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wIne-a/ee-n-it-te-reusHear-■ v mm inTALLAHASSEE, Fla. (AP— Miami Municipal judge Arthur Huttoe asked the Florida Supreme Court Thursday to affirm his election lo the circuit Judgeship being vacated by Supreme Court candidate Hal Dekle.Under terms of the 1370 “resign to run lav, which requires office holders to submit resignations before seeking higher office with a concurrent term, Huttot would appear to be well within the law.“Clearly this office Is open for election and has been filled by election by the people of this circuit, Huttoe’s attorney, Kay Pearson of Miami, told the high court.The judge asked for an advisory opinion just In case any complications should arise from a state law that gives the governor power to appoint judges to fill vacancies created by resignation.However* the resign to run law provides that the resignation Is not effective until after the election, usually on the first Tuesday after the first Monday Ln January, the day most elected officials take office.Huttoe and Dekle are assured election as each has won his Democratic primary and faces no Republican opposition in the November election.Ihe seven Supreme Court Jus tlces grilled Huttoe at length in attempting to examine all sides of the question. They will render a decision later.Justice Harris Drew indicated he thought the “resign to run law might conflict with the constitutional provision specifying t h e governor's appointment powers.I don’t think It's within the power of the Legislature lo change the Constitution, he said.Justice Joe Boyd said the court has upheld constltutlonal-MIV%IIVII {who wanted to be a Supreme Court candidate without resigning-In another matter, Gerald Mager, legal aide to Gov. Claude Kirk, asked the court to advise the governor on whether new judges named because of the 1970 census could be appointed to two or six year terms.RtcstwtaITMq'fivXI«'la'bltotosiCrcclVeitl«eiScrcrathm
Newspaper Details
Playground Daily News
Fort Walton Beach, Florida, US
Fri, Sep 11, 1970
Page 6
Full Page
Clipped by
Ronald S.
USA 24 Apr 2017
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