Petition of Florida Bar
| Decision Date | 01 August 1952 |
| Citation | 61 So.2d 646 |
| Parties | Petition of FLORIDA BAR, etc. |
| Court | Florida Supreme Court |
Wm. A. McRae, Jr., Bartow, President, Donn Gregory, Tampa, Chairman, Committee on Legal Education and Admission to the Bar.
This is a petition of the Florida Bar, directing the attention of this court (1) to Chapter 26655, Acts of 1951, F.S.A. § 454.031 and (2) to a study and report of the Committee on Legal Education and Admission to the bar which finds:
'(a) This Court has full power and authority to and should take charge and control of all unexpended monies which have been paid over to the State Board of Law Examiners and all monies which shall hereafter be paid over the State Board of Law Examiners.
'(b) In order to properly carry on its administrative functions the State Board of Law Examiners is in need of the services of an administrative officer who will devote his full time and attention to the affairs and functions of said board.
'(c) There are sufficient funds coming into the hands of said board with which to employ such a full time administrative officer.'
The petition prays (1) that by appropriate order this court take charge of all unexpended monies which have heretofore been paid over to the State Board of Law Examiners, including those which may hereafter be paid over to it, and require said board to make such report to this court in respect to said funds as deemed advisable. (2) Direct the State Board of Law Examiners to employ an administrative officer who will devote his full time and attention to the duties of said board and report to this court with respect to such employment.
It is contended that Chapter 26655, Acts of 1951, fortified by the inherent power of this court, is ample to warrant an affirmative answer to the petitioner's prayer. It is true that courts of general jurisdiction have certain inherent or implied powers that stem from the constitutional or statutory provisions creating the court and clothing it with jurisdiction. In other words, regularly constituted courts have power to do anything that is reasonably necessary to administer justice within the scope of its jurisdiction, but not otherwise. Inherent power has to do with the incidents of litigation, control of the court's process and procedure, control of the conduct of its officers and the preservation of order and decorum with reference to its proceedings. Such is the scope of inherent power, unless the authority creating the court clothes it with more. The legislature has not seen fit to enlarge the inherent power of this court, so we are without power to authorize the appointment of an administrative officer for the State Board of...
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