HJR 47

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 8 of
3Article V of the State Constitution to increase the period
4of time that a person must be a member of The Florida Bar
5before becoming eligible for the office of circuit court
6or county court judge.
7
8Be It Resolved by the Legislature of the State of Florida:
9
10     That the following amendment to Section 8 of Article V of
11the State Constitution is agreed to and shall be submitted to
12the electors of this state for approval or rejection at the next
13general election or at an earlier special election specifically
14authorized by law for that purpose:
15
ARTICLE V
16
JUDICIARY
17     SECTION 8.  Eligibility.-No person shall be eligible for
18office of justice or judge of any court unless the person is an
19elector of the state and resides in the territorial jurisdiction
20of the court. No justice or judge shall serve after attaining
21the age of seventy years except upon temporary assignment or to
22complete a term, one-half of which has been served. No person is
23eligible for the office of justice of the supreme court, or
24judge of a district court of appeal, circuit court judge, or
25county court judge unless the person is, and has been for the
26preceding ten years, a member of the bar of Florida. No person
27is eligible for the office of circuit judge unless the person
28is, and has been for the preceding five years, a member of the
29bar of Florida. Unless otherwise provided by general law, no
30person is eligible for the office of county court judge unless
31the person is, and has been for the preceding five years, a
32member of the bar of Florida. Unless otherwise provided by
33general law, a person shall be eligible for election or
34appointment to the office of county court judge in a county
35having a population of 40,000 or less if the person is a member
36in good standing of the bar of Florida.
37     BE IT FURTHER RESOLVED that the following statement be
38placed on the ballot:
39
CONSTITUTIONAL AMENDMENT
40
ARTICLE V, SECTION 8
41     INCREASING THE QUALIFICATIONS FOR THE OFFICES OF CIRCUIT
42COURT AND COUNTY COURT JUDGES.-The State Constitution currently
43prohibits a person from serving as a circuit court judge unless
44the person is, and has been for the proceeding 5 years, a member
45of The Florida Bar. This same prohibition applies to county
46court judges, except in counties having a population of 40,000
47or fewer, where a person need only be a member in good standing
48of The Florida Bar. This proposed amendment increases to 10
49years the period of time that a person must be a member of The
50Florida Bar before serving as a circuit court judge or a county
51court judge in any county.


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