Show I CONSTITUTIONAL No 1 1 ilvA 0 AMENDMENT A JOINT RESOLUTION PROPOSING PROPOSING PROPOSING PRO PRO- POSING AN AMENDMENT TO TOI I SECTION 10 OF ARTICLE VII AND ANI TO SECTIONS 2 3 3 5 6 and 12 OF ARTICLE VIII VIn OF THE CONSTITUTION OF THE STATE OF UTAH RELATING TO THE SU Sua REM REME E AND DISTRICT COURTS HOW CONSTITUTED CO TERMS OF OFFICE QUALIFICATIONS QUALIFICATIONS UALIFI- UALIFI OF JUDGES JURISDICTION JURISDICTION JURISDICTION JURIS JURIS- DICTION JUDGES PRO 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 AID 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 Section 1 It is proposed to amend Section 10 of Article VII of I the Constitution of the State of 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 aI 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 gover gover- nor shall appoint some fit person to discharge the duties thereof until until until un un- un- un I til the next meeting of the senate when he shall nominate some person person person per per- son to fill such office If the office of secretary of state state auditor I state treasurer general attorney-general or superintendent of public instruction in instruction instruction in- in be vacated by death re resignation resignation resignation re- re or otherwise it shall be bethe beI bethe the duty uty of the governor to fill the I same by appointment u and the apu ap ap- snail shall nom hold his nis office unu until his successor shall be elected 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 follows vs Sec 2 2 The supreme court shall consist of five judges which number number number num num- S ber may be increased or decreased by the legislature but no alteration alteration altera altera- tion or increase shall have the ef- ef lect of removing a judge from of office 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 su supreme supreme supreme su- su preme court shall be disqualified from sitting in a cause before said court the remaining judges shall 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 Utah for the five years next preceding preceding preceding pre pre- ceding his selection The judge having the shortest term to serve not ot holding ol g his office by tion to fill a vacancy before expiration expiration expiration ex ex- ex- ex of a regular term shall be the chief justice and shall preside preside preside pre pre- side at at- atall all terms of the supreme court and in case of ot his absence the judge having in like manner the next shortest term shall preside preside preside pre pre- side in his stead Sec 3 Judges Judge of the supreme c court urt 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 fitness for lor office without regard to any partisan political political po po- po- po considerations and rind free from Influence pf or of any person whomsoever ever anC ancl anc provided further that the method of ot electing such judges in effect when this amendment is adopted shall be followed until change changed by law Sec The state shall be divided divid divid- ed into seven judicial districts for eu each off J which at le least st one judge shall shaH be selector as hereinbefore provided Until otherwise other provided by law law- lawa a district court at the county seat of each county shall be held at least four times a year AH AU civil and criminal business arising in a auy any uy county 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 court shall be at least twenty-five twenty years of age an an active member of the bar barin barin barin in good standing learned in the law a resident of the state of Utah a three years next preceding his se selection selection selection se- se lection and shall reside in the district district district dis dis- dis- dis for which whit h he shall be selected d. d Any district judge nay hold a district district district dis dis- dis- dis court in any county at the 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 i imay may be tried by a judge pro tern- tern pore who must be a member of ot the bar sworn to try the cause and agreed upon by the parties or their a attorneys of record Sec 6 G. G T The h e legislature may change the limits of any judicial district or increase or or decrease the number of districts or the judges thereof No alteration or increase shall have the effect of removing a judge from office In every additional district established establish- establish ed a judge or judges shall selected as provided in section 3 of this article Sec 12 The judges of the supreme supreme su- su u- u preme and district courts shall r receive receive re- re at stated times compensation for their services which shall not be increased or diminished during the time for which they ar an are se se- Section 3 The T 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 tate of Utah at the next general election in the manner manner man man- ner ncr as provided for by article 23 section I Constitution of Utah Section 4 4 If adopted by the electors of the state this amendment amendment amendment amend amend- ment shall shaH take effect the first day of January next succeeding a determination by the board of state canvassers of the result of ot the election election election elec elec- tion designated ted in Section 3 hereof I E 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 01 j the constitutional amendment proposed proposed proposed pro pro- t posed by the regular session of the h Legislature of ot 1943 as the same appears 01 of record in my of fice lice In witness whereof 1 have hereunto hereunto hereunto here here- unto st sa my hand and affied the i great seal of ot the State of Utah J 1 i this day of oC August 1944 4 E. E E. E MONSON of Sta State j I I |