Show constitutional no MO I 1 AMENDMENT A JOINT resolution PROPOSING TO AN AMENDMENT SECTION 10 OF ARTICLE VII AND TO SECTIONS 2 3 5 6 anu and 12 OF ARTICLE vill VIII OF THE constitution OF THE STATE OF UTAH RELATING TO THE SUPREME AND STRICT DISTRICT DI COURTS HOW constituted VED TERMS OF OFFICE qualifications OF JUDGES jurisdiction 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 all members elected to each of the two houses voting in favor thereof section 1 it Is proposed to amend section 10 ot of article vil 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 officer s whose offices are established by this s constitution ution or which may be created by law and whose ap appointment or election 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 if 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 duty of the governor to fill the same by appointment and the appointee shall hold his office until his is successor shall be elected and qualified is as may be by law provided aided 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 may be increased or decreased by the legislature but no alteration or increase shall have the effect of removing a judge from office A majority mao rity of the judges constituting sti the court shall be necessary to form a quorum or render a decision if a justice of the supreme 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 a an n active member of the bar in good standing learned in the law and a resident of the state ot 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 his stead sec 3 judges 0 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 be based solely upon consideration of fitness tor for office without regard to any partisan political considerations and free from influence of any person wh whomsoever 0 mso and anc provided further that the method of electing such judges in effect when this amendment is adopted shall be followed until changed by law sec 5 the state slate shall be divided into seven judicial districts for each of which at least one judge shall be teC as hereinbefore provided until otherwise 0 ther wise provided by law a dist district brict court at the county seat of each county shall be held at least four times a year all civil and criminal bu business siness arising in any county mu must st be tried in such county unless a change of venue be taken in such cases as may be provided by law each judge of a district court shall be at least twenty five years of 0 age an active member of the bar in good standing learned in in the law a resident of the state of utah three years next preceding his selection and shall reside in the district tor for which lie he shall be selected any district judge nay hold a district court in in any county at the request of the judge of the district and upon a request of the governor it shall be his duty to do so tiny any cause 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 see sec 6 the legislature may change the limits of any judicial district or increase or decrease the number of districts or the judges adges 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 0 this article sec 12 the judges of the s supreme U and district courts shall receive at stated times compensation for their services which shall not be increased or diminished during the time for which they are arc selected section 3 the secretary of 0 state is directed to submit this proposed amendment to the electors of the state of utah at the next general election in the manner as provided for by article 23 section 1 I constitution of utah section 4 it if adopted by the electors of the state this amendment shall take effect the first day of january next succeeding a determination by the board of state sta te canvassers of the result of the election designated in section 3 hereof 1 I E E monson secretary of state of the state of utah do hereby certify that the foregoing is a full true and correct copy ol of the constitutional amendment pro Ms posed by the regular session of the h legislature of 1943 as the same appears 0 of f record in in my office in witness whereof I 1 have e hereunto att my hand and affied the grea great t seal of the state of utah this loth day of august 1944 E E MONSON kecty of state |