CRC - 2017 COMMITTEE AMENDMENT Proposal No. P 102 Ì712228&Î712228 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 sixthreejudges. 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