Title: Judicial Retention Elections

Summary: Proposes amendment to s. 10, Art. V of State Constitution to increase percentage of votes necessary to retain justices & judges.

Full Text:
A joint resolution proposing an amendment to Section of Article Vof the State Constitution to increase the percentage of votes required to retain justices or judges in office. 7 Be It Resolved by the Legislature of the State of Florida: 9 That the following amendment to Section of Article Vof the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose: ARTICLE VJUDICIARY SECTION 10. Retention; election and terms.-(a) Any justice or judge may qualify for retention by a vote of the electors in the general election next preceding the expiration of the justice's or judge's term in the manner prescribed by law. If a justice or judge is ineligible or fails to qualify for retention, a vacancy shall exist in that office upon the expiration of the term being served by the justice or judge. When a justice or judge so qualifies, the ballot shall read substantially as follows: "Shall Justice (or Judge)...(name of justice or judge)... of the...(name of the court)... be retained in office?" If at least sixty percent a majority of the qualified electors voting within the territorial jurisdiction of the court vote to retain, the justice or judge shall be retained for a term of six years. The term of the justice or judge retained shall commence on the first Tuesday after the first Monday in January following the general election. If more than forty percent a majority of the qualified electors voting within the territorial jurisdiction of the court vote to not retain, a vacancy shall exist in that office upon the expiration of the term being served by the justice or judge. (b)(1) The election of circuit judges shall be preserved notwithstanding the provisions of subsection (a) unless a majority of those voting in the jurisdiction of that circuit approves a local option to select circuit judges by merit selection and retention rather than by election. The election of circuit judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. (2) The election of county court judges shall be preserved notwithstanding the provisions of subsection (a) unless a majority of those voting in the jurisdiction of that county approves a local option to select county judges by merit selection and retention rather than by election. The election of county court judges shall be by a vote of the qualified electors within the territorial jurisdiction of the court. (3)a. A vote to exercise a local option to select circuit court judges and county court judges by merit selection and retention rather than by election shall be held in each circuit and county at the general election in the year 2000. If a vote to exercise this local option fails in a vote of the electors, such option shall not again be put to a vote of the electors of that jurisdiction until the expiration of at least two years. b. After the year 2000, a circuit may initiate the local option for merit selection and retention or the election of circuit judges, whichever is applicable, by filing with the custodian of state records a petition signed by the number of electors equal to at least ten percent of the votes cast in the circuit in the last preceding election in which presidential electors were chosen. c. After the year 2000, a county may initiate the local option for merit selection and retention or the election of county court judges, whichever is applicable, by filing with the supervisor of elections a petition signed by the number of electors equal to at least ten percent of the votes cast in the county in the last preceding election in which presidential electors were chosen. The terms of circuit judges and judges of county courts shall be for six years. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE V, SECTION 76 INCREASING THE PERCENTAGE OF VOTES NECESSARY TO RETAIN JUSTICES AND JUDGES IN OFFICE.-This amendment to the State Constitution increases the percentage of votes necessary to retain justices and judges in office. Currently when a justice or judge qualifies to serve an additional term in office, his or her name appears on the ballot for a retention election. If a majority of the electors participating in the election cast votes in favor of retention, the justice or judge continues in office for another 6-year term. However, if a majority of the electors do not vote to retain the justice or judge, he or she leaves office at the end of the current term. This amendment increases the necessary level of voter approval from a majority of the votes to percent of the votes for a justice or judge to be retained for another term. This provision will apply to all state court appellate justices and judges. However, it will only apply to trial court judges in a judicial circuit or county if the circuit or county has approved merit selection and retention for those offices. Otherwise, this proposed amendment will not affect circuit court judges or county court judges in a circuit.