1     
PROPOSAL TO AMEND UTAH CONSTITUTION - JUDGES

2     
OF COURTS NOT OF RECORD

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Craig Hall

6     
Senate Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This joint resolution of the Legislature proposes to amend the Utah Constitution to
11     modify a provision relating to judges of courts not of record.
12     Highlighted Provisions:
13          This resolution proposes to amend the Utah Constitution to:
14          ▸     eliminate a restriction against requiring judges of courts not of record to be admitted
15     to practice law; and
16          ▸     provide for qualifications of judges of courts not of record.
17     Special Clauses:
18          This resolution directs the lieutenant governor to submit this proposal to voters.
19          This resolution provides a contingent effective date of January 1, 2017, for this
20     proposal.
21     Utah Constitution Sections Affected:
22     AMENDS:
23          ARTICLE VIII, SECTION 11
24     

25     Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
26     of the two houses voting in favor thereof:
27          Section 1. It is proposed to amend Utah Constitution, Article VIII, Section 11, to read:
28          Article VIII, Section 11. [Judges of courts not of record.]
29          Judges of courts not of record shall be selected in a manner[,] and for a term[, and with
30     qualifications] provided by statute. [However, no qualification may be imposed which requires
31     judges of courts not of record to be admitted to practice law.] Judges of courts not of record
32     shall be at least 25 years old, United States citizens, Utah residents for three years preceding
33     selection, and admitted to practice law in Utah, and shall have any other qualifications
34     provided by statute. The number of judges of courts not of record shall be provided by statute.
35          Section 2. Submittal to voters.
36          The lieutenant governor is directed to submit this proposed amendment to the voters of
37     the state at the next regular general election in the manner provided by law.
38          Section 3. Contingent effective date.
39          If the amendment proposed by this joint resolution is approved by a majority of those
40     voting on it at the next regular general election, the amendment shall take effect on January 1,
41     2017.




Legislative Review Note
Office of Legislative Research and General Counsel