|
|
|
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. |