SB 342 - This act authorizes the Commission on Judicial Resources to determine the number of associate and circuit court judges needed in each judicial circuit. The Commission may:

1) Recommend that a vacancy not be filled in a circuit with more judges than necessary, and file a corresponding plan for reassignment of the remaining judgeships in such circuit; or

2) Recommend that positions be added in a circuit with fewer judges than necessary.

Vacancy is defined so that judgeships cannot be moved unless the position is vacant.

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 approves the Commission's declaration by a Concurrent Resolution that is signed by the Governor.

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 shall become effective following the adoption by the voters of a constitutional amendment allowing judgeships to be moved from areas of low need to areas of high need. This act is similar to SB 759 (1997).
CHARLES HATCHER