Advisory Opinion To The Governor: Sheriff And Judicial Vacancies Due To Resignations – Corrected Opinion

Supreme Court of Florida

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No. SC06-668

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ADVISORY OPINION TO THE GOVERNOR RE: SHERIFF AND JUDICIAL VACANCIES DUE TO RESIGNATIONS

[May 4, 2006]

CORRECTED OPINION

The Honorable Jeb Bush

Governor, State of Florida

The Capitol

Tallahassee, Florida 32399

Dear Governor Bush:

By letter dated April 19, 2006, you requested our opinion on two questions of constitutional interpretation involving your executive powers and duties. This request and our response are pursuant to article IV, section (1)(c) of the Florida Constitution.[1] One question involves a judicial vacancy created by the resignation of a circuit court judge. The other question pertains to a vacancy created by the intended resignation of a county sheriff. Upon receipt of your letter, we issued an order allowing interested parties to file briefs on an expedited basis.[2] We address your questions regarding the judicial vacancy and sheriff vacancy separately below.

JUDICIAL VACANCY

You state in your letter that Judge Gene R. Stephenson, who is serving a term that expires on January 2, 2007, tendered his resignation on April 5, 2006, with a future effective date of May 31, 2006. You accepted his resignation on April 14, 2006.

Because Judge Stephenson's seat would have been up for election this year had he not tendered his resignation, the Department of State sent out the statutory notice of general election for this vacancy on April 12, 2006. The qualifying period for this seat is from May 8, 2006, through May 12, 2006. See § 105.031(1), Fla. Stat. (2005) (â€