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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 civil or criminal jurisdiction as may be necessary in Corporation Courts,
and such other courts as the General Assembly may establish; but such
jurisdiction shall not extend to capital cases. 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 original and
remedial writs as may be necessary to give it a general superintendence and
control of all other courts. Section 3. The Supreme Court shall be holden at such times and places
as may be prescribed by law; and two Judges of the Circuit Court may be added to
the Supreme Court, when in session, at the discretion of the Legislature; and
the court so composed shall constitute the Supreme Court of the State, when the
Legislature shall so direct. 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, as well as Justices of the Supreme Court, receive for his services a
salary of not less than twenty-five hundred dollars per annum, which shall not
be diminished during his continuance in office; but the Judges shall receive no
fees, perquisites of office, nor hold any other office of profit under the
State, the United States, or any other power. Section 5. The Circuit Courts shall have original jurisdiction in all
matters, civil and criminal, 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, either for the entire
Circuit or for a portion thereof, and they shall do so when required, by order
of the Governor or Chief Justice of the Supreme Court; and they may exercise
jurisdiction in cases of writs of habeas corpus in any Judicial Circuit in which
the Judge may happen to be at the time the case arises. 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. There shall be elected in each county of this State, by the
qualified voters, an officer to be styled the Judge of Probate, to take probate
of wills, to grant letters testamentary, of administration and guardianship, to
attend to the settlement of the estates of decedents and minors, and to
discharge the duties usually appertaining to Courts of Ordinary, and such other
duties as may be required by law; subject to the direction and supervision of
the Circuit Courts, as may be provided by law. Section 9 . A competent number of Justices of the Peace shall be from
time to time 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 Section 10. There shall be appointed by the Governor, by and with the
advice and consent of the Senate, a Chief Justice and two associate Justices of
the Supreme Court of this State, who shall reside in this State, and hold their
office for the term of six years from their appointment and confirmation, unless
sooner removed under the provisions of 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 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 case,
the vote shall be taken by yeas and nays, and entered on the journal of each
House respectively, and in case of the appointment to fill a vacancy in said
offices, the person so appointed shall only hold the office for the unexpired
term of his predecessor. Section 11. There shall be elected, at the time and places prescribed
by law, by the qualified electors of each of the respective Judicial Circuits of
this State, one Judge of the Circuit Court, who shall reside in the Circuit for
which he may be elected, and the said Circuit Judges shall continue in office
for the term of six years from the date of their respective elections, unless
sooner removed, under the provisions in this Constitution for the removal of
Judges by address or Section 12. The appointment of Chief Justice and Associate Justices of
the Supreme Court shall be made every sixth year after their first appointment,
and the election of Judges of the Circuit Court, and Judges or Chancellors of
the Chancery Court, when established, shall be held in every sixth year after
their first elections, at the same time and places as the elections for members
of the General Assembly. Section 13. That whenever the General Assembly shall create a Chancery
Court, under the provisions of this Constitution, the Judges thereof shall be
elected in the manner provided in the last two sections of this article, and
shall hold their offices and be subject to all the provisions of said sections:
Provided, however, That the said Judges shall be elected by general
ticket or by districts, as the General Assembly may direct. Section 14. That should a vacancy occur either in the Chancery or
Circuit Courts, by death, removal, resignation or otherwise, it shall be the
duty of the Governor to issue a writ of election to fill such vacancy, and he
shall give at least sixty days notice thereof by proclamation: and the Judge so
elected to fill said vacancy shall continue in office from the time he qualifies
under his commission, until the expiration of the term of his predecessor:
Provided, however, That should it become necessary to fill any such
vacancy before an election can be held under the provisions of this
Constitution, the Governor shall have power to fill such vacancy by appointment,
and the person so appointed shall hold his office from the date of his
commission until his successor shall be duly elected and qualified. Section 15. The Clerks of the Circuit Courts of the several Circuits
of this State, shall be elected by the qualified voters in their several
counties at such times and places as are now or may be provided by law:
Provided, however, That the Chief Justice of the Supreme Court and the
Chancellors of the Court of Chancery, when such courts shall be established,
shall have the power to appoint the Clerks of their respective courts. Section 16. 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. Section 17. The style of all process shall be "The State of Florida,"
and all criminal prosecutions shall be carried on in the name of Section 18. There shall be an Attorney General for the State, who
shall reside at the seat of government, and he shall perform such duties as may
be prescribed by law; he shall be elected by the qualified voters of the State,
at the same time and in the same manner that the Comptroller, Secretary of State
and Treasurer are elected, and his term of office shall be the same; but he may
be removed by the Governor, on the address of a majority of the two Houses of
the General Assembly, and shall receive for his services a compensation to be
fixed by law. Section 19. There shall be one Solicitor for each Circuit, who shall
reside therein, to be elected by the qualified electors of the Circuit, 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 20. No Justice of the Supreme Court shall sit as a 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 21. The General Assembly shall have power to establish in each
county a Board of Commissioners, for the regulation of the county business
therein. Section 22. No duty not judicial shall be imposed by law upon the
Justices of the Supreme Court, Chancellors or the Judges of the Circuit
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