In Re Opinion of the Justices, in Re

• Decision Date: 17 December 1914
• Citation: 66 So. 1003,68 Fla. 560
• Parties: In re OPINION OF THE JUSTICES.
• Court: Florida Supreme Court

66 So. 1003

68 Fla. 560

In re OPINION OF THE JUSTICES.

Florida Supreme Court

December 17, 1914

Opinion of the Justices in response to a request of Park Trammell Governor.

Under F.S.A. Const. art. 5, § 16, article 18, §§ 10, 14, article 5,§ 33, and F.S.A. §§ 7.48, 7.57, 26.28, held, that the commission issued to the person elected judge of Seminole county in 1914 should be for remainder of term ending January, 1917.

Syllabus by the Court

SYLLABUS

Where a new county is formed from a portion of another county, a person elected to the office of county judge in the new county at the general election in 1914 should be commissioned for the remainder of the term expiring in January, 1917.

OPINION

State of Florida, Executive Chamber.

Tallahassee December 14, 1914.

To the Honorable Justices of the Supreme Court of Florida--Gentlemen:

Section 7 of article 8 of the state Constitution provides:

'All county officers, except assistant assessors of taxes, shall, before entering upon the duties of their respective offices, be commissioned by the Governor.'

Chapter 6511, Laws of Florida, approved April 25, 1913, provided for the creation of Seminole county in the state of Florida and for the organization and government thereof. Section 4 of said chapter 6511 provides for the appointment by the Governor of all the officers to which the said county may be entitled under the Constitution and laws of the state of Florida.

At the general election held on the 3d day of November, 1914, a county judge was elected for the said county of Seminole.

Section 16 of article 5 of the state Constitution provides:

'There shall be in each county a county judge who shall be elected by the qualified electors of said county at the time and places of voting for other county officers and shall hold his office for four years. His compensation shall be provided for by law.'

Section 10 of article 18 of the Constitution provides:

'The first election for county judge, clerk of the circuit court, sheriff, tax assessor, tax collector, county treasurer, county superintendent of public instruction, county surveyor, justices of the peace, constables and all other elective county officers shall be at the general election in 1888.'

Section 14 of article 18 of the Constitution provides:

'The terms of office of all county officers, unless otherwise provided, shall commence on the first Tuesday after the first Monday in January next after their election.'

Section 33 of article 5 of the Constitution provides:

'When the office of any judge shall become vacant from any cause, the successor to fill such vacancy shall be appointed or elected only for the unexpired term of the judge whose death, resignation, retirement, or other cause created such vacancy.'

I have the honor to request the written opinion of the Justices of the Supreme Court as to the term for which, under the Constitution, I am authorized and required as Governor to issue a commission to the gentleman who was elected at the general election held November 3, 1914, to the office of county judge for the said county of Seminole.

Very respectfully,

PARK TRAMMELL, Governor.

To His Excellency, Park Trammell, Governor of Florida--Sir:

Your communication requesting an opinion as to the term for which a commission should be issued by you to one who was elected county judge in Seminole county at the general election held in November, 1914, has been duly considered.

In providing that a county judge shall be elected in each county for the term of four years, that the first election for county judge shall be at the...