What will the CRC mean for the judicial branch?

Chief Justice Jorge Labarga called it "the elephant in the room."

However you describe the upcoming Constitution Revision Commission, it played a major role in the Bar Board of Governors January 20 meeting in Tallahassee.

Labarga talked about it in his annual message to the board about the state of the judicial branch. It was discussed during the Legislation Committee's report. Bar President Bill Schifino presented a summary of Bar activities to the Supreme Court that included a significant component on the CRC.

Much of the concern about the CRC relates to an effort in the 2016 Legislature--and expected to be repeated this spring--to approve a constitutional amendment imposing term limits on at least some part of the judiciary. Last year a two-term limit for the appellate judiciary cleared the House but was never considered in the Senate.

If that amendment is reintroduced and fails again, several speakers--including Labarga--said they expect the issue to be raised in the CRC, a once-every-20-years institution that can send amendments directly to voters without any review by the legislative, executive, or judicial branches.

"If I had a nickel for every person who told me he or she would be the best person to be chosen for my three [appointments to the CRC], I would be richer than Donald Trump right now," Labarga told the board.

That lighthearted comment underscored what is now underway--the appointments to the commission. House Speaker Richard Corcoran, R-Land O' Lakes, a strong proponent of judicial term limits, will have nine appointments, as will Senate President Joe Negron, R-Stuart. Gov. Rick Scott will make 15 appointments. Labarga has three, and Attorney General Pam Bondi is an automatic member.

Once the members are selected, the CRC will begin meeting, probably before summer.

"Let's not lose sight, first of all, of this issue of term limits," Labarga said. "This issue will have to be decided by the people of Florida in an amendment to the constitution and that will not happen until next year.

"For it to be something to be presented to the voters by the Legislature, it would need a supermajority [of both the House and Senate]," he added. If, like last year, that fails "it can happen in two ways. It can happen as a citizens' initiative and that could be presented to voters in the primary of 2018, or if that fails, it could be presented when the CRC ... presents its proposals to the voters in November [2018]."

During the Legislation...

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