LRB-0857/1
PJD:kmg:rs
2003 - 2004 LEGISLATURE
February 5, 2003 - Introduced by Representatives Hubler, J. Lehman, Miller,
Sherman, Ziegelbauer, Ott
and Wasserman, cosponsored by Senators
Schultz and Breske. Referred to Committee on Judiciary.
AJR16,1,3 1To amend section 9 of article VII and section 10 (1) of article VII of the constitution;
2relating to: senate confirmation of justices appointed by the governor (first
3consideration).
Analysis by the Legislative Reference Bureau
This proposed constitutional amendment, proposed to the 2003 legislature on
first consideration, provides that a vacancy in the office of justice of the supreme
court shall be filled by nomination and, with the advice and consent of the senate,
appointment by the governor, which shall continue until a successor is elected and
qualified. Presently, an appointment to a vacancy in the office of justice is not subject
to senate confirmation.
Presently, justices and judges may not hold any other office of public trust,
except a judicial office, during the term for which elected. This joint resolution
applies that prohibition also to a term for which appointed.
A proposed constitutional amendment requires adoption by 2 successive
legislatures, and ratification by the people, before it can become effective.
AJR16,1,4 4Resolved by the assembly, the senate concurring, That:
AJR16, s. 1 5Section 1. Section 9 of article VII of the constitution is amended to read:
AJR16,2,76 [Article VII] Section 9. When a vacancy occurs in the office of justice of the
7supreme court or judge of any court of record, the vacancy shall be filled by

1nomination and, with the advice and consent of the senate, appointment by the
2governor, which shall continue until a successor is elected and qualified. When a
3vacancy occurs in the office of judge of any court of record, the vacancy shall be filled
4by appointment by the governor, which shall continue until a successor is elected and
5qualified.
There shall be no election for a justice or judge at the partisan general
6election for state or county officers, nor within 30 days either before or after such
7election.
AJR16, s. 2 8Section 2. Section 10 (1) of article VII of the constitution is amended to read:
AJR16,2,13 9 [Article VII] Section 10 (1) No justice of the supreme court or judge of any court
10of record shall hold any other office of public trust, except a judicial office, during the
11term for which elected or appointed. No person shall be eligible to the office of judge
12who shall not, at the time of election or appointment, be a qualified elector within the
13jurisdiction for which chosen.
AJR16,2,16 14Be it further resolved, That this proposed amendment be referred to the
15legislature to be chosen at the next general election and that it be published for 3
16months previous to the time of holding such election.
AJR16,2,1717 (End)
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