CRC - 2017                                           CS for P 47
       
       
        
       By the Committee on Executive; and Commissioners Schifino and
       Coxe
       
       310-00194-17                                            201747c1
    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 a bar
    5         in the United States of America, the preceding five of
    6         which must be in The Florida Bar, in order to be
    7         eligible to serve in the office of circuit or county
    8         judge.
    9  
   10          
   11  Be It Proposed by the Constitution Revision Commission of
   12  Florida:
   13  
   14         Section 8 of Article V of the State Constitution is amended
   15  to read:
   16                              ARTICLE V                            
   17                              JUDICIARY                            
   18         SECTION 8. Eligibility.—No person shall be eligible for
   19  office of justice or judge of any court unless the person is an
   20  elector of the state and resides in the territorial jurisdiction
   21  of the court. No justice or judge shall serve after attaining
   22  the age of seventy years except upon temporary assignment or to
   23  complete a term, one-half of which has been served. No person is
   24  eligible for the office of justice of the supreme court or judge
   25  of a district court of appeal unless the person is, and has been
   26  for the preceding ten years, a member of the bar of Florida. No
   27  person is eligible for the office of circuit judge unless the
   28  person is, and has been for the preceding five years, a member
   29  of the bar of Florida. No person is eligible for the office of
   30  circuit judge unless the person is, and has been for the
   31  preceding ten years, a member of a bar of one of the states or
   32  territories of the United States of America. Unless otherwise
   33  provided by general law, No person is eligible for the office of
   34  county court judge unless the person is, and has been for the
   35  preceding five years, a member of the bar of Florida. No person
   36  is eligible for the office of county court judge unless the
   37  person is, and has been for the preceding ten years, a member of
   38  a bar of one of the states or territories of the United States
   39  of America. Notwithstanding the foregoing, unless otherwise
   40  provided by general law, a person shall be eligible for election
   41  or appointment to the office of county court judge in a county
   42  having a population of 40,000 or less if the person is a member
   43  in good standing of the bar of Florida.
   44  
   45         A new section is added to Article XII of the State
   46  Constitution to read:
   47                             ARTICLE XII                           
   48                              SCHEDULE                             
   49         Qualifications of circuit judges and county court judges.—
   50  The amendment to Section 8 of Article V, which revises the
   51  qualifications for a person to be eligible for the office of
   52  circuit judge and county court judge, shall only apply
   53  prospectively from January 8, 2019. The amendment may not be
   54  construed to affect a person who has assumed the office of
   55  circuit judge or county court judge on or before January 8,
   56  2019, or any person who has been nominated for a vacancy in the
   57  office of circuit judge or county court judge by a judicial
   58  nominating commission, but has not yet assumed office, as of
   59  January 8, 2019.