Bill Text: FL H1097 | 2011 | Regular Session | Introduced

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Bill Title: Senate Confirmation of Justices and Judges

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1097 Detail]

Download: Florida-2011-H1097-Introduced.html

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HJR 1097

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 11 of
3	Article V of the State Constitution to provide for Senate
4	confirmation of justices and judges subject to a merit-
5	retention vote.
6
7	Be It Resolved by the Legislature of the State of Florida:
8
9	That the following amendment to Section 11 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 11.  Vacancies.-
17	(a)  Whenever a vacancy occurs in a judicial office to
18	which election for retention applies, the governor shall fill
19	the vacancy by appointment subject to senate confirmation. If
20	the senate does not confirm an appointment within 180 days after
21	receipt of the governor's communication, the nominee shall be
22	deemed unconfirmed. The senate may sit for the purposes of
23	confirmation regardless of whether the house of representatives
24	is in session. An appointment shall be appointing for a term
25	ending on the first Tuesday after the first Monday in January of
26	the year following the next general election occurring at least
27	one year after the date of confirmation appointment, one of not
28	fewer than three persons nor more than six persons nominated by
29	the appropriate judicial nominating commission.
30	(b)  The governor shall fill each vacancy on a circuit
31	court or on a county court, wherein the judges are elected by a
32	majority vote of the electors, by appointing for a term ending
33	on the first Tuesday after the first Monday in January of the
34	year following the next primary and general election occurring
35	at least one year after the date of appointment, one of not
36	fewer than three persons nor more than six persons nominated by
37	the appropriate judicial nominating commission. An election
38	shall be held to fill that judicial office for the term of the
39	office beginning at the end of the appointed term.
40	(c)  The nominations shall be made within thirty days from
41	the occurrence of a vacancy unless the period is extended by the
42	governor for a time not to exceed thirty days. The governor
43	shall make the appointment within sixty days after the
44	nominations have been certified to the governor.
45	(d)  There shall be a separate judicial nominating
46	commission as provided by general law for the supreme court,
47	each district court of appeal, and each judicial circuit for all
48	trial courts within the circuit. Uniform rules of procedure
49	shall be established by the judicial nominating commissions at
50	each level of the court system. Such rules, or any part thereof,
51	may be repealed by general law enacted by a majority vote of the
52	membership of each house of the legislature, or by the supreme
53	court, five justices concurring. Except for deliberations of the
54	judicial nominating commissions, the proceedings of the
55	commissions and their records shall be open to the public.
56	BE IT FURTHER RESOLVED that the following statement be
57	placed on the ballot:
58	CONSTITUTIONAL AMENDMENT
59	ARTICLE V, SECTION 11
60	SENATE CONFIRMATION OF JUSTICES AND JUDGES.-Proposing an
61	amendment to the State Constitution to modify the judicial
62	nominating and appointment process for judicial offices
63	requiring merit-retention votes by requiring Senate approval of
64	judicial nominations to the Supreme Court and district courts of
65	appeal. Currently, when a vacancy in the office of justice of
66	the Supreme Court or in the office of judge of a district court
67	of appeal arises, the State Constitution requires that a
68	judicial nominating commission convenes to interview applicants
69	and then present to the Governor a list of three to six
70	qualified nominees for the vacancy. The Governor must appoint
71	one of those nominees to the position. Upon appointment by the
72	Governor, the nominee is in office as a justice or judge. The
73	proposed amendment would eliminate the constitutional
74	requirement that a judicial nominating commission provide the
75	Governor with a list of candidates for appointment. If this
76	amendment passes, the Governor could appoint any qualified
77	person as justice or judge, subject to confirmation by the
78	Florida Senate. The Senate would have 180 days in which to vote
79	on a nominee. If the Senate fails to vote for the nominee in
80	that time period, the nomination would fail and the Governor
81	would have to make another nomination. The requirement for
82	Senate confirmation would also apply to nominations for circuit
83	judge or county judge in any jurisdiction that has elected to
84	use merit selection and retention in the jurisdiction.

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