Since Florida was admitted to the Union in 1845, there have not been any term limits imposed on the number of six-year terms a judge can serve on the bench, up to the mandatory retirement age of 70. However, over 170 years later, a new controversial proposed amendment to the Florida Constitution would limit the number of terms that a Florida Supreme Court justice or a District Court of Appeal (DCA) judge is permitted to hold office—changing the balance of the Florida Judiciary. The amendment, HJR 1, seeks to revise the judicial election language of Florida’s Constitution, Article V, Section 10, by restricting justices and appellate judges from serving in their position for more than two consecutive terms in office, or 12 consecutive years.

In March, the Florida House narrowly approved HJR 1 with the required three-fifths threshold, sending the measure to the Florida Senate for further consideration and debate. Should the Senate also pass the proposed amendment, it will appear on the 2018 election ballot, requiring at least 60 percent of the vote to become part of the Constitution. HJR 1 applies only to judges in intermediate appellate courts and Florida Supreme Court justices and does not apply to trial court judges. Unlike trial court judges, who initially reach the bench either by gubernatorial appointment or by a public election, DCA judges and Florida Supreme Court justices reach the bench only by gubernatorial appointment after vetting of nominees by the judicial nominating commissions (JNC). As a result, the public has little say in who is ultimately appointed to the DCA or Supreme Court bench.

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