Amendment, Fifth General Assembly, 1850:

Judicial Elections (Article V, Sections 11, 12, 17)

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AMENDMENTS

to the

CONSTITUTION OF THE STATE OF FLORIDA.

Adopted by the Fifth General Assembly.

AN ACT to Amend the Eleventh Clause [Section 11] of the Fifth Article [Article V] of the Constitution of this State; and also to Amend An Act Amendatory of the Twelfth Clause [Section 12] of the Fifth Article [Article V] of the Constitution of this State, and adopted by the Third and Fourth General Assemblies, so as to give the Election of the Judges to the People.

Section l. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the Eleventh Clause [Section 11] of the Fifth Article [Article V] of the Constitution of this State, and also an act entitled, "An Act to amend the Twelfth Clause [Section 12] of the Fifth Article [Article V] of the Constitution of this State, so that the Judges of the Circuit Courts shall hold their offices for the term of eight years, instead of during good behavior," be, and the same are hereby, so amended as to read as follows, viz: That on the first Monday in October, in the year one thousand eight hundred and fifty-three, and on the first Monday in October, every six years thereafter, there shall be elected 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 continue in office for the term of six years from and after the first day of January next succeeding his election, 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 2. Be it further enacted, That said election shall be conducted, and the returns thereof made, in the manner now prescribed, or which may hereafter be prescribed by law, for the election of member to Congress; and it shall be the duty of the Governor to issue a commission, under the seal of the State, to the person receiving the highest number of votes in the Judicial District in which the election is had.

Section 3. Be it further enacted, That whenever the General Assembly shall create a separate Supreme Court, or Chancery Court, under the provisions of this Constitution, the Judge thereof shall be elected in the manner provided in the first section of this act, and shall hold their offices for the same term, and be subject to all the provisions of said first section: Provided, however, That the Judges of the Supreme Court shall be elected by general ticket; and the Judges of the Chancery Court shall be elected by general ticket, or by Districts, as the Legislature may direct.

Section 4. Be it further enacted, That should a vacancy occur in either the Supreme, Chancery, or Circuit Court, by death, resignation, removal, 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 such vacancy shall continue in office from the time he qualifies under his commission, which shall be issued immediately after the final canvass of the votes by which his return is determined: 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 the 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 5. Be it further enacted, That the second section of said act to amend the twelfth clause [Section 12, Article V] of the Constitution of this State, and adopted by the third and fourth General Assemblies as aforesaid, be and the same is hereby abolished; but it is hereby provided that the General Assembly shall, by the concurrent vote of the two Houses thereof at its next regular session, elect some person to fill the vacancy which will occur by expiration of the term of office of that Judge who may draw the two year term, under the provisions of said second section, which is hereinabove declared to be abolished.

Fifth General Assembly. -- Passed the Senate by the Constitutional majority, December 13, 1850. Passed the House of Representatives by the Constitutional majority, December 23, 1850.

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AN ACT to amend the Seventeenth Clause [Section 17] of the Fifth Article [Article V] of the Constitution of this State.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the Seventeenth Clause [Section 17] of the Fifth Article [Article V] of the Constitution of this State be, and the same is hereby, so amended as to read as follows, to wit: 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 fifty-three, and every four years thereafter, or at such times as the General Assembly may by law prescribe, and shall receive for his services a compensation to be fixed by law.

Section 2. Be it further enacted, That such elections shall be held and conducted, and the returns thereof made, in the same manner as is now prescribed by law, or may hereafter be prescribed by law, for the election of member to Congress from this State.

Fifth General Assembly. -- Passed the Senate by the Constitutional majority, December 31, 1851*. Passed the House of Representatives by the Constitutional majority, January 8, 1851.