| 1 | House Joint Resolution |
| 2 | A joint resolution proposing an amendment to Section 10 of |
| 3 | Article V of the State Constitution to increase the |
| 4 | percentage of votes required to retain justices or judges |
| 5 | in office. |
| 6 |
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| 7 | Be It Resolved by the Legislature of the State of Florida: |
| 8 |
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| 9 | That the following amendment to Section 10 of Article V of |
| 10 | the State Constitution is agreed to and shall be submitted to |
| 11 | the electors of this state for approval or rejection at the next |
| 12 | general election or at an earlier special election specifically |
| 13 | authorized by law for that purpose: |
| 14 | ARTICLE V |
| 15 | JUDICIARY |
| 16 | SECTION 10. Retention; election and terms.- |
| 17 | (a) Any justice or judge may qualify for retention by a |
| 18 | vote of the electors in the general election next preceding the |
| 19 | expiration of the justice's or judge's term in the manner |
| 20 | prescribed by law. If a justice or judge is ineligible or fails |
| 21 | to qualify for retention, a vacancy shall exist in that office |
| 22 | upon the expiration of the term being served by the justice or |
| 23 | judge. When a justice or judge so qualifies, the ballot shall |
| 24 | read substantially as follows: "Shall Justice (or Judge) |
| 25 | ...(name of justice or judge)... of the ...(name of the |
| 26 | court)... be retained in office?" If at least sixty percent a |
| 27 | majority of the qualified electors voting within the territorial |
| 28 | jurisdiction of the court vote to retain, the justice or judge |
| 29 | shall be retained for a term of six years. The term of the |
| 30 | justice or judge retained shall commence on the first Tuesday |
| 31 | after the first Monday in January following the general |
| 32 | election. If more than forty percent a majority of the qualified |
| 33 | electors voting within the territorial jurisdiction of the court |
| 34 | vote to not retain, a vacancy shall exist in that office upon |
| 35 | the expiration of the term being served by the justice or judge. |
| 36 | (b)(1) The election of circuit judges shall be preserved |
| 37 | notwithstanding the provisions of subsection (a) unless a |
| 38 | majority of those voting in the jurisdiction of that circuit |
| 39 | approves a local option to select circuit judges by merit |
| 40 | selection and retention rather than by election. The election of |
| 41 | circuit judges shall be by a vote of the qualified electors |
| 42 | within the territorial jurisdiction of the court. |
| 43 | (2) The election of county court judges shall be preserved |
| 44 | notwithstanding the provisions of subsection (a) unless a |
| 45 | majority of those voting in the jurisdiction of that county |
| 46 | approves a local option to select county judges by merit |
| 47 | selection and retention rather than by election. The election of |
| 48 | county court judges shall be by a vote of the qualified electors |
| 49 | within the territorial jurisdiction of the court. |
| 50 | (3)a. A vote to exercise a local option to select circuit |
| 51 | court judges and county court judges by merit selection and |
| 52 | retention rather than by election shall be held in each circuit |
| 53 | and county at the general election in the year 2000. If a vote |
| 54 | to exercise this local option fails in a vote of the electors, |
| 55 | such option shall not again be put to a vote of the electors of |
| 56 | that jurisdiction until the expiration of at least two years. |
| 57 | b. After the year 2000, a circuit may initiate the local |
| 58 | option for merit selection and retention or the election of |
| 59 | circuit judges, whichever is applicable, by filing with the |
| 60 | custodian of state records a petition signed by the number of |
| 61 | electors equal to at least ten percent of the votes cast in the |
| 62 | circuit in the last preceding election in which presidential |
| 63 | electors were chosen. |
| 64 | c. After the year 2000, a county may initiate the local |
| 65 | option for merit selection and retention or the election of |
| 66 | county court judges, whichever is applicable, by filing with the |
| 67 | supervisor of elections a petition signed by the number of |
| 68 | electors equal to at least ten percent of the votes cast in the |
| 69 | county in the last preceding election in which presidential |
| 70 | electors were chosen. The terms of circuit judges and judges of |
| 71 | county courts shall be for six years. |
| 72 | BE IT FURTHER RESOLVED that the following statement be |
| 73 | placed on the ballot: |
| 74 | CONSTITUTIONAL AMENDMENT |
| 75 | ARTICLE V, SECTION 10 |
| 76 | INCREASING THE PERCENTAGE OF VOTES NECESSARY TO RETAIN |
| 77 | JUSTICES AND JUDGES IN OFFICE.-This amendment to the State |
| 78 | Constitution increases the percentage of votes necessary to |
| 79 | retain justices and judges in office. Currently when a justice |
| 80 | or judge qualifies to serve an additional term in office, his or |
| 81 | her name appears on the ballot for a retention election. If a |
| 82 | majority of the electors participating in the election cast |
| 83 | votes in favor of retention, the justice or judge continues in |
| 84 | office for another 6-year term. However, if a majority of the |
| 85 | electors do not vote to retain the justice or judge, he or she |
| 86 | leaves office at the end of the current term. This amendment |
| 87 | increases the necessary level of voter approval from a majority |
| 88 | of the votes to 60 percent of the votes for a justice or judge |
| 89 | to be retained for another term. This provision will apply to |
| 90 | all state court appellate justices and judges. However, it will |
| 91 | only apply to trial court judges in a judicial circuit or county |
| 92 | if the circuit or county has approved merit selection and |
| 93 | retention for those offices. Otherwise, this proposed amendment |
| 94 | will not affect circuit court judges or county court judges in a |
| 95 | circuit. |