HJR 1417 2003
1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 4 of
3	Article V of the State Constitution to require judges of
4	the District Courts of Appeal to perform annual service in
5	a circuit court or county court, to provide penalties for
6	judges who do not perform such service, and to authorize
7	the Legislature to provide additional penalties by general
8	law.
9
10	Be It Resolved by the Legislature of the State of Florida:
11
12	That the amendment to Section 4 of Article V of the State
13	Constitution set forth below is agreed to and shall be submitted
14	to the electors of Florida for approval or rejection at the
15	general election to be held in November 2004:
16	ARTICLE V
17	JUDICIARY
18	SECTION 4. District courts of appeal.--
19	(a) ORGANIZATION.--There shall be a district court of
20	appeal serving each appellate district. Each district court of
21	appeal shall consist of at least three judges. Three judges
22	shall consider each case and the concurrence of two shall be
23	necessary to a decision.
24	(b) JURISDICTION.--
25	(1) District courts of appeal shall have jurisdiction to
26	hear appeals, that may be taken as a matter of right, from final
27	judgments or orders of trial courts, including those entered on
28	review of administrative action, not directly appealable to the
29	supreme court or a circuit court. They may review interlocutory
30	orders in such cases to the extent provided by rules adopted by
31	the supreme court.
32	(2) District courts of appeal shall have the power of
33	direct review of administrative action, as prescribed by general
34	law.
35	(3) A district court of appeal or any judge thereof may
36	issue writs of habeas corpus returnable before the court or any
37	judge thereof or before any circuit judge within the territorial
38	jurisdiction of the court. A district court of appeal may issue
39	writs of mandamus, certiorari, prohibition, quo warranto, and
40	other writs necessary to the complete exercise of its
41	jurisdiction. To the extent necessary to dispose of all issues
42	in a cause properly before it, a district court of appeal may
43	exercise any of the appellate jurisdiction of the circuit
44	courts.
45	(c) CLERKS AND MARSHALS.--Each district court of appeal
46	shall appoint a clerk and a marshal who shall hold office during
47	the pleasure of the court and perform such duties as the court
48	directs. Their compensation shall be fixed by general law. The
49	marshal shall have the power to execute the process of the court
50	throughout the territorial jurisdiction of the court, and in any
51	county may deputize the sheriff or a deputy sheriff for such
52	purpose.
53	(d) ANNUAL TRIAL COURT DUTIES OF JUDGES.--
54	(1) Every judge of a district court of appeal shall
55	annually be required to serve on the trial courts. This
56	requirement shall be met by performing the duties of a circuit
57	or county court judge for five consecutive business days.
58	(2) The chief judge of each district court of appeal shall
59	determine in which circuit within the district a judge of that
60	district court of appeal shall serve to meet this requirement;
61	provided, however, a judge must have served in each circuit
62	within the district the same number of times prior to serving in
63	the same circuit again.
64	(3) The chief judge of a circuit to which a judge of a
65	district court of appeal has been assigned pursuant to this
66	subsection shall determine what circuit or county court duties
67	the judge of the district court of appeal shall perform.
68	(4) Failure of a judge of a district court of appeal to
69	perform the annual trial court duties required by this
70	subsection shall be reported to the judicial qualifications
71	commission and shall create a rebuttable presumption of conduct
72	warranting discipline. Nothing herein shall be interpreted as a
73	limitation of the power of the legislature under Section 17 of
74	Article III.
75	(5) The legislature may, by general law, provide
76	additional penalties for failure of a judge of a district court
77	of appeal to perform the annual trial court duties required by
78	this subsection.
79	BE IT FURTHER RESOLVED that the title and substance of the
80	amendment proposed herein shall appear on the ballot as follows:
81	MANDATORY SERVICE ON TRIAL COURTS FOR
82	JUDGES OF THE DISTRICT COURTS OF APPEAL
83	Proposes an amendment to Section 4 of Article V of the
84	State Constitution to require judges of the District Courts of
85	Appeal to perform annual service in a circuit court or county
86	court, to provide penalties for judges who do not perform such
87	service, and to authorize the Legislature to provide additional
88	penalties by general law.