Bill Text: FL S1704 | 2011 | Regular Session | Introduced
Bill Title: Judicial Qualifications Commission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1704 Detail]
Download: Florida-2011-S1704-Introduced.html
Florida Senate - 2011 SJR 1704 By Senator Hays 20-01530B-11 20111704__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 3 12 of Article V of the State Constitution to require 4 that certain proceedings, records, and materials of 5 the Judicial Qualifications Commission be open to the 6 public and to require the commission to notify the 7 Speaker of the House of Representatives of complaints 8 received or initiated, investigations conducted, and 9 complaints concluded. 10 11 Be It Resolved by the Legislature of the State of Florida: 12 13 That the following amendment to Section 12 of Article V of 14 the State Constitution is agreed to and shall be submitted to 15 the electors of this state for approval or rejection at the next 16 general election or at an earlier special election specifically 17 authorized by law for that purpose: 18 ARTICLE V 19 JUDICIARY 20 SECTION 12. Discipline; removal and retirement.— 21 (a) JUDICIAL QUALIFICATIONS COMMISSION.—A judicial 22 qualifications commission is created. 23 (1) There shall be a judicial qualifications commission 24 vested with jurisdiction to investigate and recommend to the 25 Supreme Court of Florida the removal from office of any justice 26 or judge whose conduct, during term of office or otherwise 27 occurring on or after November 1, 1966, (without regard to the 28 effective date of this section) demonstrates a present unfitness 29 to hold office, and to investigate and recommend the discipline 30 of a justice or judge whose conduct, during term of office or 31 otherwise occurring on or after November 1, 1966 (without regard 32 to the effective date of this section), warrants such 33 discipline. For purposes of this section, discipline is defined 34 as any or all of the following: reprimand, fine, suspension with 35 or without pay, or lawyer discipline. The commission shall have 36 jurisdiction over justices and judges regarding allegations that 37 misconduct occurred before or during service as a justice or 38 judge if a complaint is made no later than one year following 39 service as a justice or judge. The commission shall have 40 jurisdiction regarding allegations of incapacity during service 41 as a justice or judge. The commission shall be composed of: 42 a. Two judges of district courts of appeal selected by the 43 judges of those courts, two circuit judges selected by the 44 judges of the circuit courts and two judges of county courts 45 selected by the judges of those courts; 46 b. Four electors who reside in the state, who are members 47 of the bar of Florida, and who shall be chosen by the governing 48 body of the bar of Florida; and 49 c. Five electors who reside in the state, who have never 50 held judicial office or been members of the bar of Florida, and 51 who shall be appointed by the governor. 52 (2) The members of the judicial qualifications commission 53 shall serve staggered terms, not to exceed six years, as 54 prescribed by general law. No member of the commission except a 55 judge shall be eligible for state judicial office while acting 56 as a member of the commission and for a period of two years 57 thereafter. No member of the commission shall hold office in a 58 political party or participate in any campaign for judicial 59 office or hold public office; provided that a judge may campaign 60 for judicial office and hold that office. The commission shall 61 elect one of its members as its chairperson. 62 (3) Members of the judicial qualifications commission not 63 subject to impeachment shall be subject to removal from the 64 commission pursuant to the provisions of Article IV, Section 7, 65 Florida Constitution. 66 (4)a. The commission shall adopt rules regulating its 67 proceedings, the filling of vacancies by the appointing 68 authorities, the disqualification of members, the rotation of 69 members between the panels, and the temporary replacement of 70 disqualified or incapacitated members. The commission’s rules, 71 or any part thereof, may be repealed by general law enacted by a 72 majority vote of the membership of each house of the 73 legislature, or by the supreme court, five justices concurring. 74 The commission shall have power to issue subpoenas. 75 b. Until formal charges against a justice or judge are 76 filed by the investigative panel with the clerk of the supreme 77 court of Florida, all proceedings by or before the commission 78 shall be confidential.; provided,However, upon: 79 1. Theafinding of probable cause and the filingby the80investigative panel with said clerkofsuchformal charges; 81 2. A determination that formal charges will not be filed; 82 or 83 3. The entry of a stipulation or other settlement agreement 84 before the investigative panel determines whether to file formal 85against ajustice or judgesuchcharges,and86 87 all further proceedings before the commission shall be open to 88 the public and all records and materials of the commission 89 relating to the complaint against the justice or judge shall be 90 open to the public for inspection or copying. However, 91 information that is otherwise confidential or exempt shall 92 retain its status. The records and materials shall be accessible 93 to the public regardless of whether they were received or 94 created while the proceedings were confidential or open to the 95 public. 96 (5) The commission shall have access to all information 97 from all executive, legislative and judicial agencies, including 98 grand juries, subject to the rules of the commission. At any 99 time, on request of the speaker of the house of representatives 100 or the governor, the commission shall make available all 101 information in the possession of the commission for use in 102 consideration of impeachment or suspension, respectively. The 103 commission shall notify the speaker of the house of 104 representatives of all complaints received or initiated, all 105 investigations conducted, and all complaints dismissed, settled, 106 or otherwise concluded. 107 (b) PANELS.—The commission shall be divided into an 108 investigative panel and a hearing panel as established by rule 109 of the commission. The investigative panel is vested with the 110 jurisdiction to receive or initiate complaints, conduct 111 investigations, dismiss complaints, and upon a vote of a simple 112 majority of the panel submit formal charges to the hearing 113 panel. The hearing panel is vested with the authority to receive 114 and hear formal charges from the investigative panel and upon a 115 two-thirds vote of the panel recommend to the supreme court the 116 removal of a justice or judge or the involuntary retirement of a 117 justice or judge for any permanent disability that seriously 118 interferes with the performance of judicial duties. Upon a 119 simple majority vote of the membership of the hearing panel, the 120 panel may recommend to the supreme court that the justice or 121 judge be subject to appropriate discipline. 122 (c) SUPREME COURT.—The supreme court shall receive 123 recommendations from the judicial qualifications commission’s 124 hearing panel. 125 (1) The supreme court may accept, reject, or modify in 126 whole or in part the findings, conclusions, and recommendations 127 of the commission and it may order that the justice or judge be 128 subjected to appropriate discipline, or be removed from office 129 with termination of compensation for willful or persistent 130 failure to perform judicial duties or for other conduct 131 unbecoming a member of the judiciary demonstrating a present 132 unfitness to hold office, or be involuntarily retired for any 133 permanent disability that seriously interferes with the 134 performance of judicial duties. Malafides, scienter or moral 135 turpitude on the part of a justice or judge shall not be 136 required for removal from office of a justice or judge whose 137 conduct demonstrates a present unfitness to hold office. After 138 the filing of a formal proceeding and upon request of the 139 investigative panel, the supreme court may suspend the justice 140 or judge from office, with or without compensation, pending 141 final determination of the inquiry. 142 (2) The supreme court may award costs to the prevailing 143 party. 144 (d) The power of removal conferred by this section shall be 145 both alternative and cumulative to the power of impeachment. 146 (e) Notwithstanding any of the foregoing provisions of this 147 section, if the person who is the subject of proceedings by the 148 judicial qualifications commission is a justice of the supreme 149 court of Florida all justices of such court automatically shall 150 be disqualified to sit as justices of such court with respect to 151 all proceedings therein concerning such person and the supreme 152 court for such purposes shall be composed of a panel consisting 153 of the seven chief judges of the judicial circuits of the state 154 of Florida most senior in tenure of judicial office as circuit 155 judge. For purposes of determining seniority of such circuit 156 judges in the event there be judges of equal tenure in judicial 157 office as circuit judge the judge or judges from the lower 158 numbered circuit or circuits shall be deemed senior. In the 159 event any such chief circuit judge is under investigation by the 160 judicial qualifications commission or is otherwise disqualified 161 or unable to serve on the panel, the next most senior chief 162 circuit judge or judges shall serve in place of such 163 disqualified or disabled chief circuit judge. 164 (f) SCHEDULE TO SECTION 12.— 165 (1) Except to the extent inconsistent with the provisions 166 of this section, all provisions of law and rules of court in 167 force on the effective date of this article shall continue in 168 effect until superseded in the manner authorized by the 169 constitution. 170 (2) After this section becomes effective and until adopted 171 by rule of the commission consistent with it: 172 a. The commission shall be divided, as determined by the 173 chairperson, into one investigative panel and one hearing panel 174 to meet the responsibilities set forth in this section. 175 b. The investigative panel shall be composed of: 176 1. Four judges, 177 2. Two members of the bar of Florida, and 178 3. Three non-lawyers. 179 c. The hearing panel shall be composed of: 180 1. Two judges, 181 2. Two members of the bar of Florida, and 182 3. Two non-lawyers. 183 d. Membership on the panels may rotate in a manner 184 determined by the rules of the commission provided that no 185 member shall vote as a member of the investigative and hearing 186 panel on the same proceeding. 187 e. The commission shall hire separate staff for each panel. 188 f. The members of the commission shall serve for staggered 189 terms of six years. 190 g. The terms of office of the present members of the 191 judicial qualifications commission shall expire upon the 192 effective date of the amendments to this section approved by the 193 legislature during the regular session of the legislature in 194 1996 and new members shall be appointed to serve the following 195 staggered terms: 196 1. Group I.—The terms of five members, composed of two 197 electors as set forth in s. 12(a)(1)c. of Article V, one member 198 of the bar of Florida as set forth in s. 12(a)(1)b. of Article 199 V, one judge from the district courts of appeal and one circuit 200 judge as set forth in s. 12(a)(1)a. of Article V, shall expire 201 on December 31, 1998. 202 2. Group II.—The terms of five members, composed of one 203 elector as set forth in s. 12(a)(1)c. of Article V, two members 204 of the bar of Florida as set forth in s. 12(a)(1)b. of Article 205 V, one circuit judge and one county judge as set forth in s. 206 12(a)(1)a. of Article V shall expire on December 31, 2000. 207 3. Group III.—The terms of five members, composed of two 208 electors as set forth in s. 12(a)(1)c. of Article V, one member 209 of the bar of Florida as set forth in s. 12(a)(1)b., one judge 210 from the district courts of appeal and one county judge as set 211 forth in s. 12(a)(1)a. of Article V, shall expire on December 212 31, 2002. 213 h. An appointment to fill a vacancy of the commission shall 214 be for the remainder of the term. 215 i. Selection of members by district courts of appeal 216 judges, circuit judges, and county court judges, shall be by no 217 less than a majority of the members voting at the respective 218 courts’ conferences. Selection of members by the board of 219 governors of the bar of Florida shall be by no less than a 220 majority of the board. 221 j. The commission shall be entitled to recover the costs of 222 investigation and prosecution, in addition to any penalty levied 223 by the supreme court. 224 k. The compensation of members and referees shall be the 225 travel expenses or transportation and per diem allowance as 226 provided by general law. 227 BE IT FURTHER RESOLVED that the following statement be 228 placed on the ballot: 229 CONSTITUTIONAL AMENDMENT 230 ARTICLE V, SECTION 12 231 MEETINGS, RECORDS, AND ACTIONS OF THE JUDICIAL 232 QUALIFICATIONS COMMISSION.—The Judicial Qualifications 233 Commission is an independent commission created by the State 234 Constitution to investigate and prosecute before the Florida 235 Supreme Court alleged misconduct by a justice or judge. 236 Currently under the Constitution, commission proceedings are 237 confidential until formal charges are filed by the investigative 238 panel of the commission. Once formal charges are filed, the 239 formal charges and all further proceedings of the commission are 240 public. This proposed amendment provides that all records and 241 materials in the possession of the commission which are not 242 otherwise confidential or exempt from disclosure and which 243 relate to a complaint against a justice or judge shall be open 244 to the public once formal charges are filed, once a decision is 245 made not to pursue formal charges, or once the commission and 246 the justice or judge enter into a settlement agreement before 247 the commission’s investigative panel determines whether to 248 pursue formal charges. Additionally, the amendment provides that 249 further proceedings of the commission are also open to the 250 public once a decision is made not to pursue formal charges or 251 once the commission and the justice or judge enter into a 252 settlement agreement before a decision is made on whether to 253 pursue formal charges. 254 Currently the State Constitution authorizes the House of 255 Representatives to impeach a justice or judge and authorizes the 256 Governor to suspend a justice or judge. Further, the Speaker of 257 the House of Representatives or the Governor may request, and 258 the Judicial Qualifications Commission must make available, all 259 information in the commission’s possession for use in deciding 260 whether to impeach or suspend a justice or judge. This proposed 261 amendment requires the commission to notify the Speaker of the 262 House of Representatives of all complaints received or initiated 263 against a justice or judge, all investigations conducted, and 264 all complaints dismissed, settled, or otherwise concluded. 265 266 BE IT FURTHER RESOLVED that the following statement be 267 placed on the ballot if a court declares the preceding statement 268 defective and the decision of the court is not reversed: 269 CONSTITUTIONAL AMENDMENT 270 ARTICLE V, SECTION 12 271 MAKING JUDICIAL QUALIFICATIONS COMMISSION MEETINGS AND 272 RECORDS PUBLIC AND REQUIRING NOTICE TO THE HOUSE SPEAKER. 273 Proposing an amendment to the State Constitution to increase 274 public access to records and meetings of the Judicial 275 Qualifications Commission relating to complaints against 276 justices or judges in this state. The commission is responsible 277 for investigating and prosecuting allegations of alleged 278 misconduct by state justices and judges. Currently, the State 279 Constitution provides that until formal charges are filed by the 280 commission’s investigative panel the proceedings of the 281 commission are confidential. However, once formal charges are 282 filed, the charges and all further proceedings are open to the 283 public. The initial complaint and other documents in possession 284 of the commission before the filing of formal charges do not 285 become public after the filing of formal charges. This proposed 286 amendment provides that all further proceedings shall be open to 287 the public and all records and materials in the possession of 288 the commission relating to a complaint against a justice or 289 judge shall be open to the public for inspection or copying once 290 one of the following events occurs: formal charges are filed; a 291 decision is made not to file formal charges; or, before a 292 decision is made on whether to file formal charges, the 293 commission and the justice or judge enter into a settlement 294 agreement. The proposed amendment applies only to information 295 that is not otherwise confidential or exempt from disclosure. 296 The State Constitution currently authorizes the House of 297 Representatives to impeach a justice or judge and authorizes the 298 Governor to suspend a justice or judge. The Constitution also 299 authorizes the Speaker of the House of Representatives or the 300 Governor to request from the Judicial Qualifications Commission 301 all information in the commission’s possession for use in 302 deciding whether to impeach or suspend. The commission must make 303 the information available to the Governor and the Speaker of the 304 House of Representatives. This proposed amendment to the State 305 Constitution requires the commission to notify the Speaker of 306 the House of Representatives of all complaints received or 307 initiated against a justice or judge, all investigations 308 conducted, and all complaints dismissed, settled, or otherwise 309 concluded. 310 311 BE IT FURTHER RESOLVED that the following statement be 312 placed on the ballot if a court declares the preceding statement 313 defective and the decision of the court is not reversed: 314 CONSTITUTIONAL AMENDMENT 315 ARTICLE V, SECTION 12 316 COMPLAINTS AGAINST AND INVESTIGATIONS OF JUSTICES AND 317 JUDGES.—Proposing an amendment to the State Constitution to 318 provide that all records, materials, and proceedings related to 319 complaints and investigations of the Judicial Qualifications 320 Commission which are not otherwise exempt from disclosure shall 321 be open to the public for inspection and copying upon the filing 322 of formal charges against the justice or judge, upon a 323 determination that formal charges will not be filed, or upon the 324 commission and the justice or judge entering into a settlement 325 before a decision is made about whether to file formal charges. 326 This provision applies to all records and materials in the 327 possession of the commission relating to that complaint against 328 the justice or judge. The commission is responsible for 329 investigating and prosecuting allegations of misconduct by state 330 justices and judges. Currently, after formal charges are filed, 331 all further proceedings conducted are open to the public and 332 records and materials thereafter created or acquired by the 333 commission are open to the public. 334 The State Constitution also provides currently that the 335 House of Representatives may investigate a justice or judge for 336 misconduct and may initiate impeachment proceedings against a 337 justice or judge for the misconduct. This proposed amendment 338 requires the Judicial Qualifications Commission to notify the 339 Speaker of the House of Representatives of all complaints 340 received or initiated against justices and judges, of all 341 investigations conducted against justices and judges, and of all 342 complaints against justices and judges which are dismissed, 343 settled, or otherwise concluded. 344 345 BE IT FURTHER RESOLVED that the following statement be 346 placed on the ballot if a court declares the preceding statement 347 defective and the decision of the court is not reversed: 348 CONSTITUTIONAL AMENDMENT 349 ARTICLE V, SECTION 12 350 REVISING DISCLOSURE REQUIREMENTS FOR THE JUDICIAL 351 QUALIFICATIONS COMMISSION.—The State Constitution provides for 352 the Judicial Qualifications Commission to investigate and 353 recommend to the Supreme Court of Florida the discipline of any 354 justice or judge whose conduct warrants discipline. The State 355 Constitution also provides that commission proceedings are 356 confidential until formal charges are filed, at which point 357 further proceedings are open to the public. This proposed 358 amendment maintains the requirement for those proceedings to be 359 open to the public, but also provides for increased public 360 access to proceedings of the commission and its records and 361 materials. Specifically, under the amendment, the proceedings of 362 the commission must be open to the public upon a determination 363 by the commission that formal charges will not be filed or upon 364 the entry into a settlement agreement with the justice or judge 365 before the commission makes a decision on whether to file formal 366 charges. Also under the amendment, all records and materials of 367 the commission related to a complaint must be accessible to the 368 public, excluding information that is otherwise confidential or 369 exempt from disclosure, once the proceedings relating to the 370 complaint are open to the public. The proposed amendment 371 additionally requires the commission to notify the Speaker of 372 the House of Representatives of all complaints received, 373 initiated, or concluded and of all investigations conducted.