Senate Bill 0078

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    Florida Senate - 2000                                    SB 78

    By Senator Rossin





    35-28-00

  1                      A bill to be entitled

  2         An act relating to judicial nominating

  3         commissions; amending s. 43.29, F.S.; requiring

  4         appointing authorities to attempt to ensure

  5         that commissions' membership is representative

  6         of racial, ethnic, and gender diversity and

  7         geographic distribution of the population

  8         within the territorial jurisdiction of the

  9         court; requiring appointing authorities to

10         attempt to ensure the adequacy of

11         representation of counties within judicial

12         circuits; providing an effective date.

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

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16         Section 1.  Section 43.29, Florida Statutes, is amended

17  to read:

18         43.29  Judicial nominating commissions.--

19         (1)  Each judicial nominating commission shall be

20  composed of the following:

21         (a)  Three members, at least one of whom must be a

22  member of a racial or ethnic minority group or a woman,

23  appointed by the Board of Governors of The Florida Bar from

24  among The Florida Bar members who are actively engaged in the

25  practice of law with offices within the territorial

26  jurisdiction of the affected court, or in the district or

27  circuit;

28         (b)  Three electors, at least one of whom must be a

29  member of a racial or ethnic minority group or a woman, who

30  reside in the territorial jurisdiction of the court or in the

31  circuit appointed by the Governor; and

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    Florida Senate - 2000                                    SB 78
    35-28-00




  1         (c)  Three electors, at least one of whom must be a

  2  member of a racial or ethnic minority group or a woman, who

  3  reside in the territorial jurisdiction of the court or in the

  4  circuit and who are not members of the bar of Florida,

  5  selected and appointed by a majority vote of the other six

  6  members of the commission.

  7         (2)  No justice or judge may be a member of a judicial

  8  nominating commission.  A member of a judicial nominating

  9  commission may hold public office other than judicial office.

10  A member of a judicial nominating commission is not eligible

11  for appointment to the state judicial office for which that

12  commission has the authority to make nominations, either

13  during such term of membership or for a period of 2 years

14  thereafter.  All acts of a judicial nominating commission

15  shall be made with a concurrence of a majority of its members.

16         (3)  A member of a judicial nominating commission shall

17  serve a term of 4 years and is not eligible for consecutive

18  reappointment.  A member of a judicial nominating commission

19  may be suspended by the Governor and removed by the Senate for

20  cause pursuant to uniform rules of procedure established by

21  the judicial nominating commissions consistent with s. 7, Art.

22  IV of the State Constitution.

23         (4)  Each appointing authority, in making new

24  appointments, shall attempt to ensure that the membership of

25  the commission is representative of the racial, ethnic, and

26  gender diversity and the geographic distribution of the

27  population within the territorial jurisdiction of the court

28  for which the appointments are made. The appointing authority

29  for the judicial nominating commission for each judicial

30  circuit shall attempt to ensure the adequacy of representation

31  of each county within the judicial circuit.

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    Florida Senate - 2000                                    SB 78
    35-28-00




  1         Section 2.  This act shall take effect July 1, 2000.

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  4                          SENATE SUMMARY

  5    Requires an appointing authority, when appointing members
      of a judicial nominating commission, to attempt to ensure
  6    that the membership of the commission is representative
      of the racial, ethnic, and gender diversity and
  7    geographic distribution of the population within the
      territorial jurisdiction of the court. Requires such
  8    authorities to attempt to ensure the adequacy of the
      representation of each county within a judicial circuit.
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