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Show CONSTITUTIONAL JJ0. AMENDMENT ' A JOINT RESOLUTION PRO-' PRO-' POSING AN AMENDMENT TO SECTION 10 OF ARTICLE VII, AND TO SECTIONS 2, 3, 5, 6 and ' 12 OF ARTICLE VIII OF THE ' rONSTITUTION OF THE STATE , OF UTAH RELATING TO THE 5 SUPREME AND DISTRICT COURTS, HOW CONSTITUTED, TERMS OF OFFICE, QUALIFICATIONS QUALIFI-CATIONS OF JUDGES, JURISDICTION JURIS-DICTION JUDGES PRO TEMPORE TEM-PORE CHANGE OF JUDICIAL DISTRICTS BY THE LEGISLATURE LEGISLA-TURE SELECTION OF JUDICIARY JUDICI-ARY AND EFFECT ON INCUMBENT INCUM-BENT JUDGES. Be it enacted by the Legislature of the State of Utah, two-thirds of all members elected to each of the two ho-ises voting in favor thereof: there-of: . . ' Section 1. It 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 ;tate and district officers whose offices are established by this constitution, con-stitution, or which may be created by law, and whose appointment or lection is not otherwise provided For. If, during the recess o-f the :enate, a vacancy occurs in any tate or district office, the gover-lor gover-lor shall appoint some, fit person o discharge the duties thereof un-;il un-;il the next meeting of the senate, when he shall nominate some person per-son to fill such office. If the office it secretary of state, state auditor, ;tate treasurer, attorney-general, r superintendent of public instruction in-struction be vacated by death, re-;ignation re-;ignation or otherwise, it shall be .he duty of the governor to fill the same by appointment, and the ap-oointee ap-oointee shall hold his office until his successor shall be elected and qualified as may be by law pro- 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 num-ber may be increased or decreased by the legislature, but no alteration altera-tion or increase shall have the effect ef-fect of removing a judge from office. of-fice. A majority of the judges constituting con-stituting the court shall be necessary neces-sary to form a quorum or rendei a decision. If a justice of the supreme su-preme 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 of Utah for the five years next preceding pre-ceding his selection. The judge having the shortest term to serve, not holding his office by selection selec-tion to fill a vacancy before expiration ex-piration of a regular term, shall be the chief justice, and shall preside pre-side 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 pre-side in his stead. Sec. 3. Judges 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 for office without regard to any partisan political po-litical considerations and free from influence of any person whomsoever, whomso-ever, and provided further that the method of electing such judges In -'ffect when this amendment is adopted shall be followed until changed by law. Sec. 5. The state shall be divided divid-ed into seven judicial districts, for each of which, at least one iudee Each judge of a (&!- be at least hventrt yii age, an active meirf t d in good standing, il'l'ik. Jaw, a resident of tsr , three years r.ra: - I " lechon, and shall tnctfor which he s I Any district judge,! -i tact court in anyX request of the judge f;' and, upon a requesT .', ' nor it shaU be his f . Any cause in the ? 5 & may be tried by a-f - -2 pore, who must bt l s : the bar, sworn to I : s and agreed upon t:f "- c or their attorneys t'i , Sec. 6. The kf change the limits cf TV ' district, or merest'?3 the number of tA ' judges thereof. KCJ increase shall haw J , 1 removing a judge tflit IS I every additional dkl ed, a judge or ; (n:jE selected as provided J this article. I Sec. 12. Thejuif;;. preme and district if "7,..; ceive at stated tinff 'V' for their services, r.f-' & be increased ordirJtK'-i a the time for whidV-v.-.cu lected. Fr' Section 3. The F" state is directed t j -i i ? proposed amendmet: a ; tors of the state tit. E , next general elect::!. .... ner as provided (c:r, '";-! section I, ConstiteT 3 r Section 4. If :F $ -t electors of the ste: :t ment shall take eJ day of January ns F- j determination by :i : i canvassers of the :"t .- tion designated in f . '. I, E. E. MoiHif State of the S'.nf :- Seep hereby certify tfep "--i:?. is a full, true, aDdtfCifcj or tha constitutional ti ; a posed by the regifcjt ;-7, .h ' 25th Legislature c'k . same appears ofKt:,' tit fice. fs: In witness wfcesf : Sfr e unto let my hand ffc ajj great teal of ff? ssia, J; this 10th day dais's E. E. MONSCN. 1 shall be selected 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 :ried in such county, unlest a Aange of venue be taken, in such 'ases as may be provided by law. |