Florida Judicial Nominating Commission
Encyclopedia
The Florida Judicial Nominating Commissions are 26 separately constituted bodies responsible for providing the governor of Florida with a list of possible appointments to the various state court
s (the Florida Supreme Court
, the five Florida District Courts of Appeal
, and the twenty Florida Circuit Courts
). These commissions are required under Article V of the Florida Constitution
.
The composition of the Commissions is laid out elsewhere in the Constitution, which requires that each Commission be composed of:
The Constitution prohibits judges and justices from serving on any Commission, and disqualifies Commission members from being appointed to judicial office until two years after they leave the Commission. It also sets the term of office of Commission members at four years.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s (the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
, the five Florida District Courts of Appeal
Florida District Courts of Appeal
The Florida District Courts of Appeal are the intermediate appellate courts of the Florida state court system. There are five DCAs:*The First District Court of Appeal is headquartered in Tallahassee...
, and the twenty Florida Circuit Courts
Florida Circuit Courts
The Florida Circuit Courts are state courts. They are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution .The Circuit Courts primarily handle civil cases where...
). These commissions are required under Article V of the Florida Constitution
Florida Constitution
The Constitution of the State of Florida is the document that establishes and describes the duties, powers, structure and function of the government of the U.S. state of Florida, and establishes the basic law of the state....
.
Composition and operations
The Constitution specifies that "[w]henever a vacancy occurs in a judicial office to which election for retention applies, the governor shall fill the vacancy by appointing... one of not fewer than three persons nor more than six persons nominated by the appropriate judicial nominating Commission". This provision applies to Florida Supreme Court justices and Florida District Court judges. The Constitution makes a similar provision for Florida Circuit Court judges, except that such positions are normally filled in elections, and the governor may only step in where there is a vacancy well before the next election. further provides that "[t]here shall be a separate judicial nominating Commission as provided by general law for the supreme court, each district court of appeal, and each judicial circuit for all trial courts within the circuit", This section requires that the Commissions have uniform rules of procedure, and that their proceedings and records must be open to the public.The composition of the Commissions is laid out elsewhere in the Constitution, which requires that each Commission be composed of:
- a. Three members appointed by the Board of Governors of the Florida Bar from among Florida Bar members who are actively engaged in the practice of law with offices within the territorial jurisdiction of the affected court, district or circuit;
- b. Three electors who reside in the territorial jurisdiction of the court or circuit appointed by the governor; and
- c. Three electors who reside in the territorial jurisdiction of the court or circuit and who are not members of the bar of Florida, selected and appointed by a majority vote of the other six members of the Commission.
The Constitution prohibits judges and justices from serving on any Commission, and disqualifies Commission members from being appointed to judicial office until two years after they leave the Commission. It also sets the term of office of Commission members at four years.