| Show I j CONSTITUTIONAL No 1 1 CONSTITUTIONAL I iN A N No AMENDMENT AMENDMENT 0 O. O Mi I 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 V CONSTITUTED TERMS OF OFFICE QUALIFICATIONS QUALIFICATIONS QUALIFICATIONS OF JUDGES JURISDICTION JURISDICTION JURISDICTION JURIS JURIS- DICTION JUDGES PRO 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 EF EFFECT ON INCUMBENT INCUMBENT INCUMBENT BENT JUDGES Be it enacted b by the Legislature of the State of Utah two-thirds two of all members elected to each of oC 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 Utah as as s 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 md 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 appoint some fit person to discharge the duties thereof until until until un un- 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 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 bethe bethe 4 the duty of the governor to fill the same by appointment and the appointee appointee appointee ap ap- shall hold his office 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 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 alteration altera altera- tion or increase shall have the effect 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 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 judg-e to to sit 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 sere not holding his office by selection selection selection tion to fill a vacancy before expiration expiration expiration ex ex- of a regular 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 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 shan be based solely upon consideration of fitness for office without regard to any partisan political political po po- considerations and nd free from in influence of any person whomsoever ever ant and provided further that the method of electing such judges fudges in effect when this amendment is adopted shall be followed until changed by law Sec 5 5 The state shall be divided divided divided divid divid- ed into seven judicial districts for each of which at least one judge shall be selected as ns hereinbefore provided Until otherwise provided by law a district court at the county seat of each county shall be held at least four times a year All civil and criminal business arising in any county must be tried in such county unless a change of venue be taken in such cases as may be provided by law UI A JOINT RESOLUTION POSING TO AMEND SI i ARTICLE VI OF THE Cp CONS CONS' s rUTION OF UTAH RELA i iTO TO COMPENSATION OF OP N of BERS OF THE LEG LEGISLATE ISLAM Be it resolved by the Legi LeeiS i shy tl of the State of Utah two two two-t thir li liall all members elected t to o each of or two houses voting i L i favor ther there n Section 1 That it is isto pro to amend Section 9 Article r Constitution of the S State Stat fates of U U. U to read Section 9 The members of of v Legislature shall receive such and mileage as the I 1 may provide not ex fo ing per pcr year and 2nd ten t t tec per mile for the distance n ec ily traveled going to and ret r J from the place of meeting t o on on n t most usual route an and d they s sha 5 c receive no other pay or Section 2 T The h e secrets secretary secretary- t r c state is hereby dire directed to sul subs t this proposed amendment to tt t 1 electors of the State of Utah at lh 13 4 next general election in the rn ma mS ner as provided for by Article 21 t Section 1 Constitution of Utah Section 3 If adopted by t I electors of the state this amen ment shall take effect the first f first del of January 1945 l I E E. E. E Monson Secretary c a d State of the State of Utah J fr hereby certify that the forego is is a full true and correct copy q 1 the constitutional amendment Pro pia posed by the first special of the Legislature of 1 1944 1914 u n the same appears of record in m office oice J 1 In witness whereof I have here here- hereunto hereunto unto set my hand and affixed tt tle great seal of the State of U Uis Uis is is day of August E. E E E. E MONSON of S Sz 1 Each judge of a district court shall be at least twenty-five twenty years yean dage cl d age an active member of thein the ba ba bain in good standing learned inlaw in tit the law a resident of the state of three years next preceding his hiu K re lection and shall reside in m the ta ds tract for which he shall be selected i Any district judge may hold a dis di district I court in any county at tit tbt request of the judge of the district and upon a request of the govenor gove gove- nor it shall be his duty to do a Any cause in the district cou court cout t may be tried by a judge pro tm ten pore who must be a member d of the bar sworn to try th the ca cause and agreed upon by the p por pared or their attorneys of record Sec 6 G. T The h e legislature maj my change the limits of any district or increase or the number of districts or tit the judges thereof No alteration o or increase shall have the effect of d removing a judge from office hevery la h every additional district establish established ed a judge or judges shall tt t selected as provided in section 3 this article Sec 12 The judges of the supreme supreme su sup preme and district courts shall shan receive re If- at stated times compensate for their services which shall cot not be increased or diminished dura the time tune for lor which they are se tt- tt Section 3 T The h e secretary of 01 state is directed to submit th proposed amendment to the electors electors elec elec- tors of the state of Utah at tU next general election in the man main manner ner as provided for by article a section I Constitution of Utah Section 4 If adopted by the di electors of the state this amend amendment ment shall take effect the first firs day of January next succeeding I determination by the board of state canvassers of the result of the elec eles tion designated in Section 3 hereof I E E. E E. E Monson Secretary of State of the State of Utah do hereby certify that the is a full true and correct copy d e ethe the constitutional amendment P pr PP posed by the regular session of d t Legislature of 1943 as tM d same appears of record in my of d- of fice In witness whereof I have hereunto hereunto here hero unto sot set my hand and afi affixed ed tt ta tte great seal of the State of this day of August 1944 E E. E E E. E MONSON IONSON of State Stale |
