Show lC l C CONSTITUTIONAL 1 C CONSTITUTIONAL AMENDMENT O NOn No 1 X AMEN MENT No Z 2 A JOINT RESOLUTION PROPOSING PROPOSING PROPOSING 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 CONSTITUTION OF THE STATE OF UTAH RELATING TO THE SUPREME AND DISTRICT COURTS HOW CONSTITUTED TERMS OF OFFICE QUALIFICATIONS QUALIFICATIONS QUALIFICATIONS OF JUDGES JURISDICTION JURISDICTION JURISDICTION JURIS JURIS- DICTION JUDGES PRO TEM TEM- PORE CHANGE OF JUDICIAL DISTRICTS BY THE LEG LEGISLATURE LEGISLATURE LEGISLA LEGISLA- ISLA- ISLA TURE TUBE SELECTION OF JUDICIARY JUDICIARY JUDICIARY JUDICI JUDICI- ARY AND EFFECT ON INCUMBENT INCUMBENT INCUMBENT BENT JUDGES Be it enacted by the Legislature of the State of Utah two-thirds two of all aU members elected to each of f the two houses voting in favor thereof there there- of Section 1 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 b by and with the consent of the senate appoint all state and district officers whose offices are established by this constitution constitution constitution con con- or which which may may be created by law and whose appointment or election is is' not otherwise provided for If during the recess of the senate a vacancy occurs in any state or district office the governor gover gover- nor shall appoint seme fit person to discharge the duties thereof un until until un un- un til the the- next meeting of the senate when he shall nominate some person person person per per- son to fill such office If the offices office i of secretary of state state auditor state treasurer general attorney-general or superintendent of public instruction in instruction instruction in- in be vacated by death resignation resignation resignation re re- re- re or otherwise it shall be bethe bethe bethe the the governor to fill the and the appointee appointee appointee ap ap- ap- ap shall hold his office until his his' successor shall be elected eJected and I qualified as as' may be by law pro pro- vided d. d Section 2 That It is proposed to amend sections 2 2 3 5 6 and 12 of article VIII of the constitution of the state of Utah as follows follow Sec 2 2 court shall consist of five judges which number number number num num- ber may be Increased or decreased by the legislature but no alteration alteration alteration altera altera- tion or increase shall have the effect effect ef ef- of removing a judge from of of- fice flee A majority of th the judges constituting constituting constituting con con- the court shall be beneces I n necessary ces- ces sary to form fonn a quorum or or render a 3 decision If a justice the of supreme su supreme supreme su- su preme court shall be disqualified sitting in Inn a cause before said court the remaining judges shall call caU a district j judge dge to sit with them on the hearing nearing of such cause Every j judge dge of the supreme supreme court court sh shall U 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 preceding preceding pre pre- ceding his selection The judge having the shortest term to serve not holding his office by selection selection selection tion to fill a vacancy before expiration expiration expiration ex ex- of a a regular term shall be the chief justice and shall preside preside preside pre pre- side at all terms of the supreme co court rt and in In- Incase case of his absence the judge having in like manner the next shortest term shall preside preside preside pre pre- side in his stead Sec See 3 Judges of the supreme court and district courts shall be selected for fol 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 tor office without regard to any partisan political political po po- considerations consideration ratIons and free from influence of any person whomsoever whomsoever whomsoever ever ant an and provided further that the of electing such judges in effect when this amendment is adopted adapted shall be followed until changed by law Sec 5 5 The state shall be divid- divid d into seven Judicial districts for forach forach forach ach of w which ich at least one judge hall be selected as hereinbefore provided Until otherwise provided by law a district court at the th seat of each county shall shalle he e held at least four times a year Ml 11 civil and criminal business rising in any county must be bened vied ned in such county unless a hangs hange of venue be taken in such ases as may be provided by law A JOINT RESOLUTION PROPOSING PROPOSING PRO PRO- I POSING TO AMEND SECTION 9 9 I ARTICLE VI OF THE CONSTITUTION I OF UTAH RELATING TO COMPENSATION OF MEMBERS MEM MEM- M MEMBERS M- M BERS OF THE LEGISLATURE Be it resolved by the Legislature of the State of Utah two-thirds two of all members elected to each of the two houses voting i L favor thereof Section 1 That it is proposed to amend Section 9 Article VI Constitution of the State of Utah I to rea read Section 9 The members of the Legislature shall receive such compensation compensation compensation com com- and mileage as the LegIslature Legislature Leg Leg- may provide not exceedIng exceeding exceed exceed- ing per year end and ten cents per mile for the distance necessarily necessarily necessarily ily traveled going to and returning from the place of meeting on the most usual route and they shall shaa receive no other pay or perquisite Section 2 T The h e secretary of state is hereby directed to submit this proposed amendment to the electors of the State of Utah at th the next general election in the manner manner manner man man- ner as provided for by Article 23 Section 1 I Constitution of Utah Section 3 If adopted by the electors of the state this amendment amendment amend ment shall take first day of January 1945 I E El E E. Monson Secretary of St State te of the State of at Utah do hereby certify that the foregoing is isa a full true and correct copy of th the constitutional amendment proposed proposed pro pro- p posed sed by the first special session of the the Legislature of 1944 as the same same appears of record In my office In witness whereof I have hereunto hereunto hereunto here here- unto set my hand and affixed the great seal of the State of Utah I is is' day of August 1944 E. E E. E MONSON Se t Each judge of court shall be at least twenty-five twenty years of age an active member of the bar barin barin barin in good standing learned in the law of the state of Utah three years years' n preceding his his' selection se- se lection and shall r reside side in the district dis dis- dis for which he shall be selected Any district judge may hold a adIs- adIs distract dis dis- district tract court in any county at the request of the judge of the district and and- upon a request the governor gover governor nor it shall be his duty to do so Any cause in the district court may maybe be be- tried by a judge pro tempore tern tern- 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 ec 6 T The h he e legislature may ch change the limits of any judicial district or or of 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 establish- ed a judge or judges shall be selected as provided in section 3 of this article Sec 12 The judges of the supreme supreme supreme su su- su- su preme and district courts shall receive re ree re at stated times compensation for their services which shall not be increased or diminished during the time for which they are se se- se Section 3 T The h e secretary o 0 of f state is directed to submit this proposed amendment to the electors electors electors elec elec- tors of the state of at Utah at the next general election in the manner manner manner man man- ner as provided pro for by article 23 section I Constitution of Utah Section 4 If adopted by the electors of the state this amendment amendment amendment amend amend- ment shall take effect the first day of January next succeeding a determination by the board of state canvassers of the result of ot the election election elec elec- tion designated in Section 3 hereof I E. E E E. E Monson Secretary of State of the State of Utah do hereby certify that the foregoing is a full fuU true and correct copy of the constitutional amendment proposed proposed proposed pro pro- posed by the regular session of the Legislature of 1943 as the same appearS of record In my ofIn office of- of fice It In Iq witness of I l have hereunto hereunto hereunto here here- unto sot s t my hand and affixed the thethis great grent seal of the State of Utah h this day of August 1 1044 E. E E E. MONSON o of State |