Show CONSTITUTIONAL Tn T 1 1 0 J U 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 SUPREME 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 of the State of Utah two-thirds two of all members elected to each of the two houses voting in favor thereof there there- of Sect Section ion 1 It is proposed to amend Section 10 of Article VII of the Constitution of the State of Utah as follows Sec 10 The governor shall shan 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 during the recess of the senate a vacancy occurs in any state or district office the governor governor governor gover gover- nor shall shaH appoint some fit person to discharge the duties thereof until until un un- til the next meeting of the senate when he shall shaH nominate some person peLson person per per- son to fill such office If the office of secretary of state state auditor state treasurer general attorney-general or superintendent of public in instruction instruction instruction in- in be vacated by death re resignation resignation resignation re- re or otherwise it shall be bc the duty of the governor to fill the same by appointment and the appointee appointee ap ap- shall hold his office hit In 1 until a u uJ U U oe JG and qualified as may be by law pro pro- vided Section 2 That it is proposed to amend sections 2 3 5 6 and 12 of article VIII of the constitution of the state of Utah as as' follows Sec 2 The supreme court shall shan consist of five judges which number number num num- ber may be increased or decreased by the legislature but no alteration alteration altera altera- tion or increase shall have the effect ef ef- ef- ef lect of removing a judge from of of- of fice A majority of the judges constituting constituting con con- the court shall be necessary necessary sary to form a quorum or render a decision If It a justice of the supreme su supreme su- su preme court shall shaH be disqualified from sitting in a cause before said court the remaining judges shall shaH call a 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 good standing learned in the law and a resident of the state of ot Utah for the five years next preceding preceding pre pre- ceding his selection The judge having the shortest term tenn to serve tion not holding his office by selection selection to fill a vacancy before expiration expiration ex ex- of a regular term tenn shall shaH side be the chief justice and shall preside pre pre- reside re- re I at all aH ter terms of the supreme t court and in case of his absence j the judge having jn like manner manner 1 the next shortest term 1 re- re shall shaH side A preside pre pre- reside in his stead J sec bee 3 Judges of the supreme court and district courts shall shan be selected for such terms and in such manner as shall be provided by law provided however that selection shall be based consideration solely upon tion of fitness for office without regard to any partisan political political po po- po- po considerations consideration s and free from influence of any person whom whomsoever so ever ant anc and provided fu further ether that the method effect when of electing this such judges i i in adopted shall be followed amendment is changed b by y law Jaw until Sec 5 The ed into state shall be divided divid divid- se seven yen judicial dived dived- districts each of which for at least shall be set one judge e selected as hereinbefore provided Until otherwise provided by law a district court at the county seat be held at least le of each four r times count county shall shaH All civil and a 1 year criminal arisen arising g 1 in n any business tried in sUch county must be change count county Yr u unless mess a of venue be taken in cases such as may be provided by law Jaw CONSTITUTIONAL AMENDMENT No 0 2 f fA A JOINT RESOLUTION PRO POSING TO AMEND SECTION 9 ARTICLE VI OF THE CONST OF UTAH RELATING TO COMPENSATION TION OF ME MEM M. BERS OF THE LEGISLATURE LEGISLATIVE Be it resolved by the Legislature of the State of Utah two-thirds two of all members elected ejected to each of the two houses voting i L favor thereof thereof- Section 1 1 That it is is proposed to amend Section 9 Article VI VL Constitution of the State of Utah to read Section 9 The members of the Legislature shall receive such compensation com co p n and m mileage l ge as the Leg ISla ture may provide provine not exceeding exceed ing per year end ten cents centi t l per mile mUe for the distance I ily tra traveled going to and ret int s r from the place of meeting on the most usual route and they shall shan receive no other pay or perquisite Section Section- 2 The T h e secretary of d state is hereby directed to submit this proposed amendment to the electors of the State of Utah at thi the next general election ejection in the man mom manner ner as provided for by Article 2 23 t Section 1 Constitution of Utah Section 3 If adopted by the t electors of the state this amendment amend ment shall take effect the first daj daly t of January 1945 t t t I E. E E. E Monson Secretary of i r State of the State of Utah do dot to hereby certify that the forego nt i E I is a full fuH true and correct copy C tf eft p the constitutional amendment proposed pro pro- f posed by the first special session i of the Legislature I Ithe of 1944 1914 u US 0 the same appears of record in mJ mi my I office i In witness whereof I have hereunto hereunto here herh 1 unto set my hand and affixed the the great seal of the State of Utah r is day of August 1944 fE f E E. E E. E MONSON of State Ii I t 1 j 1 J II 1 i Each judge of a district court shall shU j l' l be at least twenty-five twenty years olage ol of-k y age an active member of the bar barm in m good standing learned in the r law a resident of the state of Utah three years next preceding his selection selection se se- election e- e b lection and shall reside in the district dis di for which he shall be selected a Any district judge may hold a district district dis dis- court in any county at the the j I l t request of the judge of the districts district t tand S and upon upon a request of the goner gover governor q r nor it shall be his duty to do doO so- so Any cause in the district court t may be tried by a judge pro tern tem t I pore who must be a member ol Of t the bar sworn to try the ca cause e t 1 and agreed upon by the parties parade or their attorneys of record t r Sec See 6 The T h e legislature may I change the limits of any judicial q q district or increase or decrease the the the number of districts or judges thereof No alteration of orf increase shall have the effect 0 of i removing a judge from office ID t every additional district established establish ed a judge or judges shall be W 1 t r selected as ae provided in section 3 af o othis II It this article Sec 12 The judges of the sUpreme sU preme and district courts shall receive receive re at stated times I 1 for their services which shall shan n flat t. t be increased or diminished the time for which they are se ae- lec d sections 3 The 1 h e secretary 01 kf state is directed to submit i elec elec- electors proposed amendment to the i tors of the state of f Utah at the n next ext general election in the manner man q ne ner as provided for by article 23 22 i is section I Constitution of Utah Section 4 If adopted by the e electors lectors of the state this ame amend amendment ment merit shall shaH take effect the tan first day of January next succeed succeeding g s determination by the board of state tt c canvassers of the result of the election elec election tion hon designated in m Section 3 he hereof I I. I E. E E. E Monson Secretary E EState State of the State of Utah do hereby certify that the forego of t l lIS is a 1 full true and correct copy I f the constitutional amendment P proposed Proposed pro I posed by the regular session of the t Ii tt e Legislature of at 1943 as It t same appears of record in my of- of y flee fice In witness whereof I have haye hereunto here unto affixed tW the sit set my hand and It great seal of the State of U n. n l Jj this day of August 19 1944 i E. E E E. E MONSON l Sect Y of State Staff a |