Florida Senate - 2011                                   SJR 1664
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-01504A-11                                          20111664__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section
    3         11 of Article V of the State Constitution to require
    4         Senate confirmation of appointments to the office of
    5         justice of the Supreme Court.
    6  
    7  Be It Resolved by the Legislature of the State of Florida:
    8  
    9         That the following amendment to Section 11 of Article V of
   10  the State Constitution is agreed to and shall be submitted to
   11  the electors of this state for approval or rejection at the next
   12  general election or at an earlier special election specifically
   13  authorized by law for that purpose:
   14                              ARTICLE V                            
   15                              JUDICIARY                            
   16         SECTION 11. Vacancies.—
   17         (a) Whenever a vacancy occurs in a judicial office to which
   18  election for retention applies, the governor shall fill the
   19  vacancy by appointing for a term ending on the first Tuesday
   20  after the first Monday in January of the year following the next
   21  general election occurring at least one year after the date of
   22  appointment, one of not fewer than three persons nor more than
   23  six persons nominated by the appropriate judicial nominating
   24  commission.
   25         (b) The governor shall fill each vacancy on a circuit court
   26  or on a county court, wherein the judges are elected by a
   27  majority vote of the electors, by appointing for a term ending
   28  on the first Tuesday after the first Monday in January of the
   29  year following the next primary and general election occurring
   30  at least one year after the date of appointment, one of not
   31  fewer than three persons nor more than six persons nominated by
   32  the appropriate judicial nominating commission. An election
   33  shall be held to fill that judicial office for the term of the
   34  office beginning at the end of the appointed term.
   35         (c) The nominations shall be made within thirty days from
   36  the occurrence of a vacancy unless the period is extended by the
   37  governor for a time not to exceed thirty days. The governor
   38  shall make the appointment within sixty days after the
   39  nominations have been certified to the governor.
   40         (d) Each appointment of a justice of the supreme court is
   41  subject to confirmation by the senate. If the senate votes to
   42  not confirm the appointment, the appropriate judicial nominating
   43  commission shall reconvene as though a new vacancy had occurred.
   44  The commission may not renominate any person whose prior
   45  appointment to fill the same vacancy was not confirmed by the
   46  senate. The appointment of a justice is effective on the date of
   47  confirmation by the senate.
   48         (e)(d) There shall be a separate judicial nominating
   49  commission as provided by general law for the supreme court,
   50  each district court of appeal, and each judicial circuit for all
   51  trial courts within the circuit. Uniform rules of procedure
   52  shall be established by the judicial nominating commissions at
   53  each level of the court system. Such rules, or any part thereof,
   54  may be repealed by general law enacted by a majority vote of the
   55  membership of each house of the legislature, or by the supreme
   56  court, five justices concurring. Except for deliberations of the
   57  judicial nominating commissions, the proceedings of the
   58  commissions and their records shall be open to the public.
   59         BE IT FURTHER RESOLVED that the following statement be
   60  placed on the ballot:
   61                      CONSTITUTIONAL AMENDMENT                     
   62                        ARTICLE V, SECTION 11                      
   63         SENATE CONFIRMATION OF SUPREME COURT JUSTICES.—This
   64  proposed amendment provides that the appointment of justices to
   65  the Florida Supreme Court is subject to confirmation by the
   66  Florida Senate. Under current law, the Governor appoints
   67  justices from a list of nominees provided by a judicial
   68  nominating commission, and appointments by the Governor are not
   69  subject to confirmation. This amendment requires Senate
   70  confirmation before the appointee can take office. If the Senate
   71  votes not to confirm the appointment, the judicial nominating
   72  commission must reconvene and may not renominate any person
   73  whose prior appointment to fill the same vacancy was not
   74  confirmed by the Senate.
   75  
   76         BE IT FURTHER RESOLVED that the following statement be
   77  placed on the ballot if a court declares the preceding statement
   78  defective and the decision of the court is not reversed:
   79                      CONSTITUTIONAL AMENDMENT                     
   80                        ARTICLE V, SECTION 11                      
   81         REQUIRING SENATE CONFIRMATION OF APPOINTMENTS TO THE
   82  SUPREME COURT.—The State Constitution currently provides that,
   83  when a vacancy occurs in the office of justice of the Florida
   84  Supreme Court, the Governor must fill the vacancy by appointing
   85  a justice from nominees submitted by a judicial nominating
   86  commission. This proposed amendment specifies that a person
   87  appointed by the Governor to the office of justice of the
   88  Florida Supreme Court is subject to confirmation by the Florida
   89  Senate. Under the proposed amendment, if the Senate votes not to
   90  confirm the appointment, the judicial nominating commission must
   91  reconvene to nominate persons to the Governor. The commission
   92  may not renominate for the same vacancy a person whose prior
   93  appointment to that vacancy was not confirmed by the Senate.
   94  Under the proposed amendment, the appointment of a justice of
   95  the Supreme Court is not effective until the date of
   96  confirmation by the Senate.
   97  
   98         BE IT FURTHER RESOLVED that the following statement be
   99  placed on the ballot if a court declares the preceding statement
  100  defective and the decision of the court is not reversed:
  101                      CONSTITUTIONAL AMENDMENT                     
  102                        ARTICLE V, SECTION 11                      
  103         CONFIRMATION BY THE SENATE OF APPOINTMENTS BY THE GOVERNOR
  104  TO THE SUPREME COURT.—Proposing an amendment to the State
  105  Constitution to provide that the appointment of a person to fill
  106  a vacancy on the Florida Supreme Court must be confirmed by the
  107  Florida Senate. Currently under the State Constitution, when a
  108  vacancy in the office of justice of the Supreme Court arises, a
  109  judicial nominating commission convenes to interview
  110  applications and present to the Governor a list of qualified
  111  nominees for the vacancy. The Governor must appoint one of those
  112  nominees to the position. Upon appointment by the Governor, the
  113  person becomes a justice of the Supreme Court. This proposed
  114  amendment requires that the appointment of a justice by the
  115  Governor be confirmed by the Florida Senate. If the Senate
  116  affirmatively rejects the appointment, the judicial nominating
  117  commission shall reconvene and the Governor must make another
  118  appointment. The judicial nominating commission may not
  119  renominate a person whose prior appointment to fill the same
  120  vacancy was not confirmed by the Senate. The appointment of a
  121  justice is effective on the date of confirmation by the Senate.
  122  
  123         BE IT FURTHER RESOLVED that the following statement be
  124  placed on the ballot if a court declares the preceding statement
  125  defective and the decision of the court is not reversed:
  126                      CONSTITUTIONAL AMENDMENT                     
  127                        ARTICLE V, SECTION 11                      
  128         PROVIDING THAT APPOINTMENTS TO THE SUPREME COURT ARE
  129  SUBJECT TO SENATE CONFIRMATION.—The State Constitution currently
  130  requires vacancies to any judicial office that is subject to
  131  election for retention to be filled through appointment by the
  132  Governor of one person from a list of three to six persons
  133  nominated by the appropriate judicial nominating commission.
  134  This proposed amendment maintains the current process by which
  135  the Governor appoints a person to judicial office, but it
  136  further provides that each appointment of a justice of the
  137  Supreme Court of Florida is subject to confirmation by the
  138  Senate. If the Senate votes not to confirm the appointment, the
  139  appropriate judicial nominating commission will reconvene as
  140  though a new vacancy had occurred. The commission will not be
  141  able to renominate any person whose prior appointment to fill
  142  the same vacancy was not confirmed by the Senate. The
  143  appointment of a justice is effective on the date of Senate
  144  confirmation.