Show CONSTITUTIONAL No x Jn u 1 1 AMENDMENT A JOINT RESOLUTION PROPOSING PROPOSING PROPOSING PRO PRO- POSING AN AMENDMENT TO SECTION 10 OF ARTICLE VII AND TO SECTIONS 2 3 5 6 and 12 OF ARTICLE VIII OF THE CONSTITUTION OF THE STATE OF UTAH RELATING TO THE sUP SUPREME REM E AND DISTRICT COURTS HOW CONSTITUTED TERMS OF OFFICE QUALIFICATIONS QUALIFICATIONS QUALIFICATIONS OF JUDGES JURISDICTION JURISDICTION JURISDICTION JURIS JURIS- DICTION JUDGES PRO TEMPORE TEMPORE TEMPORE TEM- TEM PORE CHANGE OF JUDICIAL DISTRICTS BY THE LEGISLATURE LEGISLATURE LEGISLATURE LEGISLA LEGISLA- TURE SELECTION OF JUDICIARY JUDICIARY JUDICIARY JUDICI JUDICI- ARY AND EFFECT ON INCUMBENT INCUMBENT INCUMBENT BENT JUDGES Be it enacted by the Legislature Df of f the State of Utah two thirds of all members elected to each ench of the two houses voting in favor thereof there there- of Section 1 It is proposed to amend Section 10 of Article VII of the Constitution of the State of at Utah as follows Sec 10 The governor shall nominate and by and with the consent of the senate appoint all state and district officers whose offices are established by this constitution constitution constitution con con- or which may be created by law and whose appointment or election is not otherwise provided for If It during the recess of the senate a vacancy occurs in any state or dis district office the governor governor governor gover gover- nor shall shan appoint some fit person to discharge the duties thereof until until un un- til HI the next meeting of the senate when he shall shan nominate some person person person per per- son to fill fiB such office If the office of secretary of state state stale auditor state treasurer general attorney-general or superintendent of public instruction in instruction instruction in- in be vacated by death resignation resignation re re- re- re or otherwise it shall be bethe bethe bethe the duty of the governor to fill the same by appointment and the ap appointee appointee appointee ap- ap shall shan hold his office until his su successor cessor shall be elected and qualified as may be by law pro pro- vided Section 2 2 That it is proposed to amend sections 2 3 5 6 and 12 bf article VIII of the constitution of the state of Utah as follows Sec 2 The supreme court shall consist of five judges which number number number num num- ber may be increased or decreased by the legislature but no alteration alteration altera altera- tion lion or increase shall have the effect ef- ef effect effect ef ef- of removing a judge from of of- of fice A majority of the judges constituting constituting constituting con con- the court shall be necessary necessary necessary sary to form a quorum or render a decision If a justice of the supreme supreme su- su preme oreme court shall be disqualified from sitting in a cause before said court the remaining judges shall call a n district judge to sit with them on the hearing of such cause Every judge of the supreme court shall be at least thirty years of age an active member of the bar in m good standing learned in the law and a resident of the state of Utah for the five years next preceding preceding preceding pre pre- ceding his selection The judge having the shortest term to serve not holding his office by selection selection selection tion to fill fiB a vacancy before expiration expiration expiration ex ex- of a r regular lar term shall be the chief justice and shall preside preside preside pre pre- side at all terms of the supreme court and in case of his absence the judge having in like manner the next shortest term shall preside preside preside pre pre- side in his stead Sec 3 3 Judges of the supreme court and district courts shall be selected for such terms and In such manner as shall be provided by law provided however that selection shall be based solely upon consideration of ot fitness for office without regard to any partisan political political political po po- considerations and free from influence of ot any person whomsoever whomsoever ever an and provided further that the method of electing such judges in effect when this amendment is adopted shall be followed until changed by law Sec 5 The state shall be divided divid divid- ed into seven judicial districts for each of which at least one judge shall be selected as hereinbefore provided Until otherwise provided by law a district court at nt the county seat of each county shall be held at least four times a year All AU civil and criminal business arising in any county must be tried in such county unless a change of ot venue be taken in such cases as may be provided by law Each judge of a district ct court shall be at least twenty-five twenty years of age an active member of the bar barin barin barin in good standing learned in the law Jaw a resident of the state of Utah three years ears next preceding his selection selection selection se se- lection and shall reside in the district district district dis dis- dis- dis for which he shall be selected Any district judge may hold a district district district dis dis- dis- dis court in any county at the request of the judge of the district and upon a request of the governor governor governor gover gover- nor it shall be his duty to do so Any cause in the district court may be tried by a judge pro tempore tempore tem tem- pore who must be a member of the bar worn sworn to try the cause and agreed upon by the parties or their attorneys of record Sec 6 T The h e legislature may change the limits of any district or increase or decrease the number of districts dist or the judges thereof No alteration or increase shall shan have the effect of removing a judge from office In every additional district established establish establish- ed a judge or judges shall be selected as provided in section 3 of this Hili article Sec 12 The judges of the supreme supreme supreme su su- su- su preme and district courts shall receive receive receive re re- re- re at stated times compensation for their services which shall not be increased or diminished during the time tune for which they are se se- se Section 3 T The h e secretary o 0 f state Is directed to submit this proposed amendment to the electors electors electors elec elec- tors of the state of Utah at the next general election in the manner manner manner man man- ner as provided for by article 23 section I Constitution of Utah Section 4 If adopted by the electors of the state this amendment amendment amendment amend amend- ment shall take effect the first day of January next succeeding a n determination by the board of at state canvassers of the result result of t the election election election elec elec- tion designated in Section 3 hereof I 1 E. E E E. Monson Secretary of State of the State of Utah do hereby certify that the foregoing is a full true and correct copy of the constitutional amendment proposed proposed proposed pro pro- posed by the regular session of the Legislature of 1943 as ns the same appears of or record in my of of- lice fice In witness whereof I have hereunto hereunto hereunto here here- unto set act my hand and affixed the great seal of the State of Utah this day of ot August 1944 E. E E. E MONSON of State |