HJR 1135 2003
   
1 House Joint Resolution
2          A joint resolution proposing an amendment to Section 11 of
3    Article V of the State Constitution to require that the
4    deliberations and records related thereto of judicial
5    nominating commissions be open to the public.
6         
7          Be It Resolved by the Legislature of the State of Florida:
8         
9          That the amendment to Section 11 of Article V of the State
10    Constitution set forth below is agreed to and shall be submitted
11    to the electors of Florida for approval or rejection at the
12    general election to be held in November 2004:
13 ARTICLE V
14 JUDICIARY
15          SECTION 11. Vacancies.--
16          (a) Whenever a vacancy occurs in a judicial office to
17    which election for retention applies, the governor shall fill
18    the vacancy by appointing for a term ending on the first Tuesday
19    after the first Monday in January of the year following the next
20    general election occurring at least one year after the date of
21    appointment, one of not fewer than three persons nor more than
22    six persons nominated by the appropriate judicial nominating
23    commission.
24          (b) The governor shall fill each vacancy on a circuit
25    court or on a county court, wherein the judges are elected by a
26    majority vote of the electors, by appointing for a term ending
27    on the first Tuesday after the first Monday in January of the
28    year following the next primary and general election occurring
29    at least one year after the date of appointment, one of not
30    fewer than three persons nor more than six persons nominated by
31    the appropriate judicial nominating commission. An election
32    shall be held to fill that judicial office for the term of the
33    office beginning at the end of the appointed term.
34          (c) The nominations shall be made within thirty days from
35    the occurrence of a vacancy unless the period is extended by the
36    governor for a time not to exceed thirty days. The governor
37    shall make the appointment within sixty days after the
38    nominations have been certified to the governor.
39          (d) There shall be a separate judicial nominating
40    commission as provided by general law for the supreme court,
41    each district court of appeal, and each judicial circuit for all
42    trial courts within the circuit. Uniform rules of procedure
43    shall be established by the judicial nominating commissions at
44    each level of the court system. Such rules, or any part thereof,
45    may be repealed by general law enacted by a majority vote of the
46    membership of each house of the legislature, or by the supreme
47    court, five justices concurring. Except for deliberations of the
48    judicial nominating commissions,The proceedings of the
49    commissions and their records shall be open to the public.
50          BE IT FURTHER RESOLVED that the title and substance of the
51    amendment proposed herein shall appear on the ballot as follows:
52 OPEN MEETINGS AND RECORDS OF JUDICIAL NOMINATING COMMISSIONS
53          Proposes an amendment to Section 11 of Article V of the
54    State Constitution to require that the deliberations and records
55    related thereto of the judicial nominating commissions be open
56    to the public.