Senate Bill 1272
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Florida Senate - 1998 SJR 1272
By Senator Ostalkiewicz
12-841-98 See HJR
1 Senate Joint Resolution No.
2 A joint resolution proposing an amendment to
3 Section 12 of Article V of the State
4 Constitution relating to recall of justices and
5 judges.
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7 Be It Resolved by the Legislature of the State of Florida:
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9 That the amendment to Section 12 of Article V of the
10 State Constitution set forth below is agreed to and shall be
11 submitted to the electors of Florida for approval or rejection
12 at the general election to be held in November 1998:
13 SECTION 12. Discipline; removal and retirement;
14 recall.--
15 (a) JUDICIAL QUALIFICATIONS COMMISSION.--A judicial
16 qualifications commission is created.
17 (1) There shall be a judicial qualifications
18 commission vested with jurisdiction to investigate and
19 recommend to the Supreme Court of Florida the removal from
20 office of any justice or judge whose conduct, during term of
21 office or otherwise occurring on or after November 1, 1966,
22 (without regard to the effective date of this section)
23 demonstrates a present unfitness to hold office, and to
24 investigate and recommend the discipline of a justice or judge
25 whose conduct, during term of office or otherwise occurring on
26 or after November 1, 1966 (without regard to the effective
27 date of this section), warrants such discipline. For purposes
28 of this section, discipline is defined as any or all of the
29 following: reprimand, fine, suspension with or without pay, or
30 lawyer discipline. The commission shall have jurisdiction over
31 justices and judges regarding allegations that misconduct
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Florida Senate - 1998 SJR 1272
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1 occurred before or during service as a justice or judge if a
2 complaint is made no later than one year following service as
3 a justice or judge. The commission shall have jurisdiction
4 regarding allegations of incapacity during service as a
5 justice or judge. The commission shall be composed of:
6 a. Two judges of district courts of appeal selected by
7 the judges of those courts, two circuit judges selected by the
8 judges of the circuit courts and two judges of county courts
9 selected by the judges of those courts;
10 b. Four electors who reside in the state, who are
11 members of the bar of Florida, and who shall be chosen by the
12 governing body of the bar of Florida; and
13 c. Five electors who reside in the state, who have
14 never held judicial office or been members of the bar of
15 Florida, and who shall be appointed by the governor.
16 (2) The members of the judicial qualifications
17 commission shall serve staggered terms, not to exceed six
18 years, as prescribed by general law. No member of the
19 commission except a judge shall be eligible for state judicial
20 office while acting as a member of the commission and for a
21 period of two years thereafter. No member of the commission
22 shall hold office in a political party or participate in any
23 campaign for judicial office or hold public office; provided
24 that a judge may campaign for judicial office and hold that
25 office. The commission shall elect one of its members as its
26 chairperson.
27 (3) Members of the judicial qualifications commission
28 not subject to impeachment shall be subject to removal from
29 the commission pursuant to the provisions of Article IV,
30 Section 7, Florida Constitution.
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Florida Senate - 1998 SJR 1272
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1 (4) The commission shall adopt rules regulating its
2 proceedings, the filling of vacancies by the appointing
3 authorities, the disqualification of members, the rotation of
4 members between the panels, and the temporary replacement of
5 disqualified or incapacitated members. The commission's
6 rules, or any part thereof, may be repealed by general law
7 enacted by a majority vote of the membership of each house of
8 the legislature, or by the supreme court, five justices
9 concurring. The commission shall have power to issue
10 subpoenas. Until formal charges against a justice or judge are
11 filed by the investigative panel with the clerk of the supreme
12 court of Florida all proceedings by or before the commission
13 shall be confidential; provided, however, upon a finding of
14 probable cause and the filing by the investigative panel with
15 said clerk of such formal charges against a justice or judge
16 such charges and all further proceedings before the commission
17 shall be public.
18 (5) The commission shall have access to all
19 information from all executive, legislative and judicial
20 agencies, including grand juries, subject to the rules of the
21 commission. At any time, on request of the speaker of the
22 house of representatives or the governor, the commission shall
23 make available all information in the possession of the
24 commission for use in consideration of impeachment or
25 suspension, respectively.
26 (b) PANELS.--The commission shall be divided into an
27 investigative panel and a hearing panel as established by rule
28 of the commission. The investigative panel is vested with the
29 jurisdiction to receive or initiate complaints, conduct
30 investigations, dismiss complaints, and upon a vote of a
31 simple majority of the panel submit formal charges to the
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Florida Senate - 1998 SJR 1272
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1 hearing panel. The hearing panel is vested with the authority
2 to receive and hear formal charges from the investigative
3 panel and upon a two-thirds vote of the panel recommend to the
4 supreme court the removal of a justice or judge or the
5 involuntary retirement of a justice or judge for any permanent
6 disability that seriously interferes with the performance of
7 judicial duties. Upon a simple majority vote of the membership
8 of the hearing panel, the panel may recommend to the supreme
9 court that the justice or judge be subject to appropriate
10 discipline.
11 (c) SUPREME COURT.--The supreme court shall receive
12 recommendations from the judicial qualifications commission's
13 hearing panel.
14 (1) The supreme court may accept, reject, or modify in
15 whole or in part the findings, conclusions, and
16 recommendations of the commission and it may order that the
17 justice or judge be subjected to appropriate discipline, or be
18 removed from office with termination of compensation for
19 willful or persistent failure to perform judicial duties or
20 for other conduct unbecoming a member of the judiciary
21 demonstrating a present unfitness to hold office, or be
22 involuntarily retired for any permanent disability that
23 seriously interferes with the performance of judicial duties.
24 Malafides, scienter or moral turpitude on the part of a
25 justice or judge shall not be required for removal from office
26 of a justice or judge whose conduct demonstrates a present
27 unfitness to hold office. After the filing of a formal
28 proceeding and upon request of the investigative panel, the
29 supreme court may suspend the justice or judge from office,
30 with or without compensation, pending final determination of
31 the inquiry.
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1 (2) The supreme court may award costs to the
2 prevailing party.
3 (d) The power of removal conferred by this section
4 shall be both alternative and cumulative to the power of
5 impeachment.
6 (e) Notwithstanding any of the foregoing provisions of
7 this section, if the person who is the subject of proceedings
8 by the judicial qualifications commission is a justice of the
9 supreme court of Florida all justices of such court
10 automatically shall be disqualified to sit as justices of such
11 court with respect to all proceedings therein concerning such
12 person and the supreme court for such purposes shall be
13 composed of a panel consisting of the seven chief judges of
14 the judicial circuits of the state of Florida most senior in
15 tenure of judicial office as circuit judge. For purposes of
16 determining seniority of such circuit judges in the event
17 there be judges of equal tenure in judicial office as circuit
18 judge the judge or judges from the lower numbered circuit or
19 circuits shall be deemed senior. In the event any such chief
20 circuit judge is under investigation by the judicial
21 qualifications commission or is otherwise disqualified or
22 unable to serve on the panel, the next most senior chief
23 circuit judge or judges shall serve in place of such
24 disqualified or disabled chief circuit judge.
25 (f) RECALL.--
26 (1) Any justice or judge may be removed from office by
27 petition and recall election.
28 (2) Justices and judges serving a term approved by
29 retention or contested election shall be submitted to recall
30 election upon petition of a number of qualified electors that
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1 is equal to eight percent of the number of votes cast in the
2 election that approved the term in question.
3 (3) Justices and judges serving a term not approved by
4 retention or contested general election shall be submitted to
5 recall election upon petition of a number of qualified
6 electors as follows: 100,000, if a supreme court justice;
7 20,000, if a district court of appeal judge; eight percent of
8 the number of votes cast in the last preceding contested
9 general election for state attorney or circuit court judge in
10 which a state attorney or circuit court judge was elected in
11 the circuit, if a circuit court judge; and eight percent of
12 the number of votes cast in the last preceding contested
13 general election for sheriff or county court judge in which a
14 sheriff or county court judge was elected in the county, if a
15 county court judge.
16 (4) Recall petitions may be submitted by qualified
17 electors who reside anywhere in the state for supreme court
18 justices, anywhere in the district for district court of
19 appeal judges, anywhere in the circuit for circuit court
20 judges, and anywhere in the county for county court judges.
21 The recall election shall be limited to those electors who
22 would be qualified to vote in an election for the justice or
23 judge who is the subject of the recall election.
24 (5) Recall petitions shall not be required to state
25 the reason for recall.
26 (6) Recall elections shall be conducted not later than
27 on the day of the next succeeding primary or general election
28 that is conducted more than ninety days after the election
29 official prescribed by law has certified sufficient signed
30 petitions to initiate an election, except that no recall
31 election shall be held if the justice or judge subject to
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Florida Senate - 1998 SJR 1272
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1 recall is seeking reelection or retention at the same primary
2 or general election.
3 (7) The legislature shall regulate judicial recall
4 elections by general law in a manner not inconsistent with
5 this section.
6 (g)(f) SCHEDULE TO SECTION 12.--
7 (1) Except to the extent inconsistent with the
8 provisions of this section, all provisions of law and rules of
9 court in force on the effective date of this article shall
10 continue in effect until superseded in the manner authorized
11 by the constitution.
12 (2) After this section becomes effective and until
13 adopted by rule of the commission consistent with it:
14 a. The commission shall be divided, as determined by
15 the chairperson, into one investigative panel and one hearing
16 panel to meet the responsibilities set forth in this section.
17 b. The investigative panel shall be composed of:
18 1. Four judges,
19 2. Two members of the bar of Florida, and
20 3. Three non-lawyers.
21 c. The hearing panel shall be composed of:
22 1. Two judges,
23 2. Two members of the bar of Florida, and
24 3. Two non-lawyers.
25 d. Membership on the panels may rotate in a manner
26 determined by the rules of the commission provided that no
27 member shall vote as a member of the investigative and hearing
28 panel on the same proceeding.
29 e. The commission shall hire separate staff for each
30 panel.
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Florida Senate - 1998 SJR 1272
12-841-98 See HJR
1 f. The members of the commission shall serve for
2 staggered terms of six years.
3 g. The terms of office of the present members of the
4 judicial qualifications commission shall expire upon the
5 effective date of the amendments to this section approved by
6 the legislature during the regular session of the legislature
7 in 1996 and new members shall be appointed to serve the
8 following staggered terms:
9 1. Group I.--The terms of five members, composed of
10 two electors as set forth in s. 12(a)(1)c. of Article V, one
11 member of the bar of Florida as set forth in s. 12(a)(1)b. of
12 Article V, one judge from the district courts of appeal and
13 one circuit judge as set forth in s. 12(a)(1)a. of Article V,
14 shall expire on December 31, 1998.
15 2. Group II.--The terms of five members, composed of
16 one elector as set forth in s. 12(a)(1)c. of Article V, one
17 member of the bar of Florida as set forth in s. 12(a)(1)b. of
18 Article V, one circuit judge and one county judge as set forth
19 in s. 12(a)(1)a. of Article V shall expire on December 31,
20 2000.
21 3. Group III.--The terms of five members, composed of
22 two electors as set forth in s. 12(a)(1)c. of Article V, one
23 member of the bar of Florida as set forth in s. 12(a)(1)b.,
24 one judge from the district courts of appeal and one county
25 judge as set forth in s. 12(a)(1)a. of Article V, shall expire
26 on December 31, 2002.
27 h. An appointment to fill a vacancy of the commission
28 shall be for the remainder of the term.
29 i. Selection of members by district courts of appeal
30 judges, circuit judges, and county court judges, shall be by
31 no less than a majority of the members voting at the
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Florida Senate - 1998 SJR 1272
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1 respective courts' conferences. Selection of members by the
2 board of governors of the bar of Florida shall be by no less
3 than a majority of the board.
4 j. The commission shall be entitled to recover the
5 costs of investigation and prosecution, in addition to any
6 penalty levied by the supreme court.
7 k. The compensation of members and referees shall be
8 the travel expenses or transportation and per diem allowance
9 as provided by general law.
10 BE IT FURTHER RESOLVED that in accordance with the
11 requirements of section 101.161, Florida Statutes, the title
12 and substance of the amendment proposed herein shall appear on
13 the ballot as follows:
14 RECALL OF JUSTICES AND JUDGES
15 Provides that supreme court justices, district court of
16 appeal judges, circuit court judges, and county court judges
17 may be subject to recall election upon submission of petitions
18 signed by a specified number of electors.
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