Senate Bill 2000c1

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



    Florida Senate - 1999                           CS for SB 2000

    By the Committee on Judiciary and Senator Cowin





    308-2067-99

  1                      A bill to be entitled

  2         An act relating to judicial nominating

  3         commissions; creating s. 43.291, F.S.;

  4         providing for the appointment of members to

  5         each judicial nominating commission;

  6         prohibiting judges from serving; restricting

  7         the appointment of members and former members

  8         to judicial offices; providing for terms;

  9         prohibiting reappointment with certain

10         exceptions; abolishing prior offices; providing

11         for suspension or removal; requiring

12         consideration of race, gender, and geographical

13         diversity of membership; requiring

14         consideration of county representation on

15         circuit judicial nominating commissions;

16         providing an appropriation; repealing s. 43.29,

17         F.S., relating to judicial nominating

18         commissions; providing effective dates.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Section 43.291, Florida Statutes, is

23  created to read:

24         43.291  Judicial nominating commissions.--

25         (1)  On and after July 1, 1999, each judicial

26  nominating commission shall be composed of the following:

27         (a)  Three members appointed by the Board of Governors

28  of The Florida Bar from among the members of The Florida Bar

29  who are actively engaged in the practice of law and who have

30  offices situated within the territorial jurisdiction of the

31  affected court, each of whom shall be appointed for a term of

                                  1

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






    Florida Senate - 1999                           CS for SB 2000
    308-2067-99




  1  4 years, beginning upon the expiration of the terms of members

  2  appointed under s. 43.29(1)(a) or under this paragraph.

  3         (b)  Three electors who reside in the territorial

  4  jurisdiction of the affected court, appointed by the Governor,

  5  for terms beginning July 1 next following the election of a

  6  Governor; and

  7         (c)  Three electors who reside in the territorial

  8  jurisdiction of the affected court and who are not members of

  9  The Florida Bar, selected and appointed for a term of 4 years

10  beginning August 1 next following the election of Governor, by

11  a majority vote of the members of the commission appointed

12  under paragraphs (a) and (b) and s. 43.29(1)(a).

13         (2)  A justice or judge may not be a member of a

14  judicial nominating commission.  A member of a judicial

15  nominating commission may hold public office other than

16  judicial office.  A member of a judicial nominating commission

17  is ineligible for appointment to any judicial office in the

18  state either during such term of membership or for a period of

19  2 years thereafter.  All acts of a judicial nominating

20  commission must be made with a concurrence of a majority of

21  its members.

22         (3)  Except as otherwise provided in this section, a

23  member of a judicial nominating commission shall be appointed

24  to serve a term of 4 years and is ineligible for consecutive

25  reappointment.  The office of any member of a judicial

26  nominating commission appointed under s. 43.29(1)(b) or (1)(c)

27  before the effective date of this act is abolished upon the

28  effective date of this act and is replaced by those offices

29  created by and appointed under paragraphs (b) and (c). Any

30  member of a judicial nominating commission who does not

31  complete a 4-year term because of the enactment of this

                                  2

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






    Florida Senate - 1999                           CS for SB 2000
    308-2067-99




  1  section may be reappointed to serve a new term. A member of a

  2  judicial nominating commission may be suspended by the

  3  Governor for cause, pursuant to uniform rules of procedure

  4  established by the Executive Office of the Governor and

  5  consistent with s. 7, Art. IV of the State Constitution, and

  6  thereafter be removed by the Senate.

  7         (4)  Each appointing authority shall consider whether

  8  the existing commission members, together with potential

  9  appointees, reflect the racial, ethnic, and gender diversity,

10  as well as the geographic distribution, of the population

11  within the territorial jurisdiction of the court for which

12  they are making nominations.  The appointing authorities for

13  the judicial nominating commission for each of the judicial

14  circuits shall also consider the adequacy of representation of

15  each county within the judicial circuit.

16         Section 2.  There is appropriated $25,000 from the

17  General Revenue Fund to the Executive Office of the Governor

18  to provide travel costs for training to members of the

19  judicial nominating commission.

20         Section 3.  Effective July 1, 1999, section 43.29,

21  Florida Statutes, is repealed. Any member appointed after July

22  1, 1999, shall serve until July 1, 2002. Thereafter, the

23  members appointed by the Governor shall serve only until July

24  1 of the year in which the Governor is elected.

25         Section 4.  Except as otherwise expressively provided

26  in this act, this act shall take effect upon becoming a law.

27

28

29

30

31

                                  3

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






    Florida Senate - 1999                           CS for SB 2000
    308-2067-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2000

  3
     sscp> The committee substitute repeals s. 43.29, Florida Statutes
  4             and creates s. 43.291, Florida Statutes.

  5  The new section 43.291, Florida Statutes, requires that the
    entities appointing members to judicial nominating commissions
  6  after July 1, 1999 consider whether the commission will
    reflect the "racial, ethnic, and gender diversity" of the
  7  population within the territorial jurisdiction of the court
    for which nominations are to be made.
  8
    The appointing entities are also to consider the "adequacy of
  9  representation of each county within the judicial circuit."

10  The members appointed by the Florida Bar are to be appointed
    for a term of four years beginning at the expiration of the
11  terms of current members.

12  The three electors appointed by the Governor will serve four
    year terms beginning July 1 following the election of a
13  Governor.

14  The terms of the three members appointed by the other six will
    be for four years beginning on August 1 following the election
15  of the Governor.

16  Justices and judges are prohibited from serving on judicial
    nomination commissions; however, a member may continue to hold
17  any other public office.

18  A member of the judicial nominating commission is prohibited
    from accepting appointment to any judicial office in the state
19  while they are a member of a commission and for two years
    after the end of their term of office.
20
    Every position currently held by an appointee of the Governor
21  of an appointee selected jointly by the Governor's appointees
    and the Florida Bar appointees are abolished on the effective
22  date of the act but may be reappointed to serve a new term if
    they have not served a full four year term.
23
    A member may be suspended by the Governor for cause pursuant
24  to rules established by the Governor's Office consistent with
    s. 7, Art. IV of the State Constitution. The Senate may
25  thereafter remove the appointee.

26

27

28

29

30

31

                                  4