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.