SB 0001 | Commission on Judicial Resources to Recommend Reallocation of Circuit Judges |
Sponsor: | Schneider | |||
LR Number: | S0414.01I | Fiscal Note: | 0414-01 | |
Committee: | Judiciary | |||
Last Action: | 02/26/97 - Hearing Conducted S Judiciary Committee | Journal page: | ||
Title: | ||||
Effective Date: | August 28, 1997 | |||
SB 1 - This act sets out how the Commission on Judicial Resources determines that circuit court judge positions should be kept vacant or reassigned and how such determination may be reviewed by the Legislature. Specifically, the Commission may:
1) declare that a vacancy not be filled in a circuit with more judges than necessary and file a corresponding plan for reassignment of the remaining judges in such circuit; or
2) declare that positions be added in a circuit with fewer judges than necessary.
PROCEDURE: When a circuit court position is vacated and the Commission declares that such position should not be replaced, the Commission shall certify this declaration to the Governor and General Assembly. Such vacancy shall not be filled unless the General Assembly nullifies the Commission's declaration by a Concurrent Resolution that is signed by the Governor. Such resolution may be introduced during any regular or special session. If the General Assembly fails to nullify the Commission's declaration within 6 months, the position shall cease to exist. If the General Assembly nullifies the declaration, a new judge shall be selected pursuant to the Missouri Constitution.
When the Commission declares a vacancy, it shall include in its certification a proposed reassignment of judges in that circuit. The General Assembly may, by Concurrent Resolution, provide for a different reassignment of such judges.
The Commission shall follow the same procedure outlined above if it declares that a circuit court position should be added to a circuit.
The combined language in SJR 1 and this act is similar to
SJR 2 from 1993.
JAMES KLAHR