CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 102
       
       
       
       
       
       
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       The Committee on Judicial (Timmann) recommended the following:
       
    1         CRC Amendment 
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5                              ARTICLE V                            
    6                              JUDICIAL                             
    7         SECTION 4. District courts of appeal.—
    8         (a) ORGANIZATION.—There shall be a district court of appeal
    9  serving each appellate district. Each district court of appeal
   10  shall consist of at least six three judges. As defined by
   11  general law, each district court of appeal must have
   12  representation from each judicial circuit in the court's
   13  territorial jurisdiction, based on the residence of each judge
   14  for the twelve month period prior to their initial appointment
   15  to the district court of appeal. Three judges shall consider
   16  each case and the concurrence of two shall be necessary to a
   17  decision.
   18         (b) JURISDICTION.—
   19         (1) District courts of appeal shall have jurisdiction to
   20  hear appeals, that may be taken as a matter of right, from final
   21  judgments or orders of trial courts, including those entered on
   22  review of administrative action, not directly appealable to the
   23  supreme court or a circuit court. They may review interlocutory
   24  orders in such cases to the extent provided by rules adopted by
   25  the supreme court.
   26         (2) District courts of appeal shall have the power of
   27  direct review of administrative action, as prescribed by general
   28  law.
   29         (3) A district court of appeal or any judge thereof may
   30  issue writs of habeas corpus returnable before the court or any
   31  judge thereof or before any circuit judge within the territorial
   32  jurisdiction of the court. A district court of appeal may issue
   33  writs of mandamus, certiorari, prohibition, quo warranto, and
   34  other writs necessary to the complete exercise of its
   35  jurisdiction. To the extent necessary to dispose of all issues
   36  in a cause properly before it, a district court of appeal may
   37  exercise any of the appellate jurisdiction of the circuit
   38  courts.
   39         (c) CLERKS AND MARSHALS.—Each district court of appeal
   40  shall appoint a clerk and a marshal who shall hold office during
   41  the pleasure of the court and perform such duties as the court
   42  directs. Their compensation shall be fixed by general law. The
   43  marshal shall have the power to execute the process of the court
   44  throughout the territorial jurisdiction of the court, and in any
   45  county may deputize the sheriff or a deputy sheriff for such
   46  purpose.
   47         SECTION 11. Vacancies.—
   48         (a) Whenever a vacancy occurs in a judicial office to which
   49  election for retention applies, the governor shall fill the
   50  vacancy by appointing for a term ending on the first Tuesday
   51  after the first Monday in January of the year following the next
   52  general election occurring at least one year after the date of
   53  appointment, one of not fewer than three persons nor more than
   54  six persons nominated by the appropriate judicial nominating
   55  commission.
   56         (b) The governor shall fill each vacancy on a circuit court
   57  or on a county court, wherein the judges are elected by a
   58  majority vote of the electors, by appointing for a term ending
   59  on the first Tuesday after the first Monday in January of the
   60  year following the next primary and general election occurring
   61  at least one year after the date of appointment, one of not
   62  fewer than three persons nor more than six persons nominated by
   63  the appropriate judicial nominating commission. An election
   64  shall be held to fill that judicial office for the term of the
   65  office beginning at the end of the appointed term.
   66         (c) The nominations shall be made within thirty days from
   67  the occurrence of a vacancy unless the period is extended by the
   68  governor for a time not to exceed thirty days. The governor
   69  shall make the appointment within sixty days after the
   70  nominations have been certified to the governor.
   71         (d) There shall be a separate judicial nominating
   72  commission as provided by general law for the supreme court,
   73  each district court of appeal, and each judicial circuit for all
   74  trial courts within the circuit. The judicial nominating
   75  commission for each district court of appeal must have at least
   76  one member from each judicial circuit in the court's territorial
   77  jurisdiction. Uniform rules of procedure shall be established by
   78  the judicial nominating commissions at each level of the court
   79  system. Such rules, or any part thereof, may be repealed by
   80  general law enacted by a majority vote of the membership of each
   81  house of the legislature, or by the supreme court, five justices
   82  concurring. Except for deliberations of the judicial nominating
   83  commissions, the proceedings of the commissions and their
   84  records shall be open to the public.
   85  
   86         A new section is added to Article XII of the State
   87  Constitution to read:
   88                             ARTICLE XII                           
   89                              SCHEDULE                             
   90         District courts of appeal. The Amendments to Sections 4 and
   91  11 of Article V, relating to the district courts of appeal and
   92  the judicial nominating commissions thereof, shall take effect
   93  on January 1, 2019. However, no judge or judicial nominating
   94  commission member shall be displaced by the amendments, but all
   95  future vacancies shall be filled in accordance with these
   96  provisions.
   97