27.18
Assistant to state attorney.
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27.18 Assistant to state attorney.—The state attorney, by and with the consent of court, may procure the assistance of any member of the bar when the amount of the state business renders it necessary, either in the grand jury room to advise them upon legal points and framing indictments, or in court to prosecute criminals; but, such assistant shall not be authorized to sign any indictments or administer any oaths, or to perform any other duty except the giving of legal advice, drawing up of indictments, and the prosecuting of criminals in open court. His or her compensation shall be paid by the state attorney and not by the state.
History.—s. 1, ch. 2099, 1877; RS 1355; GS 1791; RGS 3021; CGL 4757; s. 127, ch. 95-147.
Notes of Decisions
Cited in 6
cases, 1950–1975 · leading case: Dotty v. State
Dotty v. State (1967)
“The legislature took cognizance of this situation and enacted in 1935 Chapter 16784 of which Section 1 of the said chapter became and is now F.”
Austin v. State Ex Rel. Christian (1975)
“, § 27.18, F.S.A., contains the following provision: "The state attorney, by and with the consent of court, may procure the assistance of any member of the bar when the amount of the state business renders it necessary, either in the grand jury room to advise them upon legal…”
Sullivan v. Leatherman (1950)
“Then Section 27.18, F.S.A., provides that when the State's business requires, the State Attorney with the Court's consent, may call other counsel to his aid, but such assistants are prohibited from performing any sovereign powers such as signing indictments or administering…”
State v. Papy (1970)
“, and the record does not reveal that he was qualified as an Assistant to the State Attorney, pursuant to the provisions of § 27.18, Fla.Stat., F.S.A. And further, there is no showing that the presiding circuit judge duly authorized his attendance before the Grand Jury as an…”
Wright v. Weissbuch (1958)
“See section 27.18, Florida Statutes. There is nothing in the Act which renders counsel and advice which he gives “ultra vires” or beyond the scope of his authority simply because it does not correspond with the judgment of his superior.”
In re Castro (1975)
“” §27.18 provides — “The state attorney, by and with the consent of the court, may procure the assistance of any member of the bar when the amount of the state business renders it necessary, either in the grand jury room to advise them upon legal points and framing indictments,…”
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