House Bill hb0027

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    Florida House of Representatives - 2001                  HB 27

        By Representative Brummer






  1                      A bill to be entitled

  2         An act relating to judicial nominating

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

  4         specifying membership composition of judicial

  5         nominating commissions; providing appointment

  6         and reappointment eligibility restrictions;

  7         providing for terms; abolishing prior offices;

  8         providing for suspension or removal; requiring

  9         appointing authorities to ensure commission

10         racial, ethnic, gender, and geographical

11         diversity; requiring consideration of county

12         representation on circuit judicial nominating

13         commissions; requiring concurrence of a

14         majority for commission actions; requiring

15         appointing authorities to provide annual

16         reports; specifying required information;

17         providing an appropriation; repealing s. 43.29,

18         F.S., relating to judicial nominating

19         commissions; providing severability; providing

20         an effective date.

21

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

23

24         Section 1.  Section 43.291, Florida Statutes, is

25  created to read:

26         43.291  Judicial nominating commissions.--

27         (1)  Each judicial nominating commission shall be

28  composed of:

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

30  of The Florida Bar from among members of The Florida Bar who

31  are actively engaged in the practice of law with offices

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    Florida House of Representatives - 2001                  HB 27

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  1  within the territorial jurisdiction of the affected court, the

  2  terms of which members shall be 4 years and shall begin

  3  following the expiration of terms of members appointed

  4  pursuant to s. 43.29(1)(a) prior to July 1, 2001, or pursuant

  5  to this paragraph. A member appointed under this paragraph is

  6  not eligible for a consecutive reappointment.

  7         (b)  Four electors who reside in the territorial

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

  9  for 4-year terms beginning July 1 following the election of

10  the Governor. A member appointed under this paragraph is not

11  eligible for a consecutive reappointment. Any vacancy in a

12  membership appointed under this paragraph may be filled only

13  for the remainder of the vacating member's term.

14         (c)  One elector who resides in the territorial

15  jurisdiction of the affected court, appointed by the President

16  of the Senate, for a 2-year term beginning July 1 following

17  the organization session. A member appointed under this

18  paragraph is eligible for one consecutive reappointment. Any

19  vacancy in a membership appointed under this paragraph may be

20  filled only for the remainder of the vacating member's term.

21         (d)  One elector who resides in the territorial

22  jurisdiction of the affected court, appointed by the Speaker

23  of the House of Representatives, for a 2-year term beginning

24  July 1 following the organization session. A member appointed

25  under this paragraph is eligible for one consecutive

26  reappointment. Any vacancy in a membership appointed under

27  this paragraph may be filled only for the remainder of the

28  vacating member's term.

29         (e)  In addition to the appointments provided in this

30  subsection, the Governor may also appoint one or more

31  alternate members to a Circuit Court Judicial Nominating

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    Florida House of Representatives - 2001                  HB 27

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  1  Commission each of whom is a resident of a county in which no

  2  other member of the commission resides.  An alternate member

  3  shall be appointed by August 1 of the year following the

  4  election of the Governor and serve a term ending June 30

  5  following the end of the term of office of the appointing

  6  Governor.  An alternate member appointed pursuant to this

  7  paragraph shall serve in place of one member appointed by the

  8  Governor, as the Governor may designate, in any case in which

  9  the commission is filling a vacancy on the county court for

10  the county of which such alternate member is a resident.  An

11  alternate member shall participate, without voting, in any

12  meeting concerning a vacancy on the circuit court.

13         (2)  No justice, judge, or state legislator may be a

14  member of a judicial nominating commission. A member of a

15  judicial nominating commission may hold a public office other

16  than a judicial office or a state legislative office.  A

17  member of a judicial nominating commission is not eligible for

18  appointment to any state judicial office during such term of

19  membership or for a period of 2 years after such term of

20  membership.

21         (3)  The office of any member of a judicial nominating

22  commission appointed pursuant to s. 43.29(1)(b) or (1)(c)

23  prior to July 1, 2001, is abolished effective July 1, 2001,

24  and shall be replaced by those offices created by and

25  appointed pursuant to paragraph (1)(b). Any member of a

26  judicial nominating commission who does not complete a 4-year

27  term because of the enactment of this section may be

28  reappointed to serve a new term. A member of a judicial

29  nominating commission may be suspended for cause by the

30  Governor pursuant to s. 7, Art. IV of the State Constitution

31  and thereafter removed by the Senate.

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    Florida House of Representatives - 2001                  HB 27

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  1         (4)  Each appointing authority shall seek to ensure

  2  that the existing commission members, together with potential

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

  4  as well as the geographic distribution, of the population

  5  within the territorial jurisdiction of the court for which the

  6  appointing authority is making nominations. The appointing

  7  authorities for the judicial nominating commission for each of

  8  the judicial circuits shall seek to ensure the adequacy of

  9  representation of each county within the judicial circuit.

10         (5)  All acts of a judicial nominating commission shall

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

12  members.

13         Section 2.  By December 1 of each year, each appointing

14  authority described in s. 43.291, Florida Statutes, shall

15  submit a report to the Governor, the Speaker of the House of

16  Representatives, and the President of the Senate which

17  discloses the number of appointments made during the preceding

18  year from each minority group and the number of nonminority

19  appointments made, expressed both in numerical terms and as a

20  percentage of the total membership of the judicial nominating

21  commission.  In addition, information shall be included in the

22  report describing the number of physically disabled persons

23  appointed to the judicial nominating commission in the

24  previous calendar year. The Governor's Office shall designate

25  a person responsible for maintaining records of applications

26  for appointment for all judicial nominating commissions and

27  shall ensure that information describing each applicant's and

28  appointee's race, ethnicity, gender, physical disability, if

29  applicable, and qualifications are available for public

30  inspection during reasonable business hours. Nothing in this

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    Florida House of Representatives - 2001                  HB 27

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  1  section requires disclosure of an applicant's identity or of

  2  any other information made confidential by law.

  3         Section 3.  The sum of $25,000 is appropriated to the

  4  state courts system budget to provide travel and training for

  5  members of judicial nominating commissions.

  6         Section 4.  Notwithstanding s. 43.291(1)(c) or (1)(d),

  7  Florida Statutes, a member of the judicial nominating

  8  commission appointed pursuant to s. 43.291(1)(c) or (1)(d),

  9  Florida Statutes, whose term begins on or after July 1, 2001,

10  shall serve a term ending July 1, 2002, and is eligible for

11  one consecutive reappointment for a 2-year term.

12         Section 5.  Section 43.29, Florida Statutes, is

13  repealed.

14         Section 6.  If any provision of this act or the

15  application thereof to any person or circumstance is held

16  invalid, the invalidity shall not affect other provisions or

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

18  invalid provision or application, and to this end the

19  provisions of this act are declared severable.

20         Section 7.  This act shall take effect July 1, 2001.

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22            *****************************************

23                          HOUSE SUMMARY

24
      Revises the judicial nominating commission member
25    appointment process. Provides appointment and
      reappointment eligibility restrictions. Requires
26    appointing authorities to ensure racial, ethnic, gender,
      and geographical diversity of membership and requires a
27    diversity report. See bill for details.

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29

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