CRC - 2017 P 102 By Commissioner Heuchan heuchanb-00098A-17 2017102__ 1 A proposal to amend 2 Sections 4 and 11 of Article V and to create a new 3 section in Article XII of the State Constitution to 4 revise the minimum amount of judges for each district 5 court of appeal, to require that each district court 6 of appeal have at least one judge from each judicial 7 circuit in the court’s territorial jurisdiction, and 8 to require that each judicial nominating commission of 9 a district court of appeal have at least one member 10 from each judicial circuit in the court’s territorial 11 jurisdiction. 12 13 Be It Proposed by the Constitution Revision Commission of 14 Florida: 15 16 Sections 4 and 11 of Article V of the State Constitution 17 are amended to read: 18 ARTICLE V 19 JUDICIARY 20 SECTION 4. District courts of appeal.— 21 (a) ORGANIZATION.—There shall be a district court of appeal 22 serving each appellate district. Each district court of appeal 23 shall consist of at least six
threejudges. Each district court 24 of appeal must have at least one judge from each judicial 25 circuit in the court’s territorial jurisdiction. Three judges 26 shall consider each case and the concurrence of two shall be 27 necessary to a decision. 28 (b) JURISDICTION.— 29 (1) District courts of appeal shall have jurisdiction to 30 hear appeals, that may be taken as a matter of right, from final 31 judgments or orders of trial courts, including those entered on 32 review of administrative action, not directly appealable to the 33 supreme court or a circuit court. They may review interlocutory 34 orders in such cases to the extent provided by rules adopted by 35 the supreme court. 36 (2) District courts of appeal shall have the power of 37 direct review of administrative action, as prescribed by general 38 law. 39 (3) A district court of appeal or any judge thereof may 40 issue writs of habeas corpus returnable before the court or any 41 judge thereof or before any circuit judge within the territorial 42 jurisdiction of the court. A district court of appeal may issue 43 writs of mandamus, certiorari, prohibition, quo warranto, and 44 other writs necessary to the complete exercise of its 45 jurisdiction. To the extent necessary to dispose of all issues 46 in a cause properly before it, a district court of appeal may 47 exercise any of the appellate jurisdiction of the circuit 48 courts. 49 (c) CLERKS AND MARSHALS.—Each district court of appeal 50 shall appoint a clerk and a marshal who shall hold office during 51 the pleasure of the court and perform such duties as the court 52 directs. Their compensation shall be fixed by general law. The 53 marshal shall have the power to execute the process of the court 54 throughout the territorial jurisdiction of the court, and in any 55 county may deputize the sheriff or a deputy sheriff for such 56 purpose. 57 SECTION 11. Vacancies.— 58 (a) Whenever a vacancy occurs in a judicial office to which 59 election for retention applies, the governor shall fill the 60 vacancy by appointing for a term ending on the first Tuesday 61 after the first Monday in January of the year following the next 62 general election occurring at least one year after the date of 63 appointment, one of not fewer than three persons nor more than 64 six persons nominated by the appropriate judicial nominating 65 commission. 66 (b) The governor shall fill each vacancy on a circuit court 67 or on a county court, wherein the judges are elected by a 68 majority vote of the electors, by appointing for a term ending 69 on the first Tuesday after the first Monday in January of the 70 year following the next primary and general election occurring 71 at least one year after the date of appointment, one of not 72 fewer than three persons nor more than six persons nominated by 73 the appropriate judicial nominating commission. An election 74 shall be held to fill that judicial office for the term of the 75 office beginning at the end of the appointed term. 76 (c) The nominations shall be made within thirty days from 77 the occurrence of a vacancy unless the period is extended by the 78 governor for a time not to exceed thirty days. The governor 79 shall make the appointment within sixty days after the 80 nominations have been certified to the governor. 81 (d) There shall be a separate judicial nominating 82 commission as provided by general law for the supreme court, 83 each district court of appeal, and each judicial circuit for all 84 trial courts within the circuit. The judicial nominating 85 commission for each district court of appeal must have at least 86 one member from each judicial circuit in the court’s territorial 87 jurisdiction. Uniform rules of procedure shall be established by 88 the judicial nominating commissions at each level of the court 89 system. Such rules, or any part thereof, may be repealed by 90 general law enacted by a majority vote of the membership of each 91 house of the legislature, or by the supreme court, five justices 92 concurring. Except for deliberations of the judicial nominating 93 commissions, the proceedings of the commissions and their 94 records shall be open to the public. 95 96 A new section is added to Article XII of the State 97 Constitution to read: 98 ARTICLE XII 99 SCHEDULE 100 District courts of appeal.—The amendments to Sections 4 and 101 11 of Article V, relating to the district courts of appeal and 102 the judicial nominating commissions thereof, shall take effect 103 January 1, 2020.