Senate Bill sb2250

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                 SJR 2250

    By Senator Wise





    5-1474-03                                               See HB

  1                 Senate Joint Resolution No. ___

  2         A joint resolution proposing an amendment to

  3         Section 11 of Article V of the State

  4         Constitution to require that the deliberations

  5         and records related thereto of judicial

  6         nominating commissions be open to the public.

  7  

  8  Be It Resolved by the Legislature of the State of Florida:

  9  

10         That the amendment to Section 11 of Article V of the

11  State Constitution set forth below is agreed to and shall be

12  submitted to the electors of this state for approval or

13  rejection at the next general election or at an earlier

14  special election specifically authorized by law for that

15  purpose:

16                            ARTICLE V

17                            JUDICIARY

18         SECTION 11.  Vacancies.--

19         (a)  Whenever a vacancy occurs in a judicial office to

20  which election for retention applies, the governor shall fill

21  the vacancy by appointing for a term ending on the first

22  Tuesday after the first Monday in January of the year

23  following the next general election occurring at least one

24  year after the date of appointment, one of not fewer than

25  three persons nor more than six persons nominated by the

26  appropriate judicial nominating commission.

27         (b)  The governor shall fill each vacancy on a circuit

28  court or on a county court, wherein the judges are elected by

29  a majority vote of the electors, by appointing for a term

30  ending on the first Tuesday after the first Monday in January

31  of the year following the next primary and general election

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                 SJR 2250
    5-1474-03                                               See HB




 1  occurring at least one year after the date of appointment, one

 2  of not fewer than three persons nor more than six persons

 3  nominated by the appropriate judicial nominating commission.

 4  An election shall be held to fill that judicial office for the

 5  term of the office beginning at the end of the appointed term.

 6         (c)  The nominations shall be made within thirty days

 7  from the occurrence of a vacancy unless the period is extended

 8  by the governor for a time not to exceed thirty days. The

 9  governor shall make the appointment within sixty days after

10  the nominations have been certified to the governor.

11         (d)  There shall be a separate judicial nominating

12  commission as provided by general law for the supreme court,

13  each district court of appeal, and each judicial circuit for

14  all trial courts within the circuit. Uniform rules of

15  procedure shall be established by the judicial nominating

16  commissions at each level of the court system. Such rules, or

17  any part thereof, may be repealed by general law enacted by a

18  majority vote of the membership of each house of the

19  legislature, or by the supreme court, five justices

20  concurring. Except for deliberations of the judicial

21  nominating commissions, The proceedings of the commissions and

22  their records shall be open to the public.

23         BE IT FURTHER RESOLVED that the following statement be

24  placed on the ballot:

25                     CONSTITUTIONAL AMENDMENT

26                      ARTICLE V, SECTION 11

27         OPEN MEETINGS AND RECORDS OF JUDICIAL NOMINATING

28  COMMISSIONS.--Proposing an amendment to Section 11 of Article

29  V of the State Constitution to require that the deliberations

30  and records related thereto of the judicial nominating

31  commissions be open to the public.

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CODING: Words stricken are deletions; words underlined are additions.