Florida Escambia Court of Record, Amendment 4 (1906)

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IIIIIIIVVVIVIIVIIIIXXXIXII

The Florida Escambia Court of Record Amendment was a legislatively-referred constitutional amendment in Florida which was defeated on the ballot on November 6, 1906.

This amendment sought to modify Article V of the Florida Constitution to establish a Court of Record in Escambia County.[1]

Election results

Florida Amendment 4 (1906)
ResultVotesPercentage
Defeatedd No8,80661.23%
Yes 5,577 38.77%

Election results via: Report of the Secretary of State of the State of Florida (1905-1906)

Text of measure

The language that appeared on the ballot:

Constitutional Amendment—Sections 40, 41, 42, 43, 44, 45, 46 and 47, of article 5—Establishing a Court of Record in Escambia County.[2][3]

Constitutional changes

Section 40. There shall be established in the county of Escambia, whenever the voters of said county shall so determine by a majority of the votes cast, on the question at any general election, a court of record and there shall be a judge of said court who shall be appointed by the Governor and confirmed by the Senate who shall hold his office for six years and whose salary shall be two thousand, five hundred dollars a year, payable quarterly by the county of Escambia. The criminal court of record now established in Escambia county shall, upon the adoption of these amendments, become and be the court of record as herein provided and all officers of such criminal court of record shall be officers of such court of record and discharge the duties and receive the emoluments of such until the expiration of their present term of office.

Section 41. The said court and judge shall have exclusive original jurisdiction of all criminal cases, not capital, which shall arise in Escambia county, and shall have in Escambia county, concurrent with the Circuit Court and Circuit Judge of said county, the same original jurisdiction of all other cases and matters as the circuit court and circuit judge of said county, and the same power to issue writs of mandamus, injunction, quo warranto, certiorari, prohibition, habeas corpus and all writs proper and necessary to the complete exercise of their jurisdiction as the circuit court and circuit judge of said county, except the power and authority to summon and empanel a grand jury.

Section 42. There shall be six terms of said court in each year.

Section 43. There shall be for said court 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 44. 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 said county may indict for any offense triable in the court of record. Upon the finding of such indictment the circuit judge shall commit or bail the accused for trial in the court of record, which trial shall be upon information.

Section 45. The clerk of said court shall be elected by the electors of Escambia county and shall hold office for four years, and his compensation shall be fixed by law. The sheriff of Escambia county shall be the executive officer of said court, and his duties and fees shall be fixed by law.

Section 46. The same rules of procedure and practice which obtain in the circuit court of the county shall obtain in the court of record, and all laws relative to criminal courts of record, except as otherwise provided herein, shall apply to and control the court of record. Change of venue may be had from the court of record to the circuit court of another county for the same causes, and under the laws providing for changing the venue from the circuit court of one county to the circuit court of another county. The Governor, may in his discretion, order the circuit judge of Escambia county or of any other county to hold one or more terms or parts of terms of the court of record. Any civil cause in the court of record may be tried before a referee, or in case of the disqualification of the judge of the court of record, may be tried by a judge ad litem, or may be transferred to the circuit court of Escambia county or of any other county, in the same way and according to the same provisions as govern such proceedings in the circuit court of Escambia county.

Section 47. The Supreme Court of the State shall have appellate jurisdiction in all cases at law and in equity originating in the court of record, and in cases of conviction of felony in the court of record. The circuit court of Escambia county shall have final appellate jurisdiction of all misdemeanors tried in the court of record. All appeals or writs of error prosecuted from the court of record, whether to the Supreme Court or Circuit Court, shall be prosecuted in the same way and according to the same rules as govern such proceedings from the Circuit Court to the Supreme Court.[1]

Path to the ballot

  • The amendment was placed on the ballot by Joint Resolution 3 of 1905.
  • The amendment was approved for the ballot on June 6, 1905.[1]

See also

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Suggest a link

External links

References

  1. 1.0 1.1 1.2 Florida Constitution Revision Commission, "Amendments, Election of 11-6-06"
  2. The Pensacola Journal, "Sample Ballot," November 4, 1906
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.