Show constitutional AMENDMENT no rio KT I 1 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 61 OF THE constitution OF THE STATE OF UTAH RELATING TO THE SUPREME AND DISTRICT COURTS HOW constituted TERMS OF OFFICE 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 fo follows lows 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 chose ap 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 until the next meeting of the senate when he shall nominate some per son 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 his office until his successor shall be elected and qualified as may be by law provided vid ad 2 section 2 that it is proposed to amend sections 2 3 5 6 and 12 of nf article VIII of the constitution of the state of Ulah uladas jas follows see sec 2 the ithe 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 et el hect of removing a judge from office A mao majority rity of the judges constituting sti the court shall be feces sary to form a quorum or rende 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 hearin hearing of such cause ever every y judge of the supreme court shall be at least thirty 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 live five years next preceding his selection the judge having the shortest term to serve not holding his office by selection to fill a vacancy before ei ex oi ration 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 see sec 3 J judges of the supreme court and district courts shall be selected elected for such terms and in uch manner as shall be provided by law provided however that election shall be based solely upon on of fitness for office without regard to any partisan political considerations and free from nf luence of any person ver and provided further that the method of electing su such ch judges in affect when this arr amendment len dment is adopted adopted id opted shall be followed until changed by law sec 5 the state shall be divided into seven judicial districts fo for r ach of which at least one judge hall be teC as hereinbefore provided ded until otherwise provided by law a district court at the aunt bounty y seat of each county shall oe held at least tour four times a year all civil and criminal business arising in any county must be tied ried in such county unless a hange of venue be taken in such ases 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 earned in the law a resident of the state of utah three yea rs next preceding his se lection action ec tion and shall reside in the dis brict for which hs he shall be selected I 1 kiy kny 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 tem nore who must be a member of he bar sworn to try the cause ind 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 budges 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 elected as provided in section 3 of this article sec 12 the judges of the supreme and district courts shall revive at stated times compensation tor for their services which shall not be increased or diminished during the ame for which they are selected section 3 the secretary of 0 f slate state is directed to submit this proposed amendment to the electors ors of the state of utah at the lext general election in the manner as provided for by article 23 action I 1 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 termination Ie by the board of state canvassers of the result of the election designated in section 3 hereof 1 I E E monson secretary of state of the state of utah do hereby certify that the foregoing is a full true and correct copy of the he constitutional amendment pro cosed 30 sed by the regular session of the at la legislature of 1943 as the I 1 same appears of record gerord in my office in witness whereof I 1 hive hereunto u 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 |