Legal Opinion · Concurrence

Inquiry Concerning A Judge, re Holder

Supreme Court of Florida

Decided December 7, 2006No. SC03-1171Published

1ConcurrenceLewis, C.J.

I concur in result only based on my belief that the majority opinion violates the fundamental maxim of judicial restraint which dictates that “[w]hen a case may be resolved on grounds other than constitutional grounds, the Court will ordinarily refrain from proceeding to decide the constitutional question.” Fla. Bar v. Gold, 937 So.2d 652, 655 (Fla.2006); see also Gaudet v. Fla. Bd. of Prof'l Eng’rs, 900 So.2d 574, 581 (Fla. 4th DCA 2004). The United States Supreme Court has endorsed and utilized this maxim as well, concluding that prior to reaching any constitutional questions, courts must…

2Cases cited7 opinions

  1. Jean v. NelsonSupreme Court of the United States · 1985
  2. In Re Estate of SaleSupreme Court of Florida · 1969
  3. American Foreign Service Assn. v. GarfinkelSupreme Court of the United States · 1989
  4. Metropolitan Dade Cty. Ta v. State Dept. Hs & MvSupreme Court of Florida · 1973
  5. The Florida Bar v. GoldSupreme Court of Florida · 2006

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