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  1. Overview: Utah State Constitutional Convention 1895 (2020 Edition)
  2. Full Record: Utah State Constitutional Convention 1895 (2020 Edition)
  3. Committee:Committee of the Whole
  4. Session: 1895-04-22 09:40:00
  5. Event type: CREATE

Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

Committee of the Whole

The Committee of the Whole was created with the permanent adoption of rule five in the Standing Rules of the Convention of the State of Utah.

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Document introduced in:

Session 7666: 1895-04-22 09:40:00

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Article on Judiciary [Article No. 18.2]

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There is 1 proposed amendment related to this document on which a decision has not been taken.

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.

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.

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Section 21.

Section 22.

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Section 24.

Section 25. 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 26.

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