Florida/Georgia Personal Injury & Workers Compensation

...That since there is no County Solicitor as such in and for Dade County, Florida, by virtue of the powers and duties hereinabove cited relating to the Criminal Courts of Record, said Criminal Court may exercise the same discretion as a Circuit Court under Section 27.16 Florida Statutes [F.S.A.], which provides for the appointment of Acting State Attorneys. "5. This Court under the authority of Pelaez v. State, 144 So. 364, has the authority to appoint an acting `Prosecuting Attorney' to act under either Section 32.17 Florida Statutes, or 27.16 Florida Statutes....

...irect proceeding in Quo Warranto. We therefore turn to the primary issue, the propriety of the assignment of Respondent, Honorable T. Edward Austin, by the Executive Order here challenged. The pertinent statutes are Florida Statutes 27.14, 27.15 and 27.16....

...ist any other state attorney in the discharge of his duties shall immediately proceed to the place designated and assist the state attorney of the circuit in which such place is located in the performance of his duties. (Emphasis added) * * * * * * "27.16 Appointment of acting state attorney....

...d singular the duties of State Attorney of that circuit. Further expression of the legislative intention that the phrase "the duties of state attorney" does not limit itself to the duties concerning one particular case is found in the amendment to F.S. 27.16, added by the same 1969 Legislature which amended and re-enacted F.S....

...r and the people of this State by ratifying Article V have decided that five years experience as a member of The Florida Bar is requisite to the holding of the position as prosecuting officer of the court. This requirement is implicitly contained in Section 27.16, Florida Statutes, which permits the appointment of an acting state attorney....

...McCauley, Circuit Judge, in and for Broward County, Florida from entertaining state prosecution against Petitioner for the alleged crime of rape. The salient question in this case passed on adversely to Petitioner below and posed by him here in these proceedings is: May an acting state attorney appointed pursuant to Section 27.16, F.S....

...17, because he has not been a member of the bar of Florida for five years. The state filed its answer to defendant’s motion to dismiss on April 1, 1974, wherein it stated that on March 11, 1974, Richard Purdy was Acting State Attorney pursuant to Section 27.16, F.S., the order of Judge Reasbeck dated March 8, 1974, and the oath filed March 8, 1974, signed by Richard Purdy; that Richard Purdy has been a member of the bar since May 18, 1970; that the information filed against Harris was signed...

...1, 1974, the State Attorney for Broward County was Phillip Shailer who was a properly elected and qualified constitutional officer and that therefore there was no vacancy in said office to be filled nor was a vacancy filled; that all requirements of Section 27.16 were met .in the appointment of Richard Purdy as Acting State Attorney and said statute is not in conflict with Art....

...17, Fla.Const.; and that the information filed in this cause is legal and proper in all respects. Hearing was held on this motion to dismiss before Respondent who after full consideration of the matter denied the motion to dismiss and found that the appointment of Richard Purdy as Acting State Attorney is in accordance with Section 27.16, F.S., that irrespective of the fact that the said Mr. Purdy has been a member of the Florida Bar for a period of less than five years, he is qualified to properly execute the information filed, that Section 27.16, F.S....

...to serve as Circuit Judges, whereas the Constitution is silent as to the appointment of acting State Attorneys to fill the temporary vacancies of State Attorney. It is the view of this Court that drafters of the Constitution intended Florida Statute 27.16 to control.” Under Art....

...V, § 2(b) the assignment power for temporary judicial duty is restricted to judges who are qualified to perform the *828 duties of the courts to which they are assigned. No analogous restriction for temporary appointments of prosecuting officers appears in the Constitution or Section 27.16, F.S. Section 27.16, Florida Statutes, provides: “27.16 Appointment of acting state attorney....

...He shall sign all indictments and other documents as ‘acting state attorney.’ The power of the appointee shall cease upon the cessation of the inability or disqualification of the state attorney or the completion of the appointee’s duties in any particular case.” (Emphasis supplied.) Section 27.16, F.S....

...Although prohibition is an inappropriate remedy in the instant cause, pursuant to revised Art. V, Section 2(a), this petition may be treated as a petition for writ of habeas corpus if the court finds that Petitioner’s allegations relative to the validity of the information have merit. Section 27.16, F.S....

...onstitutional qualifications for a regular commissioned state attorney for a term of four years or an unexpired portion thereof but not otherwise. It does not relate to a temporarily appointed prosecuting officer appointed by the circuit judge under Section 27.16, F.S. Even without Section 27.16, F.S., the power is inherent in the circuit court to appoint an acting prosecutor from among the members of The Bar. We have held no statute is necessary to the exercise of such inherent power. See Kirk v. Baker (Fla.1969), 224 So.2d 311 , text 317 and 318. Inasmuch as this power is inherent and is recognized by Section 27.16 and has reference only to temporary appointments within the discretion of the circuit court, the circuit judge is not therefore circumscribed in his selection of an attorney to serve as temporary prosecutor by other regulations, constit...

...tional or statutory, which apply to the electoral qualifications prescribed for the eligibility of persons who may be elected state attorney or appointed to that office by the Governor. Neither is the circuit judge restricted either inherently or by Section 27.16 in his temporary appointive power to the qualification criteria prescribed for assistant state attorneys in Section 27.181, F.S....

...Accordingly, the respondents’ motion to dismiss the petition herein for lack of jurisdiction is denied. The central issue raised by the petition and return is whether a judge of a circuit court in Florida has the inherent or statutory authority under Section 27.16, Florida Statutes (1975), to appoint an acting state attorney to represent the State of Florida in an action pending before a federal court....

...The respondent Weinstein was authorized to prepare a rule to show cause for the court’s signature, if appropriate, and to thereafter prosecute the matter before the court. The respondent judge’s authority to enter such an order is not questioned by these proceedings as such an order was eminently proper. Section 27.16, Florida Statutes (1975); Fla.R.Crim.P....

...of Florida in a pending interpleader action. It is this order which is challenged by these quo war-ranto proceedings. The law is well-settled that a circuit court judge in Florida has the inherent authority, as well as the statutory authority under Section 27.16, Florida Statutes (1975), to appoint an acting state attorney to act as a prosecuting officer for the State of Florida in a particular case or cases pending before the said circuit court judge where inter alia the state attorney for that circuit refuses or shall be unable or disqualified to act....

...urt in Florida. Section 16.01, Florida Statutes (1975). A state attorney or an acting state attorney has no such authority because their powers extend solely to representing the state in actions pending before a Florida court. Sections 27.01, 27.05, 27.16, Florida Statutes (1975)....