Judicial Department

Section 1. The judicial power of the State shall be vested in the senate sitting as a court of impeachment, in a supreme court, in district courts, in justices of the peace, and such other courts inferior to the supreme courts as may be established by law.

Section 2. The Supreme Court shall consist of three judges; but after the year A.D. 1905 the legislature may increase the number thereof to five. A majority of the judges constituting the court shall be necessary to make a quorum or pronounce a decision. If for any cause 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. The judges of the supreme court shall be elected by the electors of the state at large. The term of office of the judge of the supreme court, excepting as in this article otherwise provided, shall be six years. The judges of the supreme court, shall immediately after the first election under this constitution be selected by lot, so that one shall hold his office for the term of three years, and one for the term of five years, and one for the term of seven years. The lots shall be drawn by the judges of the supreme court, who shall for that purpose assemble at the seat of government and they shall cause the result thereof to be certified by the Secretary of State and filed in his office. The judge having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, 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.

Section 3. Every judge of the supreme court shall be at least thirty years of age and shall, before his election, be a member of the bar, learned in the law and a resident of the Territory or State of Utah for five years next preceding his election.

Section 4. The supreme court shall have original jurisdiction to insue writs of mandamus, certiorari, prohibition, quo warranto, and habeus corpus. Each of the justices shall have power to issue writs of habeas corpus to any part of the State upon petition by or on the part of anybody held in actual custody, and may make such writs returnable before himself, or the supreme court, or before any district court or judge in the State. In other cases it shall have apellato jurisdiction only and power to issue writs necessary and proper for the exercise of that jurisdiction. The supreme court shall hold at least three times every year and shall sit at the Capital of the State.

Section 5. The State shall be divided into seven judicial districts, for each of which at least one and not exceeding three judges shall be chosen by the qualified electors thereof. The term of office of the district judges shall be four years. There shall be held a district court in each county at least four times a year at the county seat thereof. Each judge of the district court shall be at least thirty years of age, a member of the bar, learned in the law, a resident of the State three years and shall reside in the district for which he shall be elected. 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, agreed upon by the parties or their attorneys of record, and who shall be sworn to try a cause.

Section 6. The legislature may alter 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 to remove a judge from office. In every additional district established, a judge shall be elected by the electors thereof and his term of office shall continue as provided in the preceding section.

Section 7. The district court shall have original jurisdiction in all matters civil and original, not excepted in this constitution and not prohibited by law: and appellate jurisdiction from all inferior courts and tribunals and a supervisory control of the same. The district courts and any judges thereof shall have power to issue writs of habeus corpus, mandamus, i junction, quo warranto, certiorari, prohibition and other writs necessary to carry into effect their orders, judgments and decrees, and give them a general control over inferior courts and tribunals within their respective jurisdictions.

Section 8. The Legislature shall determine the number of justices of the peace to be elected in each precinct, city and incorporated town in the State, and fix by law their powers, duties and compensation. The jurisdiction of Justices of the Peace shall be as nowprovided by law, but the legislature may restrict the same.

Section 9. From all final judgments of the district courts there shall be a right of appeal to the supreme court. An appeal shall also lie from the final orders and decrees of the court in the administration of decedent estates and in cases of guardianship as shall be provided by law. And also appeals shall lie from the final judgments of justices of the peace in civil and criminal cases to the district courts on both questions of law and fact, with such limitations and restrictions as shall be provided by law, and the decision of the district courts on such appeals shall be final, except in cases involving the validity or constitutionality of a statute.

Section 10. A County Attorney shall be elected by the qualified voters of each county who shall hold his office for the term of two years. The powers and duties of county attorneys and such other attorneys for the State as the legislature may provide, shall be prescribed by law. In all cases where the attorney for any county or for the State fails or refuses to attend and prosecute according to law, the court shall have the power to appoint an attorney pro tempore.

Section 11. Judges may be removed from office by the concurrent vote of both houses of the legislature, each voting separately; but two-thirds of the members to which each house may be entitled must concur in sich vote. The vote shall be determined by ayes and noes, and the names of the members voting for or against a judge [several words were blacked out here], together with the cause or causes of removal, shall be entered on the jornal of each house. The judge [several words were blacked out here] against whom the house may be about to proceed shall receive notice thereof accompanied with a copy of the cause alleged for his removal at least ten days before the day of which either house of the legislature shall act thereupon.

Section 12. The judged of the supreme and district courts shall receive at stated times a compensation for their services, which shall not be increased or diminished during the time for which they are elected.

Section 13. No judge of the supreme or inferior courts shall preside on the trial of any cause where either of the parties shall be connected with him by affinity or consanguinity within the degree of first cousin or in which he may have been of counsel or at the trial of which he may have presided in any inferior court, except by consent of all the parties.

Section 14. The supreme court shall appoint a clerk and a reporter of its decisions who shall hold their offices during the pleasure of the court. Until otherwise provided, County clerks shall be ex officio clerks of the of the district courts in and for their respective counties and shall perform such other duties as may be prescribed by law.

Section 15. No person related to any judge of any court by affinity or consanguinity within the degree of first cousin shall be appointed by such court or judge to or employed by such court or judge in any office or duty in any court of which such judge may be a member.

Section 16. Until otherwise provided by law, the judicial districts of the State shall be constituted as follows:

First District, Counties of Cache, Box Elder and Rich.

Second District. Counties of Weber, Morgan and Davis.

Third District. Counties of Summit, Salt Lake and Tooele in which there shall be elected three district judges.

Fourth District. Counties of Utah, Wasatch and Uintah.

Fifth District. Counties of Juab, Millar, Beaver, Iron and Washington.

Sixth District. Counties of Sevier, Piute, Wayme, Garfield, and Kane.

Seventh District/ Counties of Sanpete, Carbon, Emery, Grand and San Juan.

Section 17. The supreme and district courts shall be courts of record, and each shall have a seal.

Section 18. They style of all process shall be “State of Utah” and all prosecutions shall be conducted in the name and by the authority of the same.

Section 19. There shall be but one form of civil action, and law and equity may be administered in the same action.

Section 20. Until otherwise provided by law, salaries of the supreme and district judges shall be three thousand dollars per annum, payable quarterly, and mileage to be paid out of the State treasury.

Section 21. Judges of the supreme court, district court, and justices of the peace shall be conservators of the peace and may hold preliminary examinations in cases of felony.

Section 22.

Section 23. The legislature may provide for the publication of decisions and opinions of the supreme court, but all decision shall be free to publishers.

Section 24. The term of office of supreme and district judges may be extended by law, but such extension shall not effect the term for which any judge was elected.

Section 25. When a judgment or decree is reversed, modified or affirmed by the supreme court, every point fairly arising upon the record of the case shall be considered and decided and the reasons therefor shall be concisely stated in writing, signed by the judges concurring, filed in the office of the clerk of the supreme court and preserved with a record of the case. Any judge dissenting therefrom, may give the reasons of his dissent in writing over his signature.

Section 26. It shall be the duty of the Court to prepare a syllabus of the points adjudicated in each case, which shall be concurred in by a majority of the judges thereof, and it shall be prefixed to the published reportr of the case.

Section 27. The Legislature shall have no power to grant leave of absence to a judicial officer, and any such officer who shall absent himself from the State for more than ninety consecutive days shall be deemed to have vacated his office.

• Article on Judiciary [Article No. 18.2] (introduced on 1895-04-25 09:00:00 - CREATE_FROM - e695380) [This document]

• Article on Judiciary [Article No. 18.2] (introduced on 1895-04-25 09:00:00 - CREATE_FROM - e695380) [This document] [view current proposal at this moment]