2011 - 2012 LEGISLATURE
September 29, 2011 - Introduced by Senators Schultz, T. Cullen, Risser and
Jauch, cosponsored by Representatives
Bernard Schaber, Milroy, Hintz,
Kessler, Sinicki and
Pope-Roberts. Referred to Committee on Judiciary,
Utilities, Commerce, and Government Operations.
section 4 (1) of article VII, section 5 (2) of article VII, section 9 of article 2
VII and section 10 (1) of article VII; and to create
section 17 of article XIV of 3
the constitution; relating to: the appointment of supreme court justices and
4appeals court judges (first consideration).
Analysis by the Legislative Reference Bureau
The constitution provides for the election of justices of the supreme court for
ten-year terms, and the election of appeals court judges for six-year terms and
establishes a method of filling vacancies by appointment.
This constitutional amendment, proposed to the 2011 legislature on first
consideration, provides that the governor will appoint, with the advice and consent
of the senate, justices of the supreme court for ten-year terms, and appeals judges
to the court of appeals for six-year terms. For appointees to each court, the governor
will choose from lists of five recommendations created by a nonpartisan judicial
selection commission established by the legislature.
A proposed constitutional amendment requires adoption by two successive
legislatures, and ratification by the people, before it can become effective.
5Resolved by the senate, the assembly concurring, That:
SJR42, s. 1
Section 4 (1) of article VII of the constitution is amended to read:
[Article VII] Section 4 (1) The supreme court shall have 7 members who shall 2
be known as justices of the supreme court. Justices shall be elected The governor
3shall appoint justices, with the advice and consent of the senate,
for10-year terms 4
of office commencing with the August 1 next succeeding the election. Only one justice
5may be elected in any year. appointment. The governor shall select a nominee from
6a list of five candidates recommended by an independent judicial selection
7commission established by the legislature.
Any 4 justices shall constitute a quorum 8
for the conduct of the court's business.
SJR42, s. 2
Section 5 (2) of article VII of the constitution is amended to read:
[Article VII] Section 5 (2) For each district of the appeals court there shall be 11chosen by the qualified electors of the district
appointed by the governor, with the
12advice and consent of the senate,
one or more appeals judges as prescribed by law, 13
who shall sit as prescribed by law. The governor shall select a nominee from a list
14of five candidates recommended by an independent judicial selection commission
15established by the legislature.
Appeals judges shall be elected appointed
for 6-year 16
terms and shall reside in the district from for
which elected appointed
. No alteration 17
of district or circuit boundaries shall have the effect of removing an appeals judge 18
from office during the judge's term. In case of an increase in the number of appeals 19
judges, the first judge or judges shall be elected
for full terms unless the 20
legislature prescribes a shorter initial term for staggering of terms.
SJR42, s. 3
Section 9 of article VII of the constitution is amended to read:
[Article VII] Section 9. When a vacancy occurs in the office of justice of the
23supreme court or
judge of any court of record other than the court of appeals
, the 24
vacancy shall be filled by appointment by the governor, which shall continue until 25
a successor is elected and qualified. There shall be no election for a justice or
at the partisan general election for state or county officers, nor within 30 days either 2
before or after such election.
SJR42, s. 4
Section 10 (1) of article VII of the constitution is amended to read:
[Article VII] Section 10 (1) No justice of the supreme court or judge of any court 5
of record shall hold any other office of public trust, except a judicial office, during the 6
term for which elected or appointed
. No person shall be eligible to the office of judge 7
who shall not, at the time of election or appointment, be a qualified elector within the 8
jurisdiction for which chosen.
SJR42, s. 5
Section 17 of article XIV of the constitution is created to read:
[Article XIV] Section 17.
The terms of office of justices of the supreme court and 11
appeals judges elected or appointed before the ratification of this section expire at 12
the end of the term for which elected or appointed.
SJR42, s. 6
6. Numbering of new provisions.
If another constitutional 14
amendment ratified by the people creates the number of any provision created in this 15
joint resolution, the chief of the legislative reference bureau shall determine the 16
sequencing and the numbering of the provisions whose numbers conflict.
17Be it further resolved, That
this proposed amendment be referred to the 18
legislature to be chosen at the next general election and that it be published for three 19
months previous to the time of holding such election.