Bill Text: FL S0186 | 2010 | Regular Session | Introduced
Bill Title: Judicial Nominating Commissions [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S0186 Detail]
Download: Florida-2010-S0186-Introduced.html
Florida Senate - 2010 SB 186 By Senator Joyner 18-00041A-10 2010186__ 1 A bill to be entitled 2 An act relating to judicial nominating commissions; 3 amending s. 43.291, F.S.; authorizing the Board of 4 Governors of The Florida Bar to appoint some of the 5 members of Judicial Nominating Commissions; requiring 6 that each judicial nominating commission satisfy 7 certain prerequisites for racial and gender diversity; 8 providing for the prerequisites to be satisfied over a 9 period of time; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 43.291, Florida Statutes, is amended to 14 read: 15 43.291 Judicial nominating commissions.— 16 (1) Each judicial nominating commission shall be composed 17 of the followingmembers: 18 (a) ThreeFourmembers, at least one of whom must be a 19 member of a racial or ethnic minority group or a woman, 20 appointed by the Board of Governors of The Florida Bar from 21 among The Florida Bar members, appointed by the Governor,who 22 are actively engaged in the practice of law with offices within,23each of whom is a resident ofthe territorial jurisdiction of 24 the affected court, or in the district or circuit;served by the25commission to which the member is appointed.The Board of26Governors of The Florida Bar shall submit to the Governor three27recommended nominees for each position. The Governor shall28select the appointee from the list of nominees recommended for29that position, but the Governor may reject all of the nominees30recommended for a position and request that the Board of31Governors submit a new list of three different recommended32nominees for that position who have not been previously33recommended by the Board of Governors.34 (b) Three electors, at least one of whom must be a member 35 of a racial or ethnic minority group or a woman, who reside in 36 the territorial jurisdiction of the court or in the circuit, 37 appointed by the Governor; andFive members appointed by the38Governor, each of whom is a resident of the territorial39jurisdiction served by the commission to which the member is40appointed, of which at least two are members of The Florida Bar41engaged in the practice of law.42 (c) Three electors, at least one of whom must be a member 43 of a racial or ethnic minority group or a woman, who reside in 44 the territorial jurisdiction of the court or in the circuit and 45 who are not members of The Florida Bar, selected and appointed 46 by a majority vote of the other six members of the commission. 47 (2) A justice or judge may not be a member of a judicial 48 nominating commission. A member of a judicial nominating 49 commission may hold public office other than judicial office. A 50 member of a judicial nominating commission is not eligible for 51 appointment, during his or her term of office and for a period 52 of 2 years thereafter, to any state judicial office for which 53 that commission has the authority to make nominations. All acts 54 of a judicial nominating commission must be made with a 55 concurrence of a majority of its members. 56 (3) Notwithstanding any other provision of this section, 57 each current member of a judicial nominating commission 58 appointed directly by the Board of Governors of The Florida Bar 59 shall serve the remainder of his or her term, unless removed for 60 cause. The terms of all other members of a judicial nominating 61 commission are hereby terminated, and the Governor shall appoint 62 new members to each judicial nominating commission in the 63 following manner: 64 (a) Two appointments for terms ending July 1, 2002, one of 65 which shall be an appointment selected from nominations 66 submitted by the Board of Governors of The Florida Bar pursuant 67 to paragraph (1)(a); 68 (b) Two appointments for terms ending July 1, 2003; and 69 (c) Two appointments for terms ending July 1, 2004. 70 71 Every subsequent appointment, except an appointment to fill a 72 vacant, unexpired term, shall be for 4 years. Each expired term 73 or vacancy shall be filled by appointment in the same manner as 74 the member whose position is being filled. 75 (4) In making an appointment, the Governor shall seek to 76 ensure that, to the extent possible, the membership of the 77 commission reflects the racial, ethnic, and gender diversity, as 78 well as the geographic distribution, of the population within 79 the territorial jurisdiction of the court for which nominations 80 will be considered. The Governor shall also consider the 81 adequacy of representation of each county within the judicial 82 circuit. 83 (5) A member of a judicial nominating commission may be 84 suspended for cause by the Governor pursuant to uniform rules of 85 procedure established by the Executive Office of the Governor 86 consistent with s. 7 of Art. IV of the State Constitution. 87 (6) A quorum of the judicial nominating commission is 88 necessary to take any action or transact any business. For 89 purposes of this section, a quorum consists of a majority of 90 commission members currently appointed. 91 (7) The Executive Office of the Governor shall provide all 92 administrative support for each judicial nominating commission. 93 The Executive Office of the Governor shall adopt rules necessary 94 to administer this section. 95 Section 2. If, on July 1, 2010, the composition of a 96 judicial nominating commission does not comply with s. 97 43.291(1), Florida Statutes, at least every other appointment to 98 that commission must be a member of a racial or ethnic minority 99 group or a woman until the diversity requirements of s. 100 43.291(1), Florida Statutes, are satisfied. 101 Section 3. This act shall take effect July 1, 2010.