Show constitutional AMENDMENT no M I 1 1 A 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 or OF OFFICE qualifications OF JUDGES jurisdiction JUDGES PRO TEMPORE CHANGE OF JUDICIAL DISTRICTS BY THE legislature SELECTION OF JUDICIARY AND EFFECT ON INCUMBENT JUDGES de 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 0 f 1 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 bomin nominate ate 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 bylaw 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 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 shair 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 of article VIII of the constitution of the state of utah as follows see sec 2 the supreme court shall consist t of five judson ber may be increased or decreased by the legislature but r no io alteration or increase shall have the effect 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 render 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 an the hearing of such cause every judg judge le of the supreme court shall bo be at least thirty years of age an active member of the bar in good standing learned in tha the law and a resident of the state ot of utah for the five years next preceding his selection the judge havin having the shortest term to serve e not holding his office by selection dign to fill a vacancy before ex oi Di 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 S shall hall preside in his stead see sec 3 judges of the supreme court and district courts shall be selected for such terms and in auch uch manner as shall be provided by law provided however that election shall be based solely upon consideration of fitness for office without regard to any partisan political considerations and tree free from nf luence of any person whomsoever and anc provided further that the method of electing such judges in affect when this amendment is is idoa adopted ted shall be followed until changed by law see sec 5 the state shall be divided d into sever seven judicial districts for ach of which at least one judge hall be as hereinbefore provided until otherwise provided by law a district court at the county seat of each county shall oe held at least four times a year am 1 l civil and criminal business arising in any county must be ried in such county unless a hange 0 of f venue be taken in such ases as may be provided by law each judge of a district court shall be at least twenty fial years of age an active member of the bar in 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 dis brict for which tie be sheeted any ay district judge nay may hold a district court in any county at the request of the judge of the district and upon a reimt 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 tem ocre who must be a member of the he bar sworn to try the cause and agreed upon udon by the parties or their attorneys of record sec 6 T the he 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 burts shall receive at stated times compensation for their services which shall not be increased increase dor or diminished during the time for which they are selected section 3 the secretary of 0 f state is directed to submit this oro proposed posed amendment to the electors ors of the state of utah at the lext ext general election in the man iler 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 can canvassers canvassed vasse rs 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 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 att my hand and affixed the great seal of the state of utah this day of august 1944 E E MONSON se kecty acty of state |