Show CONSTITUTIONAL No I 1 AMENDMENT A JOINT RESOLUTION PROPOSING PROPOSING PROPOSING PRO PRO- POSING AN AMENDMENT TO SECTION 10 OF ARTICLE VII AND TO SECTIONS 2 3 5 fi 6 and 12 OF ARTICLE VIII OF m THE CONSTITUTION OF THE TIlE STATE OF UTAH RELATING TO THE TIlE SUPREME AND DISTRICT COURTS HOW CONSTITUTED TERMS OF OFFICE QUALIFICATIONS QUALIFICATIONS QUALIFICATIONS OF JUDGES JURISDICTION JURIS JURIS- DICTION JUDGES PRO TEMPORE TEMPORE TEMPORE TEM- TEM PORE CHANGE OF JUDICIAL DISTRICTS BY THE TIIE LEGISLATURE LEGISLATURE LEGISLATURE LEGISLA LEGISLA- TURE SELECTION OF JUDICIARY JUDICIARY JUDICIARY JUDICI JUDICI- ARY AND EFFECT ON INCUMBENT INCUMBENT INCUMBENT BENT JUDGES Be it enacted by the Legislature of of the State of Utah two-thirds two of all members elected to each of the two houses voting in favor thereof there 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 state and district officers whose offices are established by this constitution constitution constitution con con- or which may be created by law and whose appointment or election is not otherwise provided for If It during the recess of the senate a vacancy occurs in any state or district office the governor governor governor gover gover- nor shall appoint some fit person to discharge the duties thereof until until until un un- til the next meeting of the senate when he shall nominate some person per son to In fill such office If the office of secretary of state state auditor state treasurer general attorney-general or superintendent of public in instruction instruction instruction in- in be vacated by death resignation resignation resignation re re- re- re or otherwise it shall be bethe bethe bethe the duty of the governor to fill the same by appointment and the appointee appointee appointee ap ap- ap- ap shall hold his office until his successor shall be elected and qualified as may be by law pro 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 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 ef effect ef- ef teet lect of removing a judge from of of- fice A majority of the judges constituting constituting constituting con con- the court shall be necessary necessary necessary sary to form tonn a quorum or reude a decision If It a justice of the su supreme supreme supreme su- 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 ot otUta Uta Utah for the five lve 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- ex- ex of f a regular term shall be the chief chef justice and shall preside preside preside pre pre- side at all terms of the tho supreme court and in case of his absence the judge having in like manner the next short shortest st term shall preside preside preside pre pre- side in his stead Sec 3 3 Judges of the supreme court and district courts shall be selected for such terms and in uch manner as shall be provided by law provided however that selection election shall be based solely upon of fitness for office without regard to any partisan political po po- considerations and free from of any person ver ane anc and provided further that the of electing such judges in effect when this amendment is adopted shall be followed until hanged by law Sec 5 The state shall shaU be livid divid- d into seven judicial districts for forach forach forach ach of which at least one judge hall be selected as hereinbefore Until otherwise provided Y y law a district court at the seat of each county shall shalle e held at least four times a year Ml 11 civil and criminal business rising in any county must be led fed in such county unless a hange of venue be taken in such ases as may be provided by law Each Judge of a district court shall be at least twenty twenty five 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 se selection selection selection se- se lection and shall reside In the district district district dis dis- for tor which he shall be selected Any district judge may hold a district district district dis dis- dis- dis court in any county at the request of the judge of the district and upon a request of the governor governor governor gover gover- nor It shall be his duty to do so Any cause in the district court may be tried by a judge pro tempore tern 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 0 T The h e 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 establish- hed h- h ed a q judge or judges shall be selected as provided in section 3 of this article Sec 12 The judges of Jf the supreme supreme su su- su preme and district courts shall re receive receive receive re- re at stated times compensation for tor 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 Utah at the next general election in the manner manner man man- ner as provided for tor by article 23 section I 1 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 the election elec tion designated In Jn Section 3 hereof I E. E 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 pro- proposed posed by the regular session of the Legislature of 1943 as the same appears of record In my of of- flee fice In witness whereof of I have hereunto hereunto hereunto here here- unto sot set my hand and affixed the great seal of the State of Utah this day of August 1944 E E. E. E MONSON of State |