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ARTICLE
V. JUDICIARY
DEPARTMENT. Section
1. The judicial
power of the State shall be vested in a Supreme Court, Circuit Courts, Criminal
Courts, County Courts, County Judges and Justices of the Peace. Section
2. The Supreme
Court shall consist of three Justices, who shall be elected by the qualified
electors of the State at the time and places of voting for members of the Legislature,
and shall hold their office for the term of six years, except those first elected,
one of whom, to be designated by lot in such manner as they may determine, shall
hold his office for two years, another to be designated in like manner for four
years, and the third for six years, so that one shall be elected every two years
after the first election. The Chief Justice shall be designated by lot by said
Justices, and shall be such during his term of office. The first election
for said Justices shall take place at the first election for members of the
Legislature after the ratification of this Constitution, and their term of office
shall begin on the first Tuesday after the first Monday in January after their
election. Section
3. No person
shall ever be appointed or elected as a Justice of the Supreme Court, or Judge
of a Circuit Court, or Criminal Court, that is not twenty-five years of age
and an attorney at law. Section
4. The majority
of the Justices of the Supreme Court shall constitute a quorum for the transaction
of all business. The concurrence of two Justices shall be necessary to a decision.
The number of terms of the Supreme Court and the times of holding the same shall
be regulated by law. All terms shall be held at the Capital of the State. Section
5. The Supreme
Court shall have appellate jurisdiction in all cases at law and in equity originating
in Circuit courts, and of appeals from the Circuit Courts in cases arising before
Judges of the County Courts in matters pertaining to their probate jurisdiction
and in the management of the estates of infants, and in cases of conviction
of felony in the criminal courts, and in all criminal cases originating in the
Circuit Courts. The Court shall have the power to issue writs of mandamus, certiorari,
prohibition, quo warranto, habeas corpus, and also all writs necessary or proper
to the complete exercise of its jurisdiction. Each of the Justices shall have
power to issue writs of habeas corpus to any part of the State upon petition
by or on behalf of any person held in actual custody, and may make such writs
returnable before himself or the Supreme Court, or any Justice thereof, or before
any Circuit Judge. Section
6. The Legislature shall have power to prescribe regulations for calling
into the Supreme Court a Judge of the Circuit Court, to hear and determine any
matters pending before the Court in the place of any Justice thereof that shall
be disqualified or disabled in such case from interest or other cause. Section
7. The Supreme Court shall appoint a Clerk who shall have his office at
the Capital and shall be Librarian of the Supreme Court Library. Section
8. There shall
be seven Circuit Judges, who shall be appointed by the Governor and confirmed
by the Senate, and who shall hold their office for six years. The State shall
be divided into seven Judicial Circuits, and one Judge shall be assigned to
each Circuit. Such Judge shall hold at least two terms of his court in each
county within his Circuit every year, at such times and places as shall be prescribed
by law, and may hold special terms. The Governor may, in his discretion, order
a temporary exchange of Circuits by the respective Judges, or order any Judge
to hold one or more terms or parts of terms in any other Circuit than that to
which he is assigned. The Judge shall reside in the Circuit of which he is Judge.
Successors to the Judges of the Circuit Courts in office at the ratification
of this Constitution shall be appointed and confirmed at the first session of
the Legislature after such ratification. Section
9. The salary of the Justices of the Supreme Court shall be three thousand
dollars a year. The salary of each Circuit Judge shall be two thousand five
hundred dollars a year. Section 10. Until otherwise defined by the Legislature the several Judicial Circuits of the State shall be as follows: The First Judicial Circuit shall be composed of the counties of Escambia, Santa Rosa, Walton, Holmes, Washington and Jackson. The Second Judicial Circuit shall be composed of the counties of Gadsden, Liberty, Calhoun, Franklin, Leon, Wakulla and Jefferson. The Third Judicial Circuit shall be composed of the counties of Madison, Taylor, Lafayette, Hamilton, Suwannee and Columbia. The Fourth Judicial Circuit shall be composed of the counties of Nassau, Duval, Baker, Bradford, Clay and St. Johns. The Fifth Judicial Circuit shall be composed of the counties of Putnam, Alachua, Levy, Marion and Sumter. The Sixth Judicial Circuit shall be composed of the counties of Hernando, Hillsborough, Manatee, Polk and Monroe. The Seventh
Judicial Circuit shall be composed of the counties of Volusia, Brevard, Orange
and Dade. Section
11. The Circuit Courts shall have exclusive original jurisdiction in all
cases in equity, also in all cases at law, not cognizable by inferior courts,
and in all cases involving the legality of any tax, assessment, or toll; of
the action of ejectment and of all actions involving the titles or boundaries
of real estate, and of all criminal cases not cognizable by inferior courts;
and original jurisdiction of actions of forcible entry and unlawful detainer,
and of such other matters as the Legislature may provide. They shall have final
appellate jurisdiction in all civil and criminal cases arising in the County
Court, or before the County Judge, of all misdemeanors tried in Criminal Courts,
of judgments or sentences of any Mayor's Court, and of all cases arising before
Justices of the Peace in counties in which Section
12. The Circuit Courts and Circuit Judges may have such extra territorial
jurisdiction in chancery cases as may be prescribed by law. Section
13. It shall be the duty of the Judges of the Circuit Courts to report to
the Attorney General at least thirty days before each session of the Legislature
such defects in the laws as may have been brought to their attention, and to
suggest such amendments or additional Legislation as may be deemed necessary.
The Attorney General shall report to the Legislature at each session such legislation
as he may deem advisable. Section
14. A Circuit
Judge may appoint in each county in his Circuit one or more attorneys at law,
to be Court Commissioners, who shall have power in the absence from the country
of the Circuit Judge, to allow writs of injunction and to issue writs of habeas
corpus, returnable before himself or the Circuit Judge. Their orders in such
matters may be reviewed by the Circuit Judge, and confirmed, qualified or vacated.
They may be removed by the Circuit Judge. The Legislature may confer upon them
further powers, not judicial, and shall fix their compensation. Section
15. The Governor, by and with the consent of the Senate, shall appoint a
State Attorney in each Judicial Circuit, whose duties shall be prescribed by
law, and who shall hold office for four years. There shall be elected in each
county a Sheriff, and a Clerk of the Circuit Court, who shall also be Clerk
of the County Court, except in counties where there are Criminal Courts, and
of the Board of County Commissioners, and Recorder and ex-officio Auditor
of the County, each of whom shall hold office for four years. Their duties shall
be prescribed by law. Section
16. There shall
be in each county a County Judge who shall be elected by the qualified electors
of said county at the times 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
17. The County Judge shall have original jurisdiction in all cases at law
in which the demand or value of property involved shall not exceed one hundred
dollars; of proceedings relating to the forcible entry or unlawful detention
of lands and tenements; and of such criminal cases as the Legislature may prescribe.
The County Judge shall have jurisdiction of the settlement of the estates of
decedents and minors, to order the sale of real estate of decedents and minors,
to take probate of wills, to grant letters testamentary and of administration
and guardianship, Section
18. The Legislature
may organize in such counties, as it may think proper, County Courts which shall
have jurisdiction of all cases at law in which the demand or value of the property
involved shall not exceed five hundred dollars; of proceedings relating to the
forcible entry or unlawful detention of lands and tenements, and of misdemeanors,
and final appellate jurisdiction in civil cases arising in the Courts of Justices
of the Peace. The trial of such appeals may be de novo at the option
of appellant. The County Judge shall be the Judge of said Court. There shall
be elected by the qualified electors of said county at the time when the said
Judge is elected a Prosecuting Attorney for said county, who shall hold office
for four years. His duties and compensation shall be prescribed by law. Such
Courts may be abolished at the pleasure of the Legislature. Section
19. When any
civil case at law in which the Judge is disqualified shall be called for trial
in a Circuit or County Court, the parties may agree upon an attorney at law,
who shall be Judge ad litem, and shall preside over the trial of and
make orders in said cause as if he were Judge of the Court. The parties may,
however, transfer the cause to another Circuit Court or County Court, as the
case may be, or may have the case submitted to a referee. Section
20. Any civil
cause may be tried before a practicing attorney as referee upon the application
of the parties and an order from the court in whose jurisdiction the case may
be, authorizing such trial and appointing such referee. The referee shall keep
a complete record of the case, including the evidence taken, and such record
shall be filed with the papers in the case in the office of the Clerk; and the
cause shall be subject to an appeal in the manner prescribed by law. Section
21. The County
Commissioners of each county shall divide it into as many Justice Districts,
not less than two, as they may deem necessary. There shall be elected one Justice
of the Peace for each of the said districts. He shall hold his office for four
years. Section
22. In each county where there is no County Court, as provided for in section
eighteen [Section 18] of this Article, the Justices of the Peace shall have
jurisdiction in cases at law in which the demand or value of the property involved
does not exceed one hundred dollars, and in which the cause of action accrued,
or the defendant resides, in his district; and in such criminal cases, except
felonies, as many be prescribed by law; and in counties where County Courts
are established, as provided for in section eighteen [Section 18] of this Article,
every Justice of the Peace shall have jurisdiction in cases at law in which
the demand or value of the property does not exceed fifty dollars, and in which
the cause of action accrued, or the defendant resides, in his district; and
he shall have power to issue process for the arrest of persons charged with
crime, and to make the same returnable before himself or the County Judge, for
examination, discharge, commitment or bail of the accused. Section
23. A Constable
shall be elected by the registered voters in each Justice's district, who shall
perform such duties, and under such regulations as may be prescribed by law.
Section
24. There shall
be established in the county of Escambia, and upon application of a majority
of the registered voters in such other counties as the Legislature may deem
expedient, a Criminal Court of Record, and there shall be one Judge for each
of the said courts, who shall be appointed by the Governor and confirmed by
the Senate, who shall hold his office for four years, and whose salary shall
be one thousand dollars a year, the counties paying the salaries. Section
25. The said
courts shall have jurisdiction of all criminal cases not capital which shall
arise in said counties respectively. Section
26. There shall
be six terms of said courts in each year. Section
27. There shall
be for each of said courts a prosecuting Attorney, who shall be appointed by
the Governor and confirmed by the Senate, and who shall hold his office for
four years. His compensation shall be fixed by law. Section
28. All offenses
triable in said Court shall be prosecuted upon information under oath, to be
filed by the prosecuting attorney, but the grand jury of the Circuit Court for
the county in which said Criminal Court is held may indict for offenses triable
in the Criminal Court. Upon the finding of such indictment the Circuit Judge
shall commit or bail the accused for trial in the Criminal Court, which trial
shall be upon information. Section
29. The County
Courts in counties where such Criminal Courts are established shall have no
criminal jurisdiction and no prosecuting Attorney. Section
30. The Clerk
of said Court shall be elected by the electors of the county in which the Court
is held and shall hold office for four years, and his compensation shall be
fixed by law. He shall also be Clerk of the County Court. The Sheriff of the
County shall be the executive officer of said Court, and his duties and fees
shall be fixed by law. Section
31. The State Attorney residing in the county where such Court is held shall
be eligible for appointment as County Solicitor for said county. Section
32. Such courts
may be abolished by the Legislature. Section
33. 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, Section
34. The Legislature
may establish in incorporated towns and cities, courts for the punishment of
offenses against municipal ordinances. Section
35. No courts
other than those herein specified shall be established in this State. Section
36. All judicial
officers in this State shall be conservators of the peace. Section
37. The style
of all process shall be "The State of Florida," and all prosecutions shall be
conducted in the name and by the authority of the State. Section
38. The number
of jurors for the trial of causes in any court may be fixed by law but shall
not be less than six in any case.
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