In Re Advisory Opinion To Governor, in Re

• Citation: 76 Fla. 649,80 So. 519
• Parties: In re ADVISORY OPINION TO GOVERNOR.
• Decision Date: 13 January 1919
• Court: United States State Supreme Court of Florida

80 So. 519

76 Fla. 649

In re ADVISORY OPINION TO GOVERNOR.

Florida Supreme Court

January 13, 1919

Syllabus by the Court

SYLLABUS

Where an additional judicial circuit is created by law, and after the adjournment of the Legislature a judge of such circuit is appointed by the Governor, which appointment is reported to and confirmed by the Senate at its next ensuing session, the commission issued to such judge after being confirmed should be for the remainder of the term, which began with the first appointment by the Governor, if such term has not expired under section 8, art. 5, Const., as amended in 1902.

Where an additional judicial circuit is created by law, and after the adjournment of the Legislature a state attorney for such additional circuit is appointed by the Governor, and such appointment is reported to and confirmed by the Senate at its next ensuing session, the commission, issued to such state attorney after being confirmed, should be for four years from the first appointment by the Governor.

OPINION

In the matter of the advisory opinion to the Governor.

State of Florida, Executive Chamber.

Tallahassee Jan. 13, 1919.

Hon Justices of the Supreme Court of Florida, Tallahassee Fla.--Gentlemen:

Pursuant to section 13 of article 4 of the Constitution of Florida, I have the honor to request your official opinion upon a question affecting my constitutional duties and powers involving the appointment of circuit judges and state's attorneys.

The Legislature of 1917 created the Fifteenth judicial circuit. After the adjournment of the Legislature I appointed, as circuit judge of the Fifteenth judicial circuit, Hon. E. B Donnell, and as state's attorney Hon. Edgar C. Thompson, their commissions reading, 'to end with the adjournment of the next Senate.' Each of these gentlemen went into the primary, and each was nominated for the office. At the special session of the Legislature, I deemed it my duty to submit their appointments to the Senate for confirmation, and both of these appointments were confirmed by the Senate.

The question immediately arose as to the duration of the term of office to which I should appoint them under the commission to be issued following the expiration of the commission first issued. The precedent seems to have been established, in cases where circuits have been created by the Legislature and appointments made to the office of judge and state's attorney, respectively, to issue their commissions, first until the adjournment of the next Senate, and then for terms of six and four years, respectively. This precedent has been called into question.

I wish to have your opinion as to what my powers and duties as Governor are in issuing the commissions in the above-stated case.

Respectfully submitted,

Sidney J. Catts, Governor.

Supreme Court of Florida.

Tallahassee, January 13, 1919.

To His Excellency, Sidney J. Catts, Governor of Florida--Sir:

Replying to your recent inquiry, you are advised that in our opinion while section 8 of article 5 of the Constitution as amended in 1902 provides that ...