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Utah Constitution, Article VIII

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Utah/Constitution

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Article VIII, JUDICIAL DEPARTMENT

27 sections · 0 paragraphs in this article.

All articles217 Art. I27 Art. II1 Art. III0 Art. IV10 Art. V1 Art. VI31 Art. VII23 Art. VIII27 Art. IX3 Art. X13 Art. XI6 Art. XII19 Art. XIII12 Art. XIV7 Art. XV2 Art. XVI7 Art. XVII1 Art. XVIII1 Art. XIX2 Art. XX1 Art. XXI2 Art. XXII2 Art. XXIII3 Art. XXIV16

27 provisions·Filtered byArt. VIII✕

Utah Const. art. VIII, § 1 Judicial powers, how vested
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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 Court as may be established by law
Utah Const. art. VIII, § 2 Supreme court, how constituted. Terms
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The Supreme Court shall consist of three judges; but after the year AD 1905, the Legislature may increase the number thereof to five. 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 …
Utah Const. art. VIII, § 3 Id. Qualification of judges
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Every Judge of the Supreme Court shall be at least thirty years of age, and, before his election, shall 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
Utah Const. art. VIII, § 4 Id. Jurisdiction. Terms
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The Supreme Court shall have original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas 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 behalf of any person hel…

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Utah Const. art. VIII, § 5 District courts, how constituted. Terms. Jurisdiction. Judge pro tempore

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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. Except that the District Judges elected at …

Utah Const. art. VIII, § 6 Id. Legislature may change districts

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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, a judge shall be elec…

Utah Const. art. VIII, § 7 Jurisdiction of district courts

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The District Court shall have original jurisdiction in all matters civil and criminal, not excepted in this Constitution, and not prohibited by law; appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. The District Courts or any ju…

Utah Const. art. VIII, § 8 Justices of the peace. Jurisdiction, etc

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The Legislature shall determine the number of justices of the peace to be elected, and shall fix by law their powers, duties and compensation. The jurisdiction of justices of the peace shall be as now provided by law, but the Legislature may restrict the same.

Utah Const. art. VIII, § 9 Appeals from district court: record, etc. From justices' courts

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From all final judgments of the district courts, there shall be a right of appeal to the Supreme Court. The appeal shall be upon the record made in the court below, and under such regulations as may be provided by law. In equity cases the appeal may be on questions of both law an…

Utah Const. art. VIII, § 10 County attorneys. Election, term, etc

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A County Attorney shall be elected by the qualified voters of each county who shall hold his office for a 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 …

Utah Const. art. VIII, § 11 Removal of judges from office

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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 such vote. The vote shall be determined by yeas and nays, and the names of the memb…

Utah Const. art. VIII, § 12 Judges' salaries to remain fixed

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The Judges of the Supreme and District Courts shall receive at stated times compensation for their services, which shall not be increased or diminished during the time for which they are elected.

Utah Const. art. VIII, § 13 Disqualification of judges

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Except by consent of all the parties, no judge of the supreme or inferior courts shall preside in 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…

Utah Const. art. VIII, § 14 Clerks of courts. Reporter

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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 District Courts in and for their respective counties, and shall perfo…

Utah Const. art. VIII, § 15 Judges shall not appoint relatives to office

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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.

Utah Const. art. VIII, § 16 Judicial districts, how constituted

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Until otherwise provided by law, the Judicial Districts of the State shall be constituted as follows: First District:--The Counties of Cache, Box Elder and Rich. Second District:--The Counties of Weber, Morgan and Davis. Third District:--The Counties of Summit, Salt Lake and Tooe…

Utah Const. art. VIII, § 17 Courts of record

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The Supreme Court and District Courts shall be courts of record, and each shall have a seal.

Utah Const. art. VIII, § 18 Style of process: "The State of Utah."

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The style of all process shall be, "The State of Utah," and all prosecutions shall be conducted in the name and by the authority of the same

Utah Const. art. VIII, § 19 But one form of civil action

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

Utah Const. art. VIII, § 20 Salary of judges

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

Utah Const. art. VIII, § 21 Judges to be conservators of peace

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Judges of the Supreme Court, District Courts, and justices of the peace, shall be conservators of the peace, and may hold preliminary examinations in cases of felony.

Utah Const. art. VIII, § 22 Judges to report defects in laws

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District Judges may, at any time, report defects and omissions in the law to the Supreme Court, and the Supreme Court, on or before the first day of December of each year, shall report in writing to the Governor any seeming defect or omission in the law.

Utah Const. art. VIII, § 23 Publication of decisions

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The Legislature may provide for the publication of decisions and opinions of the Supreme Court, but all decisions shall be free to publishers

Utah Const. art. VIII, § 24 Effect of extending judges' terms

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The terms of office of Supreme and District Judges may be extended by law, but such extension shall not affect the term for which any judge was elected.

Utah Const. art. VIII, § 25 Decisions of Supreme Court to be in writing

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When a judgment or decree is reversed, modified or affirmed by the Supreme Court, the reasons therefor shall be stated concisely 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 …

Utah Const. art. VIII, § 26 Id. Court to prepare syllabus

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It shall be the duty of the court to prepare a syllabus of all 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 reports of the case.

Utah Const. art. VIII, § 27 Judge forfeits office by absence

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Any judicial officer who shall absent himself from the State or district for more than ninety consecutive days, shall be deemed to have forfeited his office: Provided, That in case of extreme necessity, the Governor may extend the leave of absence to such time as the necessity th…