House Bill 4759

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    Florida House of Representatives - 1998               HJR 4759

        By Representative Bainter






  1                      House Joint Resolution

  2         A joint resolution proposing amendments to

  3         Sections 3 and 10 of Article V of the State

  4         Constitution relating to election of Supreme

  5         Court justices and judges of appellate courts,

  6         judicial terms and term limits, and the right

  7         of judicial candidates to campaign on issues.

  8

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

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11         That the amendments to Sections 3 and 10 of Article V

12  of the State Constitution set forth below are agreed to and

13  shall be submitted to the electors of Florida for approval or

14  rejection at the next general election to be held in November

15  1998 or at an earlier special election specifically authorized

16  by law for that purpose:

17         SECTION 3.  Supreme court.--

18         (a)  ORGANIZATION.--The supreme court shall consist of

19  seven justices elected from single-justice districts,

20  established by general law. Of the seven justices, each

21  appellate district shall have at least one justice elected or

22  appointed from the district to the supreme court who is a

23  resident of the district at the time of his original

24  appointment or election. Five justices shall constitute a

25  quorum.  The concurrence of four justices shall be necessary

26  to a decision. When recusals for cause would prohibit the

27  court from convening because of the requirements of this

28  section, judges assigned to temporary duty may be substituted

29  for justices.

30         (b)  JURISDICTION.--The supreme court:

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    Florida House of Representatives - 1998               HJR 4759

    143-239A-98






  1         (1)  Shall hear appeals from final judgments of trial

  2  courts imposing the death penalty and from decisions of

  3  district courts of appeal declaring invalid a state statute or

  4  a provision of the state constitution.

  5         (2)  When provided by general law, shall hear appeals

  6  from final judgments entered in proceedings for the validation

  7  of bonds or certificates of indebtedness and shall review

  8  action of statewide agencies relating to rates or service of

  9  utilities providing electric, gas, or telephone service.

10         (3)  May review any decision of a district court of

11  appeal that expressly declares valid a state statute, or that

12  expressly construes a provision of the state or federal

13  constitution, or that expressly affects a class of

14  constitutional or state officers, or that expressly and

15  directly conflicts with a decision of another district court

16  of appeal or of the supreme court on the same question of law.

17         (4)  May review any decision of a district court of

18  appeal that passes upon a question certified by it to be of

19  great public importance, or that is certified by it to be in

20  direct conflict with a decision of another district court of

21  appeal.

22         (5)  May review any order or judgment of a trial court

23  certified by the district court of appeal in which an appeal

24  is pending to be of great public importance, or to have a

25  great effect on the proper administration of justice

26  throughout the state, and certified to require immediate

27  resolution by the supreme court.

28         (6)  May review a question of law certified by the

29  Supreme Court of the United States or a United States Court of

30  Appeals which is determinative of the cause and for which

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    Florida House of Representatives - 1998               HJR 4759

    143-239A-98






  1  there is no controlling precedent of the supreme court of

  2  Florida.

  3         (7)  May issue writs of prohibition to courts and all

  4  writs necessary to the complete exercise of its jurisdiction.

  5         (8)  May issue writs of mandamus and quo warranto to

  6  state officers and state agencies.

  7         (9)  May, or any justice may, issue writs of habeas

  8  corpus returnable before the supreme court or any justice, a

  9  district court of appeal or any judge thereof, or any circuit

10  judge.

11         (10)  Shall, when requested by the attorney general

12  pursuant to the provisions of Section 10 of Article IV, render

13  an advisory opinion of the justices, addressing issues as

14  provided by general law.

15         (c)  CLERK AND MARSHAL.--The supreme court shall

16  appoint a clerk and a marshal who shall hold office during the

17  pleasure of the court and perform such duties as the court

18  directs. Their compensation shall be fixed by general law.

19  The marshal shall have the power to execute the process of the

20  court throughout the state, and in any county may deputize the

21  sheriff or a deputy sheriff for such purpose.

22         SECTION 10.  Election; retention; election and terms.--

23         (a)  Supreme court justices shall be elected for a term

24  of eight years by vote of the qualified electors within

25  single-justice supreme court election districts. The

26  territorial limits of such districts shall be prescribed by

27  law. Each supreme court justice shall exercise jurisdiction

28  throughout the state, without regard to the election district

29  from which he or she was elected. Any justice of the supreme

30  court or any judge of a district court of appeal may qualify

31  for retention by a vote of the electors in the general

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    Florida House of Representatives - 1998               HJR 4759

    143-239A-98






  1  election next preceding the expiration of his term in the

  2  manner prescribed by law.  If a justice or judge is ineligible

  3  or fails to qualify for retention, a vacancy shall exist in

  4  that office upon the expiration of the term being served by

  5  the justice or judge.  When a justice of the supreme court or

  6  a judge of a district court of appeal so qualifies, the ballot

  7  shall read substantially as follows: "Shall Justice (or Judge)

  8  ...(name of justice or judge)... of the ...(name of the

  9  court)... be retained in office?" If a majority of the

10  qualified electors voting within the territorial jurisdiction

11  of the court vote to retain, the justice or judge shall be

12  retained for a term of six years commencing on the first

13  Tuesday after the first Monday in January following the

14  general election.  If a majority of the qualified electors

15  voting within the territorial jurisdiction of the court vote

16  to not retain, a vacancy shall exist in that office upon the

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

18         (b)  Judges of a district court of appeal, circuit

19  judges, and judges of county courts shall be elected by vote

20  of the qualified electors within single-judge districts

21  established by general law within the territorial jurisdiction

22  of their respective courts. Each judge of a district court of

23  appeal, circuit judge, or judge of a county court shall

24  exercise jurisdiction throughout the territorial limits of the

25  court on which such judge serves. The terms of judges of a

26  district court of appeal, circuit judges, and shall be for six

27  years.  The terms of judges of county courts shall be for

28  eight four years.

29         (c)  Supreme court justices, district court of appeal

30  judges, circuit judges, and judges of county courts shall

31  serve no more than one term of eight years from the same

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    Florida House of Representatives - 1998               HJR 4759

    143-239A-98






  1  single-justice or single-judge district. For the purpose of

  2  this subsection, service to fill a vacancy in office by

  3  appointment to a term that includes any portion of more than

  4  four separate calendar years shall be considered a term

  5  served. The term served by appointment shall be deemed to have

  6  commenced on the date the vacancy in office occurs.

  7         (d)  A candidate for any judicial office may not be

  8  precluded from taking a public position on issues.

  9         BE IT FURTHER RESOLVED that in accordance with the

10  requirements of section 101.161, Florida Statutes, the title

11  and substance of the amendment proposed herein shall appear on

12  the ballot as follows:

13             ELECTION OF JUSTICES, APPELLATE JUDGES;

14             JUDICIAL ELECTIONS, TERMS, TERM LIMITS;

15                   RIGHT TO CAMPAIGN ON ISSUES

16         Substitutes single-member district election of

17  appellate judges for merit selection and retention of such

18  judges. Requires trial court judges to run from single-member

19  districts. Increases terms of all judges to 8 years. Limits

20  all justices or judges to one term from the same single-member

21  district. Guarantees judicial candidates' right to address

22  issues. Provides for redistricting of all courts by general

23  law. Permits exercise of jurisdiction throughout its

24  territorial limits by all judges of a court.

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