Senate Bill sb2378

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    Florida Senate - 2004                                 SJR 2378

    By Senator Cowin





    20-1471-04

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing an amendment to

  3         Section 2 of Article V of the State

  4         Constitution, relating to the judiciary, to

  5         abolish the power of the Supreme Court to adopt

  6         rules of practice and procedure for all courts;

  7         create a judicial conference to propose such

  8         rules; and empower the Legislature to accept,

  9         amend, or reject proposed rules, and to repeal

10         or amend rules, by general law.

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

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14         That the following amendment to Section 2 of Article V

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

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

17  next general election or at an earlier special election

18  specifically authorized by law for that purpose:

19                            ARTICLE V

20                            JUDICIARY

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

22         (a)  A judicial conference is created. The duty of the

23  judicial conference is to propose rules of practice and

24  procedure in all courts.

25         (1)  The judicial conference shall be composed of

26  members selected in the manner provided by general law.

27         (2)  The members of the judicial conference shall, by

28  majority vote, choose their chair and adopt rules to govern

29  their proceedings.

30         (3)  The clerk of the supreme court shall serve as

31  clerk of the judicial conference.

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    Florida Senate - 2004                                 SJR 2378
    20-1471-04




 1         (4)  Rules of practice and procedure proposed by the

 2  judicial conference shall be transmitted to the legislature

 3  for consideration. The legislature may amend, adopt, or reject

 4  such rules by general law. Unless and until adopted by general

 5  law, rules proposed by the judicial conference shall be of no

 6  force and effect. If the legislature takes no action upon a

 7  proposed rule before the general election next following its

 8  transmittal to the legislature, the proposed rule shall be

 9  deemed rejected.

10         (5)  Rules proposed by the judicial conference may not

11  be inconsistent with general law and may not abridge, enlarge,

12  or modify any substantive right.

13         (6)  Rules of practice and procedure may be repealed or

14  amended by general law. The supreme court shall adopt rules

15  for the practice and procedure in all courts including the

16  time for seeking appellate review, the administrative

17  supervision of all courts, the transfer to the court having

18  jurisdiction of any proceeding when the jurisdiction of

19  another court has been improvidently invoked, and a

20  requirement that no cause shall be dismissed because an

21  improper remedy has been sought.  The supreme court shall

22  adopt rules to allow the court and the district courts of

23  appeal to submit questions relating to military law to the

24  federal Court of Appeals for the Armed Forces for an advisory

25  opinion.  Rules of court may be repealed by general law

26  enacted by two-thirds vote of the membership of each house of

27  the legislature.

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

29  chosen by a majority of the members of the court; shall be the

30  chief administrative officer of the judicial system; and shall

31  have the power to assign justices or judges, including

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    Florida Senate - 2004                                 SJR 2378
    20-1471-04




 1  consenting retired justices or judges, to temporary duty in

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

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

 4  for duty in that circuit.

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

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

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

 8  shall be responsible for the administrative supervision of the

 9  court.

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

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

12  The chief judge shall be responsible for the administrative

13  supervision of the circuit courts and county courts in his

14  circuit.

15         BE IT FURTHER RESOLVED that the following statement be

16  placed on the ballot:

17                     CONSTITUTIONAL AMENDMENT

18                       ARTICLE V, SECTION 2

19         JUDICIAL CONFERENCE.--Proposing an amendment to the

20  State Constitution to remove the Supreme Court's current

21  authority to adopt rules of practice and procedure in all

22  courts. The amendment creates a judicial conference empowered

23  to propose rules of practice and procedure in all courts. The

24  amendment provides that the judicial conference be composed of

25  members in a manner provided by general law. The amendment

26  requires the judicial conference to transmit its rule

27  proposals to the Legislature. The amendment empowers the

28  Legislature to amend, adopt, reject, or repeal rules of

29  practice and procedure by general law. Under the amendment,

30  rules proposed by the judicial conference will have no force

31  or effect unless and until adopted by general law. If no

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    Florida Senate - 2004                                 SJR 2378
    20-1471-04




 1  action is taken by the Legislature to adopt a rule by the next

 2  general election, the proposed rule is deemed rejected. The

 3  amendment provides that rules proposed by the judicial

 4  conference may not be inconsistent with general law and may

 5  not abridge, enlarge, or modify any substantive right.

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