1 | House Joint Resolution |
2 | A joint resolution proposing an amendment to Section 2 of |
3 | Article V of the State Constitution to remove authority of |
4 | the Supreme Court to adopt rules of practice and procedure |
5 | in all courts; to create the judicial conference; to |
6 | empower the judicial conference to propose rules of |
7 | practice and procedure in all courts; to empower the |
8 | Legislature to adopt, amend, or reject rules proposed by |
9 | the judicial conference by general law; and to empower the |
10 | Legislature to amend or repeal rules of practice and |
11 | procedure in all courts by general law. |
12 |
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13 | Be It Resolved by the Legislature of the State of Florida: |
14 |
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15 | That the amendment to Section 2 of Article V of the State |
16 | Constitution set forth below is agreed to and shall be submitted |
17 | to the electors of Florida for approval or rejection at the |
18 | general election to be held in November 2004: |
19 | ARTICLE V |
20 | JUDICIARY |
21 | SECTION 2. Administration of courts; judicial conference; |
22 | rules of practice and procedure.-- |
23 | (a) A judicial conference is created. The duty of the |
24 | judicial conference is to propose rules of practice and |
25 | procedure in all courts. |
26 | (1) The judicial conference shall be composed of members |
27 | in the manner as provided by general law. |
28 | (2) The members of the judicial conference shall, by |
29 | majority vote, choose their chair and adopt rules to govern |
30 | their proceedings. |
31 | (3) The clerk of the supreme court shall serve as clerk of |
32 | the judicial conference. |
33 | (4) Rules of practice and procedure proposed by the |
34 | judicial conference shall be submitted to the legislature for |
35 | consideration. The legislature may adopt, amend, or reject such |
36 | rules by general law. Unless and until adopted by general law, |
37 | rules proposed by the judicial conference shall be of no force |
38 | or effect. If the legislature takes no action upon a proposed |
39 | rule before the next general election, the proposed rule shall |
40 | be deemed rejected. |
41 | (5) Rules proposed by the judicial conference shall not be |
42 | inconsistent with general law and shall not abridge, enlarge, or |
43 | modify any substantive right. |
44 | (6) Rules of practice and procedure may be repealed or |
45 | amended by general law. The supreme court shall adopt rules for |
46 | the practice and procedure in all courts including the time for |
47 | seeking appellate review, the administrative supervision of all |
48 | courts, the transfer to the court having jurisdiction of any |
49 | proceeding when the jurisdiction of another court has been |
50 | improvidently invoked, and a requirement that no cause shall be |
51 | dismissed because an improper remedy has been sought. The |
52 | supreme court shall adopt rules to allow the court and the |
53 | district courts of appeal to submit questions relating to |
54 | military law to the federal Court of Appeals for the Armed |
55 | Forces for an advisory opinion. Rules of court may be repealed |
56 | by general law enacted by two-thirds vote of the membership of |
57 | each house of the legislature. |
58 | (b) The chief justice of the supreme court shall be chosen |
59 | by a majority of the members of the court; shall be the chief |
60 | administrative officer of the judicial system; and shall have |
61 | the power to assign justices or judges, including consenting |
62 | retired justices or judges, to temporary duty in any court for |
63 | which the judge is qualified and to delegate to a chief judge of |
64 | a judicial circuit the power to assign judges for duty in that |
65 | circuit. |
66 | (c) A chief judge for each district court of appeal shall |
67 | be chosen by a majority of the judges thereof or, if there is no |
68 | majority, by the chief justice. The chief judge shall be |
69 | responsible for the administrative supervision of the court. |
70 | (d) A chief judge in each circuit shall be chosen from |
71 | among the circuit judges as provided by supreme court rule. The |
72 | chief judge shall be responsible for the administrative |
73 | supervision of the circuit courts and county courts in his |
74 | circuit. |
75 | BE IT FURTHER RESOLVED that the title and substance of the |
76 | amendment proposed herein shall appear on the ballot as follows: |
77 | COURT RULES OF PRACTICE AND PROCEDURE |
78 | Proposes an amendment to Section 2 of Article V of the |
79 | State Constitution to remove the Supreme Court's current |
80 | authority to adopt rules of practice and procedure in all |
81 | courts. The amendment creates a judicial conference empowered to |
82 | propose rules of practice and procedure in all courts. The |
83 | amendment provides that the judicial conference shall be |
84 | composed of members in a manner provided by general law. The |
85 | amendment requires the judicial conference to submit its rule |
86 | proposals to the Legislature. The amendment empowers the |
87 | Legislature to amend, adopt, reject, or repeal by general law |
88 | rules of practice and procedure proposed by the judicial |
89 | conference and to amend or repeal by general law existing rules |
90 | of practice and procedure that were not proposed by the judicial |
91 | conference. Under the amendment, rules proposed by the judicial |
92 | conference will have no force or effect unless and until adopted |
93 | by general law. If no action is taken by the Legislature to |
94 | adopt the rule by the next general election, the rule proposal |
95 | shall be deemed rejected. The amendment provides that rules |
96 | proposed by the judicial conference shall not be inconsistent |
97 | with general law and shall not abridge, enlarge, or modify any |
98 | substantive right. |