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Show Constitutional tt i amendment a,"'' 1 ior.OINT RESOLUTION PRO-ha-tNG AN AMENDMENT TO TION 10 OF ARTICLE VII, nt" TO SECTIONS 2, 3, 5, 6 and st,)F ARTICLE VIII OF THE h STITUTION OF THE STATE ;UTAH RELATING TO THE 'HEME AND DISTRICT iaDRTS, HOW CONSTITUTED, I MS OF OFFICE, QUALIFI-y QUALIFI-y IONS OF JUDGES, JURIS-n JURIS-n (TON, JUDGES PRO TEM-orE, TEM-orE, CHANGE OF JUDICIAL ,:RICTS BY THE LEGISLATE, LEGISLA-TE, SELECTION OF JUDICI- ' AND EFFECT ON INCUM-re-T JUDGES. l a' it enacted by the Legislature d ie State of Utah, two-thirds of t: lembers elected to each of the houses voting in favor there-no: there-no: Mtction 1. It is proposed to bifid Section 10 of Article VII of ; Constitution of the State of ij (, as follows: s c. 10. The governor shall ..'mate, and by and with the )rSnt of the senate, appoint all and district officers whose es are established by this conation, con-ation, or which may be created )w, and whose appointment or or'ion is not otherwise provided oa: If, during the recess of the ec:te, a vacancy occurs in any ; t or district office, the gover-rfshall gover-rfshall appoint some fit person j, scharge the duties thereof un-le un-le next meeting of the senate, 31rn he shall nominate some per-io per-io fill such office. If the office VSicretary of state, state auditor, jej treasurer, attorney-general, 3 superintendent of public in-' in-' :lion be vacated by death, re-' re-' tion or otherwise, it shall be U:iuty of the governor to fill the by appointment, and the ap-acitee ap-acitee shall hold his office until ,ra5uccessor shall be elected and ... .ified as may be by law pro- m;ction 2. That it is proposed rmend sections 2, 3, 5, 6 and 12 it rticle VIII of the constitution he state of Utah, as follows: -3c. 2. The supreme court shall ist of five judges, which num-may num-may be increased or decreased the legislature, but no altera-or altera-or increase shall have the ef-of ef-of removing a judge from of-. of-. A majority of the judges con-lting con-lting the court shall be neces-' neces-' to form a quorum or rendei ecision. If a justice of the su-me su-me court shall be disqualified n sitting in a cause before said rt, the remaining judges shall . a district judge to sit with m on the hearing of such cause, ry judge of the supreme court 11 be at least thirty years of" , an active member of the bar, good standing, learned in the ', and a resident of the state of ih for the five years next preying pre-ying his selection. The judge -'ing the shortest term to serve, ? holding his office by selec-i selec-i to fill a vacancy before ex-sation ex-sation ol a regular term, shall .'the chief justice, and shall pre-8 pre-8 at all terms of the supreme lut, and in case of his absence, ) Judge, having in like manner, : next shortest term, shall pre-e pre-e in his stead. ,Sec. 3. Judges of the supreme irt and district courts shall be 'ected for such terms and in :h manner as shall be provided law, provided, however, that ection shall be based solely upon "(deration of fitness for office thout regard to any partisan po-cal po-cal considerations and free from nience of any person whomso-M, whomso-M, and provided further that the sthod of electing such judges in feet when this amendment is opted shall be followed until anged by law. Sec. 5. The state shall be divid-jnto divid-jnto seven judicial districts, for ch of which, at least one judge all be selected as hereinbefore ovided. Until otherwise provided ' law, a district court at the unty seat of each county shall held at least four times a year. 1 , civil and criminal business ising in any county, must be ed in such county, unless a ange of venue be taken, in such ses as may be provided by law. 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, se-lection, and shall reside in the district dis-trict for which he shall be selected. Any district judge may hold a district dis-trict court in any county at the request qf the judge of the district, and, upon a request of the governor gover-nor it shall be his duty to do so. -Any cause in the district court ; may be tried by a judge pro tempore, tem-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. The legislature may change the limits of any judicial -district, or increase or decrease the number of districts, or the judges thereof. ITo alteration or increase shall have the effect of removing a judge from 'office. In every additional district established, establish-ed, a judge or judges shall be selected as provided in section 3 of this article. Sec. 12. The judges of the supreme su-preme and district courts shall receive re-ceive at stated times compensation for their services, which shall not be increased or diminished during the time for which they are selected. se-lected. Section 3. The secretary o f state is directed to submit this proposed amendment to the electors elec-tors of the state of Utah at the next general election in the manner man-ner as provided for by article 23, section I, Constitution of Utah. Section 4. If adopted by the electors of the state, thig amendment amend-ment shall take effect the first day of January next succeeding a determination by the board of state canvassers of the result of the election elec-tion designated in Section 3 hereof. 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 of the constitutional amendment proposed pro-posed by the regular session of the 25th Legislature of 1943, as the same appears of record in my office. of-fice. In witness whereof, I have hereunto here-unto set my hand and affixed the great seal of the State of Utah, this 10th day of August, 1944. E. E. MONSON, Secty. of State. |