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Show INSTITUTIONAL TNT-,, 1 liUMENDMENT 1 f INT RESOLUTION PRO-. PRO-. IG AN AMENDMENT TO Jlr'ON 10 OF ARTICLE VII, !rsrO SECTIONS 2, 3, 5, 6 and ed' ARTICLE VIII OF THE thTITUTION OF THE STATE pTAH RELATING TO THE tREME AND DISTRICT TS, HOW CONSTITUTED, CS OF OFFICE, QUALIFIES QUALIFI-ES OF JUDGES, JURIS-S JURIS-S iON, JUDGES PRO TEM-mi TEM-mi CHANGE OF JUDICIAL f-UCTS BY THE LEGISLA-SELECTION LEGISLA-SELECTION OF JUDICI-AND JUDICI-AND EFFECT ON INCUM-laf INCUM-laf JUDGES. "eit enacted by the Legislature Ei State of Utah, two-thirds of imbers elected to each of the jsouses voting in favor there- ':ion 1. It is proposed to Section 10 of Article VII of Constitution of the State of es as follows: io 10. The governor shall ;t.iate, and by and with the it of the senate, appoint all and district officers whose are established by this con-on, con-on, or which may be created irt", and whose appointment or m is not otherwise provided aJf, during the recess of the i, a vacancy occurs in any or district office, the gover-nnall gover-nnall appoint some fit person Charge the duties thereof un-ii: un-ii: next meeting of the senate, j, he shall nominate some per-ji per-ji fill such office. If the office retary of slate, state auditor, treasurer, attorney-general, 1:iperintendent of public in-:ion in-:ion be vacated by death, region re-gion or otherwise, it shall be uty of the governor to fill the . by appointment, and the ap-e ap-e shall hold his office until Accessor shall be elected and tied as may be by law pro- ition 2. That it is proposed lend sections 2, 3, 5, 6 and 12 tide VIII of the constitution e state of Utah, as follows: :. 2. The supreme court shall st of five judges, which num-aay num-aay be increased or decreased le legislature, but no altera-ar altera-ar increase shall have the ef-)f ef-)f removing a judge from of-A of-A majority of the judges coning con-ing the court shall be neces-to neces-to form a quorum or rende; lision. If a justice of the su-e su-e court shall be disqualified sitting in a cause before said , the remaining judges shall a district judge to sit with on the hearing of such cause. ' judge of the supreme court be at least thirty years of in active member of the bar, !Od standing, learned in the and a resident of the state of for the five years next pre-g pre-g his selection. The judge IS the shortest term to serve, lolding his office by selec-lo selec-lo fill a vacancy before ex-on ex-on of a regular term, shall e chief justice, and shall pre-ft pre-ft all terms of the supreme ' and in case of his absence, Jdge, having in like manner, ext shortest term, shall pre-n pre-n his stead. 3. Judges of the supreme find district courts shall be ed for such terms and in manner as shall be provided iw, provided, however, that ion shall be based solely upon ieration of fitness for office "t regard to any partisan po-considerations po-considerations and free from ice of any person whomso-and whomso-and provided further that the d of electing such judges in when this amendment is ed shall be followed until :ed by law. 5. The state shall be divid-o divid-o seven judicial districts, for of which, at least one judge be selected as hereinbefoVe led. Until otherwise provided w, a district court at the ' seat of each county shall 'd at least four times a year, ivil and criminal business 8 in any county, must be in such county, unless a e of venue be taken, in such 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 of 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. No 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 durin.r; 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, this 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. MOXSON, Secty. of State. I |