Slide Show A

A Presentation For The People of Utah

THE UTAH CONSTITUTION

A Critical Examination of ARTICLE 8

1896 Utah Constitution

Article I, Section 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 Utah Constitution

There are currently 24 articles contained in the Utah Constitution, noting that 2 are missing – article 19 and article 21. These were repealed in 1988 and 1992 respectively.

This Presentation will only address the issues concerning Article 8 and the effect of Article 1, section 26 on Article 8. (It also affects the whole of the constitution).

In the original Constitution…

Article 06 created:The Executive Department

Article 07 Created: The Legislative Department

Article 08 Created:The Judicial Department

Thereby fulfilling the requirements of Article 5 section 1, having 3 separate departments of a republican form of government.

• 1896 UTAH CONSTITUTION

1984 CHANGES

• On November 7, 1984, Article 8 was

REPEALED by the people of Utah in the state elections of that year.

Article 06 created:The Executive Department

Article 07 Created: The Legislative Department

Article 08 Created:The Judicial Department

• 1896 UTAH CONSTITUTION

November 7, 1984When something is repealed, It Is Gone. It No Longer Exists. Hence, at that point in time, a

LAWFUL Judicial Department ceased to exist in Utah Government.

The People were unaware of the consequences of that action. It was promoted as an

amendment but in fact was a TOTAL REPEAL

of the Entire Article 8.

• This repeal left Utah with only the legislative and executive departments, and…

• NO Lawful Courts• NO Lawful Judges• NO Lawful Districts• NO Lawful Rules (civil or criminal)• NO Lawful Statutes regarding the previous

Judicial Dept.• NO Lawful County or District Attorneys• And a state government which violated the

requirements of the US Constitution at Article 4, Section 4 – A Republican Form of Government, and the Utah Constitution, Article 5 section 1.

• After the REPEAL of the 1896 Article 8, a new 1984 Article 8 was enacted. This NEW article has requirements that created a legal loop that, in its present form, made it IMPOSSIBLE to install anyone into the office of judge or prosecutor in the state of Utah- and continues to violate Article 4, Section 4 of the US Constitution.

-NEW 1984 ARTICLE 8-Utah Constitution

• 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, including admission to practice law and the conduct and discipline of persons admitted to practice law.

NEW 1984 ARTICLE 8, SECTION 4• The Supreme Court shall adopt rules of procedure and evidence to be

used in the courts of the state…

Remember, since the Utter Repeal of the 1896 Article 8, no supreme court existed to adopt rules of procedure and evidence… the old rules were terminated with the Repeal, as was the supreme court and every judge or justice of the Judicial Department.

NEW 1984 ARTICLE 8, SECTION 4• …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 … admitted to practice law in Utah.

Remember, since the Utter Repeal of the 1896 Article 8, no supreme court existed to admit retired judges or judges pro-tempore to perform any judicial duties.

NEW 1984 ARTICLE 8, SECTION 4• The Supreme Court by rule shall govern the practice of law, including

admission to practice law

Remember, since the Utter Repeal of the 1896 Article 8, no supreme court existed to govern the practice of law or admit anyone to practice law! NO ONE can qualify to fill positions of the supreme court, or any other court, under the present Utah Constitution.

NEW 1984 Article 8

• SINCE 1984, NO PERSON HAS HAD LAWFUL STANDING OR CONSTITUTIONAL AUTHORITY TO OFFICIATE IN THE OFFICE OF JUDGE OR JUSTICE IN THE SUPREME COURT OR ANY OTHER COURT OF THE STATE OF UTAH!

NEW 1984 ARTICLE 8

• There was no provision made to bridge or carry over anything that existed in the 1896 Article 8 to the new 1984 Article 8.

NEW 1984 Article 8Article VIII, Section 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.

NEW 1984 ARTICLE 8, Section 7• Supreme court justices shall be… admitted to practice law in

Utah.

Again, NO ONE can qualify to be a justice of the supreme court because there is no LAWFUL supreme court to admit ANYONE to practice law in Utah.

NEW 1984 ARTICLE 8, Section 7• Judges of other courts of record shall be… admitted to

practice law in Utah.

Again, NO ONE can qualify to be a judge of any other court because there is no LAWFUL supreme court to admit ANYONE to practice law in Utah.

NEW 1984 ARTICLE 8

• Article VIII, Section 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.

NEW 1984 ARTICLE 8, Section 7

• Public prosecutors shall be… admitted to practice law in Utah.

Again, NO ONE can qualify to be a Public Prosecutor because there is no LAWFUL supreme court to admit ANYONE to practice law in Utah.

Article I, Section 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 UTAH CONSTITUTION

• Because of Article 1, Section 26, there can be no “inferred meanings” applied to the Utah constitution. If something is stated in the constitution, then it is mandatory, if not stated, it is prohibitory – (or prohibited)

• NO version of the Utah Constitution, since 1896 to present, has ever required anyone to be “licensed” to practice law in Utah. And because of Article 1, Section 26, it is forbidden to “license” anyone to practice law in Utah, as there are no express words declaring otherwise.

• NO ONE is required to use an attorney and no attorney is constitutionally required to be “licensed.” In Fact, as above, attorneys are constitutionally prohibited to be “licensed.”

Unintended Consequences…• Because of the foregoing, persons officiating

as judges, justices or prosecutors have

NO STANDINGNO STANDINGAND NO AND NO

CONSTITUTIONAL AUTHORITYCONSTITUTIONAL AUTHORITYTo so act Since January 1, 1985To so act Since January 1, 1985

WHATARE THE

CONSEQUENCES?