CRC - 2017 P 47
By Commissioner Schifino
schifinow-00063A-17 201747__
1 A proposal to amend
2 Section 8 of Article V and to create a new section in
3 Article XII of the State Constitution to require a
4 person to have at least ten years membership in The
5 Florida Bar in order to be eligible to serve in a
6 judicial office.
7
8 Be It Proposed by the Constitution Revision Commission of
9 Florida:
10
11 Section 8 of Article V of the State Constitution is amended
12 to read:
13 ARTICLE V
14 JUDICIARY
15 SECTION 8. Eligibility.—No person shall be eligible for
16 office of justice or judge of any court unless the person is an
17 elector of the state and resides in the territorial jurisdiction
18 of the court. No justice or judge shall serve after attaining
19 the age of seventy years except upon temporary assignment or to
20 complete a term, one-half of which has been served. No person is
21 eligible for the office of justice or judge of any court of the
22 supreme court or judge of a district court of appeal unless the
23 person is, and has been for the preceding ten years, a member of
24 the bar of Florida. No person is eligible for the office of
25 circuit judge unless the person is, and has been for the
26 preceding five years, a member of the bar of Florida. Unless
27 otherwise provided by general law, no person is eligible for the
28 office of county court judge unless the person is, and has been
29 for the preceding five years, a member of the bar of Florida.
30 Unless otherwise provided by general law, a person shall be
31 eligible for election or appointment to the office of county
32 court judge in a county having a population of 40,000 or less if
33 the person is a member in good standing of the bar of Florida.
34
35 A new section is added to Article XII of the State
36 Constitution to read:
37 ARTICLE XII
38 SCHEDULE
39 Qualifications of circuit judges and county court judges.
40 The amendment to Section 8 of Article V, which revises the
41 qualifications for a person to be eligible for the office of
42 circuit judge and county court judge, shall only apply
43 prospectively from January 8, 2019. The amendment may not be
44 construed to affect a person who has assumed the office of
45 circuit judge or county court judge on or before January 8,
46 2019, or any person who has been nominated for a vacancy in the
47 office of circuit judge or county court judge by a judicial
48 nominating commission, but has not yet assumed office, as of
49 January 8, 2019.