HB 857

1	A bill to be entitled
2	An act relating to judicial nominating commissions;
3	amending s. 43.291, F.S.; authorizing the Board of
4	Governors of The Florida Bar to appoint some of the
5	members of judicial nominating commissions; requiring that
6	each judicial nominating commission satisfy certain
7	prerequisites for racial and gender diversity; providing
8	for the prerequisites to be satisfied over a period of
9	time; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsection (1) of section 43.291, Florida
14	Statutes, is amended to read:
15	43.291  Judicial nominating commissions.-
16	(1)  Each judicial nominating commission shall be composed
17	of the following members:
18	(a)  Three Four members, at least one of whom must be a
19	member of a racial or ethnic minority group or a woman,
20	appointed by the Board of Governors of The Florida Bar from
21	among The Florida Bar members, appointed by the Governor, who
22	are actively engaged in the practice of law with offices within,
23	each of whom is a resident of the territorial jurisdiction of
24	the affected court, or in the district or circuit; served by the
25	commission to which the member is appointed. The Board of
26	Governors of The Florida Bar shall submit to the Governor three
27	recommended nominees for each position. The Governor shall
28	select the appointee from the list of nominees recommended for
29	that position, but the Governor may reject all of the nominees
30	recommended for a position and request that the Board of
31	Governors submit a new list of three different recommended
32	nominees for that position who have not been previously
33	recommended by the Board of Governors.
34	(b)  Three electors, at least one of whom must be a member
35	of a racial or ethnic minority group or a woman, who reside in
36	the territorial jurisdiction of the court or in the circuit,
37	appointed by the Governor; and Five members appointed by the
38	Governor, each of whom is a resident of the territorial
39	jurisdiction served by the commission to which the member is
40	appointed, of which at least two are members of The Florida Bar
41	engaged in the practice of law.
42	(c)  Three electors, at least one of whom must be a member
43	of a racial or ethnic minority group or a woman, who reside in
44	the territorial jurisdiction of the court or in the circuit and
45	who are not members of The Florida Bar, selected and appointed
46	by a majority vote of the other six members of the commission.
47	Section 2.  If, on July 1, 2010, the composition of a
48	judicial nominating commission does not comply with s.
49	43.291(1), Florida Statutes, at least every other appointment to
50	that commission must be a member of a racial or ethnic minority
51	group or a woman until the diversity requirements of s.
52	43.291(1), Florida Statutes, are satisfied.
53	Section 3.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.