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Florida Constitution Revision Commission

PUB 700665: Provide Special Judicial Review of Credible Claims of Actual Innocence, Potentially Wrongful Convictions, and Unjust Incarceration. by Shannon o Helton

ARTICLE V: JUDICIARY, Section 2. Administration; practice and procedure.

SECTION 2.Administration; practice and procedure.
  1. The supreme court shall adopt rules for the practice and procedure in all courts including the time for seeking appellate review, the administrative supervision of all courts, the transfer to the court having jurisdiction of any proceeding when the jurisdiction of another court has been improvidently invoked, and a requirement that no cause shall be dismissed because an improper remedy has been sought. The suppreme court shall adopt rules to allow innocence projects, law schools, non-profit groups, and attorneys to carefully screen and thereafter submit credible claims of actual innocence, potentially wrongful convictions, and unjust incarceration to a special judicial panel of three circuit judges with the power, notwithstanding any other law, to vacate or reduce any person's conviction and/or sentence at anytime if at least two of the judges find that a preponderance of the evidence presented to the panel has underminds confidence in the outcome of the person's trial and/or sentence or otherwise proves that he or she is actually innocent, was wrongfully convicted, or is unjustly incarcerated. The supreme court shall adopt rules to allow the court and the district courts of appeal to submit questions relating to military law to the federal Court of Appeals for the Armed Forces for an advisory opinion. Rules of court may be repealed by general law enacted by two-thirds vote of the membership of each house of the legislature.
  2. The chief justice of the supreme court shall be chosen by a majority of the members of the court; shall be the chief administrative officer of the judicial system; and shall have the power to assign justices or judges, including consenting retired justices or judges, to temporary duty in any court for which the judge is qualified and to delegate to a chief judge of a judicial circuit the power to assign judges for duty in that circuit.
  3. A chief judge for each district court of appeal shall be chosen by a majority of the judges thereof or, if there is no majority, by the chief justice. The chief judge shall be responsible for the administrative supervision of the court.
  4. A chief judge in each circuit shall be chosen from among the circuit judges as provided by supreme court rule. The chief judge shall be responsible for the administrative supervision of the circuit courts and county courts in his circuit.