Bill Text: FL S0186 | 2010 | Regular Session | Introduced

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Bill Title: Judicial Nominating Commissions [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S0186 Detail]

Download: Florida-2010-S0186-Introduced.html

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Florida Senate - 2010                                     SB 186 
 
By Senator Joyner 
18-00041A-10                                           2010186__ 
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 
6         that each judicial nominating commission satisfy 
7         certain prerequisites for racial and gender diversity; 
8         providing for the prerequisites to be satisfied over a 
9         period of time; providing an effective date. 
10 
11  Be It Enacted by the Legislature of the State of Florida: 
12 
13         Section 1. Section 43.291, Florida Statutes, is amended to 
14  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         (2) A justice or judge may not be a member of a judicial 
48  nominating commission. A member of a judicial nominating 
49  commission may hold public office other than judicial office. A 
50  member of a judicial nominating commission is not eligible for 
51  appointment, during his or her term of office and for a period 
52  of 2 years thereafter, to any state judicial office for which 
53  that commission has the authority to make nominations. All acts 
54  of a judicial nominating commission must be made with a 
55  concurrence of a majority of its members. 
56         (3) Notwithstanding any other provision of this section, 
57  each current member of a judicial nominating commission 
58  appointed directly by the Board of Governors of The Florida Bar 
59  shall serve the remainder of his or her term, unless removed for 
60  cause. The terms of all other members of a judicial nominating 
61  commission are hereby terminated, and the Governor shall appoint 
62  new members to each judicial nominating commission in the 
63  following manner: 
64         (a) Two appointments for terms ending July 1, 2002, one of 
65  which shall be an appointment selected from nominations 
66  submitted by the Board of Governors of The Florida Bar pursuant 
67  to paragraph (1)(a); 
68         (b) Two appointments for terms ending July 1, 2003; and 
69         (c) Two appointments for terms ending July 1, 2004. 
70 
71  Every subsequent appointment, except an appointment to fill a 
72  vacant, unexpired term, shall be for 4 years. Each expired term 
73  or vacancy shall be filled by appointment in the same manner as 
74  the member whose position is being filled. 
75         (4) In making an appointment, the Governor shall seek to 
76  ensure that, to the extent possible, the membership of the 
77  commission reflects the racial, ethnic, and gender diversity, as 
78  well as the geographic distribution, of the population within 
79  the territorial jurisdiction of the court for which nominations 
80  will be considered. The Governor shall also consider the 
81  adequacy of representation of each county within the judicial 
82  circuit. 
83         (5) A member of a judicial nominating commission may be 
84  suspended for cause by the Governor pursuant to uniform rules of 
85  procedure established by the Executive Office of the Governor 
86  consistent with s. 7 of Art. IV of the State Constitution. 
87         (6) A quorum of the judicial nominating commission is 
88  necessary to take any action or transact any business. For 
89  purposes of this section, a quorum consists of a majority of 
90  commission members currently appointed. 
91         (7) The Executive Office of the Governor shall provide all 
92  administrative support for each judicial nominating commission. 
93  The Executive Office of the Governor shall adopt rules necessary 
94  to administer this section. 
95         Section 2. If, on July 1, 2010, the composition of a 
96  judicial nominating commission does not comply with s. 
97  43.291(1), Florida Statutes, at least every other appointment to 
98  that commission must be a member of a racial or ethnic minority 
99  group or a woman until the diversity requirements of s. 
100  43.291(1), Florida Statutes, are satisfied. 
101         Section 3. This act shall take effect July 1, 2010.