In Re Investigation of Circuit Judge

93 So. 2d 601
CourtSupreme Court of Florida
DecidedFebruary 27, 1957
StatusPublished
Cited by23 cases

This text of 93 So. 2d 601 (In Re Investigation of Circuit Judge) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Investigation of Circuit Judge, 93 So. 2d 601 (Fla. 1957).

Opinion

93 So.2d 601 (1957)

In re INVESTIGATION of a CIRCUIT JUDGE of the ELEVENTH JUDICIAL CIRCUIT of Florida.

Supreme Court of Florida, En Banc.

February 27, 1957.

*602 Richard H. Hunt, Miami, for petitioner.

Francis P. Conroy and Jack F. Wayman, Jacksonville, for The Florida Bar, respondent.

TERRELL, Chief Justice.

Article XI, Integration Rule of The Florida Bar, 31 F.S.A., will hereinafter be referred to as the Integration Rule, and Board of Governors of The Florida Bar will hereinafter be referred to as the Board of Governors. Pursuant to the Integration Rule the Board of Governors subpoenaed petitioner to appear before it on the 15th day of December, 1956, 9:30 a.m., at the Gables Room of the Key Biscayne Hotel in the City of Miami to then and there testify as to certain charges for the purpose of determining whether or not there exists probable cause that the said petitioner is guilty of unprofessional conduct in violation of subd. 2, Article XI, Integration Rule, Canon 29 of the Canons of Ethics Governing Attorneys and the Canons of Ethics Governing Judges, 31 F.S.A., both of which were adopted by the Supreme Court of Florida January 27, 1941.

December 10, 1956, petitioner moved this Court to quash said subpoena, to enter an order declaring the Board of Governors to be without jurisdiction to apply or enforce the disciplinary provisions of the Integration Rule against him in his status as Circuit Judge, and in and by said order quashing said subpoena so issued and served upon petitioner and his wife, suppress and invalidate the notice of hearing dated October 4, 1956. Petition further prayed that in the event this Court did not determine the issues presented by said petition prior to December 15, that it enter its order commanding the Board of Governors to desist from further proceedings against petitioner pending determination of the questions raised in the cause. Said petition was heard December 12, 1956, supersedeas was denied and the case was set for hearing on the merits before this Court en banc January 9, 1957.

On the merits petitioner contends that the Integration Rule confers no authority upon The Florida Bar or its Board of Governors to challenge the judicial conduct *603 of petitioner or to discipline him as a Circuit Judge for unprofessional conduct.

The primary support for this contention is Section 29, Article III of the Constitution, F.S.A., particularly the latter part thereof reading as follows: "The Governor, Administrative officers of the Executive Department, Justices of the Supreme Court, and Judges of the Circuit Court shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit under the State; but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punishment according to law."

The following provisions of the statutes and Constitution petitioner says contain secondary support for his contention: (1) Section 1, Article V of the Constitution relating to co-equal origin of Circuit and Supreme Courts: (2) Section 5, Article V of the Constitution clothing the Supreme Court with appellate jurisdiction in causes emanating from the Circuit Courts, as well as jurisdiction to issue designated extraordinary writs; Section 11, Article V of the Constitution clothing Circuit Courts with exclusive original jurisdiction in certain matters including intermediate appellate functions; (3) under Section 6, Article V of the Constitution Circuit Judges may be called to sit on the Supreme Court in case a Justice thereof is disqualified or otherwise disabled to sit. This provision is implemented by Section 25.08, Florida Statutes, F.S.A., result of which Circuit Judges serve as associate justices of the Supreme Court; (4) Section 25.03, Florida Statutes, F.S.A., authorizes the Supreme Court to promulgate rules relating to pleading and practice for all courts in the state but it does not interfere with the internal government of the Circuit Courts. The real purpose of these secondary supports for petitioner's contention is to show the separate and independent origin and functions of Circuit and Supreme Court and call attention to the reason why Supreme Court and Circuit Judges with the Governor and administrative officers of the Executive Department were subject to impeachment while all others were subject to removal by the Governor on consent of the Senate.

The Integration Rule, says petitioner, was designed to promote high standards of justice, to improve its administration and has exclusive application to persons admitted to and who are engaged in the practice of law, that a Circuit Judge or Judge of any constitutional court, being prohibited from practicing law during his tenure of office and subject to removal from office by the sole power of impeachment, is not an integrated lawyer and may not be disciplined, proceeded against or removed from office in any manner other than impeachment. In support of this contention petitioner points out that the Integration Rule was provided to "govern the conduct of members of The Florida Bar in their capacity as attorneys and shall govern all proceedings for discipline of such members." It also provides that membership in the bar shall be limited to persons admitted to practice law in Florida, and that no person shall engage in the practice of law unless he is "an active member of The Florida Bar" in good standing, that a Circuit Judge in Florida is not permitted to practice law and consequently cannot be an active member of the bar and cannot qualify as a member of The Florida Bar in the capacity of attorney. See Perry v. Bush, 46 Fla. 242, 35 So. 225.

Inspection of applicable provision of the Constitution discloses that judgment in case of impeachment consists only in removal from office and disqualification to hold any office of honor, trust or profit under the state but the party convicted or acquitted shall be subject to indictment, trial and punishment according to law. The House of Representatives is clothed with the sole power to impeach and all impeachments are tried by the Senate. *604 Since the House of Representatives is clothed with the sole power of impeachment, it necessarily follows that it has the power to determine whether the charges brought against one amount to a "misdemeanor in office" as contemplated by the Constitution. It matters not what charge may be lodged against a judge, to be ground for impeachment it must amount to "misdemeanor in office." Is "misdemeanor in office" bounded by the definition of misdemeanor used in the statute or at common law or may it include breach of judicial duty or other impropriety in office? A bill of particulars, or list of the charges against petitioner, is attached to petition but they will be discussed later so we will make no further reference to them at this time.

The law is well settled that when a judge is regularly admitted to practice law and is later elected or appointed and is acting as circuit judge, whatever right as attorney or counselor at law he may have been clothed with by virtue of admission to the bar, and whatever may have been his eligibility to do so was held in suspension during his incumbency on the court and he could not exercise the privilege during the time he held such office. Perry v. Bush, supra; State Bar of California v. Superior Court in and for Los Angeles County, 207 Cal. 323, 278 P. 432; In re Silkman, 88 App.Div. 102, 84 N.Y.S. 1025, 1027; Chambers v. Central Committee of the Oklahoma Bar Ass'n, 203 Okla. 583, 224 P.2d 583.

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Bluebook (online)
93 So. 2d 601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-investigation-of-circuit-judge-fla-1957.