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Show CONSTITUTIONAL Ttf- 1 AMENDMENT 11 1 A JOINT RESOLUTION PROPOSING PRO-POSING 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 SUREME AND DISTRICT COURTS, HOW CONSTITUTED, TERMS OF OFFICE, QUALIFICATIONS QUALIFI-CATIONS OF JUDGES, JURISDICTION, JURIS-DICTION, JUDGES PRO TEMPORE. TEM-PORE. CHANGE OF JUDICIAL DISTRICTS BY THE LEGISLATURE, LEGISLA-TURE, SELECTION OF JUDICIARY JUDICI-ARY AND EFFECT ON INCUMBENT INCUM-BENT 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: there-of: 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 constitution, con-stitution, 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 gover-nor shall appoint some fit person to discharge the duties thereof until un-til the next meeting of the senate, when he shall nominate some person per-son to fill such office. If the office of secretary of state, state auditor, state treasurer, attorney-general, or superintendent of public instruction in-struction be vacated by death, resignation re-signation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee ap-pointee shall hold his office until his successor shall be elected and qualified as may be by law provided. pro-vided. 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: Sec. 2. The supreme court shall consist of five judges, which number num-ber may be increased or decreased by the legislature, but no alteration altera-tion or increase shall have the effect ef-fect of removing a judge from office. of-fice. A majority of the judges constituting con-stituting the court shall be necessary neces-sary to form a quorum or render a decision. If a justice of the supreme su-preme 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 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 pre-ceding his selection. The judge having the shortest term to serve, not holding his office by selection selec-tion to fill a vacancy before expiration ex-piration of a regular term, shall be the chief justice, and shall preside pre-side 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 pre-side in his stead. Sec. 3. Judges of the supreme court and district 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 po-litical considerations and free from influence of any person whomsoever, whomso-ever, and provided further that the method of electing such judges in effect when this amendment is adopted shall be followed until changed by law. Sec. 5. The state shall be divided divid-ed into seven judicial districts, for each of which, at least one judge shall be selectee", 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 cases as may be provided by law. Each judge of a district court shall be at leajt twenty-five years of age, an active member of the bar . in good standing, learned in the law, a resident of the state of Utah three years next preceding his selection, se-lection, and shall reside in the district dis-trict for which he shall be selected. Any district judge may hold a district dis-trict court in any county at the request of the judge of the district, and, upon a request of the governor gover-nor it shall be his duty to do so. Any cause in the district court may be tried by a judge pro tempore, tem-pore, 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. The 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, establish-ed, a judge or judges shall be selected as provided in section 3 of this article Sec. 12. The judges of the supreme su-preme and district courts shall receive re-ceive at stated times compensation for their services, which shall not be increased or diminished during the time for which they are selected. se-lected. Section 3. The secretary 0 f state is directed to submit this proposed amendment to the electors elec-tors of the state of Utah at the next general election in the manner man-ner as provided for by article 23, section I, Constitution of Utah. Section 4. If adopted by the electors of the state, this amendment amend-ment shall take effect the first day of January next succeeding a determination by the board of state canvassers of the result of the election elec-tion designated in Section 3 hereof. 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 pro-posed by the regular session of the 25th Legislature of 1943. as the same appears of record in my office. of-fice. In witness whereof. I huve hereunto here-unto stt my hand and affi:.cd the great seal of the State cf Utah, this 10th day of August, 1944. E. E. MONSON, Secty. of State. |