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Show Against O Q " I 1 Official Ballot Title: Shall Article VIII of the State Constitution be repealed and reenacted and Article XXI, Sections 1 and 2, be amended to provide a Judicial Article which: establishes the authority and jurisdiction of the Supreme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 July 1, 1985. Proposition No. 3 JUDICIAL ARTICLE REVISION Vote cast by the members of the 1984 Legislature on final passage: HOUSE (75 members): Yeas, 68; Nays, 3; Absent or not voting, 4. SENATE (29 members): Yeas, 23; Nays, 5; Absent or not voting, 1. . i i IMPARTIAL ANALYSIS Proposal The provisions of the proposed Judicial Article can be divided into four general categories: 1. The revision Court Organization and Administration would constitutionally establish only the supreme court and the district court. All other courts including the currently established juvenile court, circuit court and justice of the peace courts, would exist by statute not by the constitution. However, the revision 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. Under the constitution the legislature may establish other 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 supreme 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 states courts. The method of selecting the chief justice of the supreme court would also be changed by the revision. The constitution presently states that the chief justice 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. 2. The revision establishes Jurisdiction and Appeals appellate jurisdiction in the supreme court and general trial jurisdiction in the district court. The revision allows the legislature to establish the jurisdiction of other courts. This would provide flexibility to address the supreme courts increasing work 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 lines of up to $299. The revision focuses Judicial Personnel Issues primarily on judicial selection and judicial discipline questions. The constitution presently allows the legislature to determine by statute the method of selecting judges. However, the constitution prohibits the partisan selection of judges. The supreme court in two recent cases has ruled that the legislatures involvement in the selection process is limited. This is especially true where judges are required to stand for contested elections. Court rulings 3. |