Show constitutional no M I 1 1 AMENDMENT A JOINT resolution PROPOSING A AN N AMENDMENT NT TO SECTION 10 OF ARTICLE VII ANU 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 OF JUDGES jurisdiction DIC riON JUDGES PRO TEMPORE CHANGE OF JUDICIAL DISTRICTS BY THE legislature SELECTION OF JUDICIARY AND EFFECT ON INCUMBENT JUDGES be it enacted by the legislature of the state of utah two thirds of oil all members elected to each of the two houses voting in in favor dav or thereof section 1 it is is proposed to amend section 10 of article VII of 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 ution or which may be created bylaw by law and whose appointment or election is is not otherwise provided tor for if during the recess of the senate a vacancy occurs in in any state or district office the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate when hen he shall nominate some per son to fill such office if the office oase of secretary c of state state auditor state treasurer attorney general or superintendent of public instruction st be vacated by death resignation or otherwise it shall be the duty of the governor to fill the mine me by appointment and the appointee mintee shall hold his office until na successor shall be elected and qualified as may be by law provided section 2 that it is proposed to amend sections 2 3 5 6 and 12 ot of article VIII of the constitution of 0 the state of utah as follows sec 2 the supreme court shall I 1 consist of five judges which number may be inar increased eased or decreased by y the legis legislature latu re but no alteration or increase shall have the e ef f feet of removing a judge from of flee ce A maj majority rity of the judges con tu sti tho the court sh shall III be necessary to form a quorum or render a decision if a justice of the supreme court shall be disqualified om sitting in a cause before said flirt court the remaining judges shall call U a district judge to sit with atheni m on the hearing of such cause mery every judge of the supreme court shall all be at least thirty years of ae W rd an active member of the bar in m good standing learned in the law w and a resident of the state of utah for the five years next preying preceding his selection the judge having the shortest term to serve t holding his office by deec hilll bor to fill a vacancy before ex bation of a regular term shall b M the chief just justice ice and shall pre side 6 at au all terms of the supreme court rn m and in case of his absence the e judge having in like manner the le next shortest term shall pre in his stead d sec we 3 judges of the supreme court t and district courts shall be selected elected f for or such terms and in such k manner anner as shall be provided by y law provided provid e I 1 however that selection sia shall be based solely upon a tion of fitness for office without regard to any y partisan poal considerate consi considerations derat ions and free from ence of any person ever ibah and 11 provided further that the method efta feet of 0 electing acting such judges in when 11 this amendment is adoni adopted ha d shall he be followed loll owed until haged hanged by law ed sec ee 5 the state shall be divid into seven judicial districts for each sach hall of i which at least one judge b e selected provided b dro ovidea ovi ded until otherwise as hereinbefore provided low count a district court at the be h 17 Y seat of each county shall AU all eld ra at least four times a ear bust and criminal business es i tried fried ng i on any county must be e cian chano in 1 such county unless a ge c ve venue be taken in s such u c 3 aa s may be provided by 1 law a each judge of a district court shall be at least twenty five years of age an active member of the bar in good standing learned in the law a resident of the state of utah three years next preceding his selection and shall reside in the district for which he shall be selected any district judge may hold a district court in any county at the request of the j judge of the district and upon a request of the governor it shall be his duty to do so any cause in in the district court may be tried by a judge pro tempore who must be a member of the bar sworn to try the cause and agreed upon by the parties or their attorneys of record sec 6 T the he legislature may c hange change the limits of any judicial district or increase 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 a judge or judges shall be selected as provided in section 3 of this article sec 12 T the lie judges of the supreme and di district s brict courts shall receive at stated times compensation for their services which shall not be increased or diminished diminish c d during the time for which they are aie selected section 3 1 T the he secretary of 0 f state is dire directed c ted to submit this proposed amendment to the electors of the state of utah at the next genera general election in the manner ig as provided for by article 23 section 1 I cons constitution of utah section 4 if adopted by the electors of the state this amendment shall take effect the first of january next succeeding a day determination by the board of state canvassers of the result of the election designated in section 3 hereof 1 I E E monson secretary ot of state of the state of utah do hereby certify that the foregoing and correct copy of full true is is a the ec constitutional n t I 1 u dional amendment proposed of the regular session the sed by p 1943 a as the 2 ath legiel legislature of ofin same appears of record in my flee thereof whore of I 1 he have hereunto witness att my hand and offa affixed ed the utah great seal of the state of this day of augu august st 1944 kecty of state E E MONSON |