Introducing ATLASLearn more
Legal Opinion

Ago

Florida Attorney General Reports

Decided February 3, 1977Published

1Opinion of the Court

QUESTIONS:

1. Will acceptance of the resignation of Circuit Judge Stewart F. LaMotte affect his legal status?

2. Will such acceptance make any difference as to his pension and retirement rights?

SUMMARY:

Resignation from a judicial office is not effective until acceptancy by the Governor. In view of the pending constitutionally created removal proceedings, it would be the preferable course to decline acceptance and avoid any intrusion into the judicial process. Under present Florida law, retirement benefits are not extinguished by single acts of resignation or removal from judicial office.

The…

2Cases cited5 opinions

  1. Ferguson v. MaddoxTexas Supreme Court · 1924
  2. In Re Advisory Opinion to GovernorSupreme Court of Florida · 1973
  3. State Ex Rel. Gibbs v. LunsfordSupreme Court of Florida · 1939
  4. State ex rel. Jackson v. CrawfordSupreme Court of Florida · 1918
  5. State of Florida, Ex Rel. v. HeatonSupreme Court of Florida · 1938

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API