Senate Bill sb0162

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    Florida Senate - 2002                                  SJR 162

    By Senator Cowin





    11-30-02

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing amendments to

  3         Sections 3, 8, 10, and 11 of Article V of the

  4         State Constitution and the creation of Section

  5         26 of Article XII of the State Constitution to

  6         provide a method for selection, and for terms

  7         of office, of Supreme Court justices and

  8         district court of appeal judges and to require

  9         judicial nominating commission proceedings to

10         be public.

11

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

13

14         That the following amendments to Sections 3, 8, 10, and

15  11 of Article V of the State Constitution and the creation of

16  Section 26 of Article XII of the State Constitution are agreed

17  to and shall be submitted to the electors of this state for

18  approval or rejection at the next general election or at an

19  earlier special election specifically authorized by law for

20  that purpose:

21                            ARTICLE V

22                            JUDICIARY

23         SECTION 3.  Supreme court.--

24         (a)  ORGANIZATION.--The supreme court shall consist of

25  seven justices.  Of the seven justices, each appellate

26  district shall have at least one justice elected or appointed

27  from the district on to the supreme court who is a resident of

28  the district at the time of the original appointment or

29  election.  Five justices shall constitute a quorum.  The

30  concurrence of four justices shall be necessary to a decision.

31  When recusals for cause would prohibit the court from

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    Florida Senate - 2002                                  SJR 162
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  1  convening because of the requirements of this section, judges

  2  assigned to temporary duty may be substituted for justices.

  3         (b)  JURISDICTION.--The supreme court:

  4         (1)  Shall hear appeals from final judgments of trial

  5  courts imposing the death penalty and from decisions of

  6  district courts of appeal declaring invalid a state statute or

  7  a provision of the state constitution.

  8         (2)  When provided by general law, shall hear appeals

  9  from final judgments entered in proceedings for the validation

10  of bonds or certificates of indebtedness and shall review

11  action of statewide agencies relating to rates or service of

12  utilities providing electric, gas, or telephone service.

13         (3)  May review any decision of a district court of

14  appeal that expressly declares valid a state statute, or that

15  expressly construes a provision of the state or federal

16  constitution, or that expressly affects a class of

17  constitutional or state officers, or that expressly and

18  directly conflicts with a decision of another district court

19  of appeal or of the supreme court on the same question of law.

20         (4)  May review any decision of a district court of

21  appeal that passes upon a question certified by it to be of

22  great public importance, or that is certified by it to be in

23  direct conflict with a decision of another district court of

24  appeal.

25         (5)  May review any order or judgment of a trial court

26  certified by the district court of appeal in which an appeal

27  is pending to be of great public importance, or to have a

28  great effect on the proper administration of justice

29  throughout the state, and certified to require immediate

30  resolution by the supreme court.

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    Florida Senate - 2002                                  SJR 162
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  1         (6)  May review a question of law certified by the

  2  Supreme Court of the United States or a United States Court of

  3  Appeals which is determinative of the cause and for which

  4  there is no controlling precedent of the supreme court of

  5  Florida.

  6         (7)  May issue writs of prohibition to courts and all

  7  writs necessary to the complete exercise of its jurisdiction.

  8         (8)  May issue writs of mandamus and quo warranto to

  9  state officers and state agencies.

10         (9)  May, or any justice may, issue writs of habeas

11  corpus returnable before the supreme court or any justice, a

12  district court of appeal or any judge thereof, or any circuit

13  judge.

14         (10)  Shall, when requested by the attorney general

15  pursuant to the provisions of Section 10 of Article IV, render

16  an advisory opinion of the justices, addressing issues as

17  provided by general law.

18         (c)  CLERK AND MARSHAL.--The supreme court shall

19  appoint a clerk and a marshal who shall hold office during the

20  pleasure of the court and perform such duties as the court

21  directs. Their compensation shall be fixed by general law.

22  The marshal shall have the power to execute the process of the

23  court throughout the state, and in any county may deputize the

24  sheriff or a deputy sheriff for such purpose.

25         SECTION 8.  Eligibility.--No person shall be eligible

26  for office of justice or judge of any court unless the person

27  is an elector of the state and resides in the territorial

28  jurisdiction of the court.  No justice or judge shall serve

29  after attaining the age of seventy years except upon temporary

30  assignment or to complete a term, one-half of which has been

31  served.  No person is eligible for the office of justice of

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    Florida Senate - 2002                                  SJR 162
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  1  the supreme court or judge of a district court of appeal

  2  unless the person is, and has been for the preceding ten

  3  years, a member of the bar of Florida.  No person is eligible

  4  for the office of circuit judge unless the person is, and has

  5  been for the preceding five years, a member of the bar of

  6  Florida.  Unless otherwise provided by general law, no person

  7  is eligible for the office of county court judge unless the

  8  person is, and has been for the preceding five years, a member

  9  of the bar of Florida.  Unless otherwise provided by general

10  law, a person shall be eligible for election or appointment to

11  the office of county court judge in a county having a

12  population of 40,000 or less if the person is a member in good

13  standing of the bar of Florida.

14         SECTION 10.  Retention; election and terms.--

15         (a)  Any justice or judge may qualify for retention by

16  a vote of the electors in the general election next preceding

17  the expiration of the justice's or judge's term in the manner

18  prescribed by law.  If a justice or judge is ineligible or

19  fails to qualify for retention, a vacancy shall exist in that

20  office upon the expiration of the term being served by the

21  justice or judge.  When a justice or judge so qualifies, the

22  ballot shall read substantially as follows: "Shall Justice (or

23  Judge) ...(name of justice or judge)... of the ...(name of the

24  court)... be retained in office?" If a majority of the

25  qualified electors voting within the territorial jurisdiction

26  of the court vote to retain, the justice or judge shall be

27  retained for a term of six years.  The term of the justice or

28  judge retained shall commence on the first Tuesday after the

29  first Monday in January following the general election.  If a

30  majority of the qualified electors voting within the

31  territorial jurisdiction of the court vote to not retain, a

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    Florida Senate - 2002                                  SJR 162
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  1  vacancy shall exist in that office upon the expiration of the

  2  term being served by the justice or judge.

  3         (b)

  4         (1)  The election of circuit judges shall be preserved

  5  notwithstanding the provisions of subsection (a) unless a

  6  majority of those voting in the jurisdiction of that circuit

  7  approves a local option to select circuit judges by merit

  8  selection and retention rather than by election.  The election

  9  of circuit judges shall be by a vote of the qualified electors

10  within the territorial jurisdiction of the court.

11         (2)  The election of county court judges shall be

12  preserved notwithstanding the provisions of subsection (a)

13  unless a majority of those voting in the jurisdiction of that

14  county approves a local option to select county judges by

15  merit selection and retention rather than by election.  The

16  election of county court judges shall be by a vote of the

17  qualified electors within the territorial jurisdiction of the

18  court.

19         (3)

20         a.  A vote to exercise a local option to select circuit

21  court judges and county court judges by merit selection and

22  retention rather than by election shall be held in each

23  circuit and county at the general election in the year 2000.

24  If a vote to exercise this local option fails in a vote of the

25  electors, such option shall not again be put to a vote of the

26  electors of that jurisdiction until the expiration of at least

27  two years.

28         b.  After the year 2000, a circuit may initiate the

29  local option for merit selection and retention or the election

30  of circuit judges, whichever is applicable, by filing with the

31  secretary of state a petition signed by the number of electors

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    Florida Senate - 2002                                  SJR 162
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  1  equal to at least ten percent of the votes cast in the circuit

  2  in the last preceding election in which presidential electors

  3  were chosen.

  4         c.  After the year 2000, a county may initiate the

  5  local option for merit selection and retention or the election

  6  of county court judges, whichever is applicable, by filing

  7  with the supervisor of elections a petition signed by the

  8  number of electors equal to at least ten percent of the votes

  9  cast in the county in the last preceding election in which

10  presidential electors were chosen. The terms of circuit judges

11  and judges of county courts shall be for six years.

12         SECTION 11.  Vacancies.--

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

14  which election for retention applies, the governor shall fill

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

16  Tuesday after the first Monday in January of the year

17  following the next general election occurring at least one

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

19  three persons nor more than six persons nominated by the

20  appropriate judicial nominating commission.

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

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

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

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

25  of the year following the next primary and general election

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

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

28  nominated by the appropriate judicial nominating commission.

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

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

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    Florida Senate - 2002                                  SJR 162
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  1         (c)  The nominations shall be made within thirty days

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

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

  4  governor shall make the appointment within sixty days after

  5  the nominations have been certified to the governor.

  6         (d)  There shall be a separate judicial nominating

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

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

  9  all trial courts within the circuit.  Uniform rules of

10  procedure shall be established by the judicial nominating

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

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

13  majority vote of the membership of each house of the

14  legislature, or by the supreme court, five justices

15  concurring. Except for deliberations of the judicial

16  nominating commissions, The proceedings of the commissions and

17  their records shall be open to the public.

18         (e)  Whenever a vacancy occurs in the office of justice

19  of the supreme court or judge of a district court of appeal,

20  or whenever a vacancy will occur due to the expiration of the

21  term of office of an incumbent justice or judge, the governor

22  shall fill the vacancy by appointment. The appointee must be

23  confirmed by the senate no later than during the next regular

24  session of the legislature. The term of office of a justice of

25  the supreme court or judge of a district court of appeal is

26  six years, except that if the vacancy occurs before the

27  expiration of the term of office of the incumbent justice or

28  judge, the appointment shall be for the unexpired portion of

29  the term. A justice or judge may be reappointed for two full

30  terms, but a person may not serve as a justice of the supreme

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    Florida Senate - 2002                                  SJR 162
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  1  court or judge of a district court of appeal for more than

  2  eighteen years consecutively.

  3                           ARTICLE XII

  4                             SCHEDULE

  5         SECTION 26. Schedule to Article V amendment.--The

  6  amendment of Sections 3, 8, 10, and 11 of Article V by this

  7  joint resolution, if approved, shall take effect on the first

  8  Tuesday after the first Monday in January 2003. However, each

  9  person serving as a justice of the supreme court or judge of a

10  district court of appeal on the day such amendment is approved

11  may continue in that office until the expiration of the term.

12  The limitation on years of service expressed in Article V,

13  Section 11(e) does not apply with respect to any such person

14  until the expiration of the term the person is serving on the

15  day the amendment is approved.

16         BE IT FURTHER RESOLVED that the following statement be

17  placed on the ballot:

18                     CONSTITUTIONAL AMENDMENT

19    ARTICLE V, SECTIONS 3, 8, 10, 11; ARTICLE XII, SECTION 26

20         APPOINTMENT, CONFIRMATION, TERMS OF SUPREME COURT

21  JUSTICES, COURT OF APPEAL JUDGES; JUDICIAL NOMINATING

22  COMMISSION PROCEEDINGS.--Proposing an amendment to the State

23  Constitution to make proceedings of judicial nominating

24  commissions public and to abolish retention elections for the

25  offices of Supreme Court Justice and district court of appeal

26  judge, making the offices appointive by the Governor, subject

27  to Senate confirmation, with no one eligible to serve more

28  than 18 consecutive years.

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