SB 759 - 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 vacancy should not be filled, 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.

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 the judges.

The Commission shall follow the same procedure outlined above if it declares that a circuit court position should be added to a circuit.

This act is similar to SB1 from 1997.
CHARLES HATCHER