Senate Bill 0396

    Florida Senate - 2000                                  SJR 396

    By Senator Cowin





    11-399-00

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 11 of Article V of the State

  4         Constitution to make meetings of judicial

  5         nominating commissions open to the public.

  6

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

  8

  9         That the following amendment to Section 11 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 called for that purpose:

14                            ARTICLE V

15                            JUDICIARY

16         SECTION 11.  Vacancies.--

17         (a)  Whenever a vacancy occurs in a judicial office to

18  which election for retention applies, the governor shall fill

19  the vacancy by appointing for a term ending on the first

20  Tuesday after the first Monday in January of the year

21  following the next general election occurring at least one

22  year after the date of appointment, one of not fewer than

23  three persons nor more than six persons nominated by the

24  appropriate judicial nominating commission.

25         (b)  The governor shall fill each vacancy on a circuit

26  court or on a county court, wherein the judges are elected by

27  a majority vote of the electors, by appointing for a term

28  ending on the first Tuesday after the first Monday in January

29  of the year following the next primary and general election

30  occurring at least one year after the date of appointment, one

31  of not fewer than three persons nor more than six persons

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






    Florida Senate - 2000                                  SJR 396
    11-399-00




  1  nominated by the appropriate judicial nominating commission.

  2  An election shall be held to fill that judicial office for the

  3  term of the office beginning at the end of the appointed term.

  4         (c)  The nominations shall be made within thirty days

  5  from the occurrence of a vacancy unless the period is extended

  6  by the governor for a time not to exceed thirty days.  The

  7  governor shall make the appointment within sixty days after

  8  the nominations have been certified to the governor.

  9         (d)  There shall be a separate judicial nominating

10  commission as provided by general law for the supreme court,

11  each district court of appeal, and each judicial circuit for

12  all trial courts within the circuit.  Uniform rules of

13  procedure shall be established by the judicial nominating

14  commissions at each level of the court system.  Such rules, or

15  any part thereof, may be repealed by general law enacted by a

16  majority vote of the membership of each house of the

17  legislature, or by the supreme court, five justices

18  concurring. Except as provided by general law, all meetings

19  for deliberations of the judicial nominating commissions, the

20  proceedings of the commissions and their records shall be open

21  to the public.

22         BE IT FURTHER RESOLVED that the following statement be

23  placed on the ballot:

24                     CONSTITUTIONAL AMENDMENT

25                      ARTICLE V, SECTION 11

26         MEETINGS OF JUDICIAL NOMINATING COMMISSIONS.--Proposing

27  an amendment to the State Constitution to require that all

28  meetings of judicial nominating commissions be open to the

29  public, except as provided by general law.

30

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