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Florida Judicial Qualifications Commission, Amendment 5 (1974)

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IIIIIIIVVVIVIIVIIIIXXXIXII

The Florida Judicial Qualifications Commission Amendment, also known as Amendment 5, was a legislatively-referred constitutional amendment on the November 5, 1974 ballot in Florida, where it was approved.

This amendment modified Article V, Section 12 of the Florida Constitution to change the authority of the Judicial Qualifications Commission.[1][2]

Election results

Florida Amendment 5 (1974)
ResultVotesPercentage
Approveda Yes 946,006 78.17%
No264,16121.83%

Election results via: ICPSR

Text of measure

The language that appeared on the ballot:

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

CONSTITUTIONAL AMENDMENT
ARTICLE V, SECTION 12

An amendment to Section 12 of Article V of the State Constitution to permit the judicial qualifications commission to investigate and recommend to the supreme court the removal or reprimand of any justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966, demonstrates a present unfitness to hold office or warrants a reprimand, to provide a procedure for the removal of members, to permit the commission to adopt rules regulating its proceedings which rules may be repealed by general law enacted by majority vote of the membership of each house of the legislature, or by the supreme court, five justices concurring, to require all proceedings before the commission to be confidential until a recommendation is filed by the commission or unless the supreme court suspends a justice or judge as recommended by a vote of seven members of the commission concurring, then all proceedings shall be public, further permitting the commission access to all information from all executive, legislative, and judicial agencies, and requiring the commission to make available information for use in consideration of impeachment or suspension when requested by the speaker of the house of representatives or the governor , respectively. Also provides for appointment of a new commission.[1]

Constitutional changes

ARTICLE V

Section 12. Discipline: Removal and Retirement.

(a) There shall be a judicial qualifications commission vested with jurisdiction to investigate and recommend to the Supreme Court of Florida the removal from office of any justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966, (without regard to the effective date of this section) demonstrates a present unfitness to hold office, and to investigate and recommend the reprimand of a justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966 (without regard to the effective date of this section), warrants such a reprimand. The commission shall be composed of:

(1) Two judges of district courts of appeal selected by the judges of those courts, two circuit judges selected by the judges of the circuit courts and two judges of county courts selected by the judges of those courts;

(2) Two electors who reside in the state, who are members of the bar of Florida, and who shall be chosen by the governing body of the bar of Florida; and

(3) Five electors who reside in the state, who have never held judicial office or been members of the bar of Florida, and who shall be appointed by the governor.

(b) The members of the judicial qualifications commission shall serve staggered terms, not to exceed six years, as prescribed by general law. No member of the commission except a justice or judge shall be eligible for state judicial office so long as he is a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office or hold public office; provided that a judge may participate in his own campaign for judicial office and hold that office. The commission shall elect one of its members as its chairman.

(c) Members of the judicial qualifications commission not subject to impeachment shall be subject to removal from the commission pursuant to the provisions of Article IV, Section 7, Florida Constitution.

(d) The commission shall adopt rules regulating its proceedings, the filling of vacancies by the appointing authorities, the disqualification of members, and the temporary replacement of disqualified or incapacitated members. The commission’s rules, or any part thereof, may be repealed by general law enacted by a majority vote of the membership of each house of the legislature, or by the supreme court, five justices concurring. After a recommendation of removal or public reprimand of any justice or judge, the record of the proceedings before the commission shall be made public. The commission may with seven members concurring recommend to the supreme court the temporary suspension of any justice or judge against whom formal charges a re pending and in the event the supreme court suspends such justice or judge all proceedings before the commission and all hearings shall be public. Otherwise, all proceedings before the commission shall be confidential until a recommendation is filed with the clerk of the supreme court recommending removal or public reprimand at which time such proceedings shall become public record.

(e) The commission shall have access to all information from all executive, legislative and judicial agencies, subject to the rules of the commission. On request of the speaker of the house of representatives or the governor, the commission shall make available information for use in consideration of impeachment or suspension, respectively.

(f) Upon recommendation of two-thirds of the members of the judicial qualifications commission, the supreme court may order that the justice or judge be disciplined by appropriate reprimand, or be removed from office with termination of compensation for willful or persistent failure to perform his duties or for other conduct unbecoming a member of the judiciary, or be involuntarily retired for any permanent disability that seriously interferes with the performance of his duties. After the filing of a formal proceeding and upon request of the commission, the supreme court may suspend the justice or judge from office, with or without compensation, pending final determination of the inquiry.

(g) The power of removal conferred by this section shall be both alternative and cumulative to the power of impeachment and to the power of suspension by the governor and removal by the senate.

SCHEDULE

(1) The terms of office of the present members of the judicial qualifications commission shall expire on January 1, 1975, and new members shall be appointed to serve the following staggered terms:

(a) Group I. The terms of five members, composed of two electors as set forth in Section 12(a)(3) of Article V, one member of the bar of Florida as set forth in Section 12(a)(2) of Article V, one judge from the district courts of appea l and one circuit judge as set forth in Section 12(a)(1) of Article V, shall expire on December 31, 1976.

(b) Group II. The terms of four members, composed of one elector as set forth in Section 12(a)(3) of Article V, one member of the bar of Florida as set forth in Section 12(a)(2) of Article V, one circuit judge and one county judge as set forth in Section 12(a)(1) of Article V, shall expire on December 31, 1978.

(c) Group III. The terms of four members, composed of two electors as set forth in Section 12(a)(3) of Article V, one judge from the district courts of appeal and one county judge as set forth in Section 12(a)(1) of Article V, shall expire on December 31, 1980.

(2) The amendment to Section 12 of Article V provided herein and the provisions of this schedule shall take effect January 1, 1975.[3]

See also

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References

  1. 1.0 1.1 Sarasota Herald-Tribune, "General Election Sample Ballot," November 4, 1974
  2. REFERENDA AND PRIMARY ELECTION MATERIALS [Computer file]. ICPSR ed. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [producer and distributor], 1995. doi:10.3886/ICPSR00006.v1
  3. Florida Constitutional Revision Commission, "Amendments, Election of 11-5-74"