|
|
ARTICLE VIII.
JUDICIAL DEPARTMENT.
|
|
No Section Text |
|
Repealed
(Repealed 7/1/1985)
|
|
SEC. 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 Court as may be established by law.
|
|
SEC. 1. [Judicial powers, how vested..]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 1. [Judicial power Courts.] The judicial power of the state shall be vested in a supreme
court, in a trial court of general jurisdiction known as the district court, and in such other courts
as the legislature by statute may establish. The supreme court, the district court, and such other
courts designated by statute shall be courts of record. Courts not of record may also be
established by statute.
(Amended 7/1/1985)
|
|
SEC. 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 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. 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
Supreme Court, excepting as in this article otherwise provided, shall be six years. The Judges of
the Supreme Court, immediately after the first election 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 Supreme Court,
who, for that purpose, shall 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.
|
|
SEC. 2. [Supreme Court Chief justice Declaring law unconstitutional Justice unable to
participate.]
The supreme court shall consist of five judges, which number may be increased or decreased by
the legislature, but no alteration 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 the five years
next 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 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.
(Amended 1/1/1945)
|
|
SEC. 2. [Supreme court, how constituted. Quorum. Qualifications of judges. Chief justice.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 2. [Supreme Court Chief justice Declaring law unconstitutional Justice unable to
participate.] The supreme court shall be the highest court and shall consist of at least five
justices. The number of justices may be changed by statute, but no change shall have the effect
of removing a justice from office. A chief justice shall be selected from among the justices of the
supreme court as provided by statute. The chief justice may resign as chief justice without
resigning from the supreme court. The supreme court by rule may sit and render final judgment
either en banc or in divisions. The court shall not declare any law unconstitutional under this
constitution or the Constitution of the United States, except on the concurrence of a majority of
all justices of the supreme court. If a justice of the supreme court is disqualified or otherwise
unable to participate in a cause before the court, the chief justice, or in the event the chief justice
is disqualified or unable to participate, the remaining justices, shall call an active judge from an
appellate court or the district court to participated in the cause.
(Amended 7/1/1985)
|
|
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 five years next preceding his election.
|
|
SEC. 3. [Jurisdiction of supreme court.] 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 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.
(Amended 1/1/1945)
|
|
SEC. 3. [Selection of judges. Method. Basis of selection.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 3. [Jurisdiction of supreme court.] The supreme court shall have original jurisdiction to
issue all extraordinary writs and to answer questions of state law certified by a court of the
United States. The supreme court shall have appellate jurisdiction over all other matters to be
exercised as provided by statute, and power to issue all writs and orders necessary for the
exercise of the supreme court's jurisdiction or the complete determination of any cause.
(Amended 7/1/1985)
|
|
SEC. 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 of the State, upon petition by or on behalf of any person
held in actual custody, and may make such writs returnable before himself or the Supreme Court,
or before any District Court or Judge thereof in the State. In other cases the Supreme Court shall
have appellate jurisdiction only, and power to issue writs necessary and proper for the exercise of
that jurisdiction. The Supreme Court shall hold at least three terms every year, and shall sit at the
capital of the State.
|
|
SEC. 4. [Id. Jurisdiction. Terms.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 4. [Rulemaking power of supreme court Judges pro tempore Regulation of practice of
law.] The supreme court shall adopt rules of procedure and evidence to be used in the courts of
the state and shall by rule manage the appellate process. Except as otherwise provided by this
constitution, the supreme court by rule may authorize retired justices and judges and judges pro
tempore to perform any judicial duties. Judges pro tempore shall be citizens of the United States,
Utah residents, and admitted to practice law in Utah. The supreme court by rule shall govern the
practice of law, including admission to practice law and the conduct and discipline of persons
admitted to practice law.
(Amended 7/1/1985)
|
|
SEC. 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. Except that the District Judges elected at the first
election shall serve until the first Monday in January A. D. 1901, and until their successors shall
have qualified. 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
country, must be tried in such county, unless a change of 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, a
member of the bar, learned in the law, a resident of the Territory or State of Utah three years next
preceding his election, 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, sworn to try the cause, and
agreed upon by the parties, or their attorneys of record.
|
|
SEC. 5. [Jurisdiction of district court and other courts Right of appeal]. The state shall be
divided into seven judicial districts, for each of which, at least one judge shall be selected as
herinbefore 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 of 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 of record.
(Amended 1/1/1945)
|
|
SEC. 5. [District courts, how constituted. Terms. Jurisdiction. Judge pro tempore.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 5. [Jurisdiction of district court and other courts Right of appeal.] The district court shall
have original jurisdiction in all matters except as limited by this constitution or by statute, and
power to issue all extraordinary writs. Te district court shall have appellate jurisdiction as
provided by statute. The jurisdiction of all other courts, both original and appellate, shall be
provided by statute. Except for matters filled originally with the supreme court, there shall be in
all cases an appeal or right from the court of original jurisdiction to a court with appellate
jurisdiction over the cause.
(Amended 7/1/1985)
|
|
SEC. 6. 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 elected by
the electors thereof, and his term of office shall continue as provided in section five of this
article.
|
|
SEC. 6. [Number of judges of district court and other courts Divisions.] 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 or judges shall be selected as provided in section
3 of this article.
(Amended 1/1/1945)
|
|
SEC. 6. [Judicial districts. Power of legislature with respect to.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 6. [Number of judges of district court and other courts Divisions.] The number of judges
of the district court and of other courts of record established by the legislature shall be provided
by statute. No change in the number of judges shall have the effect of removing a judge from
office during a judge's term of office. Geographic divisions for all courts of record except the
supreme court may be provided by statute. No change in divisions shall have the effect of
removing a judge from office during a judge's term of office. The number of judges of courts
not of record shall be provided by statute.
(Amended 7/1/1985)
|
|
SEC. 7. 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 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 orders, judgments, and
decrees, and to give them a general control over inferior courts and tribunals within their
respective jurisdictions.
|
|
SEC. 7. [Jurisdiction of district courts.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 7. [Qualifications of justices and judges.] Supreme court justices shall be at least 30 years
old, United States citizens, Utah residents for five years preceding selection, and admitted to
practice law in Utah. Judges of other courts of record shall be at least 25 years old, United States
citizens, Utah residents for three years preceding selection, and admitted to practice law in Utah.
If geographic divisions are provided for any court, judges of that court shall reside in the
geographic division for which they are selected.
(Amended 7/1/1985)
|
|
SEC. 8. 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.
|
|
SEC. 8. [Justices of the peace. Jurisdiction.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 8. [Vacancies Nominating commissions Senate approval.] When a vacancy occurs in a
court of record, the governor shall fill the vacancy by appointment from a list of at least three
nominees certified to the governor by the judicial nominating commission having authority over
the vacancy. The governor shall fill the vacancy within 30 days after receiving the list of
nominees. If the governor fails to fill the vacancy within the time prescribed, the chief justice of
the supreme court shall within 20 days make the appointment from the list of nominees. The
legislature by statute shall provide for the nominating commissions composition and procedures.
No member of the legislature may serve as a member of, nor may the legislature appoint
members to any judicial nominating commission. The senate shall consider and render a
decision on each judicial appointment within 30 days of the date of appointment. If necessary,
the senate shall convene itself in extraordinary session for the purpose of considering judicial
appointments. The appointment shall be effective unless rejected by a majority vote of all
members of the senate. If the senate rejects the appointment, the office shall be considered
vacant and a new nominating process shall commence. Selection of judges shall be based solely
upon consideration of fitness for office without regard to any partisan political considerations.
(Amended 7/1/1985)
|
|
SEC. 8. [Vacancies Nominating commissions Senate approval.] (1) When a vacancy occurs in
a court of record, the governor shall fill the vacancy by appointment from a list of at least three
nominees certified to the governor by the Judicial Nominating Commission having authority over
the vacancy. The governor shall fill the vacancy within 30 days after receiving the list of
nominees. If the governor fails to fill the vacancy within the time prescribed, the chief justice of
the Supreme Court shall within 20 days make the appointment from the list of the nominees. (2)
The Legislature by statute shall provide for the nominating commissions' composition and
procedures. No member of the Legislature may serve as a member of, nor may the Legislature
appoint members to, any Judicial Nominating Commission. (3) The Senate shall consider and
render a decision on each judicial appointment within 60 days of the date of appointment. If
necessary, the Senate shall convene itself in extraordinary session for the purpose of considering
judicial appointments. The appointment shall be effective upon approval of a majority of all
members of the Senate. If the Senate fails to approve the appointment, the office shall be
considered vacant and a new nominating process shall commence. (4) Selection of judges shall
be based solely upon consideration of fitness for office without regard to any partisan political
consideration.
(Amended 1/1/1993)
|
|
SEC. 9. 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 and fact; in cases at law the appeal shall be on questions of law alone. Appeals shall also lie
from the final orders and decrees of the Court tin the administration of decedent estates, and in
cases of guardianship, as shall be provided by law. Appeals shall also lie from the final judgment
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.
|
|
SEC. 9. [Appeals from district courts. From justices' courts.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 9. [Judicial retention elections.] Each judicial appointee of a court of record shall be
subject to an unopposed retention election at the first general election held more than three years
after appointment. Following initial voter approval, each supreme court justice every tenth year,
and each judge of other courts of record every sixth year, shall be subject to an unopposed
retention election at the corresponding general election. Judicial retention elections shall be held
on a nonpartisan ballot in a manner provided by statute. If geographic divisions are provided for
any court of record, the judges of those courts shall stand for retention election only in the
geographic division to which they are selected.
(Amended 7/1/1985)
|
|
SEC. 10. 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 where the attorney for any county, or for the State, fails or refuses to attend and prosecute
according to law, the court shall have power to appoint an attorney pro tempore.
|
|
SEC. 10. [County attorneys. Election, term, appointment pro tempore.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 10. [Restrictions on justices and judges.] Supreme court justices, district court judges, and
judges of all other courts of record while holding office may not practice law, hold any elective
nonjudicial public office, or hold office in a political party.
(Amended 7/1/1985)
|
|
SEC. 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 such vote. The vote shall be determined by yeas and nays, and the names
of the members voting for or against a judge, together with the cause or causes of removal, shall
be entered on the journal of each house. The judge 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 on which either house of the Legislature shall act
thereon.
|
|
SEC. 11. [Removal of judges from office.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 11. [Judges of courts not of record.] Judges of courts not of record shall be selected in a
manner, for a term, and with qualifications provided by statute. However, no qualification may
be imposed which requires judges of courts not of record to be admitted to practice law. The
number of judges of courts not of record shall be provided by statute.
|
|
SEC. 12. 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.
|
|
SEC. 12. [Compensation of justices and judges.] The judges of the Supreme and District Courts
shall receive at stated times compensation for their services, which shall not diminished during
the time for which they are selected.
(Amended 1/1/1945)
|
|
SEC. 12 [Salaries of Judges of the Supreme and District Courts.] The Judges of the Supreme
and District Courts shall receive at stated times compensation for their services, which shall not
be diminished during the term for which they are selected.
(Amended 1/1/1947)
|
|
SEC. 12. [Diminution of judges' salaries forbidden.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 12. [Judicial Council. Chief justice as administrative officer.] A Judicial Council is
established, which shall adopt rules for the administration of the courts of the state. The Judicial
Council shall consist of the chief justice of the supreme court, as presiding officer, and such other
justices, judges, and other persons as provided by statute. There shall be at least one
representative on the Judicial Council from each court established by the constitution or by
statute. The chief justice of the supreme court shall be the chief administrative officer for the
courts and shall implement the rules adopted by the Judicial Council.
(Amended 7/1/1985)
|
|
SEC. 12. [Judicial Council Chief justice as administrative officer Legal counsel.] (1) There is
created a Judicial Council which shall adopt rules for the administration of the courts of the state.
(2) The Judicial Council shall consist of the chief justice of the Supreme Court, as presiding
officer and other justices, judges, and other persons as provided by statute. There shall be at least
one representative on the Judicial Council from each court established by the Constitution or by
statute. (3) The chief justice of the Supreme Court shall be the chief administrative officer for
the courts and shall implement the rules adopted by the Judicial Council. (4) The Judicial
Council may appoint legal counsel which shall provide all legal services for the Judicial
Department unless otherwise provided by statute.
(Amended 1/1/1993)
|
|
SEC. 13. 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, or in
the trail of which he may have presided in any inferior court.
|
|
SEC. 13. [Disqualification of judges.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 13. [Judicial Conduct Commission.] A Judicial Conduct Commission is established, which
shall investigate complaints against any justice or judge and conduct confidential hearings
concerning the removal or involuntary retirement of a justice or judge. The legislature by statute
shall provide for the composition and procedures of the Judicial Conduct Commission. On
recommendation of the Judicial Conduct Commission, the supreme court, after a hearing, may
censure, remove, or retire a justice or judge for action which constitutes willful misconduct in
office, willful and persistent failure to perform judicial duties, disability that seriously interferes
with the performance of judicial duties, or conduct prejudicial to the administration of justice
which brings a judicial office into disrepute. The power of removal conferred by this section is
alternative to the power of impeachment.
(Amended 7/1/1985)
|
|
SEC. 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 District Courts in and for their respective counties, and shall perform such
other duties as may be provided by law.
|
|
SEC. 14. [Clerks of courts. Reporter.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 14. [Compensation of justices and judges.] The legislature may provide standards for the
mandatory retirement of justices and judges from office.
(Amended 7/1/1985)
|
|
SEC. 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.
|
|
SEC. 15. [Judges shall not appoint relatives to office.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 15. [Mandatory retirement.] The legislature shall provide for a system of public
prosecutors who shall have primary responsibility for the prosecution of criminal actions brought
in the name of the State of Utah and shall perform such other duties as may be provided by
statute. Public prosecutors shall be selected in a manner provided by statute and shall be
admitted to practice law in Utah. If a public prosecutor fails or refuses to prosecute, the supreme
court shall have power to appoint a prosecutor pro tempore.
(Amended 7/1/1985)
|
|
SEC. 16. 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 Tooele, in which there shall be
elected three district judges.
Fourth District: The Counties of Utah, Wasatch, and Uintah.
Fifth District: The Counties of Juab, Millard, Beaver, Iron Washington.
Sixth District: The Counties of Sevier, Plute, Wayne, Garfield and Kane.
Seventh District: The Counties of Sanpete, Carbon, Emery, Grand and San Juan.
|
|
SEC. 16. [Judicial districts, how constituted.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 16. [Public prosecutors.] The legislature shall provide for a system of public prosecutors
who shall have primary responsibility for the prosecution of criminal actions brought in the name
of the State of Utah and shall perform such other duties as may be provided by statute. Public
prosecutors shall be selected in a manner provided by statute and shall be admitted to practice
law in Utah. If a public prosecutor fails or refuses to prosecute, the supreme court shall have
power to appoint a prosecutor pro tempore.
|
|
SEC. 17. The Supreme and District Courts shall be courts of record, and each shall have a seal.
|
|
SEC. 17. [Courts of record.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 18. 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.
|
|
SEC. 18. [Style of process: "The State of Utah."]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 19. There shall be but one form of civil action, and law and equity may be administered in
the same action.
|
|
SEC. 19. [But one form of civil action.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 20. Until otherwise provided 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.
|
|
SEC. 20. [Salary of judges.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 21. 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.
|
|
SEC. 21. [Judges to be conservators of peace.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 22. 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.
|
|
SEC. 22. [Judges to report defects in law.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 23. The Legislature may provide for the publication of decisions and opinions of the
Supreme Court, but all decisions shall be free to publishers.
|
|
SEC. 23. [Publication of decisions.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 24. The terms of office at Supreme and District Judges may be extended by law, but such
extension shall not affect the term for which any judge was elected.
|
|
SEC. 24. [Effect of extending judges' terms.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 25. 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
dissenting therefrom, may give the reasons of his dissent in writing over his signature.
|
|
SEC. 25. [Decisions of Supreme Court to be in writing.]
Repealed
(Repealed 7/1/1985)
|
|
SEC. 26. 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.
|
|
SEC. 26. [Court to prepare syllabus.]
(Repealed 7/1/1985)
|
|
SEC. 27. 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
therefor shall exist.
|
|
SEC. 27. [Judge forfeits office by absence.]
Repealed
(Repealed 7/1/1985)
|
|
No Section Text |
|
SEC. 28. [Mandatory retirement of judges from office.] The Legislature may provide uniform
standards for mandatory retirement and for removal of judges from office. Legislation
implementing this section shall be applicable only to conduct occurring subsequent to the
effective date of such legislation. Any determination requiring the retirement or removal of a
judge from office shall be subject to review, as to both law and facts, by the Supreme Court.
This section is additional to, and cumulative with, the methods of removal of justices and judges
provided in Sections 11 and 27 of this article.
(Amended 1/1/1969)
|
|
SEC. 28. [Mandatory retirement and removal of judges from office.]
Repealed
(Repealed 7/1/1985)
|
