OCR Text |
Show have concluded that the constitution prohibits the legislature from being involved in the advise and consent of judicial appointments for supreme court, district court and circuit court judges. The proposed revision would provide for a specific and uniform selection process. The key components include: the commission would screen applicants and select the three most qualified. a. judicial nominating commissions -- b. appointment by the governor the governor would select one id the three applicants nominated. -- c. review by the senate - the appointment would be effective upon majority vote of the senate. This senate vote must be within SO days ofthe governor's appointment or, if not, the selection process begins again with the nominating commission. d. uncontested retention elections - at the first general election three years alter appointment, each judge shall be subject to an unopposed retention election. The elections would be nonpartisan and conducted as provided by statute. The proposal also provides for the constitutional establishment of a judicial conduct commission to review complaints and order disciplinary action against judges. The judicial conduct commission is composed of lawyers, legislators and lay citizens. It has authority to order a reprimand, censure, suspension, removal or involuntary retirement of a judge. The action ofthe commission is subject to final review by the state supreme court. 4. The following are Other miscellaneous provtsioas other provisions contained in the revision. These sections (1) clarify the supreme court's procedural and evidence rulemaking authority, although the legislature may amend court rules by a 28 majority vote; (2) establish elected public prosecutors; (3) maintain the same qualifications for holding judicial office; and (4) remove outdated and unnecessary provisions. Effective Date The amendment, if approved by the voters, would be effective beginning July 1, 1986. However, judges currently in office would hold office for this term for which they were elected or appointed. At the completion of their hill term of office they would be subject to the provisions of this article. Fiscal Effect There has been no enabling legislation passed by the legislature or changes made in the Judicial Article Revision which would have a fiscal impact. |