SENATE JOINT RESOLUTION F

February 1, 2001, Introduced by Senators SIKKEMA, JOHNSON, MC MANUS, STEIL,

NORTH, SCHUETTE, GOUGEON, GAST, STILLE, BULLARD and DUNASKISS

and referred to the Committee on Government Operations.

A joint resolution proposing an amendment to the state con-

stitution of 1963, by amending section 2 of article VI, to pro-

vide for the appointment of justices of the supreme court 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 by the governor, 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

3 justices. elected at non-partisan elections as provided by law.

4 The term of office shall be eight years and not more than two

5 terms of office shall expire at the same time. Nominations for

6 justices of the supreme court shall be in the manner prescribed

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1 by law. Any incumbent justice whose term is to expire may become

2 a candidate for re-election by filing an affidavit of candidacy,

3 in the form and manner prescribed by law, not less than 180 days

4 prior to the expiration of his term.

5 (2) BEGINNING JANUARY 1, 2004, JUSTICES OF THE SUPREME COURT

6 SHALL BE APPOINTED AS PROVIDED IN THIS SECTION, AND SHALL BE ELI-

7 GIBLE TO SERVE ONLY 1 TERM EACH. A PERSON APPOINTED TO FILL A

8 VACANCY IN AN UNEXPIRED TERM SHALL BE CONSIDERED TO HAVE SERVED 1

9 TERM FOR PURPOSES OF THIS SUBSECTION.

10 (3) THE GOVERNOR SHALL APPOINT A NOMINEE TO FILL THE OFFICE

11 OF SUPREME COURT JUSTICE WHENEVER A VACANCY OCCURS DUE TO THE

12 EXPIRATION OF A TERM OF OFFICE OR BY DEATH, REMOVAL, RESIGNATION,

13 OR VACATION OF OFFICE. IN THE CASE OF AN EXPIRATION OF A TERM OF

14 OFFICE, THE GOVERNOR SHALL APPOINT THE NOMINEE WITHIN A 60-DAY

15 PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THAT TERM OF

16 OFFICE WILL EXPIRE. IN ALL OTHER CASES, THE GOVERNOR SHALL

17 APPOINT THE NOMINEE WITHIN A 60-DAY PERIOD BEGINNING ON THE DATE

18 OF THE VACANCY. THE APPOINTMENT SHALL BE MADE BY AND WITH THE

19 ADVICE AND CONSENT OF THE SENATE AND SHALL STAND CONFIRMED UNLESS

20 DISAPPROVED AS PROVIDED IN SECTIONS 6 AND 7 OF ARTICLE V. THE

21 SENATE SHALL HOLD AT LEAST 1 PUBLIC HEARING ON THE ISSUE OF THAT

22 APPOINTMENT.

23 (4) IF THE GOVERNOR DOES NOT SUBMIT A NOMINEE AS REQUIRED

24 UNDER SUBSECTION (3), THE SENATE MAY MAKE THE APPOINTMENT TO FILL

25 THAT OFFICE BY A MAJORITY VOTE OF THE SENATORS ELECTED TO AND

26 SERVING IN THE SENATE.

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1 (5) EXCEPT AS PROVIDED IN SUBSECTION (6), THE TERM OF A

2 JUSTICE APPOINTED TO A FULL TERM SHALL BE 14 YEARS. ONE TERM

3 SHALL EXPIRE AT 12 NOON ON THE FIRST DAY OF JANUARY OF EACH ODD

4 NUMBERED YEAR.

5 (6) THE TERMS OF THE JUSTICES FIRST APPOINTED UNDER THIS

6 SECTION MAY BE LESS THAN 14 YEARS TO THE EXTENT NECESSARY TO

7 ALLOW THOSE TERMS TO EXPIRE IN THE MANNER PRESCRIBED IN SUBSEC-

8 TION (5).

9 (7) THE CHANGES MADE BY THE CONSTITUTIONAL AMENDMENT THAT

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

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

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

13 THE CONSTITUTION.

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

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

16 the manner provided by law.

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