HB 971

1	A bill to be entitled
2	An act relating to the judiciary; amending s. 25.073,
3	F.S.; providing that if a retired justice or judge is
4	assigned to temporary duty, such assignment does not
5	affect his or her eligibility for benefits under the
6	Florida Retirement System; amending s. 43.291, F.S.;
7	revising qualifications for appointment to a judicial
8	nominating commission; specifying that acts of a
9	judicial nominating commission must be made with a
10	concurrence of a majority of its current members;
11	deleting obsolete language; providing an effective
12	date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsection (4) is added to section 25.073,
17	Florida Statutes, to read:
18	25.073  Retired justices or judges assigned to temporary
19	duty; additional compensation; appropriation.-
20	(4)  For a retired judge consenting to temporary duty in
21	any court, as assigned by the Chief Justice of the Supreme Court
22	in accordance with s. 2, Art. V of the State Constitution:
23	(a)  The definition of the term "termination" in s.
24	121.021(39)(b) does not apply, and termination occurs upon the
25	judge's retirement from non-temporary, active duty as a judge.
26	(b)  Section 121.091(9)(c) does not apply, and such
27	temporary duty is not considered reemployment or employment
28	after retirement for purposes of chapter 121.
29	Section 2.  Subsections (1), (2), and (3) of section
30	43.291, Florida Statutes, are amended to read:
31	43.291  Judicial nominating commissions.-
32	(1)  Each judicial nominating commission shall be composed
33	of the following members:
34	(a)  Four members of The Florida Bar, appointed by the
35	Governor, who are engaged in the practice of law, each of whom
36	is a resident of the territorial jurisdiction served by the
37	commission to which the member is appointed. The Board of
38	Governors of The Florida Bar shall submit to the Governor three
39	recommended nominees for each position. The Governor shall
40	select the appointee from the list of nominees recommended for
41	that position, but the Governor may reject all of the nominees
42	recommended for a position and request that the Board of
43	Governors submit a new list of three different recommended
44	nominees for that position who have not been previously
45	recommended by the Board of Governors.
46	(b)  Five members appointed by the Governor, each of whom
47	is a resident of the territorial jurisdiction served by the
48	commission to which the member is appointed, of which at least
49	two are members of The Florida Bar engaged in the practice of
50	law.
51	(2)  A justice or judge may not be a member of a judicial
52	nominating commission. A member of a judicial nominating
53	commission may hold public office other than judicial office. A
54	member of a judicial nominating commission is not eligible for
55	appointment, during his or her term of office and for a period
56	of 2 years thereafter, to any state judicial office for which
57	that commission has the authority to make nominations. All acts
58	of a judicial nominating commission must be made with a
59	concurrence of a majority of its current members.
60	(3)  Appointments to a judicial nominating commission,
61	except an appointment to fill a vacant, unexpired term, shall be
62	for 4 years. Each expired term or vacancy shall be filled by
63	appointment in the same manner as the member whose position is
64	being filled. Notwithstanding any other provision of this
65	section, each current member of a judicial nominating commission
66	appointed directly by the Board of Governors of The Florida Bar
67	shall serve the remainder of his or her term, unless removed for
68	cause. The terms of all other members of a judicial nominating
69	commission are hereby terminated, and the Governor shall appoint
70	new members to each judicial nominating commission in the
71	following manner:
72	(a)  Two appointments for terms ending July 1, 2002, one of
73	which shall be an appointment selected from nominations
74	submitted by the Board of Governors of The Florida Bar pursuant
75	to paragraph (1)(a);
76	(b)  Two appointments for terms ending July 1, 2003; and
77	(c)  Two appointments for terms ending July 1, 2004.
78
79	Every subsequent appointment, except an appointment to fill a
80	vacant, unexpired term, shall be for 4 years. Each expired term
81	or vacancy shall be filled by appointment in the same manner as
82	the member whose position is being filled.
83	Section 3.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.