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Wednesday, November 05, 2014

Courts - A couple interesting constitutional amendments regarding courts considered in other states yesterday

Once in the distant past, the ILB looked at the language of Art. 7, Sec. 10 of the Indiana Constitution that reads:

A vacancy in a judicial office in the Supreme Court or Court of Appeals shall be filled by the Governor, without regard to political affiliation, from a list of three nominees presented to him by the judicial nominating commission.
Then the ILB asked (in a post I remember but haven't yet located) whether that meant the Governor could not name a new Supreme Court justice or Court of Appeals judge until the was an actual vacancy, not simply a future date certain when the jurist was resigning.

Well, Florida may have heard me. It attempted this amendment to Art. V, Sec. 11 of the Florida Constitution by adding the following as 11(a)(2):

Whenever a prospective vacancy occurs in a judicial office for which election for retention applies, the governor shall fill the prospective vacancy by appointing a justice or judge from among at least three persons but not more than six persons nominated by the appropriate judicial nominating commission. The term of the appointment commences upon the expiration of the term of the office being vacated and ends on the first Tuesday after the first Monday in January of the year following the next general election. [h/t Gavel to Gavel; emphasis by ILB]
But the meansure failed, Gavel to Gavel has it listed under "losers":
Florida Amendment 3 (48%): Allow governor to prospectively appoint judges to appellate courts — when the judge’s term is about to expire — before the vacancy occurs.
And another effort of possible interest in Indiana: In Oregon, according to Gavel to Gavel:
Measure 87 now allows state judges to teach part time at public colleges/universities without running afoul of the state constitution’s no-dual-office or no-dual-salary provisions.
Gavel to Gavel had a long analysis of the Oregon measure, headed "Oregon Measure 87: why a 1979 Oregon Supreme Court case on judges as part time teachers is on the 2014 ballot", on Oct. 23rd.

Posted by Marcia Oddi on November 5, 2014 01:29 PM
Posted to Indiana Courts