Amendment, Fourth General Assembly, 1848:

Judicial Terms (Article V, Section 12) {Adopted}

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AMENDMENT

to the

CONSTITUTION OF THE STATE OF FLORIDA,

Adopted by the Third and Fourth General Assemblies.

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AN ACT to amend the 12th Clause [Section 12] of the 5th Article [Article V] of the Constitution of this State, so that the Judges of the Circuit Courts shall hold their offices for term of eight years, instead of during good behavior.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the 12th Clause [Section 12] of the 5th Article [Article V] of the Constitution of this State, be so amended as to read as follows, viz: That at the expiration of the present term of office of the Judges of the Circuit Courts, with the exception hereinafter mentioned, the Justices of the Supreme Court, and the Judges of the Circuit Courts, shall be elected for a term of eight years, and shall hold their offices for that term, 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 defence, 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 2. Be it further enacted, That the Judges first appointed under this amended Constitution, shall be divided by lot into four classes. The first class shall hold his or their office or offices for the term of two years, the second for the term or four years, the third for the term of six years, the fourth for the term of eight years.

[Third General Assembly. -- Passed the Senate by the Constitutional majority, December 22, 1847. Passed the House of Representatives, by the Constitutional majority, January 6, 1848.]

[Fourth General Assembly. -- Passed House Representatives, by the Constitutional majority, December 8, 1848. Passed Senate, by the Constitutional majority, December 12, 1848.]