Florida Amendment 2, State Judiciary Amendment (1952)
| Florida Amendment 2 | |
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| Election date |
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| Topic State judicial authority and State judiciary structure |
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| Status |
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| Type Legislatively referred constitutional amendment |
Origin |
Florida Amendment 2 was on the ballot as a legislatively referred constitutional amendment in Florida on November 4, 1952. It was defeated.
A “yes” vote supported increasing the number of Justices on the state Supreme Court to ten and making other changes regarding the operation of the judiciary. |
A “no” vote opposed increasing the number of Justices on the state Supreme Court to ten and making other changes regarding the operation of the judiciary. |
Election results
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Florida Amendment 2 |
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| Result | Votes | Percentage | ||
| Yes | 103,531 | 26.08% | ||
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293,474 | 73.92% | ||
Text of measure
Ballot title
The ballot title for Amendment 2 was as follows:
| “ | No. 2 CONSTITUTIONAL AMENDMENT ARTICLE V Proposing an amendment to Article V relating to the Judicial Department, repealing Sections Two (2), Three (3), Four (4), Five(5), Six(6), Seven (7), Eight (8), Forty-four (44) and Forty-nine (49) thereof and inserting in lieu thereof Sections Numbered Two (2) to Eight (8) inclusive. Said Sections provide for increasing the number of Justices of the Supreme Court to Ten (10) and pertaining to the organization, powers and jurisdictions of the Supreme Court, the assignment of Judges to hear and determine cases and eligibility of retired Justices and Circuit Judges for call to temporary active duty. | ” |
Full Text
The full text of this measure is available here.
Constitutional changes
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Section 2. Supreme Court; Number of Justices; Term; Compensation; Appointment and Election of Justices. (a) On and after the first day of December, 1952, the Supreme Court shall consist of ten (10) Justices. Except as provided in subsection (b) hereof, the Justices of the Supreme Court shall hold office for the term of six years; but no term of any Justice holding office prior to the ratification of this amendment shall be affected by the provisions hereof. The Justices of the Supreme Court shall receive for their services such compensation as may be fixed by law. (b) On or after the first day of December, 1952, the Governor shall appoint a qualified person to fill the vacancy in each of the three additional offices of Justice hereby created, for a term extending only to the first Tuesday after the first Monday in January following the next succeeding general election. A successor to each such additional Justice shall be elected by the qualified electors of the State at the times and places of voting for members of the Legislature at the next succeeding general election following such appointment; one of whom shall be elected for a term of two years, one for a term of four years, and one for a term of six years. Thereafter, the successor to each such additional Justice shall be elected for a term of six years. (c) Except as provided in subsection (b) hereof, each Justice of the Supreme Court shall be elected for a six-year term by the qualified electors of the State at the times and places of voting for members of the Legislature, at the general election next preceding the expiration of each term of such office; provided, that in the event of a vacancy in the office of any Justice and there be an unexpired term, the successor shall be elected only for the balance of the unexpired term. Section 3. Judges; Qualifications. No person shall ever be appointed or elected as a Justice of the Supreme Court, or Judge of a Circuit Court or Criminal Court, who is not at least twenty-five years of age, a citizen and resident of Florida, and an attorney at law duly licensed to practice in Florida. Section 4. Supreme Court; Quorum; Division; Chief Justice, Selection, Powers and Duties. (a) A majority of the Justices of the Supreme Court shall constitute a quorum for the dispatch of business, except as hereinafter provided in this section. (b) All cases involving capital punishment, or the determination of a State or Federal constitutional question wherein shall be brought into controversy the constitutionality of a Federal or State statute, rule, regulation or municipal ordinance, shall be considered and determined by the Chief Justice and not less than six other Justices of the Court designated by him; and a judgment concurred in by a majority of the Justices considering the case shall be the judgment of the Court. (c) All other cases may be considered and determined by a division of the Court consisting of not less than three Justices and the judgment of a majority of any such division shall be the judgment of the Court. (d) The Chief Justice shall from time to time be selected by the Justices of the Supreme Court to serve for such term of office as they shall determine. He shall be the Chief Administrative officer of all Courts of the State, and it shall be his duty to see that litigation in the Courts of the State is dispatched promptly. He shall have the exclusive power to direct a Judge of any Court to serve temporarily as judge in a coordinate or inferior court; and it shall be the duty of every judge to obey such direction unless excused by the Chief Justice for sufficient cause. Section 5. Jurisdiction of Supreme Court. 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. The Supreme Court shall have the power to make rules governing the administration of all courts in the State, and the practice and procedure in all such courts. The Supreme Court shall have jurisdiction over the admission to the practice of law and the discipline of persons admitted. Section 6. Eligibility of Circuit Judges to Serve Temporarily as Associate Justices of Supreme Court. Circuit Judges may be called by the Chief Justice for temporary duty on the Supreme Court to act in the place and stead of any absent, disqualified or disabled justice, or to help relieve congestion of the Court docket; provided that a division of the Court shall not include more than one such Judge. Section 7. Eligibility of Retired Justices and Circuit Judges to Serve Temporarily as Substitute Justices and Judges. (a) Justices of the Supreme Court and Judges of the Circuit Courts who have retired with compensation may be called by the Chief Justice for temporary duty on the Supreme Court to act in the place and stead of any absent, disqualified or disabled Justice, or to help relieve congestion of the Court docket; provided that a division of the Court shall not include more than one such Justice or Judge. While on temporary duty with the Supreme Court such Justice or Judge shall have the same powers and jurisdiction, with respect to matters referred to him for consideration as an active Justice of the Supreme Court. (b) Justices of the Supreme Court and Judges of the Circuit Courts who have retired with compensation may be called by the Chief Justice for temporary duty in a Circuit Court, to act in the place and stead of any absent, disqualified or disabled judge or to help relieve congestion of the Court docket. While on temporary duty pursuant to such call such retired Justice or Circuit Judge shall have the same powers and jurisdiction as an active Judge of the Court to which he has been assigned. (c) No retired Justice or Circuit Judge shall be required to serve without his consent. Section 8. Clerk; Marshal; Librarian. The Supreme Court shall appoint a Clerk, who shall be the reporter for the Court and perform such other duties as the Court may direct. The Supreme Court shall appoint a Marshal, who shall have the power, and be obligated, to execute all orders of the Court, including orders of arrest. He shall perform such other duties as the Court may direct. The Supreme Court may appoint a Librarian whose duties shall be defined by the Court. The salaries of such officers shall be fixed by law and such officers shall hold office during the pleasure of the Court. |
Path to the ballot
- See also: Amending the Florida Constitution
A 60% vote was required during one legislative session for the Florida State Legislature to place a constitutional amendment on the ballot. That amounted to a minimum of 51 votes in the Florida House of Representatives and 18 votes in the Florida State Senate, assuming no vacancies. Amendments did not require the governor's signature to be referred to the ballot. Amendments on the ballot required a simple majority vote in this year.
See also
External links
- Florida Constitution Revision Commission, "Florida's Constitutions: The Documentary History"
- Sarasota Herald-Tribune, "SAMPLE BALLOT GENERAL ELECTION," November 4, 1952
Footnotes
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