Show constitutional no 1 1 AMENDMENT A JOINT resolution PROPOSING AN AMENDMENT TO SECTION 10 OF ARTICLE vil VII AND TO SECTIONS 2 3 5 6 and 12 OF ARTICLE vill VIII OF THE constitution OF THE STATE OF UTAH RELATING TO THE SUPREME AND DISTRICT COURTS HOW constituted TERMS OF OFFICE qualifications OF JUDGES jurisdiction JUDGES PRO TEMPORE CHANGE OF JUDICIAL DISTRICTS BY THE legislature SELECTION OF JUDICIARY AND EFFECT ON INCUMBENT JUDGES be it enacted by the legislature of the state of utah two thirds of all members elected to each of the two houses voting in favor faor thereof section 1 it is pio proposed posed 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 ution or which may be created by law and whose appointment or election is not otherwise provided for it if during the recess of the enat senate a vacancy occurs in any tate or district office the gover lor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate when he shall nominate iome some peron to fill such office it if the office if f secretary of state state auditor tate late treasurer attorney general ir r superintendent ot of public in it truc ruction tion be vacated by death resignation or otherwise it shail shall be the duty of the governor to till fill the same by appointment and the appointee shall hold bold his office until his successor shall be elected and qualified as may be by law provided section 2 that it is proposed 0 amend sections 2 3 5 6 and 12 if article VIII ot of the constitution I 1 t the state of utah as follows see sec 2 the supreme court shall consist of five judges which number may be increased or decreased by the legislature but no alteration or increase shall have the ef cf lect elect of removing a judge from of lice A majority of the judges confuting Ut the court shall be feces ary to form a quorum or a decision if a justice of the su teme reme court shall be disqualified from from sitting in a cause before said court urt the remaining judges shall rail call a district judge to sit with them on the hearing of such cause every judge of the supreme court shan shall be at least thirty years of see age an active member of the bar in good standing learned in the baw aw and a resident ol of the state ot of utah tah for the five years next preceding his selection the judge haying having the shortest term to serve not ot holding his office by selection to fill a vacancy before ex Di ration of a regular term shall ne be the chief justice and shall we a at all terms of the supreme wit ourt and in case of his absence he judge having in like manner lie e next shortest term shall preme in h his is stead see sec 3 judges ot of the supreme and district courts shall be elected tor for such terms and in aeh A manner as s shall hall be provided ay law provided however that action tion shall be based solely upon on ot of fitness tor for office without regard to any partisan po ibcal considerations and tree free from I fluence of any person ver r ane and provided provide d further that the method ot of electia electing g such judges in infect act when thi this is amendment is adopted opted shall be followed un until til hanged by law sec 5 the state shall be divida d into seven judicial districts for lach yh of which at least one judge hall be select selected ed as hereinbefore provided until ot otherwise provided by r law a district court at the guilty county seat of e each ach county shall he k e held at least four times a Y year ear v 11 civil and criminal business ising sing in any county must be ale ed d in such county unless a ange e of venue be taken in ases ses as may be provided by law each judge of a district court shau shall be at least twenty five years ol 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 and shall reside in the district for which he shall be selected any district judge may hold a district court in any county at the request of the judge of the district and upon a request of the governor it shall be his duty to do so any cause in th the e district court may be tried by a judge pro tem who must be a member of I 1 the bar sworn to try the cause and agreed upon by the parties or their attorneys of record sec 6 T the he 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 a judge or judges shall be selected as provided in section 3 of this article sec 12 tb the e judges of the supreme and district courts shall receive at stated times compensation for or their services which shall not be increased or diminished during the time for which they are selected section 3 T the he secretary of 0 t state is directed to submit this proposed amendment to the elec ors of the state of utah at the next lext general election in the manner as provided lor for by article 23 action I 1 constitution of utah section 4 it if adopted by the lectors electors lec tors of the state this amend ni tient ent shall take effect the first lay of january next succeeding a le termination by the board of state an of the result of the election des designated designas ignat ed in section 3 hereof I 1 E n E monson secretary of state of the state of utah do hereby certify that the foregoing and correct copy of is a full true the constitutional amendment proposed by the regular session 0 of f the legislature of 1943 3 as the same appears of record in my of i fice witness whereof I 1 have h hereunto arc in affixed the set t my hand and great seal of the state of utah this day of aug august list 1944 E E MONSON seely of sta |