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Show For Q C Against Q Proposition No. 3 JUDICIAL ARTICLE REVISION Vote cast by the members of the 19S4 Legislature on final passage: HOUSE (75 members): Yeas, 68; Says, 3; Absent or not voting, 4. mm SENATE (29 members): Yeas, 23; Says, 5; Absent or not voting, I. L 1 Official Ballot Title: Shall Article VIII of the State Constitution be repealed and reenacted and Article XXI, Sections 1 and 2, be amended to provide a Judicial Article which: establishes the authority and jurisdiction of the Supreme Court and District Courts; allows the Legislature to establish other courts as necessary including nonrecord courts with nonlawyer judges; establishes a Judicial Council for administration of the courts; establishes the qualifications and selection process for judges; establishes a Judicial Conduct Commission to review complaints against judges; establishes elected public prosecutors; organizes and clarifies other sections, and provides an effective date of July 1, 1985. I IMPARTIAL ANALYSIS Proposal The provisions of the proposed Judicial Article can be divided into four general categories: 1 . Court Organization and Administration The revision would constitutionally establish only the supreme court and the district court. All other courts including the currently established juvenile court, circuit court and justice of the peace courts, would exist by statute not by the constitution. However, the revision does include a requirement of having a court fill the role now performed by the justice of the peace courts by requiring courts not of record to be established by statute. The revision also establishes that the qualifications for judges of courts not of record may not include being admitted to practice law in the state. This maintains the lay court system now administered by the justice of the peace courts. Under the constitution the legislature may establish other courts in the state as necessary. The revision also establishes a judicial council to sit as the administrative body of the judicial system. The council would have representatives from all court levels and be headed by the chief justice of the supreme court. There is presently a judicial council in operation. However, it is established by statute and has in the past only served part of the state's courts. The method of selecting the chief justice of the supreme court would also be changed by the revision. The constitution presently states that the chief justice is that justice with the least time remaining in his term. The revision would allow for a new selection process to be established by statute. 2. Jurisdiction and Appeals The revision establishes appellate jurisdiction in the supreme court and general trial jurisdiction in the district court. The revision allows the legislature to establish the jurisdiction of other courts. This would provide flexibility to address the supreme court's increasing work load. Though ii would not mandate any one solution, it would allow lor various options. In addition, the proposal would eliminate restrictions on the jurisdiction of the justice of the peace courts. Currently Hie constitution limits justice of the peace courts to matters with lines of up to $299. 3. Judicial Personnel Issues The revision focuses primarily on judicial selection and judicial discipline questions. The constitution presently allows the legislature to determine by statute the method of selecting judges. However, the constitution prohibits the partisan selection of judges. The supreme court in two recent cases has ruled that the legislature's involvement in the selection process is limited. This is especially true where judges are required to stand for contested elections. Court rulings have concluded that the constitution prohibits the legislature from being involved in the advise and consent of judicial appointments for supreme court, district court and circuit court judges. The proposed revision would provide for a specific and uniform selection process. The key components include: a. judicial nominating commissions - the commission would screen applicants and select the three most qualified. . b. appointment by the governor - the governor would select one of the three applicants nominated. c. review by the senate - the appointment would be effective upon majority vote of the senate. This senate vote must be within 30 days of the governor's appointment or, if not, the selection process begins again with the nominating commission. d. uncontested retention elections - at the first general election three years after appointment, each judge shall be subject to an unopposed retention election. The elections would be nonpartisan and conducted as provided by statute. The proposal also provides for the constitutional establishment establish-ment of a judicial conduct commission to review complaints and order disciplinary action against judges. The judicial conduct commission is composed of lawyers, legislators and lay citizens. It has authority to order a reprimand, censure, suspension, removal or involuntary retirement of ajudge. The action of the commission is subject to final review by the state supreme court. 4. Other miscellaneous provisions The following are other provisions contained in the revision. These sections (1) clarify the supreme court's procedural and evidence rulemaking authority, although the legislature may amend court rules by a 23 majority vote; (2) establish elected public prosecutors; (3) maintain the same qualifications for holding judicial office; and (4) remove outdated and unnecessary provisions. Effective Date The amendment, if approved by the voters, would be effective beginning July 1, 1985. However, judges currently in office would hold office for the term for which they were elected or appointed. At the completion of their full term of office they would be subject to the provisions of this article. Fiscal Effect There has been no enabling legislation passed by the legislature or changes made in the Judicial Article Revision which would have a fiscal impact. Arguments for The Utah Supreme Court hears too many cases! Our constitution requires the supreme court to hear every appeal from the major trial courts. Last year the court heard nearly 800 appeals. This makes the court's caseload one of the most burdensome in the country. Many of these appeals are of questionable value. They waste time and prevent the court from hearing more important matters. Our constitution prevent the court and the legislature from taking action to solve this problem. Proposition 3 will amend the constitution so actions can be taken to reduce the supreme court's workload. Courts need to be free from outdated restrictions! The Utah Constitution was written in 1896. It established a court system to meet 1896 needs. Unfortunately, the constitution is not flexible enough to meet changing situations. For example, the constitution limits the fines which some courts may impose. Most drunk driving offenses still carry only a $299 fine, a figure set in 1896. The constitution does not allow some courts to impose higher fines. Proposition 3 will remove outdated restrictions from the constitution. Utah must attract good judges and remove poor ones! Ideally, judges should be selected solely on professional merit. They should not be selected because of political ties or ot her non professional reasons. There should be checks so no one group unduly controls the selection process. In addition, the people should be able to review a judge's performance. The selection process in Proposition 3 meets these goals. It balances the interests of the governor, the legislature, the courts, and the people. Proposition 3 also provides for a judicial conduct commission to investigate complaints against judges. The conduct commission has authority to disipline or remove poor judges. Proposition 3 will help maintain quality judges. Utah needs an independent judicial system! The U.S. founding fathers provided for an independent judiciary in the U.S. Constitution. Our state judiciary should also be independent. Some important judicial responsibilities are open to control by ot her branches of government. Proposition 3 places these responsibilities with the judiciary. Proposition 3 will provide for an independent judiciary. Utah needs a well managed judicial system! Utah has many different courts. While their roles are different, many of their needs are similar. It is important that a central coordinating body exist to address the needs of the whole judicial system. Proposition 3 provides for a judicial council with representatives from all courts. The council is headed by the chief justice of the supreme court. It provides for better coordination between the courts. Proposition 3 will provide for a well-managed judicial system. Proposition 3 has been carefully studied! Proposition 3 has been studied for 5 years. It is supported by all levels of the judiciary and groups associated with the legal community. It is supported by the governor and received a favorable vote from nearly 90'V. of the legislature. We need Proposition 3 to give our courts tools to address contemporary problems. Vote "FOR" Proposition 3! Senator Karl N. Snow Chairman, Constitutional Revision Commission 1817 North Oak Lane, Provo, Utah 84(504 Representative (1 LaMont Richards House Chairman, Higher Education Study Committee P.O. Box 25717, Salt Lake City, Utah 8412.") Rebuttal to Arguments in favor of Proposition No. 3 The idea that Utah's Constitution is outdated is a socialist myth perpetuated by political opportunists in an attempt to deceive the electorate. The Judicial Conduct Commission has NEVTJR removed a judge from the bench for misconduct. Why should this appointed group be included in the Utah Constitution? Political rhetoric would have you believe Proposition No. 3 does not eliminate checks and balances on the judiciary. THIS IS THE DARKEST OF POLITICAL LIES. It is espoused by those who would turn our ('(institution into a document of TYRANNY. Unopposed elections of any type are not the "American Way." Legislators voted to have Proposition No. 3 on the ballot for you, the voter, to decide about our judiciary. "POWER CORRUPTS. ABSOLUTE POWER CORRUPTS ABSOLUTELY!" Preserve your freedoms. Vote "AGAINST" Proposition No. 3. Representative Francis Hatch Merrill 4280 South 838 East, Salt Lake City, Utah 84107 May we point out the fallacies in the preceding argument for Proposition 3: Paragraph 1: The Supreme Court does have an overload of cases. A simple amendment would allow them to meet in two panels, one hearing the civil cases, the other the criminal cases. Paragraph 2: The Constitution of our country, written in 1787, is still not outdated. Drunk driving penalties are more severe than ever before. Paragraphs 3 and 4: The last State Supreme Court appointment was anything but ideal. Neither the people nor their representatives had any say whatsoever in that selection. Proposition 3 would make it worse than ever. Paragraphs 5 and 6: Most of the points in Proposit ion 3 have been rejected by the legislature time and time again. Now we ask you, the people, to confirm that action. Vote "AGAINST" Proposition 3! Senator E. Veil Asay Chairman, Senate Judiciary Committee 4857 South 1950 West, Taylorsvillo, Utah 84118 Arguments Against The Constitution was written to eliminate government tynmy, not (o have the government chain people down by limiting their powers. This constitutional revision will take away YOl'U right to have a candidate run against ajudge in an election. It limits individual rights to remove judges from office by permit ting UNOPPOSED RETENTION ELECTIONS every ten years for Supreme Court Judges and every six years for other judges. Ask yourself these questions: (1) What form of government has uncontested elections? (2) What kind of government does not allow competition in candidates? (3) What kind of government has moved justice away from the people by making government unaccountable to the people through the voting process? (4) What kind of government allows only one candidate per office on the ballot? (unopposed retention elections) (")) What form of government eliminates scrutiny by the people? (6) What form of government muzzles the people in the balloting system? (7) I nder the American check& balance system of government should the judiciary police itsef without scrutiny from the people? (8) Why put the elitist Judicial Council & Judicial Conduct Commission, two functioning committees, in the Constitution thus making them difficult to eliminate or change should the need arise? This constitutional revision goes beyond the point of forming a "EXCLUSIVE CLUB". It allows the Judicial Branch to rise above the level of the people instead of serving the citizenry. This atrocity is perpetuated by the judiciary for the convenience of the judiciary and it should be offensive to FREEDOM LOVING PEOPLE. Vote "AGAINST" Proposition 3 Representative Francis Hatch Merrill 42SO South 838 East, Salt Lake City, Utah 84107 The people need to know that Proposition 3 proposes drastic undesirable changes in our constitution. There are two or three good suggestions within the proposal, however, several very bad provisions are included within the package. The good provisions should Ik; submitted to the people rather than "take it or leave it" in a single package. Proposition 3 will give unprecedented power and authority to the judicial branch of government. For instance, the present constitution reads that "judges maybe removed from office by two-thirds vole of both houses of the legislature". This gives the people through their representatives representa-tives some cont rol. Proposition -i would remove this safety valve and the judicial branch would account only to themselves for their action. This would also take from the people the inherent right to elect judges. This would also give the Supreme Court unprecedented power and authority to govern the practice of law in Utah, including who would be admitted to the bar and under what circumstances. The proposed article was rushed through a special session of the legislature without time to go through the regular legislative process. It may be we need some changes, this proposal certainly is not the answer. There are many legislators who voted to have the proposed amendment on the ballot, yet themselves will vote against Proposition 3. Vote "AGAINST" Proposition No. 3. Senators Barlow, Matheson, Overson, Sandberg, Bangerter concur! Senator E. Verl Asay Senate Chairman, Judiciary Study Committee 4857 South 1 950 West, Taylorsville, Utah 84118 Rebuttal to Arguments against Proposition No. 3 Utahns respect the U.S. Constitution and the principles it outlines. A most important principle is the need for an independent judiciary. The constitution provides for the President to appoint federal judges, subject to review by the U.S. Senate. If approved, federal judges are appointed for life. Proposition 3 proposes a similar method for selecting state judges. However, Proposition 3 contains additional safeguards: safe-guards: nominating commissions to screen applicants, and periodic review of judges by the people. Proposition 3 actually includes more protections for selecting and reviewing state judges than the U.S. Constitution does for federal judges. Selection methods similar to Proposition 3 are used in many other states. These procedures have been very effective at attracting good judges and removing poor ones. It has been shown that poor judges are often more likely to be removed with retention elections than with contested elections. Contested judicial elections raise the possiblity of serious abuse. For example, election campaigns require money, usually raised by contributions. For judicial elections, money comes primarily from lawyers and other persons who regularly appear before judges. This situation can easily result in conflicts of interest and compromise the independence inde-pendence and integrity of the judiciary. Proposition 3 is one of the most thoroughly studied proposals ever presented to Utah voters. It has been carefully reviewed by state and national authorities for nearly five years. Most of the changes have not been suggested by the courts, but by citizens concerned that Utah maintain an effective court system. VOTE "FOR" PROPOSITION 3! Senator Karl N. Snow, Jr. Chairman, Constitutional Revision Committee 1847 North Oak Lane, Provo, Utah 84(04 Representative G. LaMont Richards House Chairman, Higher Education Study Committee P.O. Box 25717, Salt Lake City, Utah 84125 COMPLETE TEXT OF PROPOSITION NO. 3 JUDICIAL ARTICLE REVISION A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO THE JUDICIAL ARTICLE OF THE UTAH CONSTITUTION; PROVIDING PROVID-ING FOR THE VESTING OF JUDICIAL POWER AND AUTHORITY TO ESTABLISH COURTS; PROVIDING FOR THE COMPOSITION AND JURISDICTION OF THE SUPREME COURT, THE DISTRICT COURT, AND OTHER COURTS; ESTABLISHING A JUDICIAL COUNCIL FOR ADMINISTRATION ADMINISTRA-TION OFTHE COURTS OFTHE STATE; PROVIDING FOR THE QUALIFICATIONS AND MEANS OF SELECTING JUDGES; ESTABLISHING A JUDICIAL CONDUCT COMMISSION TO REVIEW COMPLAINTS AGAINST JUDGES; PROVIDING FOR A SYSTEM OF PUBLIC PROSECUTERS; CLARIFYING PROVISIONS PROVI-SIONS RELATING TO THE COMPENSATION OF JUSTICES OF THE PEACE; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO AMEND ARTICLE XXI, SECTION 1 AND SEC. 2, OFTHE UTAH CONSTITUTION; AND REPEAL AND REENACT ARTICLE VIII, OF THE UTAH CONSTITUTION. Be it resolved by the Legislature of the State of Utah, two-thirds two-thirds of all members elected to each of the two houses voting in favor thereof: Section 1. It is proposed to repeal and reenact Article VIII, of the Utah Constitution, to read: Section 1. The judicial power of the state shall be vested in a supreme court, in a trial court of general jurisdiction known as the district court, and in such other courts as the legislature by statute may establish. The supreme court, the district court, and such other courts designated by statute shall be courts of record. Courts not of record shall also be established by statute. Sec. 2. The supreme court shall be the highest court and shall consist of at least five justices. The number of justices may be changed by statute, but no change shall have the effect of removing ajustice from office. A chief justice shall be selected from among the justices of the supreme court as provided by statute. The chief justice may resign as chief justice without resigning from the supreme court. The supreme court by rule may sit and render final judgement either en banc or in divisions. The court shall not declare any law unconstitutional under this constitution of the Constitution of the United States, except on the concurrence of a majority of all justices of the supreme court. If a justice of the supreme court is disqualified or otherwise unable to participate in a cause before the court, the chief justice, or in the event the chief justice is disqualified or unable to participate, the remaining justices, shall call an active judge from an appellate court or the district court to participate in the cause-Sec. cause-Sec. 3, The supreme court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by. a court of the United States. The supreme court shall have appellate jurisdiction over all other matters to be exercised as provided by statute, and power to issue all writs and orders necessary for the exercise of the supreme court's jurisdiction or the complete determination of any cause. Sec. 4. The supreme court shall adopt rules of procedure and evidence to be used in the courts of the st ate and shall by rule manage the appellate process. The legislature may amend the rules of procedure and evidence adopted by the supreme court upon a vote of two-thirds of all members of both houses of the legislature. Except as otherwise provided by this constitut ion, the supreme court by rule may authorize retired justices and judges pro tempore to perforin any judicial duties. Judges pro tempore shall be citizens of t he United States. Utah residents, and admitted to practice law in Utah. The supreme court by rule shall govern the practice of law, including admission to practice law and the conduct and discipline of persons admitted to practice law. Sec. 5. The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall have appellate jurisdiction as provided by statute. The jurisdiction of all other courts, both original and appellate, shall be provided by statute. Except for matters filed originally with the supreme court, there shall be in all cases an appeal of right from the court of original jurisdiction to a court with appellate jurisdiction over the cause-Sec. cause-Sec. G, The number of judges of the district court and of other courts of record established by the legislature shall be provided by statute. No change in the number of judges shall have the effect of removing a judge from office during a judge's term of office. Geographic divisions for all courts of record except the supreme court may be provided by statute. No change in divisions shall have the effect of removing a judge from office during a judge's term of office. Sec. 7. Supreme court justices shall be at least 30 years old, United States citizens, Utah residents for five years preceding selection, and admitted to practice law in Utah. Judges of other courts of record shall be at least 25 years old, United States citizens, Utah residents for three years preceding selection, and admitted to practice law in Utah. If geographic divisions are provided for any court, judges of that court shall reside in the geographic division for which they are selected. Sec. 8. When a vacancy occurs in a court of record, the governor shall fill the vacancy by appointment from a list of at least three nominees certified to the governor by the judicial nominating commission having authority over the vacancy. The governor shall fUl the vacancy within 30 days after remyjM the list of nominees. If the governor fails to fill the vacancy within the time prescribed, the chief justice of the supreme court shall have 20 days make the appointment from the list of nominees. The legislature by statute shall provide for the nominating commissions' composition and procedures. pro-cedures. No member of the legislature may serve as a member of, nor may the legislature appoint members to. any judicial . nominating commission. The senate shall consider and render a decision on each judicial appointment within 30 days of the date of appointment. If necessary, the senate shall convene itself in extraordinary session for the purpose of considering judicial appointments. The appointment shall be effective upon approval of a majority of all members of the senate. If the senate fails to approve the appointment, the office shall be considered vacant and a new nominating process shall commence. Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political considerations. Sec.9. Each appointee to a court of record shall be subject to an unopposed retention election at the first general election held more than three years after appointment. Following initial voter approval, each supreme court justice every tenth year, and each judge of other courts of record every sixth year, shall be subject to an unopposed retention election at the corresponding general election. Judicial retention elections shall be held on nonpartisian ballot in a manner provided by. statute. If geographic divisions are provided for any court of record, the judges of those courts shall stand for retention election only in the geographic division to which they are elected. Sec. 10. Supreme court justices, district court judges, and judges of all other courts of record while holding office may not practice law, hold any elective nonjudicial public office. or hold office in a political party-Sec. party-Sec. 11. Judges of courts not of record shall be elected in a manner, for a term, and with qualifications provided by. statute, However, no qualification may be imposed which requires judges of courts not of record to be admitted to practice law, The number of judges not of record shall be provided by statute. Sec,12, A Judicial Council is established, which shall adopt rules for the administration of the courts of the state, The Judicial Council shall consist of the chief justice of the supreme court, as presiding officer, and such otherjustices, judges, and other persons as provided by statute. There shall be at least one representative on the Judicial Council from each court established by the constitution or by statute. The chief justice of the supreme court shall be the chief administrative officer for the courts and shall implement the rules adopted by the Judical Council. Sec. 13. A Judicial Conduct Commission is established which shall investigate and conduct confidential hearings regarding complaints against any justice or judge. Following its investigations and hearings, the Judicial Conduct Commission may order the reprimand, censure, suspension, removal, or involuntary retirement of any justice or judge for the following. (JQ action which constitutes willful misconduct in office; 2 final conviction of a crime punishable as a felony under state or federal law; 3 willful and persistant failure to perform judicial duties: (4) disability that seriously interferes with the performance perfor-mance of judicial duties; or 5 conduct prejudicial to the administration of justice which brings a judicial office into dispute, Prior to the implementation of any commission order, the supreme court shall review the commission's proceedings as to both law and fact. The court may also permit the introduction of additional evidence. After its review, the supreme court shall, as it finds just and proper, issue its order implementing, rejecting, or modifying the commission's order. The legislature by. statute shall provide for the composition and procedures of the Judicial Conduct Commission. Sec. 14. The legislature shall provide for the compensation of all justices and judges. The salaries of justices and judges shall not be diminished during their terms of office, Sec. 15. The legislature may provide for the mandatory retirement of justices and judges from office, Sec. 16. The legislature shall provide for a system of public prosecutors who shall have primary responsibility for the prosecution of criminal actions brought in the name of the State of Utah and shall perform such other duties as may be provided by statute. Public prosecutors shall be elected in a manner provided by. statute, and shall be admitted to practice law in Utah. If a public prosecutor fails or refuses to prosecute, the supreme court shall have power to appoint a proseutor pro tempore. Section 2. It is proposed to amend Article XXI, Section 1, of the Utah Constitution, to read: Section 1. (All State) Unless otherwise provided by law, all state, district, city, county, town, and school officers 7 excepting notaries public, boards of arbitration, etrart commissioners, justices of the peaee and constables, shall be paid fixed and definite salariesfr Provided, that eity justices may be paW by salary when so determined by the mayor and council of 9uch cities . Section 3. It is proposed to amend Article XXI, Sec. 2, of the Utah Constitution, to read: Sec. 2. The Legislature shall provide by law, for the fees (whieh shaH) to be collected by all officers within the (State) state. (Notaries public, boards of arbitration, court commis-sioncrs, commis-sioncrs, justices of the peace, and conatablcs paid by fees; shall accept satti fees as their feH compensation. Btrt &H ; ether State) AH state, district, county, city, town, and school officers, shall be required by law to a true and correct account of all fees collected by them, and to pay the same into the proper treasury, and the officer whose duty it is to collect such fees shall be held responsible under his bond for the same. Section 4. This amendment shall not shorten the term of office nor abolish the office of any justice of the supreme court, any judge of the district court, or judge of any other court who is holding office on the effective date of this amendment. Justices and judges holding office on the effective date of this amendment shall hold their respective offices for the terms for which they were elected or appointed and at the completion of their current terms shall be considered incumbent officeholders. Existing statutes and rules on the effective date of this amendment, not inconsistent with it. shall continue in force and effect until repealed or changed by statute. Section 5. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided by law. Section 6. If approved by the electors of the state, the amendment proposed by this joint resolution shall take effect on July 1. 1985. |