CS/HJR 7111

1	House Joint Resolution
2	A joint resolution proposing a revision of Article V of
3	the State Constitution, relating to the judiciary,
4	consisting of amendments to Sections 2, 11, and 12 of
5	Article V of the State Constitution; revising provisions
6	relating to repeal of court rules; limiting readoption of
7	a repealed court rule; providing for Senate confirmation
8	of Supreme Court justices; requiring the Judicial
9	Qualifications Commission to make all of its files
10	available to the Speaker of the House of Representatives;
11	providing for confidentiality of records provided to the
12	House of Representatives until impeachment is initiated;
13	making other conforming and modernizing changes to the
14	State Constitution regarding the judicial branch.
15
16	Be It Resolved by the Legislature of the State of Florida:
17
18	That the following revision to Sections 2, 11, and 12 of
19	Article V of the State Constitution is agreed to and shall be
20	submitted to the electors of this state for approval or
21	rejection at the next general election or at an earlier special
22	election specifically authorized by law for that purpose:
23	ARTICLE V
24	JUDICIARY
25	SECTION 2.  Administration; practice and procedure.-
26	(a)  The supreme court shall adopt rules for the practice
27	and procedure in all courts including the time for seeking
28	appellate review, the administrative supervision of all courts,
29	the transfer to the court having jurisdiction of any proceeding
30	when the jurisdiction of another court has been improvidently
31	invoked, and a requirement that no cause shall be dismissed
32	because an improper remedy has been sought. The supreme court
33	shall adopt rules to allow it the court and the district courts
34	of appeal to submit questions relating to military law to the
35	federal Court of Appeals for the Armed Forces for an advisory
36	opinion. Rules of court may be repealed by general law that
37	expresses the policy behind the repeal enacted by two-thirds
38	vote of the membership of each house of the legislature. The
39	court may readopt the repealed rule only in conformity with the
40	public policy expressed by the legislature. If the legislature
41	determines that a rule has been readopted and repeals the
42	readopted rule, the rule may not be readopted thereafter without
43	prior approval of the legislature.
44	(b)  The chief justice of the supreme court shall be chosen
45	by a majority of the members of the court; shall be the chief
46	administrative officer of the judicial system; and shall have
47	the power to assign justices or judges, including consenting
48	retired justices or judges, to temporary duty in any court for
49	which the judge is qualified and to delegate to a chief judge of
50	a judicial circuit the power to assign judges for duty in that
51	circuit.
52	(c)  A chief judge for each district court of appeal shall
53	be chosen by a majority of the judges thereof or, if there is no
54	majority, by the chief justice. The chief judge shall be
55	responsible for the administrative supervision of the court.
56	(d)  A chief judge in each circuit shall be chosen from
57	among the circuit judges as provided by supreme court rule. The
58	chief judge of a circuit shall be responsible for the
59	administrative supervision of the circuit courts and county
60	courts in the his circuit.
61	SECTION 11.  Vacancies.-
62	(a)  Whenever a vacancy occurs in a judicial office to
63	which election for retention applies, the governor shall fill
64	the vacancy by appointing for a term ending on the first Tuesday
65	after the first Monday in January of the year following the next
66	general election occurring at least one year after the date of
67	appointment, one of not fewer than three persons nor more than
68	six persons nominated by the appropriate judicial nominating
69	commission.
70	(b)  The governor shall fill each vacancy on a circuit
71	court or on a county court, wherein the judges are elected by a
72	majority vote of the electors, by appointing for a term ending
73	on the first Tuesday after the first Monday in January of the
74	year following the next primary and general election occurring
75	at least one year after the date of appointment, one of not
76	fewer than three persons nor more than six persons nominated by
77	the appropriate judicial nominating commission. An election
78	shall be held to fill that judicial office for the term of the
79	office beginning at the end of the appointed term.
80	(c)  The nominations shall be made within thirty days from
81	the occurrence of a vacancy unless the period is extended by the
82	governor for a time not to exceed thirty days. The governor
83	shall make the appointment within sixty days after the
84	nominations have been certified to the governor.
85	(d)  Each appointment of a justice of the supreme court is
86	subject to confirmation by the senate. The senate may sit for
87	the purpose of confirmation regardless of whether the house of
88	representatives is in session or not. If the senate fails to
89	vote on the appointment of a justice within 90 days, the justice
90	shall be deemed confirmed. If the senate votes to not confirm
91	the appointment, the supreme court judicial nominating
92	commission shall reconvene as though a new vacancy had occurred
93	but may not renominate any person whose prior appointment to
94	fill the same vacancy was not confirmed by the senate. The
95	appointment of a justice is effective upon confirmation by the
96	senate.
97	(e)(d)  There shall be a separate judicial nominating
98	commission as provided by general law for the supreme court, one
99	for each district court of appeal, and one for each judicial
100	circuit for all trial courts within the circuit. Uniform rules
101	of procedure shall be established by the judicial nominating
102	commissions at each level of the court system. Such rules, or
103	any part thereof, may be repealed by general law enacted by a
104	majority vote of the membership of each house of the
105	legislature, or by the supreme court, five justices concurring.
106	Except for deliberations of the judicial nominating commissions,
107	the proceedings of the commissions and their records shall be
108	open to the public.
109	SECTION 12.  Discipline; removal and retirement.-
110	(a)  JUDICIAL QUALIFICATIONS COMMISSION.-A judicial
111	qualifications commission is created.
112	(1)  There shall be a judicial qualifications commission
113	vested with jurisdiction to investigate and recommend to the
114	Supreme Court of Florida the removal from office of any justice
115	or judge whose conduct, during term of office or otherwise,
116	occurring on or after November 1, 1966, (without regard to the
117	effective date of this section) demonstrates a present unfitness
118	to hold office, and to investigate and recommend the discipline
119	of a justice or judge whose conduct, during term of office or
120	otherwise occurring on or after November 1, 1966 (without regard
121	to the effective date of this section), warrants such
122	discipline. For purposes of this section, discipline is defined
123	as any or all of the following: reprimand, fine, suspension with
124	or without pay, or lawyer discipline. The commission shall have
125	jurisdiction over justices and judges regarding allegations that
126	misconduct occurred before or during service as a justice or
127	judge if a complaint is made no later than one year following
128	service as a justice or judge. The commission shall have
129	jurisdiction regarding allegations of incapacity during service
130	as a justice or judge. The commission shall be composed of:
131	a.  Two judges of district courts of appeal selected by the
132	judges of those courts, two circuit judges selected by the
133	judges of the circuit courts and two judges of county courts
134	selected by the judges of those courts;
135	b.  Four electors who reside in the state, who are members
136	of the bar of Florida, and who shall be chosen by the governing
137	body of the bar of Florida; and
138	c.  Five electors who reside in the state, who have never
139	held judicial office or been members of the bar of Florida, and
140	who shall be appointed by the governor.
141	(2)  The members of the judicial qualifications commission
142	shall serve staggered terms, not to exceed six years, as
143	prescribed by general law. No member of the commission except a
144	judge shall be eligible for state judicial office while acting
145	as a member of the commission and for a period of two years
146	thereafter. No member of the commission shall hold office in a
147	political party or participate in any campaign for judicial
148	office or hold public office; provided that a judge may campaign
149	for judicial office and hold that office. The commission shall
150	elect one of its members as its chairperson.
151	(3)  Members of the judicial qualifications commission not
152	subject to impeachment shall be subject to removal from the
153	commission pursuant to the provisions of Article IV, Section 7,
154	Florida Constitution.
155	(4)  The commission shall adopt rules regulating its
156	proceedings, the filling of vacancies by the appointing
157	authorities, the disqualification of members, the rotation of
158	members between the panels, and the temporary replacement of
159	disqualified or incapacitated members. The commission's rules,
160	or any part thereof, may be repealed by general law enacted by a
161	majority vote of the membership of each house of the
162	legislature, or by the supreme court, five justices concurring.
163	The commission shall have power to issue subpoenas. Until formal
164	charges against a justice or judge are filed by the
165	investigative panel with the clerk of the supreme court of
166	Florida all proceedings by or before the commission shall be
167	confidential; provided, however, upon a finding of probable
168	cause and the filing by the investigative panel with said clerk
169	of such formal charges against a justice or judge such charges
170	and all further proceedings before the commission shall be
171	public.
172	(5)  The commission shall have access to all information
173	from all executive, legislative and judicial agencies, including
174	grand juries, subject to the rules of the commission. At any
175	time, on request of the speaker of the house of representatives
176	or the governor, the commission shall make available to the
177	house of representatives all information in the possession of
178	the commission, which information shall remain confidential
179	during any investigation and until such information is used in
180	the pursuit for use in consideration of impeachment or
181	suspension, respectively.
182	(b)  PANELS.-The commission shall be divided into an
183	investigative panel and a hearing panel as established by rule
184	of the commission. The investigative panel is vested with the
185	jurisdiction to receive or initiate complaints, conduct
186	investigations, dismiss complaints, and upon a vote of a simple
187	majority of the panel submit formal charges to the hearing
188	panel. The hearing panel is vested with the authority to receive
189	and hear formal charges from the investigative panel and upon a
190	two-thirds vote of the panel recommend to the supreme court the
191	removal of a justice or judge or the involuntary retirement of a
192	justice or judge for any permanent disability that seriously
193	interferes with the performance of judicial duties. Upon a
194	simple majority vote of the membership of the hearing panel, the
195	panel may recommend to the supreme court that the justice or
196	judge be subject to appropriate discipline.
197	(c)  SUPREME COURT.-The supreme court shall receive
198	recommendations from the judicial qualifications commission's
199	hearing panel.
200	(1)  The supreme court may accept, reject, or modify in
201	whole or in part the findings, conclusions, and recommendations
202	of the commission and it may order that the justice or judge be
203	subjected to appropriate discipline, or be removed from office
204	with termination of compensation for willful or persistent
205	failure to perform judicial duties or for other conduct
206	unbecoming a member of the judiciary demonstrating a present
207	unfitness to hold office, or be involuntarily retired for any
208	permanent disability that seriously interferes with the
209	performance of judicial duties. Malafides, scienter or moral
210	turpitude on the part of a justice or judge shall not be
211	required for removal from office of a justice or judge whose
212	conduct demonstrates a present unfitness to hold office. After
213	the filing of a formal proceeding and upon request of the
214	investigative panel, the supreme court may suspend the justice
215	or judge from office, with or without compensation, pending
216	final determination of the inquiry.
217	(2)  The supreme court may award costs to the prevailing
218	party.
219	(d)  REMOVAL POWER.-The power of removal conferred by this
220	section shall be both alternative and cumulative to the power of
221	impeachment.
222	(e)  PROCEEDINGS INVOLVING SUPREME COURT JUSTICE.-
223	Notwithstanding any of the foregoing provisions of this section,
224	if the person who is the subject of proceedings by the judicial
225	qualifications commission is a justice of the supreme court of
226	Florida all justices of such court automatically shall be
227	disqualified to sit as justices of such court with respect to
228	all proceedings therein concerning such person and the supreme
229	court for such purposes shall be composed of a panel consisting
230	of the seven chief judges of the judicial circuits of the state
231	of Florida most senior in tenure of judicial office as circuit
232	judge. For purposes of determining seniority of such circuit
233	judges in the event there be judges of equal tenure in judicial
234	office as circuit judge the judge or judges from the lower
235	numbered circuit or circuits shall be deemed senior. In the
236	event any such chief circuit judge is under investigation by the
237	judicial qualifications commission or is otherwise disqualified
238	or unable to serve on the panel, the next most senior chief
239	circuit judge or judges shall serve in place of such
240	disqualified or disabled chief circuit judge.
241	(f)  SCHEDULE TO SECTION 12.-
242	(1)  Except to the extent inconsistent with the provisions
243	of this section, all provisions of law and rules of court in
244	force on the effective date of this article shall continue in
245	effect until superseded in the manner authorized by the
246	constitution.
247	(2)  After this section becomes effective and until adopted
248	by rule of the commission consistent with it:
249	a.  The commission shall be divided, as determined by the
250	chairperson, into one investigative panel and one hearing panel
251	to meet the responsibilities set forth in this section.
252	b.  The investigative panel shall be composed of:
253	1.  Four judges,
254	2.  Two members of the bar of Florida, and
255	3.  Three non-lawyers.
256	c.  The hearing panel shall be composed of:
257	1.  Two judges,
258	2.  Two members of the bar of Florida, and
259	3.  Two non-lawyers.
260	d.  Membership on the panels may rotate in a manner
261	determined by the rules of the commission provided that no
262	member shall vote as a member of the investigative and hearing
263	panel on the same proceeding.
264	e.  The commission shall hire separate staff for each
265	panel.
266	f.  The members of the commission shall serve for staggered
267	terms of six years.
268	g.  The terms of office of the present members of the
269	judicial qualifications commission shall expire upon the
270	effective date of the amendments to this section approved by the
271	legislature during the regular session of the legislature in
272	1996 and new members shall be appointed to serve the following
273	staggered terms:
274	1.  Group I.-The terms of five members, composed of two
275	electors as set forth in s. 12(a)(1)c. of Article V, one member
276	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
277	V, one judge from the district courts of appeal and one circuit
278	judge as set forth in s. 12(a)(1)a. of Article V, shall expire
279	on December 31, 1998.
280	2.  Group II.-The terms of five members, composed of one
281	elector as set forth in s. 12(a)(1)c. of Article V, two members
282	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
283	V, one circuit judge and one county judge as set forth in s.
284	12(a)(1)a. of Article V shall expire on December 31, 2000.
285	3.  Group III.-The terms of five members, composed of two
286	electors as set forth in s. 12(a)(1)c. of Article V, one member
287	of the bar of Florida as set forth in s. 12(a)(1)b., one judge
288	from the district courts of appeal and one county judge as set
289	forth in s. 12(a)(1)a. of Article V, shall expire on December
290	31, 2002.
291	g.h.  An appointment to fill a vacancy of the commission
292	shall be for the remainder of the term.
293	h.i.  Selection of members by district courts of appeal
294	judges, circuit judges, and county court judges, shall be by no
295	less than a majority of the members voting at the respective
296	courts' conferences. Selection of members by the board of
297	governors of the bar of Florida shall be by no less than a
298	majority of the board.
299	i.j.  The commission shall be entitled to recover the costs
300	of investigation and prosecution, in addition to any penalty
301	levied by the supreme court.
302	j.k.  The compensation of members and referees shall be the
303	travel expenses or transportation and per diem allowance as
304	provided by general law.
305
306	BE IT FURTHER RESOLVED that the following statement be
307	placed on the ballot:
308	CONSTITUTIONAL AMENDMENT
309	ARTICLE V, SECTIONS 2, 11, AND 12
310	STATE COURTS.-Proposing a revision of Article V of the
311	State Constitution relating to the judiciary.
312	The State Constitution authorizes the Supreme Court to
313	adopt rules for the practice and procedure in all courts. The
314	constitution further provides that a rule of court may be
315	repealed by a general law enacted by a two-thirds vote of the
316	membership of each house of the Legislature. This proposed
317	constitutional revision eliminates the requirement that a
318	general law repealing a court rule pass by a two-thirds vote of
319	each house, thereby providing that the Legislature may repeal a
320	rule of court by a general law approved by a majority vote of
321	each house of the Legislature that expresses the policy behind
322	the repeal. The court could readopt the rule in conformity with
323	the public policy expressed by the Legislature, but if the
324	Legislature determines that a rule has been readopted and
325	repeals the readopted rule, this proposed revision prohibits the
326	court from further readopting the repealed rule without the
327	Legislature's prior approval. Under current law, rules of the
328	judicial nominating commissions and the Judicial Qualifications
329	Commission may be repealed by general law enacted by a majority
330	vote of the membership of each house of the Legislature. Under
331	this proposed revision, a vote to repeal those rules is changed
332	to repeal by general law enacted by a majority vote of the
333	legislators present.
334	Under current law, the Governor appoints a justice of the
335	Supreme Court from a list of nominees provided by a judicial
336	nominating commission, and appointments by the Governor are not
337	subject to confirmation. This revision requires Senate
338	confirmation of a justice of the Supreme Court before the
339	appointee can take office. If the Senate votes not to confirm
340	the appointment, the judicial nominating commission must
341	reconvene and may not renominate any person whose prior
342	appointment to fill the same vacancy was not confirmed by the
343	Senate. For the purpose of confirmation, the Senate may meet at
344	any time. If the Senate fails to vote on the appointment of a
345	justice within 90 days, the justice will be deemed confirmed and
346	will take office.
347	The Judicial Qualifications Commission is an independent
348	commission created by the State Constitution to investigate and
349	prosecute before the Florida Supreme Court alleged misconduct by
350	a justice or judge. Currently under the constitution, commission
351	proceedings are confidential until formal charges are filed by
352	the investigative panel of the commission. Once formal charges
353	are filed, the formal charges and all further proceedings of the
354	commission are public. Currently, the constitution authorizes
355	the House of Representatives to impeach a justice or judge.
356	Further, the Speaker of the House of Representatives may
357	request, and the Judicial Qualifications Commission must make
358	available, all information in the commission's possession for
359	use in deciding whether to impeach a justice or judge. This
360	proposed revision requires the commission to make all of its
361	files available to the Speaker of the House of Representatives
362	but provides that such files would remain confidential during
363	any investigation by the House of Representatives and until such
364	information is used in the pursuit of an impeachment of a
365	justice or judge. This revision also removes the power of the
366	Governor to request files of the Judicial Qualifications
367	Commission to conform to a prior constitutional change.
368	This revision also makes technical and clarifying additions
369	and deletions relating to the selection of chief judges of a
370	circuit and relating to the Judicial Qualifications Commission,
371	and makes other nonsubstantive conforming and technical changes
372	in the judicial article of the constitution.
373
374	BE IT FURTHER RESOLVED that the following statement be
375	placed on the ballot if a court declares the preceding statement
376	defective and the decision of the court is not reversed:
377	CONSTITUTIONAL AMENDMENT
378	ARTICLE V, SECTIONS 2, 11, AND 12
379	JUDICIARY.-Proposing a revision of the Judiciary Article of
380	the Florida Constitution; revising standards and procedures for
381	legislative repeal of a court rule and the Supreme Court's
382	readoption of a rule repealed by the Legislature; providing for
383	Senate confirmation of an appointment of a Supreme Court
384	justice; allowing the House of Representatives to review
385	confidential files of the Judicial Qualifications Commission
386	under any circumstances; providing that such files shall remain
387	confidential until the House of Representatives initiates
388	impeachment proceedings; and making other technical, clarifying,
389	and conforming revisions.
390
391	BE IT FURTHER RESOLVED that the following statement be
392	placed on the ballot if a court declares the preceding
393	statements defective and the decision of the court is not
394	reversed:
395	CONSTITUTIONAL AMENDMENT
396	ARTICLE V, SECTIONS 2, 11, AND 12
397	STATE COURTS.-Proposing a revision to Article V of the
398	State Constitution relating to the judiciary; changing the
399	authority of the Legislature to repeal a court rule by two-
400	thirds vote of the membership of each house to a simple majority
401	of each house; limiting the Supreme Court's ability to readopt a
402	rule repealed by the Legislature; requiring Senate confirmation
403	before a justice may take office; providing that if the Senate
404	does not act within 90 days the nominee is deemed confirmed as a
405	justice; allowing the Senate to meet outside of regular session
406	without having the House of Representatives convene at the same
407	time; deleting outdated references related to the Judicial
408	Qualifications Commission; requiring the Judicial Qualifications
409	Commission to provide the House of Representatives access to
410	records; providing for confidentiality of records provided to
411	the House of Representatives until impeachment is initiated;
412	making conforming and technical changes.

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