House Bill hb0655

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    Florida House of Representatives - 2001                HJR 655

        By Representative Baker






  1                      House Joint Resolution

  2         A joint resolution proposing amendments to

  3         Sections 3, 10, and 11 of Article V and the

  4         creation of Section 26 of Article XII of the

  5         State Constitution relating to the election of

  6         justices of the Supreme Court.

  7

  8  Be It Resolved by the Legislature of the State of Florida:

  9

10         That the amendments to Sections 3, 10, and 11 of

11  Article V and the creation of Section 26 of Article XII of the

12  State Constitution set forth below are agreed to and shall be

13  submitted to the electors of Florida for approval or rejection

14  at the general election to be held in November 2002:

15                            ARTICLE V

16                            JUDICIARY

17         SECTION 3.  Supreme court.--

18         (a)  ORGANIZATION.--The supreme court shall consist of

19  seven justices.  Of the seven justices, each appellate

20  district shall have at least one justice elected or appointed

21  from the district to the supreme court who is a resident of

22  the district at the time of the original appointment or

23  election.  Five justices shall constitute a quorum.  The

24  concurrence of four justices shall be necessary to a decision.

25  When recusals for cause would prohibit the court from

26  convening because of the requirements of this section, judges

27  assigned to temporary duty may be substituted for justices.

28         (b)  JURISDICTION.--The supreme court:

29         (1)  Shall hear appeals from final judgments of trial

30  courts imposing the death penalty and from decisions of

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  1  district courts of appeal declaring invalid a state statute or

  2  a provision of the state constitution.

  3         (2)  When provided by general law, shall hear appeals

  4  from final judgments entered in proceedings for the validation

  5  of bonds or certificates of indebtedness and shall review

  6  action of statewide agencies relating to rates or service of

  7  utilities providing electric, gas, or telephone service.

  8         (3)  May review any decision of a district court of

  9  appeal that expressly declares valid a state statute, or that

10  expressly construes a provision of the state or federal

11  constitution, or that expressly affects a class of

12  constitutional or state officers, or that expressly and

13  directly conflicts with a decision of another district court

14  of appeal or of the supreme court on the same question of law.

15         (4)  May review any decision of a district court of

16  appeal that passes upon a question certified by it to be of

17  great public importance, or that is certified by it to be in

18  direct conflict with a decision of another district court of

19  appeal.

20         (5)  May review any order or judgment of a trial court

21  certified by the district court of appeal in which an appeal

22  is pending to be of great public importance, or to have a

23  great effect on the proper administration of justice

24  throughout the state, and certified to require immediate

25  resolution by the supreme court.

26         (6)  May review a question of law certified by the

27  Supreme Court of the United States or a United States Court of

28  Appeals which is determinative of the cause and for which

29  there is no controlling precedent of the supreme court of

30  Florida.

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  1         (7)  May issue writs of prohibition to courts and all

  2  writs necessary to the complete exercise of its jurisdiction.

  3         (8)  May issue writs of mandamus and quo warranto to

  4  state officers and state agencies.

  5         (9)  May, or any justice may, issue writs of habeas

  6  corpus returnable before the supreme court or any justice, a

  7  district court of appeal or any judge thereof, or any circuit

  8  judge.

  9         (10)  Shall, when requested by the attorney general

10  pursuant to the provisions of Section 10 of Article IV, render

11  an advisory opinion of the justices, addressing issues as

12  provided by general law.

13         (c)  CLERK AND MARSHAL.--The supreme court shall

14  appoint a clerk and a marshal who shall hold office during the

15  pleasure of the court and perform such duties as the court

16  directs. Their compensation shall be fixed by general law.

17  The marshal shall have the power to execute the process of the

18  court throughout the state, and in any county may deputize the

19  sheriff or a deputy sheriff for such purpose.

20         SECTION 10.  Retention; election and terms.--

21         (a)  Any justice or judge may qualify for retention by

22  a vote of the electors in the general election next preceding

23  the expiration of the justice's or judge's term in the manner

24  prescribed by law.  If a justice or judge is ineligible or

25  fails to qualify for retention, a vacancy shall exist in that

26  office upon the expiration of the term being served by the

27  justice or judge.  When a justice or judge so qualifies, the

28  ballot shall read substantially as follows: "Shall Justice (or

29  Judge) ...(name of justice or judge)... of the ...(name of the

30  court)... be retained in office?" If a majority of the

31  qualified electors voting within the territorial jurisdiction

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  1  of the court vote to retain, the justice or judge shall be

  2  retained for a term of six years.  The term of the justice or

  3  judge retained shall commence on the first Tuesday after the

  4  first Monday in January following the general election.  If a

  5  majority of the qualified electors voting within the

  6  territorial jurisdiction of the court vote to not retain, a

  7  vacancy shall exist in that office upon the expiration of the

  8  term being served by the justice or judge.

  9         (b)(1)  The election of circuit judges shall be

10  preserved notwithstanding the provisions of subsection (a)

11  unless a majority of those voting in the jurisdiction of that

12  circuit approves a local option to select circuit judges by

13  merit selection and retention rather than by election.  The

14  election of circuit judges shall be by a vote of the qualified

15  electors within the territorial jurisdiction of the court.

16         (2)  The election of county court judges shall be

17  preserved notwithstanding the provisions of subsection (a)

18  unless a majority of those voting in the jurisdiction of that

19  county approves a local option to select county judges by

20  merit selection and retention rather than by election.  The

21  election of county court judges shall be by a vote of the

22  qualified electors within the territorial jurisdiction of the

23  court.

24         (3)a.  A vote to exercise a local option to select

25  circuit court judges and county court judges by merit

26  selection and retention rather than by election shall be held

27  in each circuit and county at the general election in the year

28  2000. If a vote to exercise this local option fails in a vote

29  of the electors, such option shall not again be put to a vote

30  of the electors of that jurisdiction until the expiration of

31  at least two years.

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  1         b.  After the year 2000, a circuit may initiate the

  2  local option for merit selection and retention or the election

  3  of circuit judges, whichever is applicable, by filing with the

  4  secretary of state a petition signed by the number of electors

  5  equal to at least ten percent of the votes cast in the circuit

  6  in the last preceding election in which presidential electors

  7  were chosen.

  8         c.  After the year 2000, a county may initiate the

  9  local option for merit selection and retention or the election

10  of county court judges, whichever is applicable, by filing

11  with the supervisor of elections a petition signed by the

12  number of electors equal to at least ten percent of the votes

13  cast in the county in the last preceding election in which

14  presidential electors were chosen.

15         d.  The terms of circuit judges and judges of county

16  courts shall be for six years.

17         (c)  Justices of the supreme court shall be elected by

18  vote of the qualified electors statewide to a single term of

19  eight years, commencing on the first Tuesday after the first

20  Monday in January following the general election.  After

21  having been elected to a term of office as a justice of the

22  supreme court as provided in this subsection, the justice may

23  neither be elected to such office again nor be appointed to

24  fill any vacancy in such office at any time.

25         SECTION 11.  Vacancies.--

26         (a)  Whenever a vacancy occurs in a judicial office to

27  which election for retention applies, the governor shall fill

28  the vacancy by appointing for a term ending on the first

29  Tuesday after the first Monday in January of the year

30  following the next general election occurring at least one

31  year after the date of appointment, one of not fewer than

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  1  three persons nor more than six persons nominated by the

  2  appropriate judicial nominating commission.

  3         (b)  The governor shall fill each vacancy in judicial

  4  office on a circuit court or on a county court, wherein the

  5  justices or judges are elected by a majority vote of the

  6  electors, by appointing for a term ending on the first Tuesday

  7  after the first Monday in January of the year following the

  8  next primary and general election occurring at least one year

  9  after the date of appointment, one of not fewer than three

10  persons nor more than six persons nominated by the appropriate

11  judicial nominating commission.  An election shall be held to

12  fill that judicial office for the term of the office beginning

13  at the end of the appointed term.

14         (c)  The nominations shall be made within thirty days

15  from the occurrence of a vacancy unless the period is extended

16  by the governor for a time not to exceed thirty days.  The

17  governor shall make the appointment within sixty days after

18  the nominations have been certified to the governor.

19         (d)  There shall be a separate judicial nominating

20  commission as provided by general law for the supreme court,

21  each district court of appeal, and each judicial circuit for

22  all trial courts within the circuit.  Uniform rules of

23  procedure shall be established by the judicial nominating

24  commissions at each level of the court system.  Such rules, or

25  any part thereof, may be repealed by general law enacted by a

26  majority vote of the membership of each house of the

27  legislature, or by the supreme court, five justices

28  concurring. Except for deliberations of the judicial

29  nominating commissions, the proceedings of the commissions and

30  their records shall be open to the public.

31                           ARTICLE XII

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    Florida House of Representatives - 2001                HJR 655

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  1                             SCHEDULE

  2         SECTION 26.  Election of supreme court justices.--The

  3  amendments to Sections 3, 10, and 11 of Article V requiring

  4  the election of supreme court justices shall take effect

  5  January 7, 2003, and shall first apply to the primary and

  6  general elections held in 2004.  However, each supreme court

  7  justice in office on January 7, 2003, shall continue in office

  8  for the remainder of his or her term, unless by reason of

  9  vacancy another person is appointed to complete that term of

10  office; and all succeeding terms shall be filled by vote of

11  the qualified electors as provided herein.

12         BE IT FURTHER RESOLVED that in accordance with the

13  requirements of section 101.161, Florida Statutes, the title

14  and substance of the amendments proposed herein shall appear

15  on the ballot as follows:

16                ELECTION OF SUPREME COURT JUSTICES

17         Provides for direct election, rather than appointment

18  and subsequent retention by election, of Supreme Court

19  justices, beginning with the 2004 primary and general

20  elections.  Restricts directly elected justices to a single

21  8-year term, and prohibits their subsequent election or

22  appointment to the Supreme Court.  Allows sitting justices at

23  the time of such change to remain on the Supreme Court through

24  the remainder of those terms.

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