Show CONSTITUTIONAL No 1 I AMENDMENT A A JOINT RESOLUTION PROPOSING PROPOSING PRO PRO- POSING AN AM AMENDMENT DMENT TO 10 VIII SECTION 10 O OF ARTICLE VII AND TO SECTIONS 2 3 3 5 6 6 0 and 12 OF ARTICLE VIII OF TIlE THE I CONSTITUTION OF THE TIlE STATE OF UTAH RELATING TO TIlE THE TIlES SUPREME S SU U REM REME E AND DISTRICT COURTS HOW CO CONSTITUTED TERMS OF OFFICE QUALIFICATIONS OF JUDGES JURISDICTION JURISDICTION JURIS JURIS- DICTION JUDGES PRO TEMPORE TEM- TEM PORE CHANGE OF JUDICIAL DISTRICTS BY THE LEGISLATURE LEGISLA LEGISLA- TURE TORE S SELECTION OF JUDICIARY JUDICIARY JUDICIARY JUDICI JUDICI- ARY AND EFFECT FELT ON INCUMBENT INCUMBENT BENT JUDGES Be it Be-it it enacted by the Legislature 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 1 It is proposed to amend Emend Section 10 of Article VII of the Constitution of the State of Utah as follows See 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 b by this constitution constitution constitution con con- or which ma may be by law and whose appointment or election Is not otherwise provided for If during the recess of the senate a vacancy occurs in to an any state or district office the governor governor gover governor nor shall appoint some fit person to discharge the duties thereof until until until un un- un- un til the next meeting of the senate when he shall nominate some person person person per per- son to fill such office If the office of secretary of state state auditor state treasurer general attorney or superintendent of public instruction in instruction instruction in- in be vacated by death resignation re resignation resignation 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- shall hold his office until his 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 5 6 and 12 of article VIII of the constitution of the state of Utah as follows Sec 2 The supreme court shall shaU 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 effect effect ef- ef 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 a quorum or render a decision If a justice of the su supreme supreme Supreme Su- Su preme court shall be disqualified from sitting in to a cause before said court the remaining judges shall call eaB a district judge to sit Eit 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 I 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 fm a vacancy before expiration expiration expiration ex ex- ex- ex of a regular term shall shaU be the chief justice and shall preside preside preside pre pre- side at all an terms of the s supreme preme court and in to 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 3 3 Judges of the supreme court and district courts shall be selected for such terms and in such manner as shall be provided pro by law provided however that selection shall be based solely upon consideration of fitness for office without regard to any partisan political political political po po- po- po considerations and free from influence of any person whomsoever ever ane anc and provided further that the method of electing such judges in effect when this amendment is adopted shall be followed until changed by law Sec 5 The state shall be divided divid divid- ed into seven judicial districts for each of which at least one judge shall be 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 to any county must be tried in to such county unless a change of venue be taken in to such cases as may be provided by law Each judge of a district court shall shaU be at least twenty-five twenty years of age an active member of the bar barin barin barto in to good standing learned in to the law a resident of the state of Utah three years next preceding his selection selection selection se se- se- se lection and shall reside in to the district district district dis dis- dis- dis for which he shall be selected Any district judge may hold a district district district dis dis- dis- dis court in to any count 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 to the district court may be tried by a judge pro tempore tern tern- pore who must be a member of the bar sworn sV to try the cause cause and agreed upon by the parties or their attorneys of record See Sec 6 T The h e legislature ma 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- ed a judge or judges shall shaU be selected as provided in to section 3 of this article Sec 12 The judges of the supreme supreme supreme su su- su- su preme and district courts shall receive receive receive re 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 Utah at the next general election in the manner manner monner man mon ner as provided for by article 23 23 section I I. I Constitution of Utah Section 4 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 election election elec elec- tion designated in 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 retard in to m my of of- fice flee In witness whereof I 1 have hereunto hereunto hereunto here here- unto sot my hand and affixed the great seal of the State of Utah this da day of August 1944 1044 E E. E. E MONSON Sect of State |