| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 8 of |
| 3 | Article V and the creation of Section 32 of Article XII of |
| 4 | the State Constitution to increase the period of time that |
| 5 | a person must be a member of The Florida Bar before |
| 6 | becoming eligible for the office of circuit court or |
| 7 | county court judge, to provide an effective date, and to |
| 8 | provide that judges qualified to hold office and in office |
| 9 | on that effective date may remain in office and run for |
| 10 | reelection, notwithstanding the increase. |
| 11 |
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| 12 | Be It Resolved by the Legislature of the State of Florida: |
| 13 |
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| 14 | That the following amendment to Section 8 of Article V and |
| 15 | the creation of Section 32 of Article XII of the State |
| 16 | Constitution are agreed to and shall be submitted to the |
| 17 | electors of this state for approval or rejection at the next |
| 18 | general election or at an earlier special election specifically |
| 19 | authorized by law for that purpose: |
| 20 | ARTICLE V |
| 21 | JUDICIARY |
| 22 | SECTION 8. Eligibility.-No person shall be eligible for |
| 23 | office of justice or judge of any court unless the person is an |
| 24 | elector of the state and resides in the territorial jurisdiction |
| 25 | of the court. No justice or judge shall serve after attaining |
| 26 | the age of seventy years except upon temporary assignment or to |
| 27 | complete a term, one-half of which has been served. No person is |
| 28 | eligible for the office of justice of the supreme court or judge |
| 29 | of a district court of appeal unless the person is, and has been |
| 30 | for the preceding ten years, a member of the bar of Florida. No |
| 31 | person is eligible for the office of circuit judge unless the |
| 32 | person is, and has been for the preceding eight five years, a |
| 33 | member of the bar of Florida. Unless otherwise provided by |
| 34 | general law, no person is eligible for the office of county |
| 35 | court judge unless the person is, and has been for the preceding |
| 36 | eight five years, a member of the bar of Florida. Unless |
| 37 | otherwise provided by general law, a person shall be eligible |
| 38 | for election or appointment to the office of county court judge |
| 39 | in a county having a population of 40,000 or less if the person |
| 40 | is a member in good standing of the bar of Florida. |
| 41 | ARTICLE |
| 42 | SCHEDULE XII |
| 43 | SECTION 32. Qualifications of circuit and county court |
| 44 | judges.-The amendment to Section 8 of Article V changing the |
| 45 | qualifications of circuit judges and county court judges shall |
| 46 | take effect January 9, 2013. The amendment does not affect any |
| 47 | judge in office on the effective date of the amendment. Any |
| 48 | judge qualified to hold office and in office on January 8, 2013, |
| 49 | may remain in office and seek reelection to that office |
| 50 | regardless of whether the judge has been a member of the bar of |
| 51 | Florida for the previous eight years. |
| 52 | BE IT FURTHER RESOLVED that the following statement be |
| 53 | placed on the ballot: |
| 54 | CONSTITUTIONAL AMENDMENT |
| 55 | ARTICLE V, SECTION 8 |
| 56 | ARTICLE XII, SECTION 32 |
| 57 | INCREASING THE QUALIFICATIONS FOR THE OFFICES OF CIRCUIT |
| 58 | COURT AND COUNTY COURT JUDGES.-The State Constitution currently |
| 59 | prohibits a person from serving as a circuit court judge unless |
| 60 | the person is, and has been for the proceeding 5 years, a member |
| 61 | of The Florida Bar. This same prohibition applies to county |
| 62 | court judges, except in counties having a population of 40,000 |
| 63 | or fewer, where a person need only be a member in good standing |
| 64 | of The Florida Bar. This proposed amendment increases to 8 years |
| 65 | the period of time that a person must be a member of The Florida |
| 66 | Bar before serving as a circuit court judge or a county court |
| 67 | judge in any county, to take effect January 1, 2013. The |
| 68 | increased qualifications do not apply to county court or circuit |
| 69 | court judges qualified to hold office and in office on January |
| 70 | 8, 2013, or to persons seeking to be elected to the office of |
| 71 | county court or circuit court judge during the November 2012 |
| 72 | general election or any special election held prior to such |
| 73 | general election. |