Senate Bill 25-394

SENATE:

• Albert Petty

• Christopher Robertson

HOUSE OF REPRESENTATIVES:

• Ervin Becker

• Gina Richards

• Rafael Singleton

To amend Article VI of the Constitution of the State of San Andreas, relating to judicial election; to establish a new appointment and election formula, and to re-frame the Judiciary. 

Bill to Reframe the Judiciary

An act to amend Article VI of the Constitution of the State of San Andreas to alter the method of selection for members of the Judicial Nominating Commission and the Commission on Judicial Discipline, and to change the method of selecting judges for the Superior and Trial Courts.

Amendment 1. Judicial Nominating Commission

Amend Article VI, Section 5 of the Constitution to state that members of the Judicial Nominating Commission shall be appointed by the Attorney General of the State of San Andreas. The commission will still be composed of twenty (20) members. The term lengths for the members will remain a maximum of two (2) consecutive terms of two (2) years each. All eligibility requirements for commissioners will remain the same.

Amendment 2. Commission on Judicial Discipline

Amend Article VI, Section 6 of the Constitution to state that members of the Commission on Judicial Discipline shall be appointed by the Attorney General of the State of San Andreas. The commission will still be composed of twenty (20) attorneys. All eligibility requirements and term lengths will remain the same.

Amendment 3. Superior and Trial Courts

Amend Article VI, Sections 3 and 4 of the Constitution to state that all judges for the Superior Courts and Trial Courts shall be elected by the people of the State of San Andreas. The term lengths for all judges on these courts will remain the same as currently prescribed by law.

CURRENT CONSTITUTIONAL AMENDMENTS, Article VI

SECTION 1: JUDICIAL POWER (Will not be revised)

The judicial power of the State of San Andreas shall be vested in a Supreme Court, and in such inferior courts as the Legislature may from time to time ordain and establish. The judicial power shall extend to all cases in law and equity arising under this Constitution and the laws of this State.

SECTION 2: SUPREME COURT (Will not be revised)

(a) The Supreme Court shall have original jurisdiction in all cases concerning public officials and in cases where the State is a party. It shall have appellate jurisdiction over all other cases as may be prescribed by law. The Supreme Court shall also have general superintending control over all inferior courts.

(b) The Supreme Court shall be composed of fifteen (15) justices, who shall be elected from the citizenry of the State of San Andreas. Justices of the Supreme Court will serve a single term of eight (8) years. A justice of the Supreme Court shall be at least fifty (50) years of age and must have been licensed to practice law in the State of San Andreas for at least ten (10) years immediately preceding their election.

SECTION 3: SUPERIOR COURTS (Will be revised as per amendment 3 of this bill) 

The Superior Courts shall serve as the first court of appeals. The Superior Courts shall have original jurisdiction over all felony cases and appellate jurisdiction over decisions made in the local or county courts, as may be prescribed by law. The Superior Courts shall also have jurisdiction over multiple counties within their respective judicial districts. Judges serving on the Superior Court shall be appointed by a Judicial Nominating Commission and may serve for a term not to exceed six (6) years. At the conclusion of their term, a judge may be re-appointed or replaced.

SECTION 4: TRIAL COURTS (Will be revised as per amendment 3 of this bill) 

The County Trial Courts shall have original jurisdiction over nearly all categories of civil and criminal cases, including felony criminal cases, equity cases, domestic relations cases, and all civil cases. The County Trial Court shall be the first to hear any case within its jurisdiction. Judges on the County Trial Courts shall be appointed by the Judicial Nominating Commission and may serve for a term not to exceed four (4) years. At the conclusion of their term, a judge may be re-appointed or replaced.

SECTION 5: JUDICIAL NOMINATING COMMISSION (Will be revised as per amendment 1 of this bill) 

There shall be a Judicial Nominating Commission to assist in the selection and appointment of judges and justices for the courts of this State. The Commission shall review all applications from qualified candidates and shall select the most suitable individuals for available judicial positions.

The Commission shall be composed of twenty (20) members, who shall be elected by the qualified voters of the State of San Andreas. A member of the Commission must be a civilian, be at least forty-five (45) years of age, and a resident of the State of San Andreas for at least ten (10) years immediately preceding the election. The members shall serve a term of two (2) years and may serve for a maximum of two (2) consecutive terms.

SECTION 6: COMMISSION ON JUDICIAL DISCIPLINE (Will be revised as per amendment 2 of this bill)

There shall be a Commission on Judicial Discipline responsible for protecting the public from improper judicial conduct and for preserving the integrity of the judicial process. The Commission shall investigate complaints of judicial misconduct or disability and shall provide for the fair and expeditious disposition of such matters. The Commission shall be composed of twenty (20) attorneys from around the State. A member of the Commission must have been licensed to practice law in the State of San Andreas for at least five (5) years prior to their election. Members shall be elected to a term of four (4) years and may serve for a maximum of sixteen (16) years in total.

MANDATORY PETITION OF REFERENDUM: Pursuant to Article VII, Section 4 of the Constitution of the State of San Andreas, all legislation concerning elections, education, and the state treasury may not be enacted by the General Assembly without direct approval of the electorate. Such measures must be submitted to the voters at the November general election. Furthermore, amendments to the Constitution require approval by at least 55 percent of qualified electors. As this bill proposes constitutional changes relating to elections, it shall be submitted to the people of San Andreas at the 2025 Coordinated Election, appearing on the ballot as AMENDMENT C. The amendment shall be adopted only upon receiving the approval of no less than 55 percent of the votes cast. 

Bill Text