May 26, 2019
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       Florida Senate - 2010                                     SB 186
       
       
       
       By Senator Joyner
       
       
       
       
       18-00041A-10                                           2010186__
    1                        A bill to be entitled                      
    2         An act relating to judicial nominating commissions;
    3         amending s. 43.291, F.S.; authorizing the Board of
    4         Governors of The Florida Bar to appoint some of the
    5         members of Judicial Nominating Commissions; requiring
    6         that each judicial nominating commission satisfy
    7         certain prerequisites for racial and gender diversity;
    8         providing for the prerequisites to be satisfied over a
    9         period of time; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 43.291, Florida Statutes, is amended to
   14  read:
   15         43.291 Judicial nominating commissions.—
   16         (1) Each judicial nominating commission shall be composed
   17  of the following members:
   18         (a) Three Four members, at least one of whom must be a
   19  member of a racial or ethnic minority group or a woman,
   20  appointed by the Board of Governors of The Florida Bar from
   21  among The Florida Bar members, appointed by the Governor, who
   22  are actively engaged in the practice of law with offices within,
   23  each of whom is a resident of the territorial jurisdiction of
   24  the affected court, or in the district or circuit; served by the
   25  commission to which the member is appointed. The Board of
   26  Governors of The Florida Bar shall submit to the Governor three
   27  recommended nominees for each position. The Governor shall
   28  select the appointee from the list of nominees recommended for
   29  that position, but the Governor may reject all of the nominees
   30  recommended for a position and request that the Board of
   31  Governors submit a new list of three different recommended
   32  nominees for that position who have not been previously
   33  recommended by the Board of Governors.
   34         (b) Three electors, at least one of whom must be a member
   35  of a racial or ethnic minority group or a woman, who reside in
   36  the territorial jurisdiction of the court or in the circuit,
   37  appointed by the Governor; and Five members appointed by the
   38  Governor, each of whom is a resident of the territorial
   39  jurisdiction served by the commission to which the member is
   40  appointed, of which at least two are members of The Florida Bar
   41  engaged in the practice of law.
   42         (c) Three electors, at least one of whom must be a member
   43  of a racial or ethnic minority group or a woman, who reside in
   44  the territorial jurisdiction of the court or in the circuit and
   45  who are not members of The Florida Bar, selected and appointed
   46  by a majority vote of the other six members of the commission.
   47         (2) A justice or judge may not be a member of a judicial
   48  nominating commission. A member of a judicial nominating
   49  commission may hold public office other than judicial office. A
   50  member of a judicial nominating commission is not eligible for
   51  appointment, during his or her term of office and for a period
   52  of 2 years thereafter, to any state judicial office for which
   53  that commission has the authority to make nominations. All acts
   54  of a judicial nominating commission must be made with a
   55  concurrence of a majority of its members.
   56         (3) Notwithstanding any other provision of this section,
   57  each current member of a judicial nominating commission
   58  appointed directly by the Board of Governors of The Florida Bar
   59  shall serve the remainder of his or her term, unless removed for
   60  cause. The terms of all other members of a judicial nominating
   61  commission are hereby terminated, and the Governor shall appoint
   62  new members to each judicial nominating commission in the
   63  following manner:
   64         (a) Two appointments for terms ending July 1, 2002, one of
   65  which shall be an appointment selected from nominations
   66  submitted by the Board of Governors of The Florida Bar pursuant
   67  to paragraph (1)(a);
   68         (b) Two appointments for terms ending July 1, 2003; and
   69         (c) Two appointments for terms ending July 1, 2004.
   70  
   71  Every subsequent appointment, except an appointment to fill a
   72  vacant, unexpired term, shall be for 4 years. Each expired term
   73  or vacancy shall be filled by appointment in the same manner as
   74  the member whose position is being filled.
   75         (4) In making an appointment, the Governor shall seek to
   76  ensure that, to the extent possible, the membership of the
   77  commission reflects the racial, ethnic, and gender diversity, as
   78  well as the geographic distribution, of the population within
   79  the territorial jurisdiction of the court for which nominations
   80  will be considered. The Governor shall also consider the
   81  adequacy of representation of each county within the judicial
   82  circuit.
   83         (5) A member of a judicial nominating commission may be
   84  suspended for cause by the Governor pursuant to uniform rules of
   85  procedure established by the Executive Office of the Governor
   86  consistent with s. 7 of Art. IV of the State Constitution.
   87         (6) A quorum of the judicial nominating commission is
   88  necessary to take any action or transact any business. For
   89  purposes of this section, a quorum consists of a majority of
   90  commission members currently appointed.
   91         (7) The Executive Office of the Governor shall provide all
   92  administrative support for each judicial nominating commission.
   93  The Executive Office of the Governor shall adopt rules necessary
   94  to administer this section.
   95         Section 2. If, on July 1, 2010, the composition of a
   96  judicial nominating commission does not comply with s.
   97  43.291(1), Florida Statutes, at least every other appointment to
   98  that commission must be a member of a racial or ethnic minority
   99  group or a woman until the diversity requirements of s.
  100  43.291(1), Florida Statutes, are satisfied.
  101         Section 3. This act shall take effect July 1, 2010.

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