UF00083581_00004.pdf

UF00083581_00004.txt

UF00083581_00004_pdf.txt

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Honorable Farris Bryant
Ocala
Florida

Dear Ferris:

Section 17(1) of Article V of the Constitution
provides:

"All Justices and judges shall automatically
retire at age seventy.

Section 26(1)) provides:

"The provision for automatic retirement in
Section 17 of this Article does not apply
to any person now holding office."

we have a County Jud e approaching seventy years or

a who was not in o fice at the tine of the ado tion
o Article V. he also have a Circuit Jud in {ice
who was not on the Circuit bench at the t e of the
adoption of the article but who was a County Judge at
such time.

I an satisfied that Dick Ervin would be happy to answer
some questions concerning the interpretation of those
sections {or you, and your supporters over here would
certainly like to know the answers to some of these.
while we hsve a friend on the County Judge's bench, the
Circuit Judge is s nortsl enemy of practically everyone
who supported you.

The questions are:

1. Must a Judge to when Secton 17 applies autonetically
retire upon attaining his seventieth birthday?

2. Does this apply to County Judges?

(IO!!! (9

PA 1,}

(Itll

2

Rumble Ferris Dry-at
July 11. 1960

3. boot this up? to e Circuit Judge who use not
on the Oil-cu t bench at the tine or the wage

or Article V out who uee a County Judge at such

time?

L. m: ie the prooodure for brim eutoutic
retth into operation it udge does not
voluntarily etep down? (There t to be none
meme other than quo narrate. 11 e cutting off
his pey and appointing a new Judge.)

Cordi ly.

TIC/me




PAGE 1

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PAGE 2

moratie Farris bryant ly ll, 1960 .Does te.is aeply to si Circuit Judge who was not on the Circuit bench at the ti:ee of the parisare of Artici.e v but. who was a Ct..unt.y Judge at such time? Onat is the proceaure forbringing automatic retirer.ent into operation if the jut!ge does not voltatarily step down? (There ought to be same me.ins other th.e quo warranto, like Cistti.g off Ms r:iy anc u -eittinr -men judge, j ^or