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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY JOINT RESOLUTION 49
March 6, 2012 - Offered by Representatives Hebl, Kessler, Barca, Pope-Roberts,
Young, E. Coggs, Roys, Bewley, Pasch, Mason, Pocan, Toles, C. Taylor,
Ringhand, Zamarripa, Hulsey, Seidel, Turner, Danou
and Molepske Jr.
AJR49-ASA1,1,2 1To create section 25 of article VII of the constitution; relating to: disqualification
2of a justice of the supreme court, court of appeals judge, and circuit court judge.
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2011 legislature on first
consideration, requires a justice of the supreme court, court of appeals judge, and
circuit court judge to disqualify himself or herself from any civil or criminal action
or proceeding when any of the following situations occurs:
1. When a reasonable person would question whether the justice or judge can
act in an impartial manner.
2. When a justice or judge has received, as a candidate for judicial office and
within the past four years, campaign financial support from a party to the action or
proceeding in an amount of $1,000 or more, including campaign contributions,
independent contributions made on behalf of the justice or judge, and independent
contributions made against the justice's or judge's opponent.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
AJR49-ASA1,1,3 3Resolved by the assembly, the senate concurring, That:
AJR49-ASA1, s. 1 4Section 1. Section 25 of article VII of the constitution is created to read:
AJR49-ASA1,2,3
1[Article VII] Section 25. A justice of the supreme court, court of appeals judge,
2and circuit court judge shall disqualify himself or herself from any civil or criminal
3action or proceeding when any of the following situations occurs:
AJR49-ASA1,2,54 (1) When a reasonable person would question whether the justice or judge can
5act in an impartial manner.
AJR49-ASA1,2,206 (2) When a justice or judge has received, as a candidate for judicial office and
7within the past 4 years, campaign financial support from a party to the action or
8proceeding in an amount of $1,000 or more, including campaign contributions,
9independent contributions made on behalf of the justice or judge, and independent
10contributions made against the justice's or judge's opponent. A justice or judge who
11is required to disqualify himself or herself under this subsection may disclose on the
12record the basis of the justice's or judge's disqualification and may ask the parties and
13their lawyers to consider, out of the presence of the justice or judge, whether to waive
14disqualification. If, following disclosure under this subsection, the party who is
15opposed to the party that provided campaign financial support to the justice or judge
16determines that the justice or judge should not be required to disqualify himself or
17herself and if the parties and the lawyers of the parties all agree, the parties may
18waive disqualification of the justice or judge and the justice or judge, if willing, may
19participate in the action or proceeding. The agreement or waiver shall be
20incorporated into the record of the action or proceeding.
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