The Lehi banner. [volume] (Lehi, Utah) 1891-1917, 1895-05-09
Article VIII.
JIrDICIAL DEPARTMENT..

JUDICIAL DEPART MEM.
Section 1. The Judicial power of the
State shall be vested In the Senate sit-'
ting as 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
Sec. 2. The Supreme Court shall CON
isist of three judges: but after the year
A. ID. 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
pronounce decision. II Justice OF
the Supreme Court shall be disqualined
from sitting In a cause BEFORE said
court. the remaining judges shall call
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 Judges OF the Su-
preme Court. excepting as In TINS ar
ticle otherwise provided, shall be six
years The Judges of the Supreme
Court. Immediately after the first cleo
ton under this Constitution. shall be
selected by lot so that one shall hold
Office for the term of three years. 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. Su-
preme Court. who. for that purpose,
shall assemble at the seat OF govern
ment; 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 appoint
ment or election to I'LL vacancy, shall
be the Chief Justice. and shall preside
at all terms OF the Supreme Court and
| In case Of his absence, the Judge haV-
ing I'm like manner the next shortest
term. shall preside In his stead.
Sec. 3. 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 Ave years next preceding
his election.
See 4 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 or
the State, upon petition by or on be-
half of any person held In actual Gus
| tody. and may make such writs return
able before himself or the Supreme
Court. or before any District Court or
Judge thereof In the State. In other
cases the Supreme Court snail have APP
pellate Jurisdiction only, and power TO
issue writs necessary and proper for
the exercise of that jurisdiction. The
supreme AbhlA Filhll h'ih ~ h'oRA
terms every year, and shall sit at the
capital of the state.
Sec. s. The state shall be divided In
to 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 AZ the first election shall
serve until the first Monday In jan
uary. A. ID. 1901. and until their sue
cessors shall have qualified. Until 9TH
erwise provided by law, District
Court at the county seat OF each coun-
~ shall be held at least four times
year. All civil and criminal business
arising In any county must be tried In
such county. unless change of venue
be taken. In such cases as may be pro-
vided by law. Each Judge of Dis
trict Court shall be at least 20 years OF
age, member Of the bar, learned in
the law, a resident OF the Territory or
State of Utah three years next proceed
ing his election. and shall reside In the
district for which he shall be elected.
Any District Judge may hold District
Court In any county at the request OF
the Judge OF the district, and upon a
request OF the Governor II shall be his
duty to do so. Any cause In the Dis
trict Court may be tried by 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
OF record.
Sec. g. The Legislature may change
the limits of any judicial district. or
Increase or decrease the number of dis
tricts or Judges thereof No alteration
or increase shall have the effect OF re-
moving 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 section Ave Of this article.
Sec z The District Court shall have
original Jurisdiction In all matters civil
and crhninal not excepted IN this Con-
stitution. 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 Judge thereof shall have
power to issue writs Of habeas corpus
mandamus. Injunction. quo warranto
certiOrari, prohibition and other writs
necessary to carry into effect their or
ders, judgments and DEGREES. and TO
give them general control over infer
Tor courts and tribunals within their
respective Jurisdictions.
Sec, s. The Legislature shall deter
mine the number OF Justices Of the
Peace tn be elected. and shall fix by
law their powers, duties and compensa-