Show P constitutional 4 NO I 1 AMENDMENT A JOINT A resolution AMENDMENT PROPOSING TO SECTION OF ARTICLE VII AND TO SECTIONS 23 2 3 5 6 and VIII OF THE 12 P OF ARTICLE constitution OF THE STATE OF UTAH RELATING TO THE SU SUPREME PREME AND DISTRICT COURTS HOW I 1 instituted I 1 TERMS OF OFFICE 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 ot of all members elected to each of the two houses voting in favor thereof section I 1 it Is proposed to amend section 10 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 whose offices are established by this constitution ution or which may be created hy by law jaw and whose appointment or election is not otherwise provided for if during the recess of the senate a vacancy occurs tn in siny 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 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 she shall ill 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 as may be by law provided 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 ma majority arity 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 an 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 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 I 1 in such manner as shall be provi provided ded 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 and 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 shall be divided into seven judicial districts for each of which at least one judge shall be as 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 each judge of a district court shall be at least twenty five years ot of age an active member of the bar in good standing learned in the law a resident of the state of utah throe three years next preceding his selection and shall reside in the district for foi which he shall be selected any district judge nay hold a dis brict court in any county at the request of the judge of the district and upon a request of the governor n or it shall be his duty to do da so any A ny cause in the district court may be tried by a judge pro tern tem pore who must be a member nien ot of the bar sworn to try the cause and agreed upon by the parties or their attorneys of record see 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 select Pd as provided in section 3 of this article sec ec 12 the judges of the supreme S p r m e and a nd 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 selected sections section 3 the secretary of state is directed to submit this proposed amendment to the electors of the state of utah at the next general genera election in the manner as provided for by article 23 section I 1 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 canvassers of the result of the election designated 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 pro posed by the regular session of the legislature of 1943 as ar the same appears ot record in my of fice ice in witness whereof I 1 hiie have h hereunto st my hand and affa affi affixed cd the great seal of the state of utah this day of august 1944 E E MONSON kecty of state |