|
|
 |
 |

ARTICLE V.
Judicial Department.
Section 1. The Judicial power of this State, both as to matters of
law and equity, shall be vested in a Supreme Court, Courts of Chancery, Circuit
Courts and Justices of the Peace, provided the General Assembly may also vest
such criminal jurisdiction as may be deemed necessary in Corporation Courts, but
such jurisdiction shall not extend to capital offenses.
Section 2. The Supreme Court,
except in cases otherwise directed in this Constitution, shall have appellate
jurisdiction only, which shall be co-extensive with the State, under such
restrictions and regulations, not repugnant to this Constitution, as may from
time to time be prescribed by law, provided that the said Court shall always
have power to issue writs of injunction, mandamus, quo warranto, habeas corpus,
and such other remedial and original writs as may be necessary to give it a
general superintendence and control of all other Courts.
Section 3. For the term of
five years from the election of the Judges of the Circuit Courts, and thereafter
until the General Assembly shall otherwise provide, the powers of the Supreme
Court shall be vested in, and its duties performed by the Judges of the several
Circuit Courts within this State, and they, or a majority of them shall hold
such sessions of the Supreme Court, and at such times as may be directed by law.
Section 4. The Supreme Court, when organized, shall be holden at such times and
places as may be provided by law.
Section 5. The State shall be
divided into at least four convenient Circuits, and until other Circuits shall
be provided for by the General Assembly, the arrangement of the Circuits shall
be the Western, Middle, Eastern and Southern Circuits, and for each Circuit
there shall be appointed a Judge, who shall after his appointment, reside in the
Circuit for which he has been appointed, and shall, at stated times, receive for
his services a salary of not less than two thousand dollars per annum, which
shall not be diminished during
the continuance of such Judge in office; but the Judges shall receive no fees or
perquisites of office, nor hold any other office of profit under the State, the
United States, or of any other power.
Section 6. The Circuit Courts
shall have original jurisdiction in all matters, civil and criminal, within this
State, not otherwise excepted in this Constitution.
Section 7. A Circuit Court
shall be held in such Counties, and at such times and places therein, as may be
prescribed by law, and the Judges of the several Circuit Courts may hold Courts
for each other, and shall do so when directed by law.
Section 8. The General
Assembly shall have power to establish and organize a separate Court or Courts
of original equity jurisdiction; but until such Court or Courts shall be
established and organized, the Circuit Courts shall exercise such jurisdiction.
Section
9. The General Assembly shall provide by law for the appointment, in each
County, of an officer to take probate of wills, to grant letters testamentary of
administration and guardianship; to attend to the settlement of the estates of
decedents and of minors, and to discharge the duties usually appertaining to
Courts of Ordinary, subject to the direction and supervision of the Courts of
Chancery, as may be provided by law.
Section 10. A competent
number of Justices of the Peace shall be, from time to time, appointed or
elected in and for each County, in such mode, and for such term of office, as
the General Assembly may direct; and shall possess such jurisdiction as may be
prescribed by law; and in cases tried before a Justice of the Peace, the right
of appeal shall be secured under such rules and regulations as may be prescribed
by law.
Section 11. Justices of the Supreme Court, Chancellors, and Judges
of the Circuit Courts, shall be elected by the concurrent vote of a majority of
both Houses of the General Assembly.
Section 12. The Judges of the
Circuit Courts, shall, at the first session of the General Assembly to be holden
under this Constitution, be elected for the term of five years, and shall hold
their offices for that term, unless sooner removed under the provisions made in
this Constitution for removal of Judges by address or impeachment; and at the
expiration of five years, the Justices of the Supreme Court and the Judges of
the Circuit Courts, shall be elected for the term of and during their good
behavior; and for wilful neglect of duty, or other reasonable cause, which shall
not be sufficient ground for impeachment, the Governor shall remove any of them,
on the address of two-thirds of each House of the General Assembly; provided,
however, that the cause or causes shall be stated at length in such address, and
entered on the journals of each House; and provided further, that the cause or
causes shall be notified to the Judge so intended to be removed, and he shall be
admitted to a hearing in his own defense, before any vote for such address shall
pass; and in such cases, the vote shall be taken by yeas and nays, and entered
on the journals of each House respectively.
Section 13. The Clerk of the
Supreme Court and the Clerks of the Courts of Chancery, shall be elected by the
General Assembly; and the Clerks of the Circuit Courts shall be elected by the
qualified electors, in such mode as may be prescribed by law.
Section 14.
The Justices of the Supreme Court, Chancellors, and Judges of the Circuit
Courts, shall, by virtue of their offices, be conservators of the peace
throughout the State; and Justices of the Peace in their respective Counties.
Section
15. The style of all process shall be "the State of Florida," and all
criminal prosecutions shall be carried on in the name of the State of Florida,
and all indictments shall conclude, "against the peace and dignity of the same."
Section 16.
There shall be an Attorney General for the State, who shall reside at the
Seat of Government. It shall be his duty to attend all sessions of the General
Assembly, and upon the passage of any act, to draft and submit to the General
Assembly, at the same session, all necessary forms of proceedings under such
laws, which, when approved, shall be published therewith, and he shall perform
such other duties at may be prescribed by law. He shall be elected by joint vote
of the two Houses of the General Assembly, and shall hold his office for four
years; but may be removed by the Governor, on the address of two-thirds of the
two Houses of the
General Assembly, and shall receive for his services a compensation to be fixed
by law.
Section 17. There shall be one Solicitor for each Circuit, who
shall reside therein, to be elected by the joint vote of the General Assembly,
who shall hold his office for the term of four years; and shall receive for his
services a compensation to be fixed by law.
Section 18. No Justice of the
Supreme Court shall sit as Judge or take part in the Appellate Court on the
trial or hearing of any case which shall have been decided by him in the Court
below.
Section 19. The General Assembly shall have power to establish in
each County, a Board of Commissioners for the regulation of the County business
therein.
Section 20. No duty not Judicial shall be imposed by law upon the
Justices of the Supreme Court, Chancellors, or the Judges of the Circuit Courts
of this State.
| NEW AND
NOTEWORTHY
ON FLORIDA MEMORY |
 |
 |
 |
 |
 |
 |
|
 |
|
 |
| Bedell Collection 126 prints of Deaconess Harriet Bedell working among the Seminole Indians in South Florida from 1933 to 1960. |
|
Pets with a Florida Flair From dogs and cats, to fawns, monkeys and macaws, Floridians have shared their lives with their animal friends. |
|
Postcard Collection Over 6,300 picture postcards of Florida attractions, cities, and people, circa 1900s-1970s. |
|
 |