SRM:kjf:rs
2013 - 2014 LEGISLATURE
March 13, 2014 - Introduced by Senators T. Cullen, Schultz, Jauch, Risser and
Lehman, cosponsored by Representatives Bernard Schaber, Pope, Hintz,
Kessler, Wachs and Hulsey. Referred to Committee on Government
Operations, Public Works, and Telecommunications.
SJR86,1,3 1To amend section 4 (1) of article VII, section 9 of article VII and section 10 (1) of
2article VII; and to create section 17 of article XIV of the constitution; relating
3to:
the appointment of supreme court justices (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 establishes a method of filling vacancies by appointment.
This constitutional amendment, proposed to the 2013 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. For appointees, 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.
SJR86,1,4 4Resolved by the senate, the assembly concurring, That:
SJR86,1 5Section 1. Section 4 (1) of article VII of the constitution is amended to read:
SJR86,2,56 [Article VII] Section 4 (1) The supreme court shall have 7 members who shall
7be known as justices of the supreme court. Justices shall be elected The governor
8shall appoint justices, with the advice and consent of the senate,
for10-year terms

1of office commencing with the August 1 next succeeding the election. Only one justice
2may be elected in any year.
appointment. The governor shall select a nominee from
3a list of 5 candidates recommended by an independent judicial selection commission
4established by the legislature.
Any 4 justices shall constitute a quorum for the
5conduct of the court's business.
SJR86,2 6Section 2. Section 9 of article VII of the constitution is amended to read:
SJR86,2,127 [Article VII] Section 9. When a vacancy occurs in the office of justice of the
8supreme court or
judge of any court of record, the vacancy shall be filled by
9appointment by the governor, which shall continue until a successor is elected and
10qualified. There shall be no election for a justice or judge at the partisan general
11election for state or county officers, nor within 30 days either before or after such
12election.
SJR86,3 13Section 3. Section 10 (1) of article VII of the constitution is amended to read:
SJR86,2,1814 [Article VII] Section 10 (1) No justice of the supreme court or judge of any court
15of record shall hold any other office of public trust, except a judicial office, during the
16term for which elected or appointed. No person shall be eligible to the office of judge
17who shall not, at the time of election or appointment, be a qualified elector within the
18jurisdiction for which chosen.
SJR86,4 19Section 4. Section 17 of article XIV of the constitution is created to read:
SJR86,2,2220 [Article XIV] Section 17. The terms of office of justices of the supreme court
21elected or appointed before the ratification of this section expire at the end of the term
22for which elected or appointed.
SJR86,5 23Section 5. Numbering of new provisions. If another constitutional
24amendment ratified by the people creates the number of any provision created in this

1joint resolution, the chief of the legislative reference bureau shall determine the
2sequencing and the numbering of the provisions whose numbers conflict.
SJR86,3,5 3Be it further resolved, That this proposed amendment be referred to the
4legislature to be chosen at the next general election and that it be published for three
5months previous to the time of holding such election.
SJR86,3,66 (End)
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