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of appeals, the governor shall issue a writ of election, and the qualified voters of the state, or of the district in which the vacancy may occur, shall elect a clerk of the court of appeals, to serve until the end of the term for which such clerk was elected: Provided, that when a vacancy shall occur from any cause, or the clerk be under charges upon information, the judges of the court of appeals shall have power to appoint a clerk pro tem., to perform the duties of clerk until such vacancy shall be filled, or the clerk acquitted : And, provided further, that no writ of election shall issue to fill a vacancy unless the unexpired term exceed one year.
& 14. The general assembly shall direct, by law, the mode and manner of conducting and making due returns to the secretary of state, of all elections of the judges and clerk or clerks of the court of appeals, and of determining contested elections of any of these officers.
15. The general assembly shall provide for an additional judge or judges, to constitute, with the remaining judge or judges, & special court for the trial of such cause or causes as may, at any time, be pending in the court of appeals, on the trial of which a majority of the judges cannot sit, on account of interest in the event of the cause; or on account of their relationship to either party; or when a judge may have been employed in or decided the cause in the inferior court.
CONCERNING THE CIRCUIT COURTS. § 16. A circuit court shall be established in each county now existing, or which may hereafter be erected in this commonwealth.
& 17. The jurisdiction of said court shall be, and remain as now established, hereby giving to the general assembly the power to change or alter it.
& 18. The right to appeal or sue out a writ of error to the court of appeals shall remain as it now exists, until altered by law, hereby giving to the general assembly the power to change, alter, or modify said right.
19. At the first session after the adoption of this constitution, the general assembly shall divide the state into twelve judicial districts, having due regard to business, territory, and population : Provided, that no county shall be divided.
& 20. They shall, at the same time that the judicial districts are laid off, direct elections to be held in each district, to elect a judge for said district, and shall prescribe in what manner the election shall be conducted. The first election of judges of the circuit court shall take place on the second Monday in May, 1851; and afterwards on the first Monday in August, 1856, and on the first Monday in August in every sixth year thereafter.
21. All persons qualified to vote for members of the general assembly, in each district, shall have the right to vote for judges.
8 22. No person shall be eligible as judge of the circuit court who is not a citizen of the United States, & resident of the district for which he may be a candidate two years next preceding his election, at least thirty years of age, and who has not been a practising lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practised law, shall not be equal to eight years.
823. The judges of the circuit court shall, after their first term, hold their office for the term of six years from the day of their election. They shall be commissioned by the governor, and continue in office until their successors be qualified, but shall be removable from office in the same manner as the judges of the court of appeals; and the removal of a judge from his district shall vacate his office.
8 24. The general assembly, if they deem it necessary, may establish one additional district every four years, but the judicial districts shall not exceed sixteen, until the population of this state shall exceed one million five hundred thousand.
8 25. The judges of the circuit courts, shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall be equal and uniform throughout the state, and which shall not be diminished during the time for which they were elected.
§ 26. If a vacancy shall occur in the office of judge of the circuit court, the governor shall issue a writ of election to fill such vacancy, for the residue of the term: Provided, that if the unexpired term be less than one year, the governor shall appoint a judge to fill such vacancy.
$ 27. The judicial districts of this state shall not be changed, except at the first session after an enumeration, unless when a new district may be established.
8 28. The general assembly shall provide by law for holding circuit courts, when, from any cause, the judge shall fail to attend, or, if in attendance, cannot properly preside.
CONCERNING COUNTY COURTS. 8 29. A county court shall be established in each county now existing, or which may hereafter be erected within this commonwealth, to consist of a presiding judge, and two associate judges, any two of whom shall constitute a court for the transaction of business: Provided, the general assembly may at any time abolish the office of the associate judges, whenever it shall be deemed expedient; in which event they may associate with said court any or all of the justices of the peace for the transaction of business.
$ 30. The judges of the county court shall be elected by the qualified voters in each county, for the term of four years, and shall continue in office until their successors be duly qualified, and shall receive such compensation for their services as may be provided by law.
31. The first election of county court judges shall take place at the same time of the election of judges of the circuit court. The presiding judge, first elected, shall hold his office until the first Monday in August, 1854. The associate judges shall hold their offices until the first Monday in August, 1852, and until their successors be qualified; and afterwards elections shall be held on the first Mondays in August, in the years in which vacancies regularly & 32. No person shall be eligible to the office of presiding or associate judge of the county court, unless he be a citizen of the United States, over twenty-one years of age, and shall have been a resident of the county in which he shall be chosen, one year next preceding the election.
233. The jurisdiction of the county court shall be regulated by law; and, until changed, shall be the same now vested in the county courts of this state..
& 34. Each county in this state shall be laid off into districts of convenient size, as the general assembly may, from time to time, direct. Two justices of the peace shall be elected in each district, by the qualified voters therein, at such time and place as may be prescribed by law, for the term of four years, whose jurisdiction shall be co-extensive with the county; no person shall be eligible as a justice of the peace, unless he be a citizen of the United States, twenty-one years of age, and a resident of the district in which he may be candidate.
§ 35. Judges of the county court, and justices of the peace, shall be conservators of the peace. They shall be commissioned by the governor. County and district officers shall vacate their offices by removal from the district or county in which they shall be appointed. The general assembly shall provide, by law, the manner of conducting and making due return of all elections of judges of the county court and justices of the peace, and for determining contested elections, and provide the mode of filling vacancies in these offices.
& 36. Judges of the county court and justices of the peace, sheriffs, coroners, surveyors, jailers, county assessor, attorney for the county, and constables, shall be subject to indictment or presentment for malfeasance or misfeasance in office, or wilful neglect in the discharge of their official duties, in such mode as may be prescribed by law, subject to appeal to the court of appeals; and, upon conviction, their offices shall become vacant.
& 37. The general assembly may provide, by law, that the justices of the peace in each county shall sit at the court of claims and assist in laying the county levy and making appropriations only.
8 38. When any city or town shall have a separate representation, such city or town, and the county in which it is located, may have such separate municipal courts, and executive and ministerial officers as the general assembly may, from time to time, provide.
8 39. The clerks of the court of appeals, circuit, and county courts, shall be removable from office by the court of appeals, upon information and good cause shown. The court shall be judges of the fact as well as the law. Two-thirds of the members present must concur in the sentence.
8 40. The Louisville chancery court shall exist under this constitution, subject to repeal, and its jurisdiction to enlargement and modification by the general assembly. The chancellor shall have the same qualifications as a circuit court judge, and the clerk of said court as a clerk of a circuit court, and the marshal of said court as a sheriff; and the general assembly shall provide for the election, by the qualified voters within its jurisdiction, of the chancellor, clerk, and marshal of said court, at the same time that the judge and clerk of the circuit court are elected for the county of Jefferson, and they shall hold their offices for the same time, and shall be removable in the same manner: Provided, that the marshal of said court shall be ineligible for the succeeding term.
& 41. The city court of Louisville, the Lexington city court, and all other police courts established in any city or town, shall remain until otherwise directed by law, with their present powers and jurisdictions; and the judges, clerks, and marshals of such courts shall have the same qualifications, and shall be elected by the qualified voters of such cities or towns, at the same time, and in the same manner, and hold their offices for the same term as county judges, clerks, and sheriffs, respectively, and shall be liable to removal in the same manner. The general assembly may vest judicial powers, for police purposes, in mayors of cities, police judges, and trustees of towns.
ARTICLE V.–Concerning Impeachments. 8 1. The house of representatives shall have the sole power of impeachment.
§ 2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present.
3. The governor and all civil officers, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this commonwealth ; but the party convicted shall, nevertheless, be subject and liable to indictment, trial, and punishment by law. ARTICLE VI.-Concerning Executive and Ministerial Officers for
Counties and Districts. 81. A commonwealth's attorney for each judicial district, and a circuit court clerk for each county, shall be elected, whose term of office shall be the same as that of the circuit judges; also, a county court clerk, an attorney, surveyor, coroner, and jailer, for each county, whose term of office shall be the same as that of the presiding judge of the county court.
8 2. No person shall be eligible to the offices mentioned in this article, who is not at the time twenty-four years old (except clerks of county and circuit courts, sheriffs, constables, and county attorneys, who shall be eligible at the age of twenty-one years), a citizen of the United States, and who has not resided two years next preceding the election, in the state, and one year in the county or district for which he is a candidate. No person shall be eligible to the office of commonwealth's or county attorney, unless he shall have been a licensed practising attorney for two years. shall be eligible to the office of clerk unless he shall have procured from a judge of the court of appeals, or a judge of the circuit court, a certificate that he has been examined by the clerk of his
court, under his supervision, and that he is qualified for the office for which he is a candidate.
83. The commonwealth's attorney and circuit court clerk shall be elected at the same time as the circuit judge—the commonwealth's attorney by the qualified voters of the district, the circuit court clerk by the qualified voters of the county. The county attorney, clerk, surveyor, coroner, and jailer, shall be elected at the same time, and in the same manner, as the presiding judge of the county court.
& 4. A sheriff shall be elected in each county, by the qualified voters thereof, whose term of office shall, after the first term, be two years, and until his successor be qualified; and he shall be re-eligible for a second term; but no sheriff shall, after the expiration of the second term, be re-eligible, or act as deputy, for the succeeding term. The first election of sheriff shall be on the second Monday in May, 1851 ; and the sheriffs, then elected, shall hold their offices until the first Monday in January, 1853, and until their successors be qualified; and on the first Monday in August, 1852, and on the first Monday of August in every second year thereafter, elections for sheriffs shall be held: Provided, that the sheriffs first elected, shall enter upon the duties of their respective offices on the first Monday in June, 1851, and after the first election on the first Monday in January next succeeding their election.
& 5. A constable shall be elected in every justice's district, who shall be chosen for two years, at such time and place as may be provided by law, whose jurisdiction shall be co-extensive with the county in which he may reside.
& 6. Officers for towns and cities shall be elected for such terms, and in such manner, and with such qualifications, as may be prescribed by law.
87. Vacancies in offices under this article shall be filled, until the next regular election, in such manner as the general assembly may provide.
& 8. When a new county shall be erected, officers for the same, to serve until the next stated election, shall be elected, or appointed in such way and at such times as the general assembly may prescribe.
& 9. Clerks, sheriffs, surveyors, coroners, constables, and jailers, and such other officers as the general assembly may from time to time require, shall, before they enter upon the duties of their respective offices, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law.
& 10. The general assembly may provide for the election or appointment, for a term not exceeding four years, of such other county or district ministerial and executive officers as shall, from time to time, be necessary and proper.
& 11. A county assessor shall be elected in each county at the same time and for the same term that the presiding judge of the county court is elected, until otherwise provided for by law. He shall have power to appoint such assistants as may be necessary