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JUDICIAL REVISION
Amendment No.1
Under the Florida constitution, as in all American states
government is divided into three parts: the legislative,
executive, and Judicial. Amendment No. l proposes to re-write
that portion of the Florida constitution which deals with the
Judicial: Article v.
Article v, although amended many times, is basically Just
as it was adopted in 1885. It establishes our Supreme Courts
and all other courts, and defines their powers; it provides
for the qualification and election of Judges; it creates the
offices of Sheriff, Justices of the Peace, constable, states
Attorney.
Amendment No. l rewrites all 5% sections of the present
Article v into 26 sections better arranged, with many obsolete,
contradictory provisions left out. Nevertheless, the basic
changes it makes are very few:
1. It establishes 3 new courts, called District Courts of
Appeal, each with 3 Judges. If you adept this amendment the
1957 Legislature will divide the state into 3 districts, and
there will be one District Court for each district. When a
plaintiff or defendant in a trial court is dissatisfied, he will
in most cases appeal to the new District Court instead of to the
Supreme Court as he now does.
2. It makes the Chief Justice of the Supreme Court the
chief administrative officer of the entire Judicial system,
'relieving the Governor of some of his duties and centralizing
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administnation of the courts in the Chief Justice.
3. The supreme Court is given authority to prescribe
rules for practice and procedure in all courts.
Some of the results of the adoption of this amendment are:
1. It will relieve the Supreme Court of some or its work
load, speeding decisions, and improving their quality.
2. It will put the administration of the court system
into the hands of a man familiar with its problems, removed from
politics, and trained to handle them.
3. Doubts about the meaning of various provisions of the
present Article v, resulting from poor language, obsolete pro-
visions, and inconsistencies, will be removed.
h. It will add to the cost or government, because nine
more Judges, with their clerks, marshalls and stenographers,
must be paid, and their operating expenses met.
5. Needed reforms in the lower courts are not made, and
the public may be reluctant to revise Article V again in the
near future to provide that reform.
AMENDMENT NO. 6
Amendment No. 6, if adopted, will provide a second Judge
for the Criminal Court of Record of Duval County. At present,
the Constitution allows only one, and although the legislature
has by statute established a provisional Criminal Court in
Duval County, its Jurisdiction is limited.
The result of the adoption of this amendment for Duval
County will be to reduce the work load on the present Judge,
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speed Justice, and improve its quality. There will be a small
additional cost.
The problem created by the great burden on the Criminal
Court of Record of Duval County will also be solved by Amend-
ment No. 1, which provides that the legislature may, for a
county the size of Duval, provide the extra Judge established
by this Amendment No. 6.
Amendment No. 7
Amendment No. 7 provides for the abolition of the office
of County Solicitor in Dade County, and the transfers of his
duties and budgeted funds to the States Attorney. The result
will be to consolidate functions and reduce confusion caused
by over-lapping functions.
This Amendment contradicts Amendment No. l, which estab-
lishes and provides for the election or a prosecuting attorney
for the Criminal courts of Record.
Amendment No. 12
Amendment No. 12, if adopted, will permit civil Jury
suits to be tried in St. Petersburg, as well as in Clearwater,
Pinellas county. Clesrwster is the county seat, where trials
in all other counties are held, but St. Petersburg is the
center of population, and therefore more conveniently located
for most witnesses, litigants, Jurors and lawyers.
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-2-. aun11riistrat.lori of 1.be courts in the Chief Justice. 3, The Supreme court is given authority to preiscribe rules for practice ar:d proepdure irt all courts, sollie of the results of the adot-tion of this an.oriarr.erit are: 1. I". will re 110'/0 the Suprenie Court of sorte of its work load, speectrig uecisions, anc improvirar their quality. 2. It will put the adntinistratiori of the cour-. systerr into 1.he har.ca of a ina.n faml11ar wi th its ; problem, removed from polities, and trairted to chance ther:1. 3, Doubts about 1.be meardrts of various provisions of the i.resent Article V, resultig from poor larit-uage, obsolete gro, visions, and 111aonsistencies, will be removed. E. It will add --o t.he cost of rrovernraertt., ceca-ase Dirie more judges, with the5 r clerks, niarshalls arm ster.o..'raphers, ntu3t be pala, and their op.orating expenses met. 5. Needed refor-r.s in the lower courts are not niade, ar.o the public inay br. reluctartt to revise Article 'I as-alli in Lee near future to provide that reform. AM19ICKKIK NO, 6 Amendmerit No. 6, if adopted, will provide a diecoric: juege for the Criritinal Court of Record of 1)uval County. At present, the Constitution allows only one, and although the le;-101amre has by stamte established a Provisiortal Criinir-al Court in T:uval Cou::ty, its Jurisdiction is liritited, The result of the adoptio:1 of this aritendment for Juval County will be to reduce the work load ori the pensertt. jui_-e,
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