Show constitutional no M iu I 1 1 AMENDMENT A JOINT resolution PROPOSING 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 OF JUDGES jurisdiction JUDGES PRO TEMPORE CHANGE OF JUDICIAL DISTRICTS BY THE legislature SELECTION OF JUDICI ARY AND EFFECT ON INCUMBENT JUDGES be it enacted by the legislature ol of the state of utah two thirds of all members elected to each of the two houses voting in favor thereof section 1 it is proposed to amend section 10 of article VII of the constitution of the state of utah as follows see 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 or it if during the recess of the senate a vacancy occurs in any state or district office the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate when he shall nominate some person to fill such office if the office of secretary of state state auditor state treasurer attorney general or superintendent of public instruction st be vacated by death resignation or otherwise it shall be the duty of the governor to fill the same by appointment and the appointee shau shall hold his office until his successor shall be elected and qualified as may be by law provided section 2 that it is proposed to amend sections 2 3 5 6 and 12 if f article VIII of the constitution of 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 effect of removing a judge from office A majority of the judges constituting sti the court shall be feces sary ry to form a quorum or a decision if a justice of the su oreme creme court shall be disqualified from sitting in a cause before said cr ourt th the e remaining judges shall call U a d district judge to sit with them on the hearing of such cause every judge of the supreme court sha shall 11 be at least thirty years of see ge an active member of the bar ul good standing learned in the law w and a resident of the state of utah for the five years next preceding his selection the judge having the shortest term to serve not lot holding his office by selection tion to fill a vacancy before expiration Pi of a regular term shall be ethe the chief justice and shall pre side de at all terms of the supreme ourt and in case of his absence he judge having in like manner e next shortest term shall pre ide de in h his s stead sec 3 judges of the supreme ourt and district courts shall be elected for such terms and in uch ch manner as shall be provided oy y law provided however that selection election shall be based solely upon on of fitness for office without regard to any partisan po considerations and tree free from li nf luence fluence ot of any person iver er and anc provided further that the method of electa electing ng such judg judges es in affect when this amend amendment men t is adopted shall be followed until changed by law sec 5 the state shall be divid ld into seven judicial districts for each of which at least one judge wall shall be selected as hereinbefore provided until otherwise provided by y law a district court at the county seat of each county shall be D held at least four times a year all 1 civil and criminal business arising in any county must be tried d in such county unless a change of venue be taken in such cases ses as may be provided by law each judge of a district court shall be at least twenty 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 selection 1 and shall reside in the district for which he shall be selected I 1 any district judge may hold a district court in any county at the request of the judge of the district and upon a request ot of the governor it shall be his duty to do so 50 any cause in the district court may be tried by a judge pro tempore 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 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 a judge or judges shall be selected as provided in section 3 of this article sec 12 the judges of the supreme and district courts shall receive at stated times compensation tor for their services which shall not be increased or diminished during the time for which they are selected lec ted section 3 T the he secretary of 0 f state is directed to submit this proposed amendment to the electors of the state of utah at the next general election in the manner as provided for by article 23 section 1 I constitution of utah section 4 if adopted by the I 1 electors of the state this amendment shall take effect the first day of january next succeeding a determination by the board of state canvassers of the result of the election designated in section 3 hereof I 1 E E monson secretary of state of 01 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 of the of 1943 as the legislature I 1 same appears of record in my office f in witness whereof 1 have he hereunto re set my hand and aff affixed axed the great seal of the state of utah this day of august 1941 2944 E E MONSON seely of SW sta j |