AJR 96

Under current law, supreme court justices are elected by the people. This

proposed constitutional amendment, proposed to the 2009 legislature on first

consideration, requires the governor to appoint, with the advice and consent of

three-fifths of the senate, justices of the supreme court for ten-year terms. Once

appointed, justices may be retained for additional ten-year terms by a vote of the

people. Justices serving on the supreme court at the time of ratification would be

eligible to stand for election for retention. If a justice declines retention, the governor

must appoint a new justice with the advice and consent of three-fifths of the senate.

When vacancies occur on the supreme court, the governor must appoint a new justice

for a ten-year term with the advice and consent of three-fifths of the senate.

Appointees to the supreme court will be required to have served at least eight years

as a judge of the circuit court or the court of appeals. Currently, the constitution

prohibits any elected justice or judge from holding any other public office. This

amendment extends the prohibition to appointed justices and judges.

A proposed constitutional amendment requires adoption by two successive

legislatures, and ratification by the people, before it can become effective.