Bar opposes court override measure.

If it makes it before a legislative committee, The Florida Bar will oppose a proposed constitutional amendment to allow the Legislature by a two-thirds vote to overrule a Supreme Court or other state court finding that a state statute is unconstitutional.

The Bar Board of Governors, at its January 20 meeting, also took a position that any such attempt at passing a similar amendment for federal courts in Congress should be opposed.

Those actions came in lesser response to the filing of House Joint Resolution 121 by Rep. Julio Gonzalez, R-Venice (See story in the January 15 Bar News.) to allow the Legislature to override a court decision striking down a statute within five years of the court action.

He also filed HM 125, a "memorial" to Congress asking for a similar amendment to the U.S. Constitution be proposed by the states.

Legislation Committee Chair Gary Lesser reported the committee unanimously voted to take the positions opposing Gonzalez's proposals.

"This is an attempt to implement legislative override of the courts' authority at the state level," Lesser said of the first position. "The [second] item attempts to do so at the federal level."

Under board policies, the board follows a two-step procedure in adopting Bar legislative positions. In the first step, the board must by a two-thirds vote find the subject matter within the purview of matters in which the Bar can engage in legislative activities. It then votes on whether the Bar should take the legislative position.

On both issues, the board voted unanimously to find the issues within the purview of allowed Bar legislative activities and then voted again unanimously to adopt both positions as presented by the Legislation Committee.

The board had no discussion in following the committee's recommendations.

The board, at its December meeting, approved legislative positions opposing any legislative action to reduce the Supreme Court's authority to regulate the practice of law, adopt rules for the Judicial Qualifications Commission and judicial nominating commissions, and procedural rules for the courts.

Gonzalez said he took his idea from writings...