Show constitutional AMENDMENT no 1 I 1 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 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 m favor thereof section 1 I 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 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 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 shall hold hod 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 end 12 of article VIII of the constitution althe state ot of Ut ahas as foll follows sec 2 the supreme court sag shall 11 consist of five judges N alrh rumber may be increased or decre decreased aed by the legislature but no alteration or increase shall have the effect of removing a judge from office A mai majority arity of the judges constituting sti the court shall be necessary to form a quorum or render a decision 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 jude of the supreme court shall be at i least thirty y years of age an active member of the bar in good standing learned in the law and a resident of the state of utah for the five years next preceding his selection the judge judg e having havin the shortest term to serve not bolding holding his office by selection to fill a vacancy before expiration pi of a regular term shall be the chief justice and shall preside at all terms of the supreme court and in case of his absence the judge having in like manner the next shortest term shall preside in his stead sec 3 jud judges judes es of the supreme i court and dist district brict courts shall be selected for such terms and in such manner as shall be provided by law provided however that selection shall be based solely upon consideration of fitness for office without regard to any partisan political considerations and free from influence of any person whomsoever and provided further that the method of electing such judges in affect when this amendment is adopted shall be followed until changed by law sec 5 the state sh shall all be divided into seven judicial districts for ach aach of which at least one judge shall hall be selected as hereinbefore provided until otherwise provided by law a district court at the county seat of each county shall be held at least four times a year all civil and criminal business arising in any county must be tried in such county unless a change of venue be taken in such ases as may be provided by law constitutional AMENDMENT no 1 KT 2 9 A JOINT resolution PRO POSING TO AMEND SECTION 9 AR ARTICLE VI OF THE constitution OF UTAH RELATING i TO compensation 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 I 1 to amend section 9 article VI I 1 constitution of the state of utah I 1 to reao section 9 the members of the legislature shall receive such compensation pensa tion and mileage mi lealE as s the legislature may provide not exceeding in per year and ten cents per mile for the distance necessarily traveled going to and returning from the place of meeting on oh the most usual route and they shall receive no other pay or perquisite section 2 T the h e secretary 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 23 section 1 constitution of utah section 3 it if adopted by ahe the electors of the state this amendment shall take effect the first day of january 1945 1 I E E monson secretary of state of the state of utah do hereby certify that the foregoing is a lull full true and correct copy cf f the constitutional amendment proposed by the first special session of the legislature of 1944 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 of the bar in in good standing learned in the law a resident of th estate of utah three years next preceding his selection and shall reside in the he 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 the district court may be tried by a judge pro tern core who must be a member of the bar sworn to try the cause and a agreed reed upon by the parties or their attorneys of record see sec 6 T the he legislature may change the limits of any judicial district or increase or dec 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 ded in section 3 of this article sec 12 the judges of the su preme 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 section 3 the secretary of 0 f state is directed to submit this proposed amendment to the electors of the state of utah at the n next ext general election in the manner as provided 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 canvassers of the result of the election designated in section 3 hereof I 1 E E monson secretary of state of the state of utah do hereby certify that the fore foregoing loing isa is a full true and correct copy copy of the constitutional amendment proposed by the regular session of the legislature of 1943 as the same appears of record in my office in witness whereof I 1 have hereunto st s t my hand and affixed the great seal of the state of utah this day of august 1944 E E MONSON kecty of state |