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 repealed 
181  by general law enacted by two-thirds vote of the membership of 
182  each 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.—A No person is not shall be 
349  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. A No justice or judge may not shall 
352  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, a no 
355  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, a no 
359  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, a no person 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. Two Four electors 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; and 
398         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. A No member of the commission except 
411  a judge is not shall be eligible for state judicial office while 
412  acting as a member of the commission and for a period of two 
413  years thereafter. A No member of the commission may not shall 
414  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 justices 
430  concurring. 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 provisions 
515  of this section, all provisions of law and rules of court in 
516  force on the effective date of this article shall continue in 
517  effect until superseded in the manner authorized by the 
518  constitution. 
519         (2) After this section becomes effective and until adopted 
520  by rule of the commission consistent with it: 
521         a. The commission shall be divided, as determined by the 
522  chairperson, into one investigative panel and one hearing panel 
523  to meet the responsibilities set forth in this section. 
524         b. The investigative panel shall be composed of: 
525         1. Four judges, 
526         2. Two members of the bar of Florida, and 
527         3. Three non-lawyers. 
528         c. The hearing panel shall be composed of: 
529         1. Two judges, 
530         2. Two members of the bar of Florida, and 
531         3. Two non-lawyers. 
532         d. Membership on the panels may rotate in a manner 
533  determined by the rules of the commission provided that no 
534  member shall vote as a member of the investigative and hearing 
535  panel on the same proceeding. 
536         e. The commission shall hire separate staff for each panel. 
537         f. The members of the commission shall serve for staggered 
538  terms of six years. 
539         g. The terms of office of the present members of the 
540  judicial qualifications commission shall expire upon the 
541  effective date of the amendments to this section approved by the 
542  legislature during the regular session of the legislature in 
543  1996 and new members shall be appointed to serve the following 
544  staggered terms: 
545         1. Group I.—The terms of five members, composed of two 
546  electors as set forth in s. 12(a)(1)c. of Article V, one member 
547  of the bar of Florida as set forth in s. 12(a)(1)b. of Article 
548  V, one judge from the district courts of appeal and one circuit 
549  judge as set forth in s. 12(a)(1)a. of Article V, shall expire 
550  on December 31, 1998. 
551         2. Group II.—The terms of five members, composed of one 
552  elector as set forth in s. 12(a)(1)c. of Article V, two members 
553  of the bar of Florida as set forth in s. 12(a)(1)b. of Article 
554  V, one circuit judge and one county judge as set forth in s. 
555  12(a)(1)a. of Article V shall expire on December 31, 2000. 
556         3. Group III.—The terms of five members, composed of two 
557  electors as set forth in s. 12(a)(1)c. of Article V, one member 
558  of the bar of Florida as set forth in s. 12(a)(1)b., one judge 
559  from the district courts of appeal and one county judge as set 
560  forth in s. 12(a)(1)a. of Article V, shall expire on December 
561  31, 2002. 
562         h. An appointment to fill a vacancy of the commission shall 
563  be for the remainder of the term. 
564         i. Selection of members by district courts of appeal 
565  judges, circuit judges, and county court judges, shall be by no 
566  less than a majority of the members voting at the respective 
567  courts’ conferences. Selection of members by the board of 
568  governors of the bar of Florida shall be by no less than a 
569  majority 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 concurrent exclusive jurisdiction 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. 
670         SECTION 20. Schedule to Article V.— 
671         (a) This article shall replace all of Article V of the 
672  Constitution of 1885, as amended, which shall then stand 
673  repealed. 
674         (b) Except to the extent inconsistent with the provisions 
675  of this article, all provisions of law and rules of court in 
676  force on the effective date of this article shall continue in 
677  effect until superseded in the manner authorized by the 
678  constitution. 
679         (c) After this article becomes effective, and until changed 
680  by general law consistent with sections 1 through 19 of this 
681  article: 
682         (1) The supreme court shall have the jurisdiction 
683  immediately theretofore exercised by it, and it shall determine 
684  all proceedings pending before it on the effective date of this 
685  article. 
686         (2) The appellate districts shall be those in existence on 
687  the date of adoption of this article. There shall be a district 
688  court of appeal in each district. The district courts of appeal 
689  shall have the jurisdiction immediately theretofore exercised by 
690  the district courts of appeal and shall determine all 
691  proceedings pending before them on the effective date of this 
692  article. 
693         (3) Circuit courts shall have jurisdiction of appeals from 
694  county courts and municipal courts, except those appeals which 
695  may be taken directly to the supreme court; and they shall have 
696  exclusive original jurisdiction in all actions at law not 
697  cognizable by the county courts; of proceedings relating to the 
698  settlement of the estate of decedents and minors, the granting 
699  of letters testamentary, guardianship, involuntary 
700  hospitalization, the determination of incompetency, and other 
701  jurisdiction usually pertaining to courts of probate; in all 
702  cases in equity including all cases relating to juveniles; of 
703  all felonies and of all misdemeanors arising out of the same 
704  circumstances as a felony which is also charged; in all cases 
705  involving legality of any tax assessment or toll; in the action 
706  of ejectment; and in all actions involving the titles or 
707  boundaries or right of possession of real property. The circuit 
708  court may issue injunctions. There shall be judicial circuits 
709  which shall be the judicial circuits in existence on the date of 
710  adoption of this article. The chief judge of a circuit may 
711  authorize a county court judge to order emergency 
712  hospitalizations pursuant to Chapter 71-131, Laws of Florida, in 
713  the absence from the county of the circuit judge and the county 
714  court judge shall have the power to issue all temporary orders 
715  and temporary injunctions necessary or proper to the complete 
716  exercise of such jurisdiction. 
717         (4) County courts shall have original jurisdiction in all 
718  criminal misdemeanor cases not cognizable by the circuit courts, 
719  of all violations of municipal and county ordinances, and of all 
720  actions at law in which the matter in controversy does not 
721  exceed the sum of two thousand five hundred dollars ($2,500.00) 
722  exclusive of interest and costs, except those within the 
723  exclusive jurisdiction of the circuit courts. Judges of county 
724  courts shall be committing magistrates. The county courts shall 
725  have jurisdiction now exercised by the county judge’s courts 
726  other than that vested in the circuit court by subsection (c)(3) 
727  hereof, the jurisdiction now exercised by the county courts, the 
728  claims court, the small claims courts, the small claims 
729  magistrates courts, magistrates courts, justice of the peace 
730  courts, municipal courts and courts of chartered counties, 
731  including but not limited to the counties referred to in Article 
732  VIII, sections 9, 10, 11 and 24 of the Constitution of 1885. 
733         (5) Each judicial nominating commission shall be composed 
734  of the following: 
735         a. Three members appointed by the Board of Governors of The 
736  Florida Bar from among The Florida Bar members who are actively 
737  engaged in the practice of law with offices within the 
738  territorial jurisdiction of the affected court, district or 
739  circuit; 
740         b. Three electors who reside in the territorial 
741  jurisdiction of the court or circuit appointed by the governor; 
742  and 
743         c. Three electors who reside in the territorial 
744  jurisdiction of the court or circuit and who are not members of 
745  the bar of Florida, selected and appointed by a majority vote of 
746  the other six members of the commission. 
747         (6) No justice or judge shall be a member of a judicial 
748  nominating commission. A member of a judicial nominating 
749  commission may hold public office other than judicial office. No 
750  member shall be eligible for appointment to state judicial 
751  office so long as that person is a member of a judicial 
752  nominating commission and for a period of two years thereafter. 
753  All acts of a judicial nominating commission shall be made with 
754  a concurrence of a majority of its members. 
755         (7) The members of a judicial nominating commission shall 
756  serve for a term of four years except the terms of the initial 
757  members of the judicial nominating commissions shall expire as 
758  follows: 
759         a. The terms of one member of category a. b. and c. in 
760  subsection (c)(5) hereof shall expire on July 1, 1974; 
761         b. The terms of one member of category a. b. and c. in 
762  subsection (c)(5) hereof shall expire on July 1, 1975; 
763         c. The terms of one member of category a. b. and c. in 
764  subsection (c)(5) hereof shall expire on July 1, 1976; 
765         (8) All fines and forfeitures arising from offenses tried 
766  in the county court shall be collected, and accounted for by 
767  clerk of the court, and deposited in a special trust account. 
768  All fines and forfeitures received from violations of ordinances 
769  or misdemeanors committed within a county or municipal 
770  ordinances committed within a municipality within the 
771  territorial jurisdiction of the county court shall be paid 
772  monthly to the county or municipality respectively. If any costs 
773  are assessed and collected in connection with offenses tried in 
774  county court, all court costs shall be paid into the general 
775  revenue fund of the state of Florida and such other funds as 
776  prescribed by general law. 
777         (9) Any municipality or county may apply to the chief judge 
778  of the circuit in which that municipality or county is situated 
779  for the county court to sit in a location suitable to the 
780  municipality or county and convenient in time and place to its 
781  citizens and police officers and upon such application said 
782  chief judge shall direct the court to sit in the location unless 
783  the chief judge shall determine the request is not justified. If 
784  the chief judge does not authorize the county court to sit in 
785  the location requested, the county or municipality may apply to 
786  the supreme court for an order directing the county court to sit 
787  in the location. Any municipality or county which so applies 
788  shall be required to provide the appropriate physical facilities 
789  in which the county court may hold court. 
790         (10) All courts except the supreme court may sit in 
791  divisions as may be established by local rule approved by the 
792  supreme court. 
793         (11) A county court judge in any county having a population 
794  of 40,000 or less according to the last decennial census, shall 
795  not be required to be a member of the bar of Florida. 
796         (12) Municipal prosecutors may prosecute violations of 
797  municipal ordinances. 
798         (13) Justice shall mean a justice elected or appointed to 
799  the supreme court and shall not include any judge assigned from 
800  any court. 
801         (d) When this article becomes effective: 
802         (1) All courts not herein authorized, except as provided by 
803  subsection (d)(4) of this section shall cease to exist and 
804  jurisdiction to conclude all pending cases and enforce all prior 
805  orders and judgments shall vest in the court that would have 
806  jurisdiction of the cause if thereafter instituted. All records 
807  of and property held by courts abolished hereby shall be 
808  transferred to the proper office of the appropriate court under 
809  this article. 
810         (2) Judges of the following courts, if their terms do not 
811  expire in 1973 and if they are eligible under subsection (d)(8) 
812  hereof, shall become additional judges of the circuit court for 
813  each of the counties of their respective circuits, and shall 
814  serve as such circuit judges for the remainder of the terms to 
815  which they were elected and shall be eligible for election as 
816  circuit judges thereafter. These courts are: civil court of 
817  record of Dade county, all criminal courts of record, the felony 
818  courts of record of Alachua, Leon and Volusia Counties, the 
819  courts of record of Broward, Brevard, Escambia, Hillsborough, 
820  Lee, Manatee and Sarasota Counties, the civil and criminal court 
821  of record of Pinellas County, and county judge’s courts and 
822  separate juvenile courts in counties having a population in 
823  excess of 100,000 according to the 1970 federal census. On the 
824  effective date of this article, there shall be an additional 
825  number of positions of circuit judges equal to the number of 
826  existing circuit judges and the number of judges of the above 
827  named courts whose term expires in 1973. Elections to such 
828  offices shall take place at the same time and manner as 
829  elections to other state judicial offices in 1972 and the terms 
830  of such offices shall be for a term of six years. Unless changed 
831  pursuant to section nine of this article, the number of circuit 
832  judges presently existing and created by this subsection shall 
833  not be changed. 
834         (3) In all counties having a population of less than 
835  100,000 according to the 1970 federal census and having more 
836  than one county judge on the date of the adoption of this 
837  article, there shall be the same number of judges of the county 
838  court as there are county judges existing on that date unless 
839  changed pursuant to section 9 of this article. 
840         (4) Municipal courts shall continue with their same 
841  jurisdiction until amended or terminated in a manner prescribed 
842  by special or general law or ordinances, or until January 3, 
843  1977, whichever occurs first. On that date all municipal courts 
844  not previously abolished shall cease to exist. Judges of 
845  municipal courts shall remain in office and be subject to 
846  reappointment or reelection in the manner prescribed by law 
847  until said courts are terminated pursuant to the provisions of 
848  this subsection. Upon municipal courts being terminated or 
849  abolished in accordance with the provisions of this subsection, 
850  the judges thereof who are not members of the bar of Florida, 
851  shall be eligible to seek election as judges of county courts of 
852  their respective counties. 
853         (5) Judges, holding elective office in all other courts 
854  abolished by this article, whose terms do not expire in 1973 
855  including judges established pursuant to Article VIII, sections 
856  9 and 11 of the Constitution of 1885 shall serve as judges of 
857  the county court for the remainder of the term to which they 
858  were elected. Unless created pursuant to section 9, of this 
859  Article V such judicial office shall not continue to exist 
860  thereafter. 
861         (6) By March 21, 1972, the supreme court shall certify the 
862  need for additional circuit and county judges. The legislature 
863  in the 1972 regular session may by general law create additional 
864  offices of judge, the terms of which shall begin on the 
865  effective date of this article. Elections to such offices shall 
866  take place at the same time and manner as election to other 
867  state judicial offices in 1972. 
868         (7) County judges of existing county judge’s courts and 
869  justices of the peace and magistrates’ court who are not members 
870  of bar of Florida shall be eligible to seek election as county 
871  court judges of their respective counties. 
872         (8) No judge of a court abolished by this article shall 
873  become or be eligible to become a judge of the circuit court 
874  unless the judge has been a member of bar of Florida for the 
875  preceding five years. 
876         (9) The office of judges of all other courts abolished by 
877  this article shall be abolished as of the effective date of this 
878  article. 
879         (10) The offices of county solicitor and prosecuting 
880  attorney shall stand abolished, and all county solicitors and 
881  prosecuting attorneys holding such offices upon the effective 
882  date of this article shall become and serve as assistant state 
883  attorneys for the circuits in which their counties are situate 
884  for the remainder of their terms, with compensation not less 
885  than that received immediately before the effective date of this 
886  article. 
887         (e) LIMITED OPERATION OF SOME PROVISIONS.— 
888         (1) All justices of the supreme court, judges of the 
889  district courts of appeal and circuit judges in office upon the 
890  effective date of this article shall retain their offices for 
891  the remainder of their respective terms. All members of the 
892  judicial qualifications commission in office upon the effective 
893  date of this article shall retain their offices for the 
894  remainder of their respective terms. Each state attorney in 
895  office on the effective date of this article shall retain the 
896  office for the remainder of the term. 
897         (2) No justice or judge holding office immediately after 
898  this article becomes effective who held judicial office on July 
899  1, 1957, shall be subject to retirement from judicial office 
900  because of age pursuant to section 8 of this article. 
901         (f) Until otherwise provided by law, the nonjudicial duties 
902  required of county judges shall be performed by the judges of 
903  the county court. 
904         (g) All provisions of Article V of the Constitution of 
905  1885, as amended, not embraced herein which are not inconsistent 
906  with this revision shall become statutes subject to modification 
907  or repeal as are other statutes. 
908         (h) The requirements of section 14 relative to all county 
909  court judges or any judge of a municipal court who continues to 
910  hold office pursuant to subsection (d)(4) hereof being 
911  compensated by state salaries shall not apply prior to January 
912  3, 1977, unless otherwise provided by general law. 
913         (i) DELETION OF OBSOLETE SCHEDULE ITEMS.—The legislature 
914  shall have power, by concurrent resolution, to delete from this 
915  article any subsection of this section 20 including this 
916  subsection, when all events to which the subsection to be 
917  deleted is or could become applicable have occurred. A 
918  legislative determination of fact made as a basis for 
919  application of this subsection shall be subject to judicial 
920  review. 
921         (j) EFFECTIVE DATE.—Unless otherwise provided herein, this 
922  article shall become effective at 11:59 o’clock P.M., Eastern 
923  Standard 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. 
feedback