Senate Introduced Joint Resolution L























SENATE JOINT RESOLUTION L


   May 12, 1999, Introduced by Senators SIKKEMA, JOHNSON, STEIL,
        SCHWARZ and BENNETT and referred to the Committee on 
        Government Operations.



        A joint resolution proposing an amendment to the state con-

   stitution of 1963, by amending sections 2, 8, and 9 of article

   VI, to provide for the appointment of justices of the supreme

   court and judges of the court of appeals by the governor.

        Resolved by the Senate and House of Representatives of the

   state of Michigan, That the following amendment to the state con-

   stitution of 1963, to provide for the appointment of justices of

   the supreme court and judges of the court of appeals by the gov-

   ernor, is proposed, agreed to, and submitted to the people of the

   state:

 1                                ARTICLE VI

 2         Sec. 2.  (1) The supreme court shall consist of seven jus-

 3    tices  elected at non-partisan elections as provided by law
             

 4    APPOINTED BY THE GOVERNOR.  The term of office shall be eight

 5    years and not more than two terms of office shall expire at the


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 1    same time.  Nominations for justices of the supreme court
             shall

 2     be in the manner prescribed by law.  AN INCUMBENT
                       JUSTICE MAY BE

 3    RETAINED IN OFFICE AFTER THE EXPIRATION OF THE TERM HE OR SHE IS

 4    SERVING BY SUBMITTING TO A RETENTION ELECTION IN THE MANNER PRO-

 5    VIDED BY LAW.  IF A MAJORITY OF THE ELECTORS VOTING ON THE QUES-

 6    TION VOTE TO RETAIN THE JUSTICE, HE OR SHE SHALL REMAIN IN OFFICE

 7    FOR AN ADDITIONAL TERM.  IF A MAJORITY OF THE ELECTORS VOTING ON

 8    THE QUESTION VOTE AGAINST RETAINING THE JUSTICE, A VACANCY SHALL

 9    EXIST IN THAT OFFICE UPON THE EXPIRATION OF THAT JUSTICE'S TERM,

10    WHICH SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR. Any incum-

11    bent justice whose term is to expire may become a candidate for

12     re-election  RETENTION IN OFFICE by filing
              an affidavit of

13     candidacy  A DECLARATION OF HIS OR HER INTENTION TO
                       BE RETAINED

14    IN OFFICE, in the form and manner prescribed by law, not less

15    than 180 days prior to the expiration of his OR HER term.

16         (2) THE CHANGES MADE BY THE CONSTITUTIONAL AMENDMENT THAT

17    ADDED THIS SUBSECTION SHALL NOT HAVE THE EFFECT OF REMOVING FROM

18    OFFICE A JUSTICE OF THE SUPREME COURT DURING THE TERM HE OR SHE

19    WAS SERVING ON THE DATE ON WHICH THIS SUBSECTION BECAME PART OF

20    THE CONSTITUTION.

21         Sec. 8.  The court of appeals shall consist  initially
              of

22     nine  28 judges who shall be  nominated
             and elected at

23     non-partisan elections  APPOINTED BY THE GOVERNOR
                       from districts

24    drawn on county lines and as nearly as possible of equal popula-

25    tion, as provided by law.  The supreme court may prescribe by

26    rule that the court of appeals sit in divisions and for the terms

27    of court and the times and places thereof.  Each such division



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 1    shall consist of not fewer than three judges.  The number of

 2    judges comprising the court of appeals may be increased, and the

 3    districts from which they are  elected  APPOINTED
             may be changed

 4    by law.

 5         Sec. 9.  (1)  Judges  A JUDGE of the court of
             appeals shall

 6    hold office for a term of six years.  and until their
             successors

 7     are elected and qualified.  AN INCUMBENT JUDGE MAY
                       BE RETAINED IN

 8    OFFICE AFTER THE EXPIRATION OF THE TERM HE OR SHE IS SERVING BY

 9    SUBMITTING TO A RETENTION ELECTION IN THE MANNER PROVIDED BY

10    LAW.  IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION VOTE

11    TO RETAIN THE JUDGE, HE OR SHE SHALL REMAIN IN OFFICE FOR AN

12    ADDITIONAL TERM.  IF A MAJORITY OF THE ELECTORS VOTING ON THE

13    QUESTION VOTE AGAINST RETAINING THE JUDGE, A VACANCY SHALL EXIST

14    IN THAT OFFICE UPON THE EXPIRATION OF THAT JUDGE'S TERM, WHICH

15    SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR. The terms of

16    office for the judges in each district shall be arranged by law

17    to provide that not all terms will expire at the same time.

18         (2) THE CHANGES MADE BY THE CONSTITUTIONAL AMENDMENT THAT

19    ADDED THIS SUBSECTION SHALL NOT HAVE THE EFFECT OF REMOVING FROM

20    OFFICE A JUDGE OF THE COURT OF APPEALS DURING THE TERM HE OR SHE

21    WAS SERVING ON THE DATE ON WHICH THIS SUBSECTION BECAME PART OF

22    THE CONSTITUTION.

23         Resolved further, That the foregoing amendment shall be sub-

24    mitted to the people of the state at the next general election in

25    the manner provided by law.







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