Bill Text: MI HJROO | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Courts; judges; gubernatorial appointment of supreme court justice; amend constitution to require advice and consent of the senate. Amends sec. 23, art. VI of the state constitution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-08 - Printed Joint Resolution Filed 02/08/2012 [HJROO Detail]

Download: Michigan-2011-HJROO-Introduced.html

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HOUSE JOINT RESOLUTION OO

 

February 7, 2012, Introduced by Rep. Nesbitt and referred to the Committee on Judiciary.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 23 of article VI, to

 

provide for requiring the advice and consent of the senate for

 

gubernatorial appointments of justices of the supreme court of the

 

state of Michigan.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to provide for requiring the advice and

 

consent of the senate for gubernatorial appointments of justices of

 

the supreme court of the state of Michigan, is proposed, agreed to,

 

and submitted to the people of the state:

 

ARTICLE VI

 

     Sec. 23. A vacancy shall occur in the office of judge of any

 

court of record or in the district court by death, removal,

 

resignation or vacating of the office, and such vacancy shall be

 

filled by appointment by the governor, except that a vacancy in the

 

office of the justice of the supreme court shall be filled by the

 

governor by and with the advice and consent of the senate. The

 

person so appointed by the governor shall hold office until 12 noon

 

of the first day of January next succeeding the first general

 

election held after the vacancy occurs, at which election a

 

successor shall be elected for the remainder of the unexpired term.

 

Whenever a new office of judge in a court of record, or the

 

district court, is created by law, it shall be filled by election

 

as provided by law. The supreme court may authorize persons who

 

have been elected and served as judges to perform judicial duties

 

for limited periods or specific assignments.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.