Bill Text: FL S0856 | 2011 | Regular Session | Introduced


Bill Title: Judicial Nominating Commissions

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0856 Detail]

Download: Florida-2011-S0856-Introduced.html
       Florida Senate - 2011                                     SB 856
       
       
       
       By Senator Joyner
       
       
       
       
       18-01041-11                                            2011856__
    1                        A bill to be entitled                      
    2         An act relating to judicial nominating commissions;
    3         amending s. 43.291, F.S.; providing for the Board of
    4         Governors of The Florida Bar rather than the Governor
    5         to appoint members of judicial nominating commissions;
    6         requiring that each judicial nominating commission
    7         satisfy certain prerequisites for racial and gender
    8         diversity; providing for the prerequisites to be
    9         satisfied over a period of time; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 43.291, Florida Statutes, is amended to
   15  read:
   16         43.291 Judicial nominating commissions.—
   17         (1) Each judicial nominating commission shall be composed
   18  of the following members:
   19         (a) Three Four members, at least one of whom must be a
   20  member of a racial or ethnic minority group or a woman,
   21  appointed by the Board of Governors of The Florida Bar from
   22  among members of The Florida Bar, appointed by the Governor, who
   23  are actively engaged in the practice of law and have offices
   24  within, each of whom is a resident of the territorial
   25  jurisdiction of the affected court or in the district or
   26  circuit; served by the commission to which the member is
   27  appointed. The Board of Governors of The Florida Bar shall
   28  submit to the Governor three recommended nominees for each
   29  position. The Governor shall select the appointee from the list
   30  of nominees recommended for that position, but the Governor may
   31  reject all of the nominees recommended for a position and
   32  request that the Board of Governors submit a new list of three
   33  different recommended nominees for that position who have not
   34  been previously recommended by the Board of Governors.
   35         (b) Three electors, at least one of whom must be a member
   36  of a racial or ethnic minority group or a woman, who reside in
   37  the territorial jurisdiction of the court or in the circuit,
   38  appointed by the Governor; and Five members appointed by the
   39  Governor, each of whom is a resident of the territorial
   40  jurisdiction served by the commission to which the member is
   41  appointed, of which at least two are members of The Florida Bar
   42  engaged in the practice of law.
   43         (c) Three electors, at least one of whom must be a member
   44  of a racial or ethnic minority group or a woman, who reside in
   45  the territorial jurisdiction of the court or in the circuit, and
   46  who are not members of The Florida Bar, selected and appointed
   47  by a majority vote of the other six members of the commission.
   48         (2) A justice or judge may not be a member of a judicial
   49  nominating commission. A member of a judicial nominating
   50  commission may hold public office other than judicial office. A
   51  member of a judicial nominating commission is not eligible for
   52  appointment, during his or her term of office and for a period
   53  of 2 years thereafter, to any state judicial office for which
   54  that commission has the authority to make nominations. All acts
   55  of a judicial nominating commission must be made with a
   56  concurrence of a majority of its members.
   57         (3) Notwithstanding any other provision of this section,
   58  each current member of a judicial nominating commission
   59  appointed directly by the Board of Governors of The Florida Bar
   60  shall serve the remainder of his or her term, unless removed for
   61  cause. The terms of all other members of a judicial nominating
   62  commission are hereby terminated, and the Governor shall appoint
   63  new members to each judicial nominating commission in the
   64  following manner:
   65         (a) Two appointments for terms ending July 1, 2002, one of
   66  which shall be an appointment selected from nominations
   67  submitted by the Board of Governors of The Florida Bar pursuant
   68  to paragraph (1)(a);
   69         (b) Two appointments for terms ending July 1, 2003; and
   70         (c) Two appointments for terms ending July 1, 2004.
   71  
   72  Every subsequent appointment, except an appointment to fill a
   73  vacant, unexpired term, shall be for 4 years. Each expired term
   74  or vacancy shall be filled by appointment in the same manner as
   75  the member whose position is being filled.
   76         (4) In making an appointment, the Governor shall seek to
   77  ensure that, to the extent possible, the membership of the
   78  commission reflects the racial, ethnic, and gender diversity, as
   79  well as the geographic distribution, of the population within
   80  the territorial jurisdiction of the court for which nominations
   81  will be considered. The Governor shall also consider the
   82  adequacy of representation of each county within the judicial
   83  circuit.
   84         (5) A member of a judicial nominating commission may be
   85  suspended for cause by the Governor pursuant to uniform rules of
   86  procedure established by the Executive Office of the Governor
   87  consistent with s. 7 of Art. IV of the State Constitution.
   88         (6) A quorum of the judicial nominating commission is
   89  necessary to take any action or transact any business. For
   90  purposes of this section, a quorum consists of a majority of
   91  commission members currently appointed.
   92         (7) The Executive Office of the Governor shall provide all
   93  administrative support for each judicial nominating commission.
   94  The Executive Office of the Governor shall adopt rules necessary
   95  to administer this section.
   96         Section 2. If, on July 1, 2011, the composition of a
   97  judicial nominating commission does not comply with s.
   98  43.291(1), Florida Statutes, at least every other appointment to
   99  that commission must be a member of a racial or ethnic minority
  100  group or a woman until the diversity requirements of s.
  101  43.291(1), Florida Statutes, are satisfied.
  102         Section 3. This act shall take effect July 1, 2011.

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