Show constitutional no A 1 I 1 A AMENDMENT A JOINT resolution PROPOSING AN AMENDMENT TO SECTION 10 OF ARTICLE 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 thereof section 1 it is proposed to 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 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 un td 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 shail shall be the duty of the governor to fill the same by appointment and the appointee 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 ol of article vill VIII of the constitution of 0 the state of utah as follows sec 2 the supreme court shall consist of 0 five judges which number ina may y be increased or decreased by the legislature egi slature but no alteration or increase shall have the ef tet of removing a judge from office A majority of the judges constituting sti the court shall be necessary to form a quorum or render a decision it if a justice of the supreme court shall be disqualified from sitting in a cause before said court the remaining judges shall lau 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 t good standing learned in the wv law 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 holding his office by on n to fill a vacancy before expiration Pi of a re regular gular term shall be e the chief justice and shall pree alde at all terms of the supreme court and in case of his absence the judge having in like manner ie e next shortest term shall pre side de in his stead see sec 3 judges judge of the supreme court urt and district courts shall be selected elected tor for such terms and in uch such manner as shall be provided by y law provided however that ii selection election shall be based solely upon consideration of fitness for office without vit hOut regard to any partisan litral Consider considerations consideration atio ns and free from influence of any person ever tor and provided further that the method of electing such judges in hect when this amendment is copied adopted shau shall be followed until changed by law see sec 5 the skate state shall be divida ed into seven judicial districts tor for each of which at least one judge mall be selected selected as hereinbefore provided until otherwise provided by 7 law a district court at the county seat of each county shall be i held at least tour four times a year civil and c criminal business in any county must be ried ed in such county unless a hange ange of venue be taken in such ases w as may be provided by law sach each judge of a district court shall be e at least twenty five years of age an active member of the bar in good standing learned in the law aw a resident of the state of utah three years next preceding his se lection action ec tion and shall reside in the district for which he shall be sele selected acted 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 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 for their services which shall not be increased or aimini diminished shed during the time for which they are selected section 3 T the he secretary of state is direct directed ed to submit this proposed amendment to the electors e lec 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 it if adopted by the 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 of I 1 E E monson secretary sta state 1 te of the state of utah do hereby certify that the foregoing and correct copy of is a full true constitutional amendment proposed the by the regular session of the legislature of 1943 as the same appears of record in my office f ice I 1 have hereunto witness w whereof hereof in hand and affixed the th e att my great t seal cal of the state of utah grea this loth day of Ati august gustO 1944 E E MONSON seely ot of sta |