House Bill hb1981

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    Florida House of Representatives - 2002               HJR 1981

        By the Committee on Judicial Oversight and Representative
    Crow





  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 12 of Article V and the creation of

  4         Section 26 of Article XII of the State

  5         Constitution relating to the Judicial

  6         Qualifications Commission.

  7

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

  9

10         That the amendment to Section 12 of Article V and the

11  creation of Section 26 of Article XII of the State

12  Constitution set forth below are agreed to and shall be

13  submitted to the electors of Florida for approval or rejection

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

15

16                            ARTICLE V

17                            JUDICIARY

18         SECTION 12.  Discipline; removal and retirement.--

19         (a)  JUDICIAL QUALIFICATIONS COMMISSION.--A judicial

20  qualifications commission is created.

21         (1)  There shall be a judicial qualifications

22  commission vested with jurisdiction to investigate and

23  recommend to the Supreme Court of Florida the removal from

24  office of any justice or judge whose conduct, during term of

25  office or otherwise occurring on or after November 1, 1966,

26  (without regard to the effective date of this section)

27  demonstrates a present unfitness to hold office, and to

28  investigate and recommend the discipline of a justice or judge

29  whose conduct, during term of office or otherwise occurring on

30  or after November 1, 1966 (without regard to the effective

31  date of this section), warrants such discipline. For purposes

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    Florida House of Representatives - 2002               HJR 1981

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  1  of this section, discipline is defined as any or all of the

  2  following: reprimand, fine, suspension with or without pay, or

  3  lawyer discipline. The commission shall have jurisdiction over

  4  justices and judges regarding allegations that misconduct

  5  occurred before or during service as a justice or judge if a

  6  complaint is made no later than one year following service as

  7  a justice or judge. The commission shall have jurisdiction

  8  regarding allegations of incapacity during service as a

  9  justice or judge.  The commission shall be composed of:

10         a.  Two judges of district courts of appeal selected by

11  the judges of those courts, two circuit judges selected by the

12  judges of the circuit courts and two judges of county courts

13  selected by the judges of those courts;

14         b.  Four electors who reside in the state, who are

15  members of the bar of Florida, and who shall be chosen by the

16  governing body of the bar of Florida; and

17         c.  Five electors who reside in the state, who have

18  never held judicial office or been members of the bar of

19  Florida, and who shall be appointed by the governor.

20         (2)  The members of the judicial qualifications

21  commission shall serve staggered terms, not to exceed six

22  years, as prescribed by general law.  No member of the

23  commission except a judge shall be eligible for state judicial

24  office while acting as a member of the commission and for a

25  period of two years thereafter.  No member of the commission

26  shall hold office in a political party or participate in any

27  campaign for judicial office or hold public office; provided

28  that a judge may campaign for judicial office and hold that

29  office.  The commission shall elect one of its members as its

30  chairperson.

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  1         (3)  Members of the judicial qualifications commission

  2  not subject to impeachment shall be subject to removal from

  3  the commission pursuant to the provisions of Article IV,

  4  Section 7, Florida Constitution.

  5         (4)  The commission shall adopt rules regulating its

  6  proceedings, the filling of vacancies by the appointing

  7  authorities, the disqualification of members, the rotation of

  8  members between the panels, and the temporary replacement of

  9  disqualified or incapacitated members.  The commission's

10  rules, or any part thereof, may be repealed by general law

11  enacted by a majority vote of the membership of each house of

12  the legislature, or by the supreme court, five justices

13  concurring. The commission shall have power to issue

14  subpoenas. Until formal charges against a justice or judge are

15  filed by the investigative panel with the clerk of the supreme

16  court of Florida all proceedings by or before the commission

17  shall be confidential; provided, however, upon a finding of

18  probable cause and the filing by the investigative panel with

19  said clerk of such formal charges against a justice or judge

20  such charges and all further proceedings before the commission

21  shall be public. Upon a finding of no probable cause, the

22  records and proceedings shall be public unless exempted by

23  general law.

24         (5)  The commission shall have access to all

25  information from all executive, legislative and judicial

26  agencies, including grand juries, subject to the rules of the

27  commission.  At any time, on request of the speaker of the

28  house of representatives or the governor, the commission shall

29  make available all information in the possession of the

30  commission for use in consideration of impeachment or

31  suspension, respectively.

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  1         (b)  PANELS.--The commission shall be divided into an

  2  investigative panel and a hearing panel as established by rule

  3  of the commission. The investigative panel is vested with the

  4  jurisdiction to receive or initiate complaints, conduct

  5  investigations, dismiss complaints, and upon a vote of a

  6  simple majority of the panel submit formal charges to the

  7  hearing panel. The hearing panel is vested with the authority

  8  to receive and hear formal charges from the investigative

  9  panel and upon a two-thirds vote of the panel recommend to the

10  supreme court the removal of a justice or judge or the

11  involuntary retirement of a justice or judge for any permanent

12  disability that seriously interferes with the performance of

13  judicial duties. Upon a simple majority vote of the membership

14  of the hearing panel, the panel may recommend to the supreme

15  court that the justice or judge be subject to appropriate

16  discipline.

17         (c)  SUPREME COURT.--The supreme court shall receive

18  recommendations from the judicial qualifications commission's

19  hearing panel.

20         (1)  The supreme court may accept, reject, or modify in

21  whole or in part the findings, conclusions, and

22  recommendations of the commission and it may order that the

23  justice or judge be subjected to appropriate discipline, or be

24  removed from office with termination of compensation for

25  willful or persistent failure to perform judicial duties or

26  for other conduct unbecoming a member of the judiciary

27  demonstrating a present unfitness to hold office, or be

28  involuntarily retired for any permanent disability that

29  seriously interferes with the performance of judicial duties.

30  Malafides, scienter or moral turpitude on the part of a

31  justice or judge shall not be required for removal from office

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  1  of a justice or judge whose conduct demonstrates a present

  2  unfitness to hold office.  After the filing of a formal

  3  proceeding and upon request of the investigative panel, the

  4  supreme court may suspend the justice or judge from office,

  5  with or without compensation, pending final determination of

  6  the inquiry.

  7         (2)  The supreme court may award costs to the

  8  prevailing party.

  9         (d)  The power of removal conferred by this section

10  shall be both alternative and cumulative to the power of

11  impeachment.

12         (e)  Notwithstanding any of the foregoing provisions of

13  this section, if the person who is the subject of proceedings

14  by the judicial qualifications commission is a justice of the

15  supreme court of Florida all justices of such court

16  automatically shall be disqualified to sit as justices of such

17  court with respect to all proceedings therein concerning such

18  person and the supreme court for such purposes shall be

19  composed of a panel consisting of the seven chief judges of

20  the judicial circuits of the state of Florida most senior in

21  tenure of judicial office as circuit judge. For purposes of

22  determining seniority of such circuit judges in the event

23  there be judges of equal tenure in judicial office as circuit

24  judge the judge or judges from the lower numbered circuit or

25  circuits shall be deemed senior. In the event any such chief

26  circuit judge is under investigation by the judicial

27  qualifications commission or is otherwise disqualified or

28  unable to serve on the panel, the next most senior chief

29  circuit judge or judges shall serve in place of such

30  disqualified or disabled chief circuit judge.

31         (f)  SCHEDULE TO SECTION 12.--

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  1         (1)  Except to the extent inconsistent with the

  2  provisions of this section, all provisions of law and rules of

  3  court in force on the effective date of this article shall

  4  continue in effect until superseded in the manner authorized

  5  by the constitution.

  6         (2)  After this section becomes effective and until

  7  adopted by rule of the commission consistent with it:

  8         a.  The commission shall be divided, as determined by

  9  the chairperson, into one investigative panel and one hearing

10  panel to meet the responsibilities set forth in this section.

11         b.  The investigative panel shall be composed of:

12         1.  Four judges,

13         2.  Two members of the bar of Florida, and

14         3.  Three non-lawyers.

15         c.  The hearing panel shall be composed of:

16         1.  Two judges,

17         2.  Two members of the bar of Florida, and

18         3.  Two non-lawyers.

19         d.  Membership on the panels may rotate in a manner

20  determined by the rules of the commission provided that no

21  member shall vote as a member of the investigative and hearing

22  panel on the same proceeding.

23         e.  The commission shall hire separate staff for each

24  panel.

25         f.  The members of the commission shall serve for

26  staggered terms of six years.

27         g.  The terms of office of the present members of the

28  judicial qualifications commission shall expire upon the

29  effective date of the amendments to this section approved by

30  the legislature during the regular session of the legislature

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  1  in 1996 and new members shall be appointed to serve the

  2  following staggered terms:

  3         1.  Group I.--The terms of five members, composed of

  4  two electors as set forth in s. 12(a)(1)c. of Article V, one

  5  member of the bar of Florida as set forth in s. 12(a)(1)b. of

  6  Article V, one judge from the district courts of appeal and

  7  one circuit judge as set forth in s. 12(a)(1)a. of Article V,

  8  shall expire on December 31, 1998.

  9         2.  Group II.--The terms of five members, composed of

10  one elector as set forth in s. 12(a)(1)c. of Article V, two

11  members of the bar of Florida as set forth in s. 12(a)(1)b. of

12  Article V, one circuit judge and one county judge as set forth

13  in s. 12(a)(1)a. of Article V shall expire on December 31,

14  2000.

15         3.  Group III.--The terms of five members, composed of

16  two electors as set forth in s. 12(a)(1)c. of Article V, one

17  member of the bar of Florida as set forth in s. 12(a)(1)b.,

18  one judge from the district courts of appeal and one county

19  judge as set forth in s. 12(a)(1)a. of Article V, shall expire

20  on December 31, 2002.

21         h.  An appointment to fill a vacancy of the commission

22  shall be for the remainder of the term.

23         i.  Selection of members by district courts of appeal

24  judges, circuit judges, and county court judges, shall be by

25  no less than a majority of the members voting at the

26  respective courts' conferences. Selection of members by the

27  board of governors of the bar of Florida shall be by no less

28  than a majority of the board.

29         j.  The commission shall be entitled to recover the

30  costs of investigation and prosecution, in addition to any

31  penalty levied by the supreme court.

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  1         k.  The compensation of members and referees shall be

  2  the travel expenses or transportation and per diem allowance

  3  as provided by general law.

  4

  5                           ARTICLE XII

  6                             SCHEDULE

  7         Section 26.  Judicial qualifications commission public

  8  records.--The amendment to Section 12(a)(4) of Article V

  9  relating to public records and proceedings of the judicial

10  qualifications commission shall take effect July 1, 2003.

11         BE IT FURTHER RESOLVED that in accordance with the

12  requirements of section 101.161, Florida Statutes, the title

13  and substance of the amendment proposed herein shall appear on

14  the ballot as follows:

15

16                     JUDICIAL QUALIFICATIONS

17                COMMISSION PROCEEDINGS AND RECORDS

18

19  Proposes to make all records and proceedings of the Judicial

20  Qualifications Commission public upon a finding of no probable

21  cause, effective July 1, 2003, unless exempted by general law.

22  Proposes to delete the schedule provisions of Article V,

23  Section 12, which provide a temporary schedule of the

24  organization of the commission.

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