Show constitutional no I 1 1 AMENDMENT ak JOINT resolution AN AMENDMENT TO SECTION 10 16 or 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 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 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 con ution or which may be created by law and whose appointment or election is not otherwise provided tor 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 until the next meeting of the senate when he shall nominate some per son to fill such office it if the office of secretary of state state auditor state treasurer attorney general or superintendent ot of public instruction st c tion be vacated by death resignation sign tion or otherwise it shall be the duty of the governor to f fill III the same by appointment and the appointee pol n tee shall hold his office until h his successor shall be elected and qualified as nj may ay be b by y law provided vid ed section 2 that it is proposed to amend sections 2 3 5 0 6 and 12 of artic article vill VIII of the constitution of the state state of utah as follows sec 2 the supreme court shall co consist n of five judges which number may be increase mir eased e d or decreased b by y the legislature but no alteration tio n 0 or r increase shall have the e effect f of removing a judge from office A mao majority rity of the judges constituting sti t the e 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 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 a active member of the bar in good standing learned in the law and a resident of the state of 0 etab utah tor for the five years next preceding his selection the judge having the shortest term to serve not holding ins ills office b by y selection to fill a vacancy before expiration pi ration of a regular term shall be the chief justice and shall preside at all terms of the sul supreme reme court and in case of tits his absence t the he judge having in like m manner anner the he next shortest term shall preside in his stead sec 3 judges of the supreme co court urt an and d district courts shall be selected for such t terms erms and to in uch such manner as sha shall il be provided by law provided however tha that t s selection shall be based solely upon confide consideration aaion of fitness for office without t regard to any partisan firpo political 0 considerations 0 ns 1 d orations erat ions and free from orn influence influent e of any person whomsoever and anc provided provide further that the method of electing such judges in effect when this amendment Is adopted shall be followed until cha changed aged by law S sec ec 6 5 the state shall be divided into seven judicial districts tor for each of which at least one judge shall be selected tec as hereinbefore provided until otherwise provided by law a district court at the county sent seat of each county shall be held at least four times a year all ali civil and criminal business arising in any county must be tried in such county unless a change of venue be taken in such cases case as may be provided by law constitutional no W 2 0 AMENDMENT A JOINT resolution PROPOSING TO AMEND SECTION 8 9 ARTICLE VI OF THE constitution OF UTAH RELATING TO compensation or OF MEMBERS OF THE legislature be it resolved by the legislature of the state of utah two thirds of all members elected to each of the two houses voting i favor thereof section 1 that it Is proposed to amend section 9 article VI constitution of the state of utah to read section 9 the members of the legislature shall receive such corn com sensation pena pensa atton tion and mileage as the legislature may provide not exceeding per year fend ten cents per mile for the distance necessarily traveled going to and returning from the place of meeting on the most usual route and they shall receive no other pay or perquisite section 2 T the h e secretary ol of state Is hereby 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 3 section 1 constitution on of 0 utah section 3 if adopted by the electors of the state this amendment shall take e effect f f act the f first day of january 1945 1 I E E monson secretary Secie tary of state of the state of utah do hereby certify that the foregoing is a full true and correct copy of cl the constitutional amendment proposed by the first special session of the legislature of 1944 es as the same appears of record in my office in witness whereof I 1 have hereunto set my hand and affixed the great seal of the state of utah is day of august 1944 E E MONSON kecty of state each judge of a district court shall be at least twenty five years of age an active member ol 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 ciny 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 ma y be tried by a judge pro tempore who must be a member ol of the bar sworn to try the cause and agreed upon by the parties or their attorneys of record sec 6 the T he legislature may change the limits of any jud judicial au dirl iclal district or increase or decrease the number of dist acts or the judges thereof no alteration or increase shall have the effect of removing a judge from office in every additional district established a guage or judges shall oe be selected as provided in section 3 of this article see sec 12 the judges of the supreme and district courts shall receive at stated times compensation for their services which shall not be be mcrea increased sed or diminished during the the time time for which they are selected section 3 T the he secretary of 0 f state is directed to submit this pr proposed 0 posed amendment td the electors of the state of utah at the next general genera I 1 elec election t ion in the manner as provided tor for by article 23 section 1 I constitution of utah section 4 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 1 I E X E monson secretary of state of the state of utah do hereby certify that the fore foregoing joing is a full true and correct copy of the constitutional amendment proposed by the regular session of the legislature of 1943 as the same appears of record in my office lame ice in witness whereof I 1 have hereunto att m my y hand and affixed the great seal leal of the state of utah this day of august 1944 E X B X MONSON kecty of state |