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Res. No. 042-01-11190RESOLUTION NO.42-01-11190 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OFTHE CITY OFSOUTH MIAMI,FLORIDA,RELATING TO JUDGES;EXPRESSING DISAPPROVAL OF A BILL INTRODUCED IN THE YEAR 2001 FLORIDA LEGISLATIVE SESSION TO GIVE THE GOVERNOR THE SOLE POWER TO APPOINT THE MEMBERS OF THE JUDICIAL NOMINATING COMMISSIONS;PROVIDING AN EFFECTIVE DATE. WHEREAS,Judicial NominatingCommissions(JNCs)arechargedwith making recommendations tothe governor for the appointment of judgestothe circuitcourts,thedistrictcourts of appeal andthe Florida Supreme Court.Abill, HB367,introducedintheyear 2001 session of the Florida Legislaturechangesthe method of selection of members of theJNCs.Currently,thegovernorselectsthree members,the Florida Bar Board of Governors selects three members and those membersselectanadditionalthreemembers.HB367,if approved by the Florida Legislature,would vestinthegovernorthesolepowertoappointJNCmembers; and, WHEREAS,thecurrentsystem of appointmentstotheJNCsprovidesfor shared responsibility between thegovernorandtheFloridaBar Association. Appointments by theFloridaBar Association better assurethat JNC members are appointedbasedontheirprofessionalmerit,andvestinginthegovernorthesole powertomakeappointmentstotheJNCswould,atthe very minimum,appear to be based on political considerations;and, WHEREAS,maintaining respectforthe competency and integrity of the Florida judiciary is of paramountimportance,andchangingthe system tosecure recommendations for judicial appointmentsfrompolitical appointees will directly undermine public confidence inthejudiciary;and, WHEREAS,the Mayor and CityCommission desireto express its disapproval of HB367andanybill which would vest inthe governor thesole power to appoint members totheJNCs. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA; Additions shown by underlining and deletions shown by ovorotriking. Section 1.Expressitsstrong disapproval of HB367and any billwhich would vest inthe governor thesole power to appoint members tothe JNCs forthe reasons stated in the Whereas clauses above. Section 2.The City Clerk shall transmit copies of this resolution to the President of the Florida Senate,the Speaker of the Florida House,members of the Miami-Dade County legislative delegation,the Florida League of Cities and the Dade County League of Municipalities. Section 3.This resolution shalltake effect immediately upon approval. PASSED AND ADOPTED this 20th day of March,2001. ATTEST:APPROVED: CITY CLERK /7 MAYOR COMMISSION VOTE:4-0 READ AND APPROVED ASTO FORM:Mayor Robaina:Yea ^^^Vice Mayor Feliu:out of town ZiSSgg^g,/g>-fa?*?//'/^Commissioner Wiscombe:Yea CITY ATTORNEY ^^Commissioner Bethel:Yea Commissioner Russell:Yea Res.No.42-01-11190 Page2 of 2 session->Bills->Bill%20Info:H%200367->Session%202001:Online Sunshine Page 1 of2 ^Online -. Sunshine Bills Calendars Select Year:|2001 Welcome Journals ~3 fnmmittw^'lomMnin«•'n'orma,,'on Sralufes &LobbyistlommitteesLegislatorstenftjrConstitutioninformation Citator Search Appropriations Select Chamber:|House jj Go I O AGuideto the FormatofThisPage Jump To:Bill Text(l)Amendments(2)Staff Analysis(2)Vote History(O)Citations House 0367:Relating toJudicial Nominating Commissions H367 GENERAL BILL by Brummer (Similar S 1470,Compare H 0027) Judicial Nominating Commissions;specifies membership composition & requirements of judicial nominating commissions;provides limitations; provides for terms;abolishes prior offices;provides for suspension or removal;requires racial,ethnic,gender,&geographical diversity of commission memberships;provides severablility;repeals provision re said commissions.Creates 43.291;repeals 43.29.EFFECTIVE DATE: 07/01/2001. Prefiled Referred to Judicial Oversight (SGC);Council for Smarter Government On Committee agenda--Judicial Oversight (SGC),03/06/01, 2:15 pm,Reed Hall Introduced,referred to Judicial Oversight (SGC);Council for Smarter Government -HJ00035;On Committee agenda--Judicial Oversight (SGC),03/06/01,2:15pm,Reed Hall;Favorable with 2 amendment(s)by Judicial Oversight (SGC);YEAS 6 NAYS 4 -HJ 00137 Now in Council for Smarter Government -HJ 0013 7 On Council agenda--Council for Smarter Government,03/13/01, 1:30 pm,Morris Hall CS by-Council for Smarter Government;YEAS 8 NAYS 3 --Preliminary 02/07/01 HOUSE 02/15/01 HOUSE 03/02/01 HOUSE 03/06/01 HOUSE 03/07/01 HOUSE 03/09/01 HOUSE 03/13/01 HOUSE Bill Text:(Top) Bill Name H 0367 Amendments:(Top) H 0367: Amendment ID 423883 944021 Bill Analysis:(Top) Analysis ID h 0367 h 0367a Vote History:(Top) Date Posted 02/08/2001 Date Posted 03/06/2001 03/06/2001 Sponsor Judicial Oversight Judicial Oversight Available Formats Web Page >PDF Available Formats Web Page II PDF Web.Page PDF Available Formats 1 PDF 1 PDF http://www.leg.state.fl.us/Session/index.cfm?Mode=Bills&SubMenu=1&Tab=session&BI_M...3/19/01 session->Bills->Bill%20Info:H%200367->Session%202001:OnlineSunshine Page 2 of 2 No Vote History Available Citations:(Top) STATUTE CITATIONS :(Ioja) 0043.29 0043.291 CONSTITUTION CITATIONS: NO CONSTITUTION CITATIONS FOUNDFOR REQUESTED BILL Welcome •Session •Committees •Legislators •Information Center •Statutes and Constitution •Lobbyist Information Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes.Copyright ©2000-2001 State of Florida.Contact us. Privacy Statement http://www.leg.state.fl.us/Session/index.cfm?Mode=Bills&SubMenu=l&Tab=session&BI_M...3/19/01 STORAGE NAME:h0367a.jo.doc DATE:March 6,2001 HOUSE OF REPRESENTATIVES COMMITTEE ON JUDICIAL OVERSIGHT ANALYSIS BILL#:HB367 RELATING TO:Judicial Nominating Commissions SPONSOR(S):Representative Brummer TIED BILL(S):None ORIGINATING COMMITTEE(S)/COUNCIL(S)/COMMITTEE(S)OF REFERENCE: (1)JUDICIAL OVERSIGHTYEAS6 NAYS 4 (2)SMARTER GOVERNMENT (3) (4) (5) I.SUMMARY: HB 367 changes the method of selection of the members of the Judicial Nominating Commissions (JNCs).Under current law,the Governor selects three members,the Florida Bar Board of Governors selects three members,and those six members select three more members.Under this bill,the Governor selects all nine members.The Governor must make appointments to each JNC that include representatives for each of the circuitsordistricts that comprise the court forwhich the JNC will make nominations.The Governor is encouraged to seek to ensure that the Governor's appointments to the JNCs reflect the racial and ethnic diversity of the jurisdiction. This bill removes all current JNC members and permits the Governor to select replacements.Current JNC members are eligible for reappointment under the bill.Under the bill,terms of JNC members would coincide with the term of the Governor.Under current law,members serve four year terms. The bill takes effect on July 1,2001. The Committee on Judicial Oversight adopted two amendments that are traveling with the bill.The first amendment added members of the district court of appeal and circuit court judicial nominating commissions to the group defined as "state officers"for the purposes of financial disclosure.The second amendment prohibits four of the nine members of each judicial nominating commission from being attorneys or members oflegalfirm.The amendments are traveling with the bill. STORAGE NAME:h0367a.jo.doc DATE:March 6,2001 PAGE:2 II.SUBSTANTIVE ANALYSIS: A DOES THE BILL SUPPORT THE FOLLOWING PRINCIPLES: 1.Less Government 2.Lower Taxes 3.Individual Freedom 4.Personal Responsibility 5.Family Empowerment For any principle that received a"no"above,please explain: B.PRESENT SITUATION: In Florida,appellate judgeships are filled bya system ofnomination and appointment inwhich power isdivided between the Governor andconstitutionally created bodies called judicial nominating commissions (JNCs).See Art.V,s.11,Fla.Const.Although the Constitution creates JNCs,the number of members and composition of each JNC is provided forby statute.See Art.V, s.11(d),Fla.Const.When an appellate judgeship becomes vacant,candidates submit their applications to the JNC for that court.The commission sends alistof three tosix nominees to the Governor and the Governor fills the vacancy by selecting from that list.See Art.V,s.11(a),Fla. Const.Seats on the trial courts are determined by election but vacancies on the trial court bench that occur between elections are filledin the same manner as vacancies on the appellate bench. See Art.V,s.11(b),Fla.Const. ArticleV,Section 11(d)of the Florida Constitution provides that JNCs shall be created by general lawfor the supreme court,each district court of appeal,and each judicial circuit foralltrial courts within that circuit.Section 43.29,Florida Statutes,implements the constitutional provisions.Under the statute,each JNC consists of nine members.The Board of Governors of the Florida Bar appoints three members who must be lawyers practicing in the affected jurisdiction,e.g.appellate district orjudicial circuit.See s.43.29(1 )(a),F.S.The Governor appoints three members who must reside in the affected jurisdiction.See s.43.29(1)(b),F.S.Those six members,bymajorityvote, appoint three members who are not members of the Florida Bar and who reside in the affected jurisdiction.See s.43.29(1 )(c),F.S. Members ofaJNC serve four year terms and are noteligiblefor consecutive reappointment.See s. 43.29(3),F.S.No justice or judge may serve onaJNCbutaJNC member mayhold another public office.See 43.29(2),F.S.A JNC member isnoteligiblefor appointed to state judicialofficefor which that commission has authority to make nominations during the member's term on the commission orfortwo years after leaving the commission.See 43.29(2),F.S. The statute requires that one member appointed by the Governor,one member appointed by the Florida Bar,and one member appointed by the other members must be a member ofa racial or ethic minority group orbea woman.See ss.43.29(1)(a)-(c),F.S.In Mallorv v.Harkness.895 F.Supp.1556 (S.D.Fla.1995),the court issued a permanent injunction against enforcing this provision.The court found that the provision was a race and gender-based quota that violated equal protection.Mallorv.895 F.Supp.at 1564. YesQ NoD N/A [x] YesQ NoD N/A [x] YesQ NoD N/A[x] YesQ NoD N/A[x] YesD NoD N/A[x] STORAGE NAME:h0367a.jo.doc DATE:March 6,2001 PAGE:3 C.EFFECT OF PROPOSED CHANGES: The bill repeals the current lawregulatingthe selection and composition ofjudicialnominating commissions and replaces itwitha new method of selecting JNC members. Section 1 of the bill creates section 43.291,Florida Statutes.It declares that each JNC,established pursuant toArticleV,section 11 (d)of the Florida Constitution,shall consist ofnine members appointed by the Governor.Each member mustbea resident of the territorialjurisdiction served by that commission on which the member serves.Five of the JNC members must be members of the Florida Bar who are actively engaged in the practice oflaw.Four of the JNC members shall notbe members of the FloridaBar.The bill gives the power to appoint JNC members to the Governor and removes the Florida Bar and the other JNC members from the process. The bill requires that the Governor seek to ensure that the appointments reflect the racial,ethnic, and gender diversityof the populationof the court'sterritorialjurisdiction.There isno requirement that the JNC appointees be ofa particular race or gender as exists under current law.Discussing another statute,the Mallorv court said a requirement that the Governor "consider"diversity was not a quota.Mallorv,895 F.Supp.at1561.Similarly,this statute requires that the Governor attempt to appoint a diverse commission but does not impose a quota. The bill requires that when members are appointed toaparticularcircuit'sJNC,one member must be appointed from each county within the circuit.The member must reside in that county.This requirement can be met since nojudicialcircuit contains more than seven counties.For example, in the First Circuit JNC,one member must come from each of the following counties:Escambia, Santa Rosa,Okaloosa,and Walton.The remaining members may reside in any county within the circuit. Similarly,the bill requires that when members are appointed toa court of appeals JNC,one member must be appointed from each circuitwithin the appellate district.For example,on the First District Court of Appeals JNC,one member reside in each of the First,Second,Third,Fourth, Eighth,and Fourteenth Judicial Circuits.The remaining three members can reside in any judicial circuit in the district court's territorial jurisdiction. The bill requires that one member of the Supreme Court JNC must reside in each appellate district. The other four members of the Supreme Court JNC may reside anywhere in the state. The bill prohibits justices or judges from being members ofa JNC but permits other public office holders to serve on JNCs.Anyone who serves ona JNC isnoteligiblefor appointment as a justice or judge to the court forwhich that JNC makes nominations during the member's term orfortwo years thereafter.This provision is the same as current law. The bill provides that the terms of JNC members are concurrent with the term of the Governor.All terms end at midnighton the evening priorto the inauguration of the Govemor following the next general election.If a JNC member is unable to complete hisor her term,the Governor shall fill the seat by appointment. The bill removes all current members of JNCs fromofficebutpermits the Governor to reappoint those members. Section 2of the bill contains aseverability clause so that if one portionof the bill is declared unconstitutional,other portions are not struck down. STORAGE NAME:h0367a.jo.doc DATE:March 6,2001 PAGE:4 Section3ofthe bill repealssection43.29,Florida Statutes,thecurrent statute regulating the selection and composition ofjudicial nominating commissions. Section 4 provides an effective date ofJuly 1,2001. D.SECTION-BY-SECTION ANALYSIS: See Section II.e.Effectof Proposed Changes III.FISCAL ANALYSIS &ECONOMIC IMPACT STATEMENT: A FISCAL IMPACT ON STATE GOVERNMENT: 1.Revenues: N/A 2.Expenditures: N/A B.FISCAL IMPACT ON LOCAL GOVERNMENTS: 1.Revenues: N/A 2.Expenditures: N/A C.DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: N/A D.FISCAL COMMENTS: The bill does not change the total number of JNC members so it should have minimalfiscalimpact. IV.CONSEQUENCES OF ARTICLE VII.SECTION 18 OF THE FLORIDA CONSTITUTION: A APPLICABILITY OF THE MANDATES PROVISION: The bill does not require acityor county to spend funds,orto take any actionrequiring the expenditure of any funds. B.REDUCTION OF REVENUE RAISING AUTHORITY: The bill does not reduce the revenue raisingauthorityof any cityor county. C.REDUCTION OF STATE TAX SHARED WITH COUNTIES AND MUNICIPALITIES: The bill does not reduce the amount of state tax shared with any city or county. STORAGE NAME:h0367a.jo.doc DATE:March 6,2001 PAGE:5 V.COMMENTS: A CONSTITUTIONAL ISSUES: N/A B.RULE-MAKING AUTHORITY: N/A C.OTHER COMMENTS: The FloridaBarlists opposition tothis bill as one of its legislativepositions.(Source: www.flabar.org,downloaded February 21,2001) VI.AMENDMENTS OR COMMITTEE SUBSTITUTE CHANGES: The Committee onJudicial Oversight considered the bill onMarch 6,2001,and adopted two amendments.The first amendment added members of the district court of appeal and circuit court judicial nominating commissions tothegroupdefined as "state officers"forthe purposes of financial disclosure requiredby section 112.3145,Florida Statutes.The second amendment prohibitsfourofthe nine members of each judicial nominating commission from being attorneys or members ofalegalfirm. The amendments are traveling with the bill. VII.SIGNATURES: COMMITTEE ON JUDICIAL OVERSIGHT: Prepared by:Staff Director: L.Michael Billmeier Lynne Overton session->Bills:Online Sunshine Page 1 of 5 ^Online ^. bunshme We torn Committees Leaisletor !>***«*»»Stoiulei &LobbyistLoinmiiiBBiLegisioiurs_CenfBr Constitution Informotkation Bills Calendars Journals Citator Search Appropriations House Bill hb0367 CODING:Words stricken are deletions;words underlined are additions. Florida House of Representatives -2001 By Representative Brummer HB 367 10 11 12 13 14 A bill to be entitled Anact relating to judicial nominating commissions;creating s.43.291,F.S.; specifying membership composition and requirements of judicial nominating commissions;providing limitations;providing for terms;abolishing prior offices;providing for suspension or removal;requiring racial, ethnic,gender,and geographical diversity of commission memberships;providing severability; repealing s.43.29,F.S.,relating to judicial nominating commissions;providing an effective date. 15BeIt Enacted by the Legislature ofthe State of Florida: 16 17 Section 1.Section 43.291,Florida Statutes,is 18 created to read: 19 4 3.291 Judicialnominatingcommissions.-- 20 (1)Each judicial nominating commission established 21 pursuant s.ll(d),Art.Vof the State Constitutionshall 22 consist of nine members,appointed by the Governor,each of http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=l&FT=D&File=hbO...3/19/01 session->Bills:Online Sunshine Page2 of 5 23 whom shall be a resident of the territorial jurisdiction 24 served by the commission to which the member is appointed. 25 Five members shall be members in good standing of The Florida 26 Bar who are actively engaged in the practice of law and four 27 members shall not be members of The Florida Bar. 28 (2)(a)In making such appointments,the Governor shall 29 seek to ensure thatthemembers of the commissions reflect the 30 racial,ethnic,and gender diversity of the population within 31 1 CODING:Words otgiflton are deletions;words underlined are additions. Florida House of Representatives -2001 HB367 703-110G-01 1 the territorial jurisdiction of the court for which 2 nominations will be considered. 3 (b)In appointing members for judicial circuits of 4 thisstate,the Governorshall appoint atleastone 5 commissioner from each county within the judicial circuit and 6 suchcommissionershallreside within the county from which he 7 or she is appointed. 8 (c)In appointing members for court of appeals 9 districts of this state,the Governor shall appoint at least 10 one commissioner from each judicial circuit within the 1!district and such commissioner shall reside within the 12 judicialcircuitfromwhichheorsheisappointed. 13 (d)In appointing members for the Supreme Court 14 Judicial Nominating Commission,the Governor shall appoint at 15 least one commissioner from each court of appeals district http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=l&FT=D&File=hb0...3/19/01 session->Bills:Online Sunshine t ^^Page3of5 16 within the state and such commissioner shall reside within the 17 court of appeals district from which he or she is appointed. 18 (3)No justice or judge may bea member ofa judicial 19 nominating commission.A member ofa judicial nominating 20 commission may hold public office other than judicial office. 2!A member of a judicial nominating commission is not eligible 22 for appointment tothestatejudicial office forwhich the 23 commission has the authority to make nominations,either 24 during such term of membership orfora period of2 years 25 thereafter.All acts of a judicial nominating commission 26 shall be made with concurrence of a majority of its members. 27 (4)All members shall be appointed for a term to end 28 concurrent with the term to which the Governor was elected. 29 The terms pf_all members shall be concurrent,andthe terms 30 maycommenceat anytime followingtheinaugurationofthe 31 Govemor asa result ofa general election.Ifa member is 2 CODING:Words ctriofeen are deletions;words underlined are additions. Florida House of Representatives -2001 HB 367 703-110G-01 1 unable to complete his or her term,the Governorshall appoint 2 another individual,qualified under the same subsection of 3 this section as the member previously appointed,to fill the 4 remainder of the member's term.All terms shall end at 5 midnight on the evening prior to the next inauguration ofa 6 Governor following a general election.Forcause,a member of 7 a judicial nominating commission may be suspended by the 8 Governor pursuant to uniform rules of procedure established by http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=l&FT=D&File=hbO...3/19/01 session->Bills:Online Sunshine Page4 of 5 9 the ExecutiveOfficeofthe Governor consistent with s.7, 10 Art.IV of the State Constitution and thereafter removed by 11 the Senate. 12 (5)The office of any member of any judicial 13 nominating commission appointedpursuant tos.43.29 prior to 14 the effective date of this act is abolished upon the effective 15 date of this act and isreplaced by those offices created 16 pursuant to subsection (1).Any member ofa judicial 17 nominating commission who will not complete a 4-year term 18 because of enactment of this section may be reappointed by the 19 Governor. 20 Section 2.If any provision of this act or the 21 application thereof to any person or circumstance is held 22 invalid,the invalidity shall not affect other provisions or 23 applications of the act which can be given effect without the 24 invalid provision or application,and to this end the 25 provisions of this act are declared severable. 26 Section 3.Section 43.29,Florida Statutes,is 27 repealed. 28 Section 4.This act shall take effect July 1,2001. 29 30 31 3 CODING:Words ctricken are deletions;words underlined are additions. Florida House of Representatives -2001 HB 367 703-110G-01 ***************************************** http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=l&FT=D&File=hbO...3/19/01 session->Bills:OnlineSunshine Page5of5 2 HOUSE SUMMARY 3 Revises the judicial nominating commission member 4 appointment process.See bill fordetails. 5 6 7 8 9 10 11 Welcome •Session •Committees •Legislators •Information Center •Statutes and Constitution •Lobbyist Information Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes.Copyright ©2000-2001 State of Florida.Contact us. Privacy Statement http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=l&FT=D&File=hbO....3/19/01