House Bill hb0827

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    Florida House of Representatives - 2001                HJR 827

        By Representative Brummer






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 11 of Article V of the State

  4         Constitution; requiring judicial nominating

  5         commissions to forward to the Governor a list

  6         of all eligible candidates for judicial

  7         vacancies rather than a list of three to six

  8         persons; requiring judicial nominating

  9         commissions to provide the Governor with

10         information relative to each eligible person;

11         requiring that judicial appointees be confirmed

12         by the State Senate; authorizing the convening

13         of the Senate in special session for such

14         purpose; transferring rulemaking authority for

15         judicial nominating commissions to the Governor

16         from the commissions; permitting the

17         Legislature to repeal any portion of such rules

18         by joint resolution.

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

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22         That the amendment to Section 11 of Article V of the

23  State Constitution set forth below is agreed to and shall be

24  submitted to the electors of Florida for approval or rejection

25  at the general election to be held in November 2002:

26         SECTION 11.  Vacancies.--

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

28  which election for retention applies, the governor shall fill

29  the vacancy by nominating and appointing, by and with the

30  advice and consent of the senate, for a term ending on the

31  first Tuesday after the first Monday in January of the year

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    Florida House of Representatives - 2001                HJR 827

    703-133-01






  1  following the next general election occurring at least one

  2  year after the date of appointment, a person approved as

  3  eligible one of not fewer than three persons nor more than six

  4  persons nominated by the appropriate judicial nominating

  5  commission.

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

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

  8  a majority vote of the electors, by nominating and appointing,

  9  by and with the advice and consent of the senate, for a term

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

11  of the year following the next primary and general election

12  occurring at least one year after the date of appointment, a

13  person approved as eligible one of not fewer than three

14  persons nor more than six persons nominated by the appropriate

15  judicial nominating commission.  An election shall be held to

16  fill that judicial office for the term of the office beginning

17  at the end of the appointed term.

18         (c)  Each commission shall approve and certify to the

19  governor a list of all eligible applicants for a judicial

20  vacancy and a report containing any information required by

21  the rules governing the commission and any other information

22  which the commission deems useful to the governor in filling

23  the vacancy. The list of eligible applicants nominations shall

24  be certified to the governor by the judicial nominating

25  commission made within thirty days from the occurrence of a

26  vacancy unless the period is extended by the governor for a

27  time not to exceed thirty days.  The governor shall make the

28  nomination appointment within sixty days after the list has

29  nominations have been certified to the governor. The

30  nomination shall be transmitted to the senate with the

31  governor's signature. If the senate is not in session at the

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    Florida House of Representatives - 2001                HJR 827

    703-133-01






  1  time the governor transmits the nomination, the senate may be

  2  convened in special session by its president, or as otherwise

  3  provided in its rules, to consider the nomination. If the

  4  senate is not in session, or is not convened in special

  5  session, within thirty days after the transmission by the

  6  governor, the nomination shall be deemed confirmed. If the

  7  senate is in session, or is convened in special session,

  8  within thirty days after the transmission by the governor, and

  9  does not give its consent to such nomination by a majority

10  vote of senators voting on the question prior to the

11  adjournment of such session, the nomination shall be deemed

12  rejected. A person nominated to judicial office and rejected

13  by the senate shall not be eligible for nomination to any

14  judicial office until the next following general election.

15         (d)  There shall be a separate judicial nominating

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

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

18  all trial courts within the circuit.  Uniform rules of

19  procedure shall be established by the governor judicial

20  nominating commissions at each level of the court system.

21  Such rules, or any part thereof, may be repealed by joint

22  resolution adopted general law enacted by a majority vote of

23  the membership of each house of the legislature, or by the

24  supreme court, five justices concurring. Except for

25  deliberations of the judicial nominating commissions, The

26  proceedings of the commissions and their records shall be open

27  to the public.

28         BE IT FURTHER RESOLVED that in accordance with the

29  requirements of section 101.161, Florida Statutes, the title

30  and substance of the amendment proposed herein shall appear on

31  the ballot as follows:

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    Florida House of Representatives - 2001                HJR 827

    703-133-01






  1                      JUDICIAL APPOINTMENTS

  2         Proposes to change the method for appointment of

  3  judges; requires judicial nominating commissions to forward to

  4  the Governor a list of all applicants eligible for

  5  appointment; permits the Governor to nominate and, upon

  6  confirmation by the Senate, appoint any listed applicant;

  7  transfers the commissions' authority to adopt rules to the

  8  Governor; eliminates the Supreme Court's ability to repeal

  9  such rules, but authorizes repeal, not subject to

10  gubernatorial veto, by simple majority of the Legislature.

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