Utah State Constitution Utah Constitutional Revision Commission, 1991 Preamble Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principle of free government, do ordain and establish this CONSTITUTION. ARTICLE I. DECLARATION OF RIGHTS Sec. 1. [Inherent and Inalienable Rights.] All men have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right. 1896 Sec. 2. [All political power inherent in the people.] All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require. 1896 Sec. 3. [Utah inseparable from the Union.] The State of Utah is an inseparable part of the Federal Union and the Constitution of the United States is the supreme law of the land. 1896 Sec. 4. [Religious liberty -- No property qualification to vote or hold office.] The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. No property qualification shall be required of any person to vote, or hold office, except as provided in this Constitution. 1896 Sec. 5. [Habeus corpus.] The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it. 1896 Sec. 6. [Right to bear arms.] The individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the legislature from defining the lawful use of arms. January 1, 1985 Sec. 7. [Due process of law.] No person shall be deprived of life, liberty or property, without due process of law. 1896 Sec. 8. [Offenses bailable.] (1) All persons charged with a crime shall be bailable except: (a) persons charged with a capital offense when there is substantial evidence to support the charge; or (b) persons charged with a felony while on probation or parole, or while free on bail awaiting trial on a previous felony charge, when there is substantial evidence to support the new felony charge; or (c) persons charged with any other crime, designated by statute as one for which bail may be denied, if there is substantial evidence to support the charge and the court finds by clear and convincing evidence that the person would constitute a substantial danger to any other person or to the community or is likely to flee the jurisdiction of the court if released on bail. (2) Persons convicted of a crime are bailable pending appeal only as prescribed by law. January 1, 1973 January 1, 1989 Sec. 9. [Excessive bail and fines -- Cruel punishments.] Excessive bail shall not be required; excessive fines shall not be imposed; nor shall cruel and unusual punishments be inflicted. Persons arrested or imprisoned shall not be treated with unnecessary rigor. 1896 Sec. 10. [Trial by jury.] In capital cases the right of trial by jury shall remain inviolate. In courts of general jurisdiction, except in capital cases, a jury shall consist of eight jurors. In courts of inferior jurisdiction a jury shall consisting of four jurors. In criminal cases the verdict shall be unanimous. In civil cases three-fourths of the jurors may find a verdict. A jury in civil cases shall be waived unless demanded. 1896 Sec. 11. [Courts open -- Redress of injuries.] All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, which shall be administered without denial or unnecessary delay; and no person shall be barred from prosecuting or defending before any tribunal in this State, by himself or counsel, any civil cause to which he is a party. 1896 Sec. 12. [Rights of accused persons.] In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself; a wife shall not be compelled to testify against her husband, nor a husband against his wife, nor shall any person be twice put in jeopardy for the same offense. 1896 Sec. 13. [Prosecution by information or indictment -- Grand jury.] Offenses heretofore required to be prosecuted by indictment, shall be prosecuted by information after examination and commitment by a magistrate, unless the examination be waived by the accused with the consent of the State, or by indictment, with or without such examination and commitment. The formation of the grand jury and the powers and duties thereof shall be as prescribed by the Legislature. January 1, 1949 Sec. 14. [Unreasonable searches forbidden -- Issuance of warrant.] The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, particularly describing the place to be searched, and the person or thing to be seized. 1896 Sec. 15. [Freedom of speech and of the press -- Libel.] No law shall be passed to abridge or restrain the freedom of speech or of the press. In all criminal prosecutions for libel the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. 1896 Sec. 16. [No imprisonment for debt -- Exception.] There shall be no imprisonment for debt except in cases of absconding debtors. 1896 Sec. 17. [Elections to be free -- Soldiers voting.] All elections shall be free, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Soldiers, in time of war, may vote at their post of duty, in or out of the State, under regulations to be prescribed by law. 1896 Sec. 18. [Attainder -- Ex post facto laws -- Impairing contracts.] No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be passed. 1896 Sec. 19. [Treason defined -- Proof.] Treason against the State shall consist only in levying war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act. 1896 Sec. 20. [Military subordinate to the civil power.] The military shall be in strict subordination to the civil power, and no soldier in time of peace, shall be quartered in any house without the consent of the owner, nor in time of war except in a manner to be prescribed by law. 1896 Sec. 21. [Slavery forbidden.] Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within this State. 1896 Sec. 22. [Private property for public use.] Private property shall not be taken or damaged for public use without just compensation. 1896 Sec. 23. [Irrevocable franchises forbidden.] No law shall be passed granting irrevocably any franchise, privilege or immunity. 1896 Sec. 24. [Uniform operation of laws.] All laws of a general nature shall have uniform operation. 1896 Sec. 25. [Rights retained by people.] This enumeration of rights shall not be construed to impair or deny others retained by the people. 1896 Sec. 26. [Provisions mandatory and prohibitory.] The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise. 1896 Sec. 27. [Fundamental rights.] Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government. 1896 ARTICLE II. STATE BOUNDARIES Sec. 1. [State boundaries.] The boundaries of The State of Utah shall be as follows: Beginning at a point formed by the intersection of the thirty-second degree of longitude west from Washington, with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the intersection of the same with the thirty-seventh degree of longitude west from Washington; thence due north along said thirty-seventh degree of west longitude to the intersection of the same with the forty-second degree of north latitude; thence due east along said forty-second degree of north latitude to the intersection of the same with the thirty fourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of west longitude to the intersection of the same with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to the intersection of the same with the thirty-second degree of longitude west from Washington; thence due south along said thirty-second degree of west longitude to the place of beginning. 1896 ARTICLE III. ORDINANCE The following ordinance shall be irrevocable without the consent of the United States and the people of this State: [Religious toleration -- Polygamy forbidden.] First: -Perfect toleration of religious sentiment is guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship; but polygamous or plural marriages are forever prohibited. 1896 [Right to public domain disclaimed -- Taxation of lands -- Exemption.] Second: -The people inhabiting this State do affirm and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United Slates. The lands belonging to citizens of the United States, residing without this State shall never be taxed at a higher rate than the lands belonging to residents of this State; but nothing in this ordinance shall preclude this state from taxing, as other lands are taxed, any lands owned or held by any Indian who has severed his tribal relations, and has obtained from the United States or from any person, by patent or other grant, a title thereto, save and except such lands as have been or may be granted to any Indian or Indians under any act of Congress, containing a provision exempting the lands thus granted from taxation, which last mentioned lands shall be exempt from taxation so long, and to such extent, as is or may be provided in the act of Congress granting the same. January 1, 1947 [Territorial debts assumed.] Third: -All debts and liabilities of the Territory of Utah, incurred by authority of the Legislative Assembly thereof, are hereby assumed and shall be paid by this State. 1896 [Free nonsectarian schools.] Fourth: -The Legislature shall make laws for the establishment and maintenance of a system of public schools, which shall be open to all the children of the State and be free from sectarian control. 1896 ARTICLE IV. ELECTIONS AND RIGHT OF SUFFRAGE Sec. 1. [Equal political rights.] The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges. 1896 Sec. 2. [Qualifications to vote.] Every citizen of the United States, eighteen years of age or over, who makes proper proof of residence in this state for thirty days next preceding any election, or for such other period as required by law, shall be entitled to vote in the election. January 1, 1971 January 1, 1977 Sec. 3. [Voters -- Immunity from arrest.] In all cases except those of treason, felony or breach of the peace, voters shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom. January 1, 1977 Sec. 4. [Voters -- Immunity from militia duty.] No voter shall be obliged to perform militia duty on the day of election except in time of war or public danger. January 1, 1977 Sec. 5. [Voters to be citizens of United States.] No person shall be deemed a qualified voter of this State unless such person be a citizen of the United States. January 1, 1977 Sec. 6. [Mentally incompetent persons and certain criminals ineligible to vote.] No mentally incompetent person or person convicted of treason, or crime against the elective franchise, unless restored to civil rights, shall be permitted to vote at any election, or be eligible to hold office in this State. January 1, 1977 Sec. 7. [Property qualification forbidden.] No property qualification shall be required for any person to vote or hold office. January 1, 1977 Sec. 8. [Ballot to be secret.] All elections shall be by secret ballot. Nothing in this section shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election: Provided, That secrecy in voting be preserved. 1896 Sec. 9. [Elections, when held -- Terms, when begin.] All general elections, except for municipal and school officers, shall be held on the Tuesday next following the first Monday in November of the year in which the election is held. Special elections may be held as provided by law. The terms of all officers elected at any general election, shall commence on the first Monday in January next following the date of their election. Municipal and School officers shall be elected at such time as may be provided by law. 1896 Sec. 10. [Oath of office.] All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity." 1896 ARTICLE V. DISTRIBUTION OF POWERS Sec. 1. [Three departments of government.] The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted. 1896 ARTICLE VI. LEGISLATIVE DEPARTMENT Sec. 1. [Power vested in Senate, House and People.] The Legislative power of the State shall be vested: 1. In a Senate and House of Representatives which shall be designated the Legislature of the State of Utah. 2. In the people of the State of Utah, as hereinafter stated: The legal voters or such fractional part thereof, of the State of Utah as may be provided by law, under such conditions and in such manner and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted to a vote of the people for approval or rejection, or may require any law passed by the Legislature (except those laws passed by a two-thirds vote of the members elected to each house of the Legislature) to be submitted to the voters of the State before such law shall take effect. The legal voters or such fractional part thereof as may be provided by law, of any legal subdivision of the State, under such conditions and in such manner and within such time as may be provided by law, may initiate any desired legislation and cause the same to be submitted to a vote of the people of said legal subdivision for approval or rejection, or may require any law or ordinance passed by the lawmaking body of said legal subdivision to be submitted to the voters thereof before such law or ordinance shall take effect. November 6, 1900 Sec. 2. [Time of sessions.] Annual general sessions of the legislature shall be held at the seat of government and shall begin on the second Monday in January. January 1, 1969 January 1, 1985 Sec. 3. [Members of House, how and when chosen.] The members of the House of Representatives, after the first election, shall be chosen by the qualified voters of the respective representative districts, on the first Tuesday after the first Monday in November, 1896 and biennially thereafter. Their term of office shall be two years, from the first day of January next after their election. November 7, 1972 Sec. 4. [Senators, how and when chosen.] The senators shall be chosen by the qualified voters of the respective senatorial districts, at the same times and places as members of the House of Representatives, and their term of office shall be four years from the first day of January next after their election and as nearly one-half as may be practicable shall be elected in each biennium as the Legislature shall determine by law with each apportionment. November 7, 1972 Sec. 5. [Who eligible as legislator.] No person shall be eligible to the office of senator or representative who as of the last date provided by law for filing for the office is not a citizen of the United States, twenty-five years of age, a qualified voter in the district from which he is chosen, a resident for three years of the State, and for six months of the district from which he is elected. No person elected to the office of senator or representative shall continue to serve in that office after ceasing to be a resident of the district from which elected. November 7, 1972 January 1, 1983 Sec. 6. [Who ineligible as legislator.] No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust. 1896 Sec. 7. [Ineligibility of member to office created at term for which elected.] No member of the Legislature, during the term for which he was elected, shall be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during the term for which he was elected. 1896 Sec. 8. [Privilege from arrest.] Members of the Legislature, in all cases except treason, felony or breach of the peace, shall be privileged from arrest during each session of the Legislature, for fifteen days next preceding each session, and in returning therefrom; and for words used in any speech or debate in either house, they shall not be questioned in any other place. 1896 Sec. 9. [Compensation of legislators -- Citizens' salary commission.] The Legislature shall not increase the salaries of its members on its own initiative, but shall provide by law for the appointment by the Governor of a citizens' salary commission to make recommendations concerning the salaries of members of the Legislature. Upon submission of the commission's recommendations, the Legislature shall by law accept, reject or lower the salary but may not, in any event, increase the recommendation. The Legislature shall provide by law for the expenses of its members. Until salaries and expenses enacted as authorized by this section become effective, members of the Legislature shall receive compensation of $25 per diem while actually in session, expenses of $15 per diem while actually in session, and mileage as provided by law. January 1, 1975 January 1, 1951 January 1, 1969 January 1, 1983 Sec. 10. [Each house to be judge of election, and qualifications of its members -- Expulsion.] Each house shall be the judge of the election and qualifications of its members, and may punish them for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member for cause. 1896 Sec. 11. [Majority is quorum -- Attendance compelled.] A majority of the members of each house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe. 1896 Sec. 12. [Rules -- Choosing officers and employees.] Each house shall determine the rules of its proceedings and choose its own officers and employees. 1896 Sec. 13. [Vacancies to be filled.] Vacancies that may occur in either house of the Legislature shall be filled in such manner as may be provided by law. November 4, 1930 Sec. 14. [Journals -- Yeas and nays.] Each house shall keep a journal of its proceedings, which, except in case of executive sessions, shall be published, and the yeas and nays on any question, at the request of five members of such house, shall be entered upon the journal. 1896 Sec. 15. [Sessions to be public -- Adjournments.] All sessions of the Legislature, except those of the Senate while sitting in executive session, shall be public; and neither house, without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which it may be holding session. 1896 Sec. 16. [Duration of sessions.] No annual general session of the legislature shall exceed 45 calendar days, except in cases of impeachment. No special session shall exceed 30 calendar days, except in cases of impeachment. When any session of the legislature trying cases of impeachment exceeds the number of days it may remain in session as provided in this section, the members shall receive compensation only for expenses and mileage for those days in excess of 30. January 1, 1969 January 1, 1985 Sec. 17. [Impeachment by House.] The House of Representatives shall have the sole power of impeachment, but in order to impeach, two-thirds of all the members elected must vote therefor. 1896 Sec. 18. [Trial of impeachment by Senate.] All impeachments shall be tried by the Senate, and senators, when sitting for that purpose, shall take oath or make affirmation to do justice according to the law and the evidence. When the Governor is on trial, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the senators elected. 1896 Sec. 19. [Officers liable for impeachment -- Judgment -- Prosecution by law.] The Governor and other State and Judicial officers, except justices of the peace, shall be liable to impeachment for high crimes, misdemeanors, or malfeasance in office; but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit in the State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial and punishment according to law. 1896 Sec. 20. [Service of articles of impeachment.] No person shall be tried on impeachment, unless he shall have been served with a copy of the articles thereof, at least ten days before the trial, and after such service he shall not exercise the duties of his office until he shall have been acquitted. 1896 Sec. 21. [Removal of officers.] All officers not liable to impeachment shall be removed for any of the offenses specified in this article, in such manner as may be provided by law. 1896 Sec. 22. [Reading of bills -- Bill to contain only one subject -- Bills passed by majority.] Every bill shall be read by title three separate times in each house except in cases where two-thirds of the house where such bill is pending suspend this requirement. Except general appropriation bills and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title. The vote upon the final passage of all bills shall be by yeas and nays and entered upon the respective journals of the house in which the vote occurs. No bill or joint resolution shall be passed except with the assent of the majority of all the members elected to each house of the Legislature November 6, 1900 November 7, 1972 Sec. 23. [Bill to contain only one subject.] Transferred to Sec. 22, January 1, 1983 Sec. 24. [Presiding officers to sign bills.] The presiding officer of each house, not later than five days following adjournment, shall sign all bills and joint resolutions passed by the Legislature, certifying to their accuracy and authenticity as enacted by the Legislature. November 7, 1972 Sec. 25. [Publication of accounts -- Effective dates of acts.] All acts shall be officially published, and no act shall take effect until sixty days after the adjournment of the session at which it passed, unless the Legislature by a vote of two-thirds of all members elected to each house, shall otherwise direct. November 7, 1972 Sec. 26. [Private laws forbidden.] No private or special law shall be enacted where a general law can be applicable. November 7, 1972 Sec. 27. [Lotteries not authorized.] The Legislature shall not authorize any game of chance, lottery or gift enterprise under any pretense or for any purpose. November 7, 1972 Sec. 28. [Special privileges forbidden.] The Legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, to levy taxes, to select a capitol site, or to perform any municipal functions. November 7, 1972 Sec. 29. [Lending public credit forbidden.] The Legislature shall not authorize the State, or any county, city, town, township, district or other political subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate enterprise or undertaking. November 7, 1972 Sec. 30. [Continuity in government.] (1) Notwithstanding any general or special provisions of the Constitution, in order to insure continuity of state and local government operations when such operations are seriously disrupted as a result of natural or man-made disaster or disaster caused by enemy attack, the Legislature may: (a) provide for prompt and temporary succession to the powers and duties of any elected or appointed public office, the incumbents of which may become unavailable for carrying on the powers and duties of such offices; and (b) adopt measures necessary and proper for insuring the continuity of governmental operations including, but not limited to, the financing thereof. (2) Subsection (1) does not permit these temporary public officers to act or these temporary measures to be contrary to the Constitution and applicable law. November 7, 1972 January 1, 1991 Sec. 31. [Additional compensation of legislators.] For attendance at meetings of interim committees established by law to function between legislative sessions, members of the Legislature shall receive additional per diem compensation and mileage at a rate not to exceed that provided in this Constitution for regular legislative sessions. November 7, 1972 Sec. 32. [Appointment of additional employees.] The Legislature may appoint temporary or permanent nonmember employees for work during and between sessions, including independent legal counsel which shall provide and control all legal services for the Legislature except as the Legislature by law shall authorize performance thereof by the attorney general. November 7, 1972 Sec. 33. [Legislative auditor appointed.] The Legislature shall appoint a legislative auditor to serve at its pleasure. The legislative auditor shall have authority to conduct audits of any funds, functions, and accounts in any branch, department, agency or political subdivision of this state and shall perform such other related duties as may be prescribed by the Legislature. He shall report to and be answerable only to the Legislature. November 7, 1972 ARTICLE VII. EXECUTIVE DEPARTMENT Sec. 1. [Executive department -- Terms, residence, and duties of officers.] The elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor, State Treasurer, and Attorney General, each of whom shall hold office for four years, beginning on the first Monday of January next after election. The officers of the Executive Department, during their terms of office, shall reside within the State and shall keep the public records, books and papers as provided by law. They shall perform such duties as are proscribed by this Constitution and as provided by law. January 1, 1981 Sec. 2. [Election -- Tie, Legislature to elect -- Governor and Lieutenant Governor elected jointly.] The officers provided for in Sec. 1 of this article shall be elected by the qualified voters of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next session, shall elect forthwith by joint ballot one of such persons for said office. In the election, the names of the candidates for Governor and Lieutenant Governor for each political party shall appear together on the ballot, and the votes cast for a candidate for Governor shall be considered as also cast for the candidate for Lieutenant Governor. January 1, 1981 Sec. 3. [Qualifications of Governor, Lieutenant Governor, Attorney General and other executive offices.] To be eligible for the office of Governor or Lieutenant Governor a person shall have attained the age of thirty years at the time of election. To be eligible for the office of Attorney General a person shall, at the time of election, have attained the age of twenty-five years, be admitted to practice before the Supreme Court of the State of Utah and be in good standing at the bar. No person shall be eligible to any of the offices provided for in Sec. 1 of this article, unless at the time of election that person is a qualified voter and shall have been a resident citizen of the State for five years next preceding election. January 1, 1981 Sec. 4. [Governor commander-in-chief.] The Governor shall be Commander-in-Chief of the military forces of the State, except when they shall be called into the service of the United States. The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. January 1, 1981 Sec. 5. [Executive power vested in Governor -- Duties.] The executive power of the State shall be vested in the Governor, who shall see that the laws are faithfully executed. The Governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislature is not in session, may, if deemed necessary, appoint a committee to investigate and report to the Governor upon the condition of any executive office or State Institution. The Governor shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as may be deemed expedient. January 1, 1981 Sec. 6. [Convening of extra sessions of legislature.] On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the Senate in extraordinary session for the transaction of executive business. 1896 Sec. 7. [Adjournment of Legislature by Governor.] In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as the Governor may think proper if it is not beyond the time fixed for the convening of the next Legislature. January 1, 1981 Sec. 8. [Bills presented to Governor -- Veto -- Appropriation bills -- Reconvening of Legislature to consider vetoed bills.] Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if approved, the Governor shall sign it, and thereupon it shall become a law; but if disapproved, the bill shall be resumed with the Governor's objections to the house in which it originated, which house shall enter the objections at large upon its journal and proceed to reconsider the bill. If upon reconsideration the bill again passes both houses by a yea and nay vote of two-thirds of the members elected to each house, it shall become a law. If any bill is not returned by the Governor within ten days after it has been presented to the Governor, Sunday and the day it was received excepted, it shall become a law without a signature; but if legislative adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files the objections thereto with such officers as provided by law. The Governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill; and in such case the Governor shall append to the bill at the time of signing it a statement of the item or items which are disapproved, together with the reasons therefor, and such item or items shall not take effect unless passed over the Governor's objections as provided in this section. If the Governor disapproves any bill or item of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of that house on the matter of reconvening the Legislature. If two-thirds of the members of each house are in favor of reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set jointly by the presiding officer of each house, solely for the purpose of reconsidering the bill or item of appropriation disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses of the Legislature by a yea and nay vote of two-thirds of the members elected to each house, the bill shall become law or the item of appropriation shall take effect. January 1, 1981 Sec. 9. [Governor may fill certain vacancies.] When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office. 1896 Sec. 10. [Governor's appointive power -- Vacancies.] The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occurs in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate, when the Governor shall nominate some person to fill such office. If the office of Lieutenant Governor, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, from the same political party of the removed person; and the appointee shall hold office until a successor shall be elected and qualified, as provided by law. January 1, 1981 Sec. 11. [Vacancy in office of Governor -- Determination of disability.] In case of the death of the Governor, impeachment, removal from office, resignation, or disability to discharge the duties of the office, or in case of a Governor-elect who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or disability ceases. If in this case the President of the Senate resigns, dies, is removed, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or disability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the Speaker of the House, as the case may be, shall be entitled to the salary and emoluments of the Governor, except in cases of temporary disability. The disability of the Governor or person acting as Governor shall be determined by either a written declaration transmitted to the Supreme Court by the Governor stating an inability to discharge the powers and duties of the office or by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Such determination shall be final and conclusive. Thereafter, when the Governor transmits to the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Speaker of the House of Representatives, or upon its own initiative, determines that the Governor is unable to discharge the powers and duties of the office. The Lieutenant Governor shall then continue to discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. January 1, 1981 Sec. 12. [Board of pardons -- Respites and reprieves.] Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions as may be established by the Legislature, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, in open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefor in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed with all papers used upon the hearing, in the office of such officer as provided by law. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue or determine such respite or reprieve, or they may commute the punishment, or pardon the offense as herein provided. In case of conviction for treason, the Governor shall have the power to suspend execution of the sentence, until the case shall be reported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence, or direct execution; and the Governor shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the Board made thereto. January 1, 1981 Sec. 13. [Board of Examiners.] Until otherwise provided by law, the Governor, Attorney General, and State Auditor shall constitute a Board of Examiners, with power to examine all such claims against the State as provided by law, and perform such other duties as provided by law; and no such claim against the State shall be passed upon by the Legislature without having been considered and acted upon by the Board of Examiners. January 1, 1981 Sec. 14. [Duties of Lieutenant Governor.] The Lieutenant Governor shall serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated by the Governor, and shall perform such other duties as may be provided by law. January 1, 1981 Sec. 15. [Duties of State Auditor and State Treasurer.] The State Auditor shall perform financial post audits of Public Accounts, except as otherwise provided by this Constitution, and the State Treasurer shall be the custodian of public moneys; and each shall perform such other duties as provided by law. January 1, 1981 Sec. 16. [Duties of Attorney General.] The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as provided by law. January 1, 1981 Sec. 17. [Duties of Superintendent of Public Instruction.] Repealed July 1, 1987 Sec. 18. [Compensation of State and District officers.] The Governor, Lieutenant Governor, State Auditor, State Treasurer, Attorney General and such other State and District officers as provided for by law, shall receive for their services a compensation as fixed by law. The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment during their respective terms of office. No such officer shall receive for the performance of any official duty any fee for personal use, but all fees fixed by law for the performance by either of them of any official duty, shall be collected in advance and deposited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the performance of official duties. January 1, 1981 Sec. 19. [Grants and commissions.] All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by such officer as provided by law. January 1, 1981 Sec. 20. [The Great Seal.] There shall be a seal of the State, which shall be called "The Great Seal of the State of Utah," and shall be kept by such officer as provided by law. January 1, 1981 Sec. 21. [United States' officials ineligible to hold state office.] No person, while holding any office under the United States' government, shall hold any office under the State government of Utah. January 1, 1981 Sec. 22. [The Great Seal.] Transferred to Sec. 20, January 1, 1981 Sec. 23. [United States officials ineligible -- Governor not eligible for senate.] Repealed in part and transferred in part to Sec. 21, January 1, 1981 Sec. 24. [Temporary succession to public offices in emergency.] Unconstitutional -- Lee v. State, 13 U.2d 15, 367 P. 2d 861 (1962). Repealed January 1, 1981 ARTICLE VIII. JUDICIAL DEPARTMENT Sec. 1. [Judicial powers -- 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 shall also be established by statute. July 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 participate in the cause. January 1, 1945 July 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. July 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 press. The Legislature may amend the rules of procedure and evidence adopted by the Supreme Court upon a vote of two-thirds of all members of both houses of the Legislature. 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. July 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. The 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 filed originally with the Supreme Court, there shall be in all cases an appeal of right from the court of original jurisdiction to a court with appellate jurisdiction over the cause. January 1, 1945 July 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. January 1, 1945 July 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. It geographic divisions are provided for any court, Judges of that court shall reside in the geographic division for which they are selected. July 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 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. Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political considerations. July 1, 1985 Sec. 9. [Judicial retention elections.] Each appointee to 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. July 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. January 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. July 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. July 1, 1985 Sec. 13. [Judicial Conduct Commission.] A Judicial Conduct Commission is established which shall investigate and conduct confidential hearings regarding complaints against any justice or judge. Following its investigations and hearings, the Judicial Conduct Commission may order the reprimand, censure, suspension, removal, or involuntary retirement of any justice or judge for the following: (1) action which constitutes willful misconduct in office: (2) final conviction of a crime punishable as a felony under state or federal law; (3) willful and persistent failure to perform judicial duties; (4) disability that seriously interferes with the performance of judicial duties; or (5) conduct prejudicial to the administration of justice which brings a judicial office into disrepute. Prior to the implementation of any commission order, the Supreme Court shall review the commission's proceedings as to both law and fact. The court may also permit the introduction of additional evidence. After its review, the Supreme Court shall, as it finds just and proper, issue its order implementing, rejecting, or modifying the commission's order. The Legislature by statute shall provide for the composition and procedures of the Judicial Conduct Commission. July 1, 1985 Sec. 14. [Compensation of justices and judges.] The Legislature shall provide for the compensation of all justices and judges. The salaries of justices and judges shall not be diminished during their terms of office. July 1, 1985 Sec. 15. [Mandatory retirement.] The Legislature may provide standards for the mandatory retirement of justices and judges from office. July 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 elected 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. July 1, 1985 Sec. 17. [Courts of record.] Repealed in part and transferred in part to Sec. 1, July 1, 1985 Sec. 18. [Style of process: "The State of Utah".] Repealed July 1, 1985 Sec. 19. [But one form of civil action.] Repealed July 1, 1985 Sec. 20. [Salary of Judges.] Repealed July 1, 1985 Sec. 21. [Judges to be