Show For Against r Q Q Official Ballot Title: Shall Article VIII of the State Constitution be repealed and reenacted and Article XXI Sections and 2 be amended to provide a Judicial Article which: establishes the authority and jurisdiction of the Supreme Court and District Courts allows the Legislature to establish other courts as necessary including nonrecord courts with nonlawyer judges establishes a Judicial Council for administration of the courts establishes the qualifications and selection process for judges establishes a Judicial Conduct Commission to review complaints against judges establishes elected public prosecutors organizes and clarifies other sections and provides an effective date of Proposition No 3 JUDICIAL ARTICLE REVISION Vote cast HOl'SE by SENATE the members of the I9S4 Legislatiiie members): Yeas (29 members): Yeas (75 Nays 24 Nays i 9 Absent 5 Absent on final July oi not voting IMPARTIAL Judicial I I ANALYSIS The method of selecting the chief justice of the supreme court would also be changed by the revision The constitution piesently states that the chief just ice is that justice with the least time remaining in his term The revision would allow for a new selection process to be established by statute Proposal The provisions of the proposed divided into four general categories: 1985 passage not vot my Article can he Court Organization and Administration — The revision would constitutionally establish only the supreme court and the district court All other courts including the currently established juvenile court circuit court and just ice of the peace courts would However the revision exist by statute not by the constitution does include a requirement of having a court fill the role now performed by the justice of the peace courts by requiring courts not of record to be established by statute The revision also establishes that the qualifications for judges of courts not of record may not include being admitted to practice law in the state This maintains the lay court system now administered by the justice of the peace courts 2 Jurisdiction and Appeals — The revision establishes appellate jurisdiction in the supreme court and general trial in the district court The revision allows the jurisdiction legislature to establish he jurisdiction of ot her courts This would provide flexibility to addiess the supreme court’s increasing wmk load Though it would not mandate any one solution it would allow for various options In addition the proposal would eliminate restrictions on the jurisdiction of the justice of the peace courts Currently the constitution limits justice of the peace courts to matters with fines of up to $299 Under the constitution the legislature may establish othei courts in the state as necessary The revision also establishes a judicial council to sit as the administrative body of the judicial system The council would have representatives from all court levels and be headed by the chief justice of the supieme court There is presently a judicial council in operation However it is established by statute and has in the past only served part of the state’s courts 9 Judicial Personnel Issues — The revision focuses primarily on judicial selection and judicial discipline questions The constitution presently allows the legislature to determine by statute the method of selectingjudges However the constitution prohibits the partisan selection of judges The supreme court in two recent cases has ruled that the legislature's involvement in the selection process is limited This is especially true where judges are required to stand fm contested elections Court rulings U |