Utah Constitution Article 08 Judicial Department
Utah Constitution – Article VIII: Judicial Department
This article outlines the structure, powers, and responsibilities of the judicial branch in the State of Utah. Below is a summary of the key sections and provisions of Article VIII – Judicial Department:
1. Judicial Power
The judicial power is vested in a unified judicial system, which includes:
The Supreme Court
The Court of Appeals
District Courts
Justice Courts
Other courts as established by statute
2. Supreme Court
The highest court in Utah.
Has original jurisdiction to issue extraordinary writs (like habeas corpus).
Has appellate jurisdiction over matters from lower courts.
Makes rules of procedure and evidence (subject to legislative veto by two-thirds vote).
Oversees the administration of all courts and the practice of law in the state.
3. Court of Appeals
Serves as an intermediate appellate court.
Jurisdiction is defined by statute.
Reviews cases assigned by the Supreme Court.
4. District Courts
Have general jurisdiction (both civil and criminal cases).
Can issue extraordinary writs.
Hear appeals from administrative agencies and justice courts.
5. Justice Courts
Limited jurisdiction (small claims, misdemeanors, traffic offenses, etc.).
Established and governed by statute.
6. Judicial Selection and Term
Judges are appointed by the governor from a list provided by a nominating commission.
After appointment, judges face a retention election at the end of their term.
Terms:
Supreme Court Justices: 10 years
Other judges: 6 years
7. Judicial Conduct
Judges may be removed for cause (e.g., misconduct) by the Judicial Conduct Commission.
The Supreme Court has final authority on disciplinary matters.
8. Qualifications and Restrictions
Judges must be:
U.S. citizens
Residents of Utah
Licensed to practice law in Utah
Restrictions include prohibitions on practicing law while in office and holding certain political or business interests.
9. Rulemaking and Administration
The Supreme Court may adopt rules for court procedures and evidence.
It oversees the Office of the Court Administrator and the overall functioning of the judiciary.
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