IN RE ADVISORY OPINION TO GOVERNOR
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The Florida Supreme Court advised the Governor that a newly appointed Circuit Judge for an additional judicial circuit should serve a four-year term, equal to the unexpired term of other Circuit Judges.
The Circuit Judge appointed for the additional circuit should be commissioned for a four-year term, which is equal to the unexpired term of other Circuit Judges.
“the legislature may provide for the creation and establishment of such additional Judicial Circuits as may from time to time become necessary, and for the appointment by the Governor and confirmation by the Senate of additional Circuit Judges therefor, whose terms of office and general jurisdiction shall be the same as is herein provided for the Circuit Judges herein already provided for”
Quote from the Constitution cited by the court regarding the creation of additional judicial circuits and judge appointments.
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Join FLexlaw to unlock all legal intelligenceThe Governor inquired about the appropriate term length for a Circuit Judge appointed to a new judicial circuit created by the legislature. The new ci…
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Tallahassee, Florida, June 16th, 1919. To His Excellency, Sidney J. Catts, Governor. Sir:— Your inquiry of this date is received. Under the provisions of the Constitution that “the legislature may provide for the creation and establishment of such additional Judicial Circuits as may from time to time become necessary, and for the appointment by the Governor and confirmation by the Senate of additional Circuit Judges therefor, whose terms of office and general jurisdiction shall be the same as is herein provided for the Circuit Judges herein already provided for,” Sec. 35, Art V as amended, and, that “a judge for the additional Circuit shall be appointed for a term equal to the unexpired term of the other Circuit Judges,” Sec. 8, Art. Y as amended; you are advised that the Circuit Judge appointed and confirmed for the additional Circuit created and established at the regular session of the legislature in 1919 should be commissioned for a period of four years, that being “a term equal to the unexpired term of the other Circuit Judges.” Advisory Opinion to Governor, 80 South. Rep. 519. Very respectfully, Jeffn. B. Browne, Chief Justice. R. F. Taylor, J. B. Whitfield, W. H. Ellis, T. F. West, Justices.
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State v. Bird, 120 Fla. 780 (Fla. 1935)…tion, the Judges of the additional Judicial Circuits had terms beginning so as to expire along with the terms of the. other Judges of Judicial Circuits. Sec. 8, Art. V, as amended in 1902; Advisory Opinion, 76 Fla. 649, 80 So. 519; Advisory Opinion, 78 Fla. 5,-82 So. 612. As elective officers whose full terms begin on the first Tuesday after the first Monday in January after their election, are elected at the general elections held on the first Tuesday after the first Monday in November of even numbered…
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State v. Amos, 101 Fla. 114 (Fla. 1931)…ch shall be longer than four years.” Unless otherwise duly provided where an office is created, the term begins when the office is first filled. In Re Advisory Opinion to the Governor, 76 Fla. 649, 80 So. 519; In Re Advisory Opinion to the Governor, 78 Fla. 5, 82 So. 612. The provision of section 14, Article 16, that an officer shall continue in office after the expiration of his official term until a successor is qualified is intended to prevent a hiatus, State ex rel. v. Murphy and Re Comrs. Duval Co.,…
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The State of Fla. ex rel. Fred H. Davis v. Giblin, 98 Fla. 802 (Fla. 1929)…he Judge appointed should be commissioned for a period of four years “that being a term equal to the unexpired term of the other Circuit Judges.” The Court cited the advisory opinion given in the Donnell matter. See Advisory Opinion to the Governor, 78 Fla. 5, 82 So. R. 612. In an advisory opinion to Governor Drew in 1887 Mr. Justice Westcott announced the rule that where the term of office is fixed by the Constitution each succeeding incumbent appointed in accordance with the Constitution holds the off…1 / 5