A bill that would place term limits on Florida Supreme Court justices and appellate judges passed a Florida House panel Thursday.

  • FL House bill HJR 1 would limit judges to 2 6-year terms
  • Voters currently decide if judges, including FL Supreme Court justices stay on the bench
  • Republican leaders upset that courts have overturned some of their biggest laws

The contentious measure targets a judiciary that has had a hand in overturning many of Gov. Scott's and the Republican-controlled state legislature's signature laws.

The legislation, HJR 1, would put a constitutional amendment on the 2018 ballot that, if approved by at least 60 percent of voters, would limit judges to two six-year terms on the bench. Judges are currently required to stand for merit retention votes every six years, meaning voters can decide whether they stay on the bench.

The Florida Supreme Court justices are appointed by the sitting governor.

"There's never been a justice or judge that has not been retained," State Rep. Jennifer Sullivan (R-Mount Dora) told the House Civil Justice & Claims Subcommittee before its vote on the measure. "An accountability system that doesn't hold people accountable is not truly an accountability system."

The judicial term limit legislation is a priority for House Speaker Richard Corcoran (R-Land O'Lakes), who in his inaugural address in November railed against a judicial branch he believes has acted with impunity. In recent years, the Florida Supreme Court and district courts of appeal have overturned Republican initiatives ranging from school voucher programs to caps on workers' compensation attorney fees.

"We need judges who will respect the Constitution and the separation of powers, who will reject the temptation to turn themselves into some unelected super legislature," Corcoran said.

But Democrats believe it's legislative leaders, not judges, that are running roughshod over the state's system of checks and balances. Judicial term limits, they warn, would cause catastrophic turnover, weakening an essential branch of government.

"I don't think my constituents want to see the judiciary eviscerated," said Rep. Sean Shaw (D-Tampa), whose father, Justice Leander Shaw, served on the Florida Supreme Court for 20 years.

"Some of his landmark decisions were later on in his career -- about the death penalty, about the electric chair, about other commercial issues," Shaw noted. "Those decisions would not have occurred if this bill were in place."

The bill's prospects, however, are uncertain. It appears to enjoy lukewarm support in the Senate, and even some rank-and-file House Republicans have reservations about changing the long-established rules of another branch.

"I hope the Senate does the right thing, I think, and protects the judiciary," Shaw said.