SENATE AMENDMENT

    Bill No. SJR 1234

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Dudley moved the following amendment:

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13         Senate Amendment 

14         Delete everything after the resolving clause

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16  and insert:

17         That the following amendment to Section 2 of Article V

18  of the State Constitution is agreed to and shall be submitted

19  to the electors of this state for approval or rejection at the

20  next general election or at an earlier special election

21  specifically authorized by law for that purpose:

22                            ARTICLE V

23                            JUDICIARY

24         SECTION 2.  Administration; practice and procedure.--

25         (a)  The supreme court shall adopt rules for the

26  practice and procedure in all courts including the time for

27  seeking appellate review, the administrative supervision of

28  all courts, the transfer to the court having jurisdiction of

29  any proceeding when the jurisdiction of another court has been

30  improvidently invoked, and a requirement that no cause shall

31  be dismissed because an improper remedy has been sought.

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                                                  SENATE AMENDMENT

    Bill No. SJR 1234

    Amendment No.    





 1  These rules may be repealed by general law enacted by

 2  three-fifths two-thirds vote of the membership of each house

 3  of the legislature. Any rule or provision of a rule of civil

 4  or criminal procedure adopted by the supreme court may be

 5  repealed by general law enacted by a three-fifths vote of the

 6  membership of each house of the legislature. Notwithstanding

 7  any other provision of this constitution, the legislature may,

 8  by a three-fifths vote of the membership of each house of the

 9  legislature, enact a law relating to civil or criminal

10  procedure. A rule of civil or criminal procedure or a

11  provision of such a rule prevails over any conflicting law.

12         (b)  The chief justice of the supreme court shall be

13  chosen by a majority of the members of the court.  He shall be

14  the chief administrative officer of the judicial system.  He

15  shall have the power to assign justices or judges, including

16  consenting retired justices or judges, to temporary duty in

17  any court for which the judge is qualified and to delegate to

18  a chief judge of a judicial circuit the power to assign judges

19  for duty in his respective circuit.

20         (c)  A chief judge for each district court of appeal

21  shall be chosen by a majority of the judges thereof or, if

22  there is no majority, by the chief justice.  The chief judge

23  shall be responsible for the administrative supervision of the

24  court.

25         (d)  A chief judge in each circuit shall be chosen from

26  among the circuit judges as provided by supreme court rule.

27  The chief judge shall be responsible for the administrative

28  supervision of the circuit courts and county courts in his

29  circuit.

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31  BE IT FURTHER RESOLVED that the following statement be placed

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                                                  SENATE AMENDMENT

    Bill No. SJR 1234

    Amendment No.    





 1  on the ballot:

 2                     CONSTITUTIONAL AMENDMENT

 3                       ARTICLE V, SECTION 2

 4         RULES OF PROCEDURE.--Proposing an amendment to the

 5  State Constitution to allow the Legislature to repeal, by

 6  general law enacted by a three-fifths vote of the membership

 7  of each house, rules of civil or criminal procedure adopted by

 8  the State Supreme Court and to enact a law relating to civil

 9  or criminal procedure. Provides that a rule of civil or

10  criminal procedure prevails over any conflicting law relating

11  to civil or criminal procedure.

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