Show constitutional no M i ro I 1 1 AMENDMENT JOIN resolution A posing AN AMENDMENT TO SECTION ACTION 10 1 OF ARTICLE VII AND TO SECTIONS 2 3 5 6 and OF ARTICLE VIII OF THE institution constitution 12 OF THE STATE OF UTAH RELATING TO THE supreme AND DISTRICT COURTS burts HOW constituted TERMS OF 0 OFFICE OF JUDGES jurisdiction diction JUDGES PRO TEMORE pore CHANGE OF JUDICIAL DISTRICTS BY THE LEGISLA TURE buhe SELECTION OF JUDICI ally IRY AND EFFECT ON ENT JUDGES ile be it enacted by the legislature of the e state of utah two thirds of all members elected to each of the two houses voting in favor there of 0 section L 1 it is proposed to amend section 10 of article VII of the constitution of the state of utah ns as follows se 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 by law w and whose appointment or elec election la on is not otherwise provided for it if during the recess of the senate a vacancy occurs 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 he shall nominate some person to fill such office it the office of secretary 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 the governor to fill the same by appointment and the ap poetee shall hold his until bis is successor shall be elected and qualified as may be by law provided section 2 that it Is proposed to amend sections 2 3 5 C 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 may be increased or decreased by the legislature but no alteration or increase shall have the ef ieca lect of removing a judge from office A mao majority rity of the judges constituting sti the court shall be necessary to form a quorum or rende a decision if a justice of the supreme court shall be disqualified from sitting in 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 ot of utah for the five years next preceding his selection the judge having the shortest term to serve not holding his office by selection to fill a vacancy before expiration pi ration of a regular term shall be the chief justice and shall preside 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 in in his stead sec 3 judges of the supreme court and district courts shall be selected for such terms and in such mariner as shall be provided by law provided however that selection shall be based solely upon consideration of fitness for office without regard to any partisan political considerations and free from influence of any person whomsoever anc anc provided further that the method of electing such judges in in effect when this amendment is is adopted shall be followed until changed by low law see sec 5 the state shall he be divided into seven judicial districts for each of which at least one judge shall be teC as hereinbefore provided until otherwise provided by law a district court at the county seat of each county shall be e held hed at least four times a year all call and criminal business arising Is ing in any county must be tried in I 1 n such county unless a hange change of v venue nue be taken in such cases as may may be provided by law each judge of a district court shall be at least twenty five years of age ge 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 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 judge of the district and upon a request of the governor noe it t shall be his duty to do so any an y cause in the district court may be tried by a judge pro tern pore 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 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 see sec 12 the judges of the supreme and district courts shall receive at stated times compensation for tor their services sei vices which shall not be increased or diminished duri during 11 9 the time for which they are selected section 3 the th e secretary 0 of f state is directed to submit this proposed amendment to the electors of the state of utah at the next general election in in the manner as provided for by article 23 section 1 I constitution of utah section 4 if adopted by the electors of the state this amendment shall take effect the first day daiy of january next net succeeding a c determination termination le by the board of state canvassers assers of the result of the cle election C designated in in section 3 hereof I 1 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 by the regular session of t the he legislature of 1943 as the same appears oi 01 record in my office f in witness whereof I 1 have ru e hereunto st sit si t my hand and affixed the great seal of the state of utah this day of august 1941 1944 E E MONSON kecty of state |