Bill Text: FL S2696 | 2010 | Regular Session | Introduced
Bill Title: Judiciary [WPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S2696 Detail]
Download: Florida-2010-S2696-Introduced.html
Florida Senate - 2010 SJR 2696 By Senator Siplin 19-01573A-10 20102696__ 1 Senate Joint Resolution 2 A joint resolution proposing amendments to Sections 1, 3 2, 3, 4, 5, 8, 12, 14, 15, 17, and 20 of Article V of 4 the State Constitution, relating to the judiciary, to 5 provide a general revision of provisions relating to 6 state courts; courts administration, practices, and 7 procedures; organization and jurisdiction of the 8 Supreme Court, district courts of appeal, and circuit 9 courts; eligibility criteria for judges; organization 10 and jurisdiction of the judicial qualification 11 commission; funding of the state courts system; and 12 regulation of admission and practice of attorneys; and 13 to delete obsolete schedule provisions. 14 15 WHEREAS, it seems, whether intentionally or not, that the 16 people are denied or deprived their rights to political power 17 under s. 1, Article I of the State Constitution and their basic 18 rights to be heard on procedural laws under s. 2, Article I of 19 the State Constitution. This is obvious from the historic 20 volumes of rules and cases lacking their input or giving them 21 proper or adequate notice of such proceedings, and 22 WHEREAS, Florida citizens, in enhancing integrity and 23 justice in their court system through their state Legislature, 24 are a true voice and source of political power of the people, 25 and 26 WHEREAS, it is the duty of the Legislature to prescribe 27 substantive law, and procedural law promulgated and adopted by 28 the courts is simply or merely supplementary to executing such 29 substantive law, and 30 WHEREAS, not a few among the members of The Florida Bar 31 openly and many silently have and do attest to the unfitness of 32 many judges throughout the state as may be seen for example in 33 the Florida Bar News of 2/15 and 3/1, 2007, and the media, and 34 WHEREAS, many citizens throughout the state have attested 35 openly to the unfitness of the judiciary and the courts, for 36 example the 2006-2007 public meetings and transcripts produced 37 by the Florida Supreme Court committee on fairness and diversity 38 and the media, and 39 WHEREAS, the Judicial Qualifications Commission disciplines 40 the judicial officers of the courts, yet such vehicle fails to 41 sufficiently keep accountability of such officers, though many 42 complaints may be filed citing valid violations, ultimately, 43 being in the discretion of the commission to prosecute, and 44 WHEREAS, if or when discipline is pursued successfully 45 against any given judge, the majority are very lightly 46 sanctioned, being clearly without question of moral and fiscal 47 injustice to the people, for example Honorable Brandt Downey, 48 III, and Bonnie S. Newton, and 49 WHEREAS, Honorable Judges Cliff Barnes in case SC06-2119 50 and Michael Allen in case SC07-774 have been clearly harassed 51 and retaliated against by their colleagues for upholding their 52 duty and oath as law-abiding judicial officers to speak out 53 against such judicial branch misconduct, and 54 WHEREAS, rulings and opinions rendered by the courts made 55 without written expression (per curiam) have been shunned or 56 deprive the people of justice as expressed by The Florida Bar 57 and the people in the 2006 Report on District Court of Appeal 58 Workload & Jurisdiction, Public Trust and Confidence, pgs 19-20, 59 and Other Recommendations, pg 32, conducted by the District 60 Court of Appeal Workload and Jurisdiction Assessment Committee, 61 and 62 WHEREAS, in Newmons v. Lake Worth Drainage District, 87 63 So.2d 49, 50-51[1,2](Fla. 1956) it is obvious the resulting 64 injustice in using a per curiam, where any litigant or lawyer 65 must guess as to why or how the determination was adverse, and 66 in all reality may never figure it out due to the myriad of 67 grounds expressed by the court as to what may have prompted such 68 an opinion, and a basis of such an opinion is to dispose of 69 heavy caseloads as expressed in Whipple v. State, 431 So.2d 70 1011, 1115 (Fla. 2d DCA 1983), thereby, violating the rules of 71 binding precedent, stare decisis, and due process of law, and 72 WHEREAS, in the recent 15 to 20 years numerous decisions 73 sent down from the Florida Supreme Court have lacked clarity and 74 thoroughness subjecting them to differing or conflicting 75 constructions to such a extent that District Courts of Appeal 76 have struggled in resolving or comprehending them, thereby, 77 eroding and undermining the rules of binding precedent, stare 78 decisis, and due process of law, and 79 WHEREAS, since its mandate in The Florida Bar v. Furman, 80 376 So.2d 378, 382 (Fla. 1979) the bar and courts have failed to 81 provide adequate legal representation services to the poor and 82 disadvantaged, and there has been further a decline and 83 unwillingness to provide pro bono services as expressed in the 84 Florida Bar News, 2/15, 2007, as to such, and 85 WHEREAS, The Florida Bar has conceded the majority of their 86 members lack proper and adequate competence, yet dismisses 87 thousands of complaints as expressed by LOMAS, the bar, and 88 bench, thereby undermining the people claiming to protect the 89 public from those who are incompetent, unethical, or 90 irresponsible in The Florida Bar v. Moses, 380 So.2d 412, 417 91 (Fla. 1980), Ippolito v. State Of Florida, 824 F.Supp. 1562, 92 1575 (M.D. Fla. 1993), and 93 WHEREAS, due to the state of the bar and bench, any officer 94 of the court must in any given circumstance, at any given time, 95 compromise or, worse, forsake his or her oath and duty for fear 96 or favor, and 97 WHEREAS, qualifying and aspiring bar members have been 98 deprived an office of judgeship by being subjected to a custom 99 based on fear or favor of present judges claiming their office 100 for life and that they dare not run for such an office until a 101 particular judge retires, resigns, or is impeached, and 102 WHEREAS, the people of Florida are made, whether 103 intentionally or not, estranged to or ignorant of their judicial 104 branch, as has been reported by The Florida Bar and the media, 105 and 106 WHEREAS, by the foregoing the people have developed a clear 107 perception of lack of trust and confidence in their judiciary, 108 bar, and court system as expressed in recent public meetings and 109 transcripts prepared by the Florida Supreme Court committee on 110 fairness and diversity, and the media, and 111 WHEREAS, the judicial branch of this state has been in dire 112 need of proper funding to resolve many of the internal problems 113 it bears presently as to misconduct, injustice, and the rule of 114 law, and 115 WHEREAS, the 44th Governor of this state, Charlie Crist, 116 expressed in voluminous recordings and public appearances that 117 the people are the boss, and “it is the checks and balances 118 built into America’s republican form of government that keeps 119 the nation strong and he is committed to preserving the balance 120 between the three branches of government” and “it is up to all 121 Floridians to address the state’s problems” and “making sure 122 that if we see an injustice, we try to stop it. If we see 123 somebody that needs help, we give it. We need to do what we can 124 to ensure that social justice is done and that Florida – our 125 dear blessed Florida — leads the way.” in the Florida Bar News 126 of 2/15, 2007, and 127 WHEREAS, as a complement and memorial to ideas 38, 46, 93, 128 and 97 of the 100 Ideas of former Speaker of the House of 129 Representatives, Marco Rubio, NOW, THEREFORE, 130 131 Be It Resolved by the Legislature of the State of Florida: 132 133 That the following amendments to Sections 1, 2, 3, 4, 5, 8, 134 12, 14, 15, 17, and 20 of Article V of the State Constitution 135 are agreed to and shall be submitted to the electors of this 136 state for approval or rejection at the next general election or 137 at an earlier special election specifically authorized by law 138 for that purpose: 139 ARTICLE V 140 JUDICIARY 141 SECTION 1. Courts.— 142 (a) The judicial power shall be vested in a supreme court, 143 district courts of appeal, circuit courts and county courts. No 144 other courts may be established by the state, any political 145 subdivision or any municipality. The legislature shall, by 146 general law, divide the state into appellate court districts and 147 judicial circuits following county lines, except that a district 148 court of appeal may have geographical jurisdiction up to and 149 including the entire state respecting any subject matter granted 150 within such jurisdiction exclusively to that court by general 151 law. Commissions established by law, or administrative officers 152 or bodies, may be granted quasi-judicial power in matters 153 connected with the functions of their offices. The legislature 154 may establish by general law a civil traffic hearing officer 155 system for the purpose of hearing civil traffic infractions. The 156 legislature may, by general law, authorize a military court 157 martial to be conducted by military judges of the Florida 158 National Guard, with direct appeal of a decision to the District 159 Court of Appeal, First District. 160 (b) Final judgments or orders of all courts, commissions, 161 or administrative officers or bodies created and established 162 under subsection (a) shall be subject to a review of last resort 163 by an Electors’ Tribunal On Justice as established by and 164 subject to general law, with the purpose of ensuring the 165 application of the rule of law and civic duty of the citizens of 166 this state. Officers of the tribunal are constitutional state 167 officers and shall be funded under the state courts system. 168 SECTION 2. Administration; practice and procedure.— 169 (a)(1) The supreme court shall adopt rules for the practice 170 and procedure in all courts in accordance with the judicial 171 conference established under paragraph (2), including the time 172 for seeking appellate review, the administrative supervision of 173 all courts, the transfer to the court having jurisdiction of any 174 proceeding when the jurisdiction of another court has been 175 improvidently invoked, and a requirement that no cause shall be 176 dismissed because an improper remedy has been sought. The 177 supreme court shall adopt rules to allow the court and the 178 district courts of appeal to submit questions relating to 179 military law to the federal Court of Appeals for the Armed 180 Forces for an advisory opinion.Rules of court may be repealed181by general law enacted by two-thirds vote of the membership of182each house of the legislature.183 (2)a. A judicial conference is established. The judicial 184 conference shall propose rules of practice and procedure for all 185 courts. 186 b. The judicial conference shall be composed of members as 187 provided by general law. 188 c. The judicial conference shall adopt rules governing 189 conference proceedings. Meetings of the judicial conference 190 shall be open to the public and must provide an opportunity for 191 public comment. 192 d. Rules proposed by the judicial conference shall be 193 submitted to the supreme court for consideration. 194 e. Unless otherwise provided by general law, the supreme 195 court shall submit a proposed rule to the legislature by 196 November 30 of the year preceding the year in which the proposed 197 rule would take effect. The legislature may adopt, reject, or 198 amend a proposed rule by general law. If the legislature takes 199 no action upon a proposed rule by adjournment sine die of the 200 next regular session, the rule shall be deemed approved. Unless 201 and until adopted by general law or approved as provided in this 202 subparagraph, a rule proposed by the judicial conference shall 203 have no force or effect. 204 (3) Rules of practice and procedure may not be inconsistent 205 with general law and shall not abridge, enlarge, or modify any 206 substantive right. Rules of practice and procedure may be 207 repealed or amended by general law. 208 (b) The chief justice of the supreme court shall be chosen 209 by a majority of the members of the court; shall be the chief 210 administrative officer of the judicial system; and shall have 211 the power to assign justices or judges, including consenting 212 retired justices or judges, to temporary duty in any court for 213 which the judge is qualified and to delegate to a chief judge of 214 a judicial circuit the power to assign judges for duty in that 215 circuit. 216 (c) A chief judge for each district court of appeal shall 217 be chosen by a majority of the judges thereof or, if there is no 218 majority, by the chief justice. The chief judge shall be 219 responsible for the administrative supervision of the court. 220 (d) A chief judge in each circuit shall be chosen from 221 among the circuit judges as provided by supreme court rule. The 222 chief judge shall be responsible for the administrative 223 supervision of the circuit courts and county courts in his 224 circuit. 225 SECTION 3. Supreme court.— 226 (a) ORGANIZATION.—The supreme court shall consist of seven 227 justices. Of the seven justices, each appellate district shall 228 have at least one justice elected or appointed from the district 229 to the supreme court who is a resident of the district at the 230 time of the original appointment or election. Five justices 231 shall constitute a quorum. The concurrence of four justices 232 shall be necessary to a decision. When recusals for cause would 233 prohibit the court from convening because of the requirements of 234 this section, judges assigned to temporary duty may be 235 substituted for justices. 236 (b) JURISDICTION.— 237 (1) The supreme court: 238 a.(1)Shall hear appeals from final judgments of trial 239 courts imposing the death penalty and from decisions of district 240 courts of appeal declaring invalid a state statute or a 241 provision of the state constitution. 242 b.(2)When provided by general law, shall hear appeals from 243 final judgments entered in proceedings for the validation of 244 bonds or certificates of indebtedness and shall review action of 245 statewide agencies relating to rates or service of utilities 246 providing electric, gas, or telephone service. 247 c.(3)May review any decision of a district court of appeal 248 that expressly declares valid a state statute, or that expressly 249 construes a provision of the state or federal constitution, or 250 that expressly affects a class of constitutional or state 251 officers, or that expressly and directly conflicts with a 252 decision of another district court of appeal or of the supreme 253 court on the same question of law. 254 d.(4)May review any decision of a district court of appeal 255 that passes upon a question certified by it to be of great 256 public importance, or that is certified by it to be in direct 257 conflict with a decision of another district court of appeal. 258 e.(5)May review any order or judgment of a trial court 259 certified by the district court of appeal in which an appeal is 260 pending to be of great public importance, or to have a great 261 effect on the proper administration of justice throughout the 262 state, and certified to require immediate resolution by the 263 supreme court. 264 f.(6)May review a question of law certified by the Supreme 265 Court of the United States or a United States Court of Appeals 266 which is determinative of the cause and for which there is no 267 controlling precedent of the supreme court of Florida. 268 g.(7)May issue writs of prohibition to courts and all 269 writs necessary to the complete exercise of its jurisdiction. 270 h.(8)May issue writs of mandamus and quo warranto to state 271 officers and state agencies. 272 i.(9)May, or any justice may, issue writs of habeas corpus 273 returnable before the supreme court or any justice, a district 274 court of appeal or any judge thereof, or any circuit judge. 275 j.(10)Shall, when requested by the attorney general 276 pursuant to the provisions of Section 10 of Article IV, render 277 an advisory opinion of the justices, addressing issues as 278 provided by general law. 279 (2) The disposition by the supreme court of matters heard 280 or reviewed or in any writ shall be supported by at least one 281 binding authority for each point subject to review or original 282 proceeding, which must be cited in the rendered final order or 283 opinion. 284 (c) CLERK AND MARSHAL.—The supreme court shall appoint a 285 clerk and a marshal who shall hold office during the pleasure of 286 the court and perform such duties as the court directs. Their 287 compensation shall be fixed by general law. The marshal shall 288 have the power to execute the process of the court throughout 289 the state, and in any county may deputize the sheriff or a 290 deputy sheriff for such purpose. 291 SECTION 4. District courts of appeal.— 292 (a) ORGANIZATION.—There shall be a district court of appeal 293 serving each appellate district. Each district court of appeal 294 shall consist of at least three judges. Three judges shall 295 consider each case and the concurrence of two shall be necessary 296 to a decision. 297 (b) JURISDICTION.— 298 (1) Unless the subject matter of the case is assigned by 299 general law to another district court of appeal, and unless 300 otherwise limited by general law, district courts of appeal 301 shall have jurisdiction to hear appeals, that may be taken as a 302 matter of right, from final judgments or orders of trial courts, 303 including those entered on review of administrative action, not 304 directly appealable to the supreme court or a circuit court. 305 They may review interlocutory orders in such cases to the extent 306 provided by rules adopted by the supreme court. 307 (2) District courts of appeal shall have the power of 308 direct review of administrative action, as prescribed by general 309 law. 310 (3) A district court of appeal or any judge thereof may 311 issue writs of habeas corpus returnable before the court or any 312 judge thereof or before any circuit judge within the territorial 313 jurisdiction of the court. A district court of appeal may issue 314 writs of mandamus, certiorari, prohibition, quo warranto, and 315 other writs necessary to the complete exercise of its 316 jurisdiction. To the extent necessary to dispose of all issues 317 in a cause properly before it, a district court of appeal may 318 exercise any of the appellate jurisdiction of the circuit 319 courts. The disposition by a district court of appeal of matters 320 heard or reviewed or in any writ shall be supported by at least 321 one binding authority for each point subject to review or 322 original proceeding, which must be cited in the rendered final 323 order or opinion. 324 (c) CLERKS AND MARSHALS.—Each district court of appeal 325 shall appoint a clerk and a marshal who shall hold office during 326 the pleasure of the court and perform such duties as the court 327 directs. Their compensation shall be fixed by general law. The 328 marshal shall have the power to execute the process of the court 329 throughout the territorial jurisdiction of the court, and in any 330 county may deputize the sheriff or a deputy sheriff for such 331 purpose. 332 SECTION 5. Circuit courts.— 333 (a) ORGANIZATION.—There shall be a circuit court serving 334 each judicial circuit. 335 (b) JURISDICTION.—The circuit courts shall have original 336 jurisdiction not vested in the county courts, and jurisdiction 337 of appeals when provided by general law. They shall have the 338 power to issue writs of mandamus, quo warranto, certiorari, 339 prohibition and habeas corpus, and all writs necessary or proper 340 to the complete exercise of their jurisdiction. Jurisdiction of 341 the circuit court shall be uniform throughout the state. They 342 shall have the power of direct review of administrative action 343 prescribed by general law. The disposition by a circuit court of 344 matters heard or reviewed or in any writ or on appeal shall be 345 supported by at least one binding authority for each point 346 subject to review or original proceeding, which must be cited in 347 the rendered final order or opinion. 348 SECTION 8. Eligibility.—ANoperson is notshall be349 eligible for office of justice or judge of any court unless the 350 person is an elector of the state and resides in the territorial 351 jurisdiction of the court. ANojustice or judge may notshall352 serve after attaining the age of seventy years except upon 353 temporary assignment or to complete a term, one-half of which 354 has been served. Unless otherwise provided by general law, ano355 person is not eligible for the office of justice of the supreme 356 court or judge of a district court of appeal unless the person 357 is, and has been for the preceding ten years, a member of the 358 bar of Florida. Unless otherwise provided by general law, ano359 person is not eligible for the office of circuit judge unless 360 the person is, and has been for the preceding five years, a 361 member of the bar of Florida. Unless otherwise provided by 362 general law, anoperson is not eligible for the office of 363 county court judge unless the person is, and has been for the 364 preceding five years, a member of the bar of Florida. Unless 365 otherwise provided by general law, a person shall be eligible 366 for election or appointment to the office of county court judge 367 in a county having a population of 40,000 or less if the person 368 is a member in good standing of the bar of Florida. 369 SECTION 12. Discipline; removal and retirement.— 370 (a) JUDICIAL QUALIFICATIONS COMMISSION.—A judicial 371 qualifications commission is created. 372 (1) There shall be a judicial qualifications commission 373 vested with jurisdiction to investigate and recommend to the 374 Supreme Court of Florida the removal from office of any justice 375 or judge whose conduct, during term of office or otherwise 376 occurring on or after November 1, 1966, (without regard to the 377 effective date of this section) demonstrates a present unfitness 378 to hold office, and to investigate and recommend the discipline 379 of a justice or judge whose conduct, during term of office or 380 otherwise occurring on or after November 1, 1966 (without regard 381 to the effective date of this section), warrants such 382 discipline. For purposes of this section, discipline is defined 383 as any or all of the following: reprimand, fine, suspension with 384 or without pay, or lawyer discipline. The commission shall have 385 jurisdiction over justices and judges regarding allegations that 386 misconduct occurred before or during service as a justice or 387 judge if a complaint is made no later than one year following 388 service as a justice or judge. The commission shall have 389 jurisdiction regarding allegations of incapacity during service 390 as a justice or judge. The commission shall be composed of: 391 a. Two judges of district courts of appeal selected by the 392 judges of those courts, two circuit judges selected by the 393 judges of the circuit courts and two judges of county courts 394 selected by the judges of those courts; 395 b. TwoFourelectors who reside in the state, who are 396 members of the bar of Florida, and who shall be chosen by the 397 governing body of the bar of Florida;and398 c. Two electors who reside in the state, who are court 399 reporters, and who shall be chosen by the legislature by 400 concurrent or joint resolution; 401 d. Two electors who reside in the state, who are employed 402 by the Florida department of law enforcement, and who shall be 403 chosen by the chairperson of the commission; and 404 e.c.Five electors who reside in the state, who have never 405 held judicial office or been members of the bar of Florida and 406 who are not considered officers of the court, and who shall be 407 appointed by the governor. 408 (2) The members of the judicial qualifications commission 409 shall serve staggered terms, not to exceed six years, as 410 prescribed by general law. ANomember of the commission except 411 a judge is notshall beeligible for state judicial office while 412 acting as a member of the commission and for a period of two 413 years thereafter. ANomember of the commission may notshall414 hold office in a political party or participate in any campaign 415 for judicial office or hold public office; provided that a judge 416 may campaign for judicial office and hold that office. The 417 commission shall elect one of its members as its chairperson. 418 (3) Members of the judicial qualifications commission not 419 subject to impeachment shall be subject to removal from the 420 commission pursuant to the provisions of Article IV, Section 7, 421 Florida Constitution. 422 (4) The commission shall adopt rules regulating its 423 proceedings, the filling of vacancies by the appointing 424 authorities, the disqualification of members, the rotation of 425 members between the panels, and the temporary replacement of 426 disqualified or incapacitated members. The commission’s rules, 427 or any part thereof, may be repealed, amended, or modified by 428 general law enacted by a majority vote of the membership of each 429 house of the legislature, or by the supreme court, five justices430concurring. The commission shall have power to issue subpoenas. 431 Until formal charges against a justice or judge are filed by the 432 investigative panel with the clerk of the supreme court of 433 Florida all proceedings by or before the commission shall be 434 confidential; provided, however, upon a finding of probable 435 cause and the filing by the investigative panel with said clerk 436 of such formal charges against a justice or judge such charges 437 and all further proceedings before the commission shall be 438 public. 439 (5) The commission shall have access to all information 440 from all executive, legislative and judicial agencies, including 441 grand juries, subject to the rules of the commission. At any 442 time, on request of the speaker of the house of representatives, 443 the president of the senate, or the governor, the commission 444 shall make available all information in the possession of the 445 commission for use in consideration of impeachment or 446 suspension, respectively. Notwithstanding this paragraph, within 447 thirty days after initiating or receiving any complaint, the 448 commission or investigative panel shall provide copies of the 449 complaint to the speaker of the house of representatives, the 450 president of the senate, and the governor. 451 (b) PANELS.—The commission shall be divided into an 452 investigative panel and a hearing panel as established by rule 453 of the commission. The investigative panel is vested with the 454 jurisdiction to receive or initiate complaints, conduct 455 investigations, dismiss complaints, and upon a vote of a simple 456 majority of the panel submit formal charges to the hearing 457 panel. The hearing panel is vested with the authority to receive 458 and hear formal charges from the investigative panel and upon a 459 two-thirds vote of the panel recommend to the supreme court the 460 removal of a justice or judge or the involuntary retirement of a 461 justice or judge for any permanent disability that seriously 462 interferes with the performance of judicial duties. Upon a 463 simple majority vote of the membership of the hearing panel, the 464 panel may recommend to the supreme court that the justice or 465 judge be subject to appropriate discipline. 466 (c) SUPREME COURT.—The supreme court shall receive 467 recommendations from the judicial qualifications commission’s 468 hearing panel. 469 (1) The supreme court may accept, reject, or modify in 470 whole or in part the findings, conclusions, and recommendations 471 of the commission and it may order that the justice or judge be 472 subjected to appropriate discipline, or be removed from office 473 with termination of compensation for willful or persistent 474 failure to perform judicial duties or for other conduct 475 unbecoming a member of the judiciary demonstrating a present 476 unfitness to hold office, or be involuntarily retired for any 477 permanent disability that seriously interferes with the 478 performance of judicial duties. Malafides, scienter or moral 479 turpitude on the part of a justice or judge shall not be 480 required for removal from office of a justice or judge whose 481 conduct demonstrates a present unfitness to hold office. After 482 the filing of a formal proceeding and upon request of the 483 investigative panel, the supreme court may suspend the justice 484 or judge from office, with or without compensation, pending 485 final determination of the inquiry. 486 (2) The supreme court may award costs to the prevailing 487 party. 488 (d) The power of removal conferred by this section shall be 489 both alternative and cumulative to the power of impeachment. 490 (e) Notwithstanding any of the foregoing provisions of this 491 section, if the person who is the subject of proceedings by the 492 judicial qualifications commission is a justice of the supreme 493 court of Florida all justices of such court automatically shall 494 be disqualified to sit as justices of such court with respect to 495 all proceedings therein concerning such person and the supreme 496 court for such purposes shall be composed of a panel consisting 497 of the seven chief judges of the judicial circuits of the state 498 of Florida most senior in tenure of judicial office as circuit 499 judge. For purposes of determining seniority of such circuit 500 judges in the event there be judges of equal tenure in judicial 501 office as circuit judge the judge or judges from the lower 502 numbered circuit or circuits shall be deemed senior. In the 503 event any such chief circuit judge is under investigation by the 504 judicial qualifications commission or is otherwise disqualified 505 or unable to serve on the panel, the next most senior chief 506 circuit judge or judges shall serve in place of such 507 disqualified or disabled chief circuit judge. 508 (f) In all other matters of procedure, organization, and 509 compensation of the commission and any panels of the commission, 510 the selection of persons to serve on the commission, and the 511 power to recover costs of an investigation shall be governed by 512 general law. 513(f) SCHEDULE TO SECTION 12.—514(1) Except to the extent inconsistent with the provisions515of this section, all provisions of law and rules of court in516force on the effective date of this article shall continue in517effect until superseded in the manner authorized by the518constitution.519(2) After this section becomes effective and until adopted520by rule of the commission consistent with it:521a. The commission shall be divided, as determined by the522chairperson, into one investigative panel and one hearing panel523to meet the responsibilities set forth in this section.524b. The investigative panel shall be composed of:5251. Four judges,5262. Two members of the bar of Florida, and5273. Three non-lawyers.528c. The hearing panel shall be composed of:5291. Two judges,5302. Two members of the bar of Florida, and5313. Two non-lawyers.532d. Membership on the panels may rotate in a manner533determined by the rules of the commission provided that no534member shall vote as a member of the investigative and hearing535panel on the same proceeding.536e. The commission shall hire separate staff for each panel.537f. The members of the commission shall serve for staggered538terms of six years.539g. The terms of office of the present members of the540judicial qualifications commission shall expire upon the541effective date of the amendments to this section approved by the542legislature during the regular session of the legislature in5431996 and new members shall be appointed to serve the following544staggered terms:5451. Group I.—The terms of five members, composed of two546electors as set forth in s. 12(a)(1)c. of Article V, one member547of the bar of Florida as set forth in s. 12(a)(1)b. of Article548V, one judge from the district courts of appeal and one circuit549judge as set forth in s. 12(a)(1)a. of Article V, shall expire550on December 31, 1998.5512. Group II.—The terms of five members, composed of one552elector as set forth in s. 12(a)(1)c. of Article V, two members553of the bar of Florida as set forth in s. 12(a)(1)b. of Article554V, one circuit judge and one county judge as set forth in s.55512(a)(1)a. of Article V shall expire on December 31, 2000.5563. Group III.—The terms of five members, composed of two557electors as set forth in s. 12(a)(1)c. of Article V, one member558of the bar of Florida as set forth in s. 12(a)(1)b., one judge559from the district courts of appeal and one county judge as set560forth in s. 12(a)(1)a. of Article V, shall expire on December56131, 2002.562h. An appointment to fill a vacancy of the commission shall563be for the remainder of the term.564i. Selection of members by district courts of appeal565judges, circuit judges, and county court judges, shall be by no566less than a majority of the members voting at the respective567courts’ conferences. Selection of members by the board of568governors of the bar of Florida shall be by no less than a569majority of the board.570 (g)j.The commission shall be entitled to recover the costs 571 of investigation and prosecution, in addition to any penalty 572 levied by the supreme court. 573 (h)k.The compensation of members and referees shall be the 574 travel expenses or transportation and per diem allowance as 575 provided by general law. 576 SECTION 14. Funding.— 577 (a) All justices and judges shall be compensated only by 578 state salaries fixed by general law. Funding for the state 579 courts system, state attorneys’ offices, public defenders’ 580 offices, and court-appointed counsel, except as otherwise 581 provided in subsection (c), shall be provided from state 582 revenues appropriated by general law. 583 (b) All funding for the offices of the clerks of the 584 circuit and county courts performing court-related functions, 585 except as otherwise provided in this subsection and subsection 586 (c), shall be provided by adequate and appropriate filing fees 587 for judicial proceedings and service charges and costs for 588 performing court-related functions as required by general law. 589 Selected salaries, costs, and expenses of the state courts 590 system may be funded from appropriate filing fees for judicial 591 proceedings and service charges and costs for performing court 592 related functions, as provided by general law. Where the 593 requirements of either the United States Constitution or the 594 Constitution of the State of Florida preclude the imposition of 595 filing fees for judicial proceedings and service charges and 596 costs for performing court-related functions sufficient to fund 597 the court-related functions of the offices of the clerks of the 598 circuit and county courts, the state shall provide, as 599 determined by the legislature, adequate and appropriate 600 supplemental funding from state revenues appropriated by general 601 law. 602 (c) No county or municipality, except as provided in this 603 subsection, shall be required to provide any funding for the 604 state courts system, state attorneys’ offices, public defenders’ 605 offices, court-appointed counsel or the offices of the clerks of 606 the circuit and county courts performing court-related 607 functions. Counties shall be required to fund the cost of 608 communications services, existing radio systems, existing multi 609 agency criminal justice information systems, and the cost of 610 construction or lease, maintenance, utilities, and security of 611 facilities for the trial courts, public defenders’ offices, 612 state attorneys’ offices, and the offices of the clerks of the 613 circuit and county courts performing court-related functions. 614 Counties shall also pay reasonable and necessary salaries, 615 costs, and expenses of the state courts system to meet local 616 requirements as determined by general law. 617 (d) The judiciary shall have no power to fix 618 appropriations. 619 (e)(1) The Fiscal Stability Trust Fund is created and 620 established in the state courts system. This trust fund is not 621 subject to termination pursuant to Article III, Section 19(f). 622 The purpose of the trust fund is to make funds available to the 623 courts to conduct the courts’ duties as provided by general law 624 and to make provision for the judicial branch surplus and 625 reserves. The judicial branch shall annually receive one percent 626 of the state fiscal budget from the general revenue fund, which 627 shall be deposited into the trust fund. The trust fund shall be 628 administered by the chief justice and the supreme court, 629 consistent with general law and with the oversight of the 630 legislature. 631 (2) The Fiscal Stability Trust Fund may receive funds from 632 any source, including gifts from individuals, corporations, or 633 other entities; funds from general revenue as determined by the 634 legislature; and any other funds so designated by the 635 legislature, by the United States Congress, or by any other 636 governmental entity. 637 SECTION 15. Attorneys; admission and discipline.—The 638 supreme court, and the legislature as provided by general law, 639 shall have concurrentexclusivejurisdiction to regulate the 640 admission of persons to the practice of law before the courts of 641 this state and the discipline of persons admitted. The cost of 642 such regulation and discipline shall be funded by 643 appropriations, disciplinary penalties, and fees paid to the 644 supreme court and as otherwise authorized by general law. The 645 practice of law other than before the courts of this state shall 646 be regulated by general law. 647 SECTION 17. State attorneys.— 648 (a) In each judicial circuit a state attorney shall be 649 elected for a term of four years. Except as otherwise provided 650 in this constitution, the state attorney shall be the 651 prosecuting officer of all trial courts in that circuit and 652 shall perform other duties prescribed by general law; provided, 653 however, when authorized by general law, the violations of all 654 municipal ordinances may be prosecuted by municipal prosecutors. 655 A state attorney shall be an elector of the state and reside in 656 the territorial jurisdiction of the circuit; shall be and have 657 been a member of the bar of Florida for the preceding five 658 years; shall devote full time to the duties of the office; and 659 shall not engage in the private practice of law. State attorneys 660 shall appoint such assistant state attorneys as may be 661 authorized by law. 662 (b) An Electors’ Tribunal on Security is created and 663 established in each judicial circuit to conduct investigations 664 and criminal prosecutions of all persons defined as officers of 665 the court in this state as prescribed by general law. The 666 tribunal shall ensure public trust and confidence in the 667 judicial branch of this state and shall be funded under the 668 state courts system. Officers of the tribunal are constitutional 669 state officers. 670SECTION 20. Schedule to Article V.—671(a) This article shall replace all of Article V of the672Constitution of 1885, as amended, which shall then stand673repealed.674(b) Except to the extent inconsistent with the provisions675of this article, all provisions of law and rules of court in676force on the effective date of this article shall continue in677effect until superseded in the manner authorized by the678constitution.679(c) After this article becomes effective, and until changed680by general law consistent with sections 1 through 19 of this681article:682(1) The supreme court shall have the jurisdiction683immediately theretofore exercised by it, and it shall determine684all proceedings pending before it on the effective date of this685article.686(2) The appellate districts shall be those in existence on687the date of adoption of this article. There shall be a district688court of appeal in each district. The district courts of appeal689shall have the jurisdiction immediately theretofore exercised by690the district courts of appeal and shall determine all691proceedings pending before them on the effective date of this692article.693(3) Circuit courts shall have jurisdiction of appeals from694county courts and municipal courts, except those appeals which695may be taken directly to the supreme court; and they shall have696exclusive original jurisdiction in all actions at law not697cognizable by the county courts; of proceedings relating to the698settlement of the estate of decedents and minors, the granting699of letters testamentary, guardianship, involuntary700hospitalization, the determination of incompetency, and other701jurisdiction usually pertaining to courts of probate; in all702cases in equity including all cases relating to juveniles; of703all felonies and of all misdemeanors arising out of the same704circumstances as a felony which is also charged; in all cases705involving legality of any tax assessment or toll; in the action706of ejectment; and in all actions involving the titles or707boundaries or right of possession of real property. The circuit708court may issue injunctions. There shall be judicial circuits709which shall be the judicial circuits in existence on the date of710adoption of this article. The chief judge of a circuit may711authorize a county court judge to order emergency712hospitalizations pursuant to Chapter 71-131, Laws of Florida, in713the absence from the county of the circuit judge and the county714court judge shall have the power to issue all temporary orders715and temporary injunctions necessary or proper to the complete716exercise of such jurisdiction.717(4) County courts shall have original jurisdiction in all718criminal misdemeanor cases not cognizable by the circuit courts,719of all violations of municipal and county ordinances, and of all720actions at law in which the matter in controversy does not721exceed the sum of two thousand five hundred dollars ($2,500.00)722exclusive of interest and costs, except those within the723exclusive jurisdiction of the circuit courts. Judges of county724courts shall be committing magistrates. The county courts shall725have jurisdiction now exercised by the county judge’s courts726other than that vested in the circuit court by subsection (c)(3)727hereof, the jurisdiction now exercised by the county courts, the728claims court, the small claims courts, the small claims729magistrates courts, magistrates courts, justice of the peace730courts, municipal courts and courts of chartered counties,731including but not limited to the counties referred to in Article732VIII, sections 9, 10, 11 and 24 of the Constitution of 1885.733(5) Each judicial nominating commission shall be composed734of the following:735a. Three members appointed by the Board of Governors of The736Florida Bar from among The Florida Bar members who are actively737engaged in the practice of law with offices within the738territorial jurisdiction of the affected court, district or739circuit;740b. Three electors who reside in the territorial741jurisdiction of the court or circuit appointed by the governor;742and743c. Three electors who reside in the territorial744jurisdiction of the court or circuit and who are not members of745the bar of Florida, selected and appointed by a majority vote of746the other six members of the commission.747(6) No justice or judge shall be a member of a judicial748nominating commission. A member of a judicial nominating749commission may hold public office other than judicial office. No750member shall be eligible for appointment to state judicial751office so long as that person is a member of a judicial752nominating commission and for a period of two years thereafter.753All acts of a judicial nominating commission shall be made with754a concurrence of a majority of its members.755(7) The members of a judicial nominating commission shall756serve for a term of four years except the terms of the initial757members of the judicial nominating commissions shall expire as758follows:759a. The terms of one member of category a. b. and c. in760subsection (c)(5) hereof shall expire on July 1, 1974;761b. The terms of one member of category a. b. and c. in762subsection (c)(5) hereof shall expire on July 1, 1975;763c. The terms of one member of category a. b. and c. in764subsection (c)(5) hereof shall expire on July 1, 1976;765(8) All fines and forfeitures arising from offenses tried766in the county court shall be collected, and accounted for by767clerk of the court, and deposited in a special trust account.768All fines and forfeitures received from violations of ordinances769or misdemeanors committed within a county or municipal770ordinances committed within a municipality within the771territorial jurisdiction of the county court shall be paid772monthly to the county or municipality respectively. If any costs773are assessed and collected in connection with offenses tried in774county court, all court costs shall be paid into the general775revenue fund of the state of Florida and such other funds as776prescribed by general law.777(9) Any municipality or county may apply to the chief judge778of the circuit in which that municipality or county is situated779for the county court to sit in a location suitable to the780municipality or county and convenient in time and place to its781citizens and police officers and upon such application said782chief judge shall direct the court to sit in the location unless783the chief judge shall determine the request is not justified. If784the chief judge does not authorize the county court to sit in785the location requested, the county or municipality may apply to786the supreme court for an order directing the county court to sit787in the location. Any municipality or county which so applies788shall be required to provide the appropriate physical facilities789in which the county court may hold court.790(10) All courts except the supreme court may sit in791divisions as may be established by local rule approved by the792supreme court.793(11) A county court judge in any county having a population794of 40,000 or less according to the last decennial census, shall795not be required to be a member of the bar of Florida.796(12) Municipal prosecutors may prosecute violations of797municipal ordinances.798(13) Justice shall mean a justice elected or appointed to799the supreme court and shall not include any judge assigned from800any court.801(d) When this article becomes effective:802(1) All courts not herein authorized, except as provided by803subsection (d)(4) of this section shall cease to exist and804jurisdiction to conclude all pending cases and enforce all prior805orders and judgments shall vest in the court that would have806jurisdiction of the cause if thereafter instituted. All records807of and property held by courts abolished hereby shall be808transferred to the proper office of the appropriate court under809this article.810(2) Judges of the following courts, if their terms do not811expire in 1973 and if they are eligible under subsection (d)(8)812hereof, shall become additional judges of the circuit court for813each of the counties of their respective circuits, and shall814serve as such circuit judges for the remainder of the terms to815which they were elected and shall be eligible for election as816circuit judges thereafter. These courts are: civil court of817record of Dade county, all criminal courts of record, the felony818courts of record of Alachua, Leon and Volusia Counties, the819courts of record of Broward, Brevard, Escambia, Hillsborough,820Lee, Manatee and Sarasota Counties, the civil and criminal court821of record of Pinellas County, and county judge’s courts and822separate juvenile courts in counties having a population in823excess of 100,000 according to the 1970 federal census. On the824effective date of this article, there shall be an additional825number of positions of circuit judges equal to the number of826existing circuit judges and the number of judges of the above827named courts whose term expires in 1973. Elections to such828offices shall take place at the same time and manner as829elections to other state judicial offices in 1972 and the terms830of such offices shall be for a term of six years. Unless changed831pursuant to section nine of this article, the number of circuit832judges presently existing and created by this subsection shall833not be changed.834(3) In all counties having a population of less than835100,000 according to the 1970 federal census and having more836than one county judge on the date of the adoption of this837article, there shall be the same number of judges of the county838court as there are county judges existing on that date unless839changed pursuant to section 9 of this article.840(4) Municipal courts shall continue with their same841jurisdiction until amended or terminated in a manner prescribed842by special or general law or ordinances, or until January 3,8431977, whichever occurs first. On that date all municipal courts844not previously abolished shall cease to exist. Judges of845municipal courts shall remain in office and be subject to846reappointment or reelection in the manner prescribed by law847until said courts are terminated pursuant to the provisions of848this subsection. Upon municipal courts being terminated or849abolished in accordance with the provisions of this subsection,850the judges thereof who are not members of the bar of Florida,851shall be eligible to seek election as judges of county courts of852their respective counties.853(5) Judges, holding elective office in all other courts854abolished by this article, whose terms do not expire in 1973855including judges established pursuant to Article VIII, sections8569 and 11 of the Constitution of 1885 shall serve as judges of857the county court for the remainder of the term to which they858were elected. Unless created pursuant to section 9, of this859Article V such judicial office shall not continue to exist860thereafter.861(6) By March 21, 1972, the supreme court shall certify the862need for additional circuit and county judges. The legislature863in the 1972 regular session may by general law create additional864offices of judge, the terms of which shall begin on the865effective date of this article. Elections to such offices shall866take place at the same time and manner as election to other867state judicial offices in 1972.868(7) County judges of existing county judge’s courts and869justices of the peace and magistrates’ court who are not members870of bar of Florida shall be eligible to seek election as county871court judges of their respective counties.872(8) No judge of a court abolished by this article shall873become or be eligible to become a judge of the circuit court874unless the judge has been a member of bar of Florida for the875preceding five years.876(9) The office of judges of all other courts abolished by877this article shall be abolished as of the effective date of this878article.879(10) The offices of county solicitor and prosecuting880attorney shall stand abolished, and all county solicitors and881prosecuting attorneys holding such offices upon the effective882date of this article shall become and serve as assistant state883attorneys for the circuits in which their counties are situate884for the remainder of their terms, with compensation not less885than that received immediately before the effective date of this886article.887(e) LIMITED OPERATION OF SOME PROVISIONS.—888(1) All justices of the supreme court, judges of the889district courts of appeal and circuit judges in office upon the890effective date of this article shall retain their offices for891the remainder of their respective terms. All members of the892judicial qualifications commission in office upon the effective893date of this article shall retain their offices for the894remainder of their respective terms. Each state attorney in895office on the effective date of this article shall retain the896office for the remainder of the term.897(2) No justice or judge holding office immediately after898this article becomes effective who held judicial office on July8991, 1957, shall be subject to retirement from judicial office900because of age pursuant to section 8 of this article.901(f) Until otherwise provided by law, the nonjudicial duties902required of county judges shall be performed by the judges of903the county court.904(g) All provisions of Article V of the Constitution of9051885, as amended, not embraced herein which are not inconsistent906with this revision shall become statutes subject to modification907or repeal as are other statutes.908(h) The requirements of section 14 relative to all county909court judges or any judge of a municipal court who continues to910hold office pursuant to subsection (d)(4) hereof being911compensated by state salaries shall not apply prior to January9123, 1977, unless otherwise provided by general law.913(i) DELETION OF OBSOLETE SCHEDULE ITEMS.—The legislature914shall have power, by concurrent resolution, to delete from this915article any subsection of this section 20 including this916subsection, when all events to which the subsection to be917deleted is or could become applicable have occurred. A918legislative determination of fact made as a basis for919application of this subsection shall be subject to judicial920review.921(j) EFFECTIVE DATE.—Unless otherwise provided herein, this922article shall become effective at 11:59 o’clock P.M., Eastern923Standard Time, January 1, 1973.924 BE IT FURTHER RESOLVED that the following statement be 925 placed on the ballot: 926 CONSTITUTIONAL AMENDMENT 927 ARTICLE V 928 SECTIONS 1, 2, 3, 4, 5, 8, 12, 14, 15, 17, and 20 929 JUDICIARY.—Proposing an amendment to the State Constitution 930 to provide for statewide jurisdiction of a district court of 931 appeal as provided by general law; to provide for review by an 932 Electors’ Tribunal on Justice of final judgments or orders of 933 courts, commissions, or administrative officers or bodies; to 934 establish a judicial conference to propose rules of practice and 935 procedure in all courts and to provide for their adoption, 936 rejection, or amendment by general law; to provide requirements 937 that matters disposed of by the Supreme Court, district courts 938 of appeal, and circuit courts be supported by binding authority; 939 to revise eligibility requirements for justices and judges to 940 allow for such requirements by general law; to revise the 941 membership and eligibility requirements of the Judicial 942 Qualifications Commission, require copies of complaints to be 943 provided to the Governor and Legislature, and require governance 944 by general law of matters relating to the commission which are 945 not specified in the State Constitution; to establish the Fiscal 946 Stability Trust Fund in the state courts system to make funds 947 available to courts to conduct their duties and to make 948 provision for judicial branch surplus and reserves, to require 949 the deposit into the trust fund each year of 1 percent of the 950 state fiscal budget from the General Revenue Fund and require 951 the Supreme Court to administer the trust fund consistent with 952 general law and subject to oversight by the Legislature, and to 953 provide for additional funding of the trust fund; to provide for 954 concurrent jurisdiction by the Supreme Court and the Legislature 955 with respect to regulating the admission to practice and the 956 discipline of attorneys and provide for funding such regulation 957 and discipline; to establish an Electors’ Tribunal on Security 958 in each judicial district to conduct investigations and criminal 959 prosecutions of officers of the court as prescribed by general 960 law and provide for its funding; and to delete obsolete 961 scheduling provisions relating to the Judicial Qualifications 962 Commission and the judiciary.