CopyCited 24 times | Published | Supreme Court of Florida
...Const., art. V, § 17, F.S.A. Each Assistant State Attorney so appointed serves during the pleasure of the State Attorney appointing him. This means that an assistant may be discharged or replaced at the will or pleasure of the State Attorney. Fla. Stat. § 27.181, F.S.A....
...ry may be assured that vast power will not be abused. On the other hand, Assistant State Attorneys are appointed *294 by the State Attorney, serving at his pleasure, and responsible only to him. Experience is not a requisite to their appointment. (F.S. 27.181(2)) While the office of State Attorney is a constitutional office, the office of Assistant State Attorney is a creature of statute....
...The vacuum of authority is not filled by F.S. 27.324 which provides that Assistant State Attorneys, properly appointed, are vested with all the powers, duties and responsibilities of State Attorneys. It is obvious that that statute, when read in para materia with F.S.
27.181 and F.S.
27.255 is intended to vest Assistant State Attorneys with the power, duties and responsibilities of their appointing State Attorney while performing their duties in the circuit of their appointment." Fla. Stat., §
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 t...
...ate attorney. An assistant state attorney serves only "during the pleasure of the state attorney appointing him." He has authority to "discharge all of the duties of the state attorney appointing him, under the direction of said state attorney... ." Section 27.181(2), (3), Florida Statutes....
CopyCited 22 times | Published | Florida 4th District Court of Appeal
...State, 21 Ga. App. 244, 94 S.E. 72; Williams v. State, 69 Ga. 11, 28. * * *" Mach v. State, 1964, 109 Ga. App. 154, 135 S.E.2d 467. As the population of this state increased it became apparent that assistants other than those provided for by F.S.A. § 27.18 [3] entitled "Assistant to state attorney" were necessary in order for the state attorney to perform all the powers and duties prescribed by law....
...§
905.19 "Duty of prosecuting attorney. The prosecuting attorney or assistant prosecuting attorney shall attend the grand jurors for the purpose of examining witnesses in their presence, or of giving grand jurors legal advice regarding any matters cognizable by them. * * *" [3] F.S.A. §
27.18 "Assistant to state attorney....
CopyCited 8 times | Published | Supreme Court of Florida | 1950 Fla. LEXIS 1596
...We have heretofore pointed out that Section
905.23, F.S.A., requires that all indictments should be signed by the State Attorney or the acting State Attorney. It would hardly be possible to write this command in more direct and positive terms. 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 oaths....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5818
...ictments. One Fletcher, who was an attorney at law and who admittedly drafted the indictments in question, was present before the Grand Jury and testified as a witness for the State. He was not a duly designated Assistant State Attorney, pursuant to § 27.181, Fla. Stat., F.S.A., 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 Assistant, pursuant to the provisions of § 27.-18, Fla.Stat., F.S.A. It also does not appear that even if Fletcher was a duly authorized Assistant to the State Attorney, pursuant to § 27.18, Fla.Stat., F.S.A., that he took the necessary oath of secrecy at any time prior to his appearing as a witness before the Grand Jury....
