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BANKS v. MILLER

Nos. 12973, 12991, 12986.

501 P.2d 1079 (1972)

28 Utah 2d 287

Jay E. BANKS, Plaintiff, v. Clyde L. MILLER, Secretary of State of the State of Utah, Defendant. J. Robert BULLOCK, Plaintiff, v. Clyde L. MILLER, Secretary of State of the State of Utah, Defendant. Jackson HOWARD, Plaintiff, v. Clyde L. MILLER, Secretary of State of the State of Utah, Defendant.

Supreme Court of Utah.

October 6, 1972.

Attorney(s) appearing for the Case

Sumner J. Hatch, of Hatch, McRae & Richardson, Salt Lake City, for Banks.

J. Robert Bullock, pro se.

Jackson Howard, of Howard & Lewis, Provo, for Jackson Howard.

Vernon B. Romney, Atty. Gen., Salt Lake City, for defendant.

ELLETT, Justice:

This matter is before the court on a petition for a writ of mandamus.

The question which we must decide is whether a lawyer can file for election to a judgeship made vacant by the inability of the incumbent to file for re-election because of mandatory retirement.

Section 20-1-7.1, U.C.A. 1953 as amended in 1967, provides:

Except as otherwise provided in this act, ... judges of the district courts shall be selected, and a vacancy...

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