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Utah Scope of Supreme Court Rules Amendment (2016)

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Scope of Supreme Court Rules Amendment
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Election date
November 8, 2016
Topic
State judiciary
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature

Voting on
State Judiciary
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Ballot Measures
By state
By year
Not on ballot

A Utah Scope of Supreme Court Rules Amendment was not put on the November 8, 2016 ballot in Utah as a legislatively referred constitutional amendment. The measure, upon voter approval, would have provided that the Utah Supreme Court shall govern "the practice of law before the courts of the State, including admission to practice law before the courts of the State and the conduct and discipline of persons admitted to practice law before the courts of the State."[1]

Text of measure

Constitutional changes

See also: Article VIII, Utah Constitution

The proposed amendment would have amended Section 4 of Article VIII of the Utah Constitution. The following underlined text would be added by the proposed measure's approval:[1]

Article VIII, Section 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. 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 before the courts of the State, including admission to practice law before the courts of the State and the conduct and discipline of persons admitted to practice law before the courts of the State.[2]

Support

The amendment was sponsored by Sen. Stephen Urquhart (R-29).[1]

Path to the ballot

See also: Amending the Utah Constitution

According to the Utah Constitution, a two-thirds vote is required in one legislative session of the Utah Legislature to qualify the amendment for the ballot.

The Utah Legislature's 2015 session ended on March 12, 2015, without the bill passing both chambers. Legislators had the opportunity to reintroduce the bill again during the 2016 legislative session, which was projected to be in session from January 25, 2016, through March 10, 2016.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 Utah Legislature, "Senate Joint Resolution 3," accessed March 6, 2015
  2. Note: This text is quoted verbatim from the original source.