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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. The Supreme Court, when organized, shall be holden at such
times and places as may be provided by law. Section 4. The State shall be divided into convenient Circuits; and
for each Circuit there shall be a Judge, who shall, after his election or appointment,
reside in the Circuit for which he has been elected or 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 Confederate States,
or any other power. Section 5. The Circuit Courts shall have original jurisdiction in all
matters, civil and criminal, within this State, not otherwise excepted in this
Constitution. Section 6. 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 7. 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 8. 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 9. 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 10. Judges of the Supreme Court, Chancellors, and Judges of
the Circuit Court, shall be appointed by the Governor, by and with the advice
and consent of two-thirds of the Senate, when in session, and hold office for
the term of six years from the date of their appointment, unless sooner removed
under the provisions made in this Constitution for the removal of Judges by
address or impeachment; 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 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 removal 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 11. Whenever the General Assembly shall create a separate Chancery
Court, under the provisions of this Constitution, the Judges thereof shall be
elected in the manner provided in the 10th clause of this article, and shall
hold their offices for the same term, and be subject to all the provisions of
said clause. Section 12. The Clerk of the Supreme Court, and the Clerks of the Courts
of Chancery, shall be appointed by the Judges of their respective Courts; and
the Clerks of the Circuit Courts shall be elected by the qualified electors,
in such mode as may be prescribed by law. Section 13. 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 14. 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 15. 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 as 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 two 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 16. There shall be one Solicitor for each Circuit, who shall
reside therein and shall be elected by the qualified voters of such Circuit,
on the first Monday in October in the year one thousand eight hundred and sixty-one,
and every four years thereafter, or at such time as the General Assembly may
by law prescribe, and he shall receive for his services a compensation to be
fixed by law. Section 17. 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 18. The General Assembly shall have power to establish in each
county a Board of Commissioners for the regulation of the county business therein.
Section 19. 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.
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