Senate Bill 1588

    Florida Senate - 1998                                 SJR 1588

    By Senator Dudley





    25-925-98

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 10 of Article V of the State

  4         Constitution to allow a candidate for judicial

  5         office to take a public position on issues.

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

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  9         That the following amendment to Section 10 of Article V

10  of the State Constitution is agreed to and shall be submitted

11  to the electors of this state for approval or rejection at the

12  next general election or at an earlier special election

13  specifically authorized by law for that purpose:

14                            ARTICLE V

15                            JUDICIARY

16         SECTION 10.  Retention; election and terms.--

17         (a)  Any justice of the supreme court or any judge of a

18  district court of appeal may qualify for retention by a vote

19  of the electors in the general election next preceding the

20  expiration of his term in the manner prescribed by law.  If a

21  justice or judge is ineligible or fails to qualify for

22  retention, a vacancy shall exist in that office upon the

23  expiration of the term being served by the justice or judge.

24  When a justice of the supreme court or a judge of a district

25  court of appeal so qualifies, the ballot shall read

26  substantially as follows: "Shall Justice (or Judge) ...(name

27  of justice or judge)... of the ...(name of the court)... be

28  retained in office?" If a majority of the qualified electors

29  voting within the territorial jurisdiction of the court vote

30  to retain, the justice or judge shall be retained for a term

31  of six years commencing on the first Tuesday after the first

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






    Florida Senate - 1998                                 SJR 1588
    25-925-98




  1  Monday in January following the general election.  If a

  2  majority of the qualified electors voting within the

  3  territorial jurisdiction of the court vote to not retain, a

  4  vacancy shall exist in that office upon the expiration of the

  5  term being served by the justice or judge.

  6         (b)  Circuit judges and judges of county courts shall

  7  be elected by vote of the qualified electors within the

  8  territorial jurisdiction of their respective courts.  The

  9  terms of circuit judges shall be for six years.  The terms of

10  judges of county courts shall be for four years.

11         (c)  A candidate for any judicial office may not be

12  precluded from taking a public position on issues.

13         BE IT FURTHER RESOLVED that the following statement be

14  placed on the ballot:

15                     CONSTITUTIONAL AMENDMENT

16                      ARTICLE V, SECTION 10

17         JUDICIAL CANDIDATES.--Proposing an amendment to the

18  State Constitution to allow candidates for judicial offices to

19  take public positions on issues.

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