CRC - 2017                                                 P 101
       
       
        
       By Commissioner Smith
       
       smithc-00092-17                                        2017101__
    1                         A proposal to amend                       
    2         Sections 10 and 11 of Article V of the State
    3         Constitution to provide that circuit judges and county
    4         court judges must qualify for retention for any terms
    5         of office that are subsequent to the term of office
    6         that a judge initially assumes by election.
    7          
    8  Be It Proposed by the Constitution Revision Commission of
    9  Florida:
   10  
   11         Sections 10 and 11 of Article V of the State Constitution
   12  are amended to read:
   13                              ARTICLE V                            
   14                              JUDICIARY                            
   15         SECTION 10. Retention; election and terms.—
   16         (a) Any justice or judge may qualify for retention by a
   17  vote of the electors in the general election next preceding the
   18  expiration of the justice’s or judge’s term in the manner
   19  prescribed by law. If a justice or judge is ineligible or fails
   20  to qualify for retention, a vacancy shall exist in that office
   21  upon the expiration of the term being served by the justice or
   22  judge. When a justice or judge so qualifies, the ballot shall
   23  read substantially as follows: “Shall Justice (or Judge)
   24  ...(name of justice or judge)... of the ...(name of the
   25  court)... be retained in office?” If a majority of the qualified
   26  electors voting within the territorial jurisdiction of the court
   27  vote to retain, the justice or judge shall be retained for a
   28  term of six years. The term of the justice or judge retained
   29  shall commence on the first Tuesday after the first Monday in
   30  January following the general election. If a majority of the
   31  qualified electors voting within the territorial jurisdiction of
   32  the court vote to not retain, a vacancy shall exist in that
   33  office upon the expiration of the term being served by the
   34  justice or judge.
   35         (b)(1)The terms of circuit judges and county court judges
   36  shall be for six years. The initial election of circuit judges
   37  and county court judges is shall be preserved notwithstanding
   38  the provisions of subsection (a). However, if a circuit judge or
   39  a county court judge chooses to serve additional terms in the
   40  same office following the conclusion of the term that he or she
   41  initially assumed by election, the judge must qualify for
   42  retention in accordance with subsection (a). unless a majority
   43  of those voting in the jurisdiction of that circuit approves a
   44  local option to select circuit judges by merit selection and
   45  retention rather than by election. The election of circuit
   46  judges shall be by a vote of the qualified electors within the
   47  territorial jurisdiction of the court.
   48         (2) The election of county court judges shall be preserved
   49  notwithstanding the provisions of subsection (a) unless a
   50  majority of those voting in the jurisdiction of that county
   51  approves a local option to select county judges by merit
   52  selection and retention rather than by election. The election of
   53  county court judges shall be by a vote of the qualified electors
   54  within the territorial jurisdiction of the court.
   55         (3)
   56         a. A vote to exercise a local option to select circuit
   57  court judges and county court judges by merit selection and
   58  retention rather than by election shall be held in each circuit
   59  and county at the general election in the year 2000. If a vote
   60  to exercise this local option fails in a vote of the electors,
   61  such option shall not again be put to a vote of the electors of
   62  that jurisdiction until the expiration of at least two years.
   63         b. After the year 2000, a circuit may initiate the local
   64  option for merit selection and retention or the election of
   65  circuit judges, whichever is applicable, by filing with the
   66  custodian of state records a petition signed by the number of
   67  electors equal to at least ten percent of the votes cast in the
   68  circuit in the last preceding election in which presidential
   69  electors were chosen.
   70         c. After the year 2000, a county may initiate the local
   71  option for merit selection and retention or the election of
   72  county court judges, whichever is applicable, by filing with the
   73  supervisor of elections a petition signed by the number of
   74  electors equal to at least ten percent of the votes cast in the
   75  county in the last preceding election in which presidential
   76  electors were chosen. The terms of circuit judges and judges of
   77  county courts shall be for six years.
   78         SECTION 11. Vacancies.—
   79         (a) Whenever a vacancy occurs in a judicial office to which
   80  election for retention applies, The governor shall fill each the
   81  vacancy on the supreme court or on a district court of appeal by
   82  appointing for a term ending on the first Tuesday after the
   83  first Monday in January of the year following the next general
   84  election occurring at least one year after the date of
   85  appointment, one of not fewer than three persons nor more than
   86  six persons nominated by the appropriate judicial nominating
   87  commission.
   88         (b) The governor shall fill each vacancy on a circuit court
   89  or on a county court, wherein the judges are elected by a
   90  majority vote of the electors, by appointing for a term ending
   91  on the first Tuesday after the first Monday in January of the
   92  year following the next primary and general election occurring
   93  at least one year after the date of appointment, one of not
   94  fewer than three persons nor more than six persons nominated by
   95  the appropriate judicial nominating commission. An election
   96  shall be held to fill that judicial office for the term of the
   97  office beginning at the end of the appointed term.
   98         (c) The nominations shall be made within thirty days from
   99  the occurrence of a vacancy unless the period is extended by the
  100  governor for a time not to exceed thirty days. The governor
  101  shall make the appointment within sixty days after the
  102  nominations have been certified to the governor.
  103         (d) There shall be a separate judicial nominating
  104  commission as provided by general law for the supreme court,
  105  each district court of appeal, and each judicial circuit for all
  106  trial courts within the circuit. Uniform rules of procedure
  107  shall be established by the judicial nominating commissions at
  108  each level of the court system. Such rules, or any part thereof,
  109  may be repealed by general law enacted by a majority vote of the
  110  membership of each house of the legislature, or by the supreme
  111  court, five justices concurring. Except for deliberations of the
  112  judicial nominating commissions, the proceedings of the
  113  commissions and their records shall be open to the public.