SENATE JOINT RESOLUTION J

August 20, 2019, Introduced by Senator NESBITT and referred to the Committee on Advice and Consent.

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 23 of article VI, to require the advice and consent of the senate for gubernatorial appointments of justices of the supreme court of the state of Michigan.

Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to require the advice and consent of the senate for gubernatorial appointments of justices of the supreme court of the state of Michigan, is proposed, agreed to, and submitted to the people of the state:

ARTICLE VI

Sec. 23. A vacancy shall occur in the office of judge of any court of record or in the district court by death, removal, resignation or vacating of the office, and such vacancy shall be filled by appointment by the governor, except that a vacancy in the office of the justice of the supreme court shall be filled by the governor by and with the advice and consent of the senate. The person so appointed by the governor shall hold office until 12 noon of the first day of January next succeeding the first general election held after the vacancy occurs, at which election a successor shall be elected for the remainder of the unexpired term. Whenever a new office of judge in a court of record, or the district court, is created by law, it shall be filled by election as provided by law. The supreme court may authorize persons who have been elected and served as judges to perform judicial duties for limited periods or specific assignments.

Resolved further, That the foregoing amendment shall be submitted to the people of the state at the next general election in the manner provided by law.