Senate Bill 0826

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    Florida Senate - 2000                                   SB 826

    By Senator Grant





    13-422B-00

  1                      A bill to be entitled

  2         An act relating to judicial nominating

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

  4         for the appointment of members to judicial

  5         nominating commissions; prohibiting justices

  6         and judges from serving; providing for terms;

  7         prohibiting reappointment; providing for

  8         suspension or removal; providing for filling of

  9         vacancies; requiring appointing authorities to

10         seek to ensure racial, ethnic, gender, and

11         geographical diversity of membership; requiring

12         consideration of county representation on

13         circuit judicial nominating commissions;

14         requiring concurrence of a majority for

15         commission actions; providing a severability

16         clause; providing an effective date.

17

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

19

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

21  to read:

22         (Substantial rewording of section. See s. 43.29, F.S.,

23         for present text.)

24         43.29  Judicial nominating commissions.--

25         (1)(a)  A member of The Florida Bar who was a member of

26  a judicial nominating commission on June 30, 2000, shall

27  continue to serve on the commission for the remainder of the

28  appointed term. Upon the expiration of the appointed term, or

29  if such member cannot complete the term, the Board of

30  Governors of The Florida Bar shall appoint another member of

31  The Florida Bar for a term ending June 30, 2003.

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    Florida Senate - 2000                                   SB 826
    13-422B-00




  1         (b)1.  An elector who was appointed by the Governor as

  2  a member of a judicial nominating commission on or after

  3  January 5, 1999, shall continue to serve on the commission

  4  until June 30, 2003. If such member cannot complete the term,

  5  the Governor shall appoint another elector for a term ending

  6  June 30, 2003.

  7         2.  The term of an elector appointed by the Governor

  8  prior to January 5, 1999, shall end on June 30, 2000. The

  9  Governor shall appoint another elector for a term ending June

10  30, 2003.

11         (c)  An elector who was appointed by a majority vote of

12  the other six members of the commission and was serving on the

13  commission on June 30, 2000, shall continue to serve on the

14  commission for the remainder of the appointed term. Upon the

15  expiration of the appointed term or if the the member cannot

16  complete the term, the other six members shall select a

17  successor elector for a term ending June 30, 2003.

18         (2)  In addition to the appointments provided in

19  subsection (1), the Governor may also appoint to a Circuit

20  Court Judicial Nominating Commission an alternate member who

21  is a resident of a county in which no other member of the

22  commission resides.  Alternate members shall be appointed by

23  August 1 and serve a term ending June 30, 2003. An alternate

24  member appointed pursuant to this paragraph shall serve in

25  place of one member appointed by the Governor, as designated

26  by the Governor, whenever the commission is filling a vacancy

27  on the County Court for the county of which such alternate

28  member is a resident. An alternate member shall participate,

29  without voting, in any meeting concerning a vacancy on the

30  Circuit Court.

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    Florida Senate - 2000                                   SB 826
    13-422B-00




  1         (3)  No justice or judge may be a member of a judicial

  2  nominating commission. A member of a judicial nominating

  3  commission may hold public office other than judicial office.

  4  A member of a judicial nominating commission is not eligible

  5  for appointment to any state judicial office either during

  6  such term of membership or for a period of 2 years thereafter.

  7         (4)  A member of a judicial nominating commission is

  8  not eligible for consecutive reappointment. For cause, a

  9  member of a judicial nominating commission may be suspended by

10  the Governor pursuant to uniform rules of procedure

11  established by the Executive Office of the Governor consistent

12  with s. 7, Art. IV of the State Constitution and thereafter

13  removed by the Senate. Any vacancy that occurs before June 30,

14  2003, may be filled by the appointing authority for a term

15  ending June 30, 2003.

16         (5)  Each appointing authority shall seek to ensure

17  that the existing commission members, together with potential

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

19  as well as the geographic distribution, of the population

20  within the territorial jurisdiction of the court for which the

21  appointing authority is making nominations. The appointing

22  authorities for the judicial nominating commission for each of

23  the judicial circuits shall seek to ensure the adequacy of

24  representation of each county within the judicial circuit.

25         (6)  All acts of a judicial nominating commission shall

26  be made with a concurrence of a majority of its voting

27  members.

28         Section 2.  Effective July 1, 2003, section 43.29,

29  Florida Statutes, as amended by this act, is amended to read:

30         (Substantial rewording of section. See s. 43.29, F.S.,

31         for present text.)

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    Florida Senate - 2000                                   SB 826
    13-422B-00




  1         43.29  Judicial nominating commissions.--

  2         (1)  Each judicial nominating commission shall be

  3  composed of the following:

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

  5  of The Florida Bar from among The Florida Bar members who are

  6  actively engaged in the practice of law with offices within

  7  the territorial jurisdiction of the affected court, for terms

  8  of 4 years.

  9         (b)  Three electors who reside in the territorial

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

11  for terms of 4 years beginning July 1 next following the

12  election of Governor and ending June 30 following the end of

13  the term of office of the appointing Governor.

14         (c)  Three electors who reside in the territorial

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

16  The Florida Bar, selected by a majority vote of the six other

17  members of the commission for terms of 4 years beginning on

18  August 1 following the election of the Governor and ending

19  July 31 following the end of the term of the appointing

20  governor.

21         (2)  In addition to the appointments provided in

22  subsection (1), the Governor may also appoint an alternate

23  member to a Circuit Court Judicial Nominating Commission who

24  is a resident of a county in which no other member of the

25  commission resides.  An alternate member shall be appointed by

26  August 1 of the year following the election of Governor and

27  serve a term ending June 30 following the end of the term of

28  office of the appointing Governor. An alternate member

29  appointed pursuant to this paragraph shall serve in place of

30  one member appointed by the Governor, as designated by the

31  Governor, whenever the commission is filling a vacancy on the

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    Florida Senate - 2000                                   SB 826
    13-422B-00




  1  County Court for the county of which such alternate member is

  2  a resident. An alternate member shall participate, without

  3  voting, in any meeting concerning a vacancy on the Circuit

  4  Court.

  5         (3)  Any vacancy occurring prior to the end of a

  6  commission member's term of office may be filled by the

  7  appointing authority for the remainder of the term of office.

  8         (4)  No justice or judge may be a member of a judicial

  9  nominating commission. A member of a judicial nominating

10  commission may hold public office other than judicial office.

11  A member of a judicial nominating commission is not eligible

12  for appointment to any state judicial office either during

13  such term of membership or for a period of 2 years thereafter.

14         (5)  A member of a judicial nominating commission shall

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

16  reappointment. For cause, a member of a judicial nominating

17  commission may be suspended by the Governor pursuant to

18  uniform rules of procedure established by the Executive Office

19  of the Governor consistent with s. 7, Art. IV of the State

20  Constitution and thereafter removed by the Senate.

21         (6)  Each appointing authority shall seek to ensure

22  that the existing commission members, together with potential

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

24  as well as the geographic distribution, of the population

25  within the territorial jurisdiction of the court for which the

26  appointing authority is making nominations. The appointing

27  authorities for the judicial nominating commission for each of

28  the judicial circuits shall seek to ensure the adequacy of

29  representation of each county within the judicial circuit.

30

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    Florida Senate - 2000                                   SB 826
    13-422B-00




  1         (7)  All acts of a judicial nominating commission shall

  2  be made with a concurrence of a majority of its voting

  3  members.

  4         Section 3.  If any provision of this act or the

  5  application thereof to any person or circumstance is held

  6  invalid, the invalidity does not affect other provisions or

  7  applications of the act which can be given effect without the

  8  invalid provision or application, and to this end the

  9  provisions of this act are declared severable.

10         Section 4.  Except as otherwise provided in this act,

11  this act shall take effect July 1, 2000.

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14                          SENATE SUMMARY

15    Substantially amends s. 43.29, F.S., relating to judicial
      nominating commissions. Provides for the appointment of
16    members for a specified time. Prohibits justices and
      judges from serving on commissions. Provides for terms of
17    office and for suspension and removal of members and
      filling of vacancies. Prohibits the reappointment of
18    members. Requires diversity of membership. Requires
      consideration of a county's representation on a
19    commission. Requires all acts of commissioners to be made
      by majority of voting members. Provides authority and
20    conditions for the continuation of judicial nominating
      commissions after June 30, 2003.
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