Judicial Independence Amendment (Proposed) Working Draft, Judicial Independence Amendment

Working Draft, Judicial Independence Amendment

  1. There shall be eleven Justices on the Supreme Court (so even if we are one down, we still have ten different minds contemplating the iportant problems).
  2. Justices shall be elected by the People.
  3. Justices shall be elected to terms of 11 years with one Justice elected each year.
  4. The People shall set the compensation for the Justices, which shall be equal for all Justices.
  5. To be eligible to serve as a Justice of the Supreme Court an individual must be a U.S. citizen and resident, have been a U.S. citizen for at least the 30 years immediately preceding the start of that individual's service, and of that time must have been within the U.S. at least 7305 days.
  6. The service of a justice may be suspended until the next election for incapacity or for dishonesty, corruption, or violence, by unanimous concurrence of the other justices.
  7. Upon petition of not less than 1/3 of the poeple, any justice may be scheduled for a retention vote, without regard to cause.
  8. In an annual election, any justice suspeneded by the Court, or scheduled for a retention vote by petition of the people, shall with a 2/3 vote of the people, be removed from office; but if not so removed by the people, shall be restored to full service if suspended.
  9. Should any Justice not serve out a full term, each State shall within 28 calendar days nominate an individual, eligible under Section 5 but not necessarily resident of that State, to serve out the remainder of the term and transmit its nomination to the Supreme Court, and of the nominations timely received, the Court shall choose an individual at random. An individual may be nominated by more than one State. Each nominee's probability of being chosen shall be proportional to the number of nominations received. So if the Court is choosing by drawing names from a hat, and John Doe is nominated by 4 states, his name goes into the hat 4 times.
  10. All Justices on the Court at the time this Amendment is ratified may at their option continue to serve their terms as under the old law, except that if at the time of ratification the number of members of the Court shall be greater than eleven, then only the eleven most senior Justices so choosing may continue to serve. Upon ratification a number shall be chosen at random for each such Justice eligible and electing to continue service, and that randomly chosen number shall be year modulo 11 in which that Justice's seat shall first be filled by election after that Justice's departure. The procedure in Section 6 shall be used to fill that Justice's seat for any time between the Justice's actual departure and the year in which their seat is first up for election.