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Legislative action that proposed this amendment: SJR2 1943 Regular Session
Disposition: This amendment took effect following voter ratification. You may read the resulting 1945 Utah Constitution here.
Amends article 7 section 10; article 8 section 2,3,5,6,12
The governor shall nominate, and by and with the consent of this senate, appoint all state and district officers whose offices are established by this constitution, 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 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 be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same appointment, and the appointee shall hold his office until his successor shall be elected and qualified, as may be by law provided.
The Supreme Court shall consist of five judges, which number may be increased or decreased by the legislature, but no alternation or increase shall have the effect of removing a judge from office. A majority of the judges constituting 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 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 five years preceding his selection. The judge having the shortest term to serve, not holding his office by selection to fill a vacancy before expiration of a regular term, shall be a chief justice, and shall preside at all terms of the supreme court, and in the case of his absence, the judge, having in like manner, the next shortest term, shall preside in his stead.
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 the 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 effect when this amendment is adopted shall be followed until changed by law.
This state shall be divided into seven judicial districts, for each of which, at least one judge shall 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 in venue be taken, in such cases 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 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 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 tempore, who must be a member of the bar, sworn to try the cause, and agreed upon by the parties, or their attorneys on record.
The legislature may change the limits of any judicial district, or increase or decrease the number of districts, or 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.
The judges of the supreme and district courts shall receive at stated times compensating for their services, which shall not be increased or diminished during the time for which they are selected.