Request for Oaths, appointment/election certifications, acceptance letters - Florida

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Bob Hurt

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Jun 19, 2006, 7:31:11 PM6/19/06
to Suzie Still

Suzie Still:

I’m writing to request copies of the oaths and certificates of appointment or election for several Florida officials.  I know copies used to cost 15 cents per page.  Will you notify me of the current cost, payee, and remittance address?  I agree to pay the cost.  I do not need certified copies.

·         Florida Governor Jeb Bush

·         Florida Attorney General Charlie Christ

·         Florida Supreme Court Chief Justice Barbara Pariente

·         6th Judicial Circuit Chief Judge David A. Demers

·         6th Judicial Circuit Senior Judge David Seth Walker

·         6th Judicial Circuit Judge Crockett Farnell

·         6th Judicial Circuit State Attorney Bernie McCabe

·         Pinellas County Clerk Ken Burke

·         Pinellas County Sheriff Jim Coats

 

  1. I hereby request one copy of the current oath for the current term of office for each of the above people.
    1. I realize a Senior Judge is appointed by the Supreme Court and not elected, but even so, that judge cannot serve without a current oath, and the oath of a previous term has no validity for that purpose. 
    2. I realize the Chief Justice was appointed, not elected, to the Supreme Court.  Even so, we citizens have constitutional entitlement to see a Supreme Court justice’s oath.  I’m guessing you can lay your hands on it.  If not, let me know how I can obtain a copy.
  2. I hereby request one copy of the most recent elector oath for each of the above people.  The law requires all judges to be electors before they can be judges, and the law requires all electors to swear an oath to support the Constitution.  Without seeing those oaths, I cannot verify valid elector status.
  3. I hereby request one copy of the bar association oath for each of the above people, with the exception of the Governor and Sheriff, who are not attorneys.  All judges are required to be bar members for 5 or 10 years in order to qualify as judicial candidates.  Without seeing those oaths, I cannot verify valid bar membership
    1. I realize, because of having tried to get attorneys’ bar admission oaths that the Bar Examiner does not permit anyone to obtain a bar oath if that person is not a member of the bar, and then they charge $30 for a certified copy.  However, since the admission to the bar requires the oath, and since judicial candidacy requires bar membership, the bar oath must therefore exist in the class of a non-exempt “public record,” and Article I Section 24 of the Florida Constitution entitles me to examine and obtain a copy of that record.  I imagine getting that oath will be about as easy as pulling a chicken’s teeth, but I hereby request those oaths for all of the above people except the Governor and Sheriff.
    2. I hope you do not have to go to battle with Supreme Court Clerk Tom Hall or the Bar Examiner, but if that’s what it takes, so be it.  I can’t help it if they’re stubborn or unlawful in granting access to non-exempt records.
    3. In the future, how can I obtain the bar oath of a practicing attorney through my constitutional public records rights?
  4. I hereby request one copy of the current certificate of election or appointment for each of the above people, along with their letters of acceptance, if any.
  5. Financial Statements - I have questions about other candidacy requirements for judges. 
    1. The law requires them to submit personal and (if elected) campaign financial statements.  Since the state legislature has failed to enact a surety bond law for elected officials, the filed financial records become a substitute for the surety bond in the event the official injures a citizen through criminal behavior or malfeasance.  Therefore, such financial records should be thoroughly examined for discrepancies and violations prior to allowing the official to remain in office.
    2. Who performs those examinations, and where and in what form do they attest that the financial statements show the candidate has complied with the law’s requirements?
    3. Can I also obtain copies of personal and financial statements from you for elected officials?  If so, what is the typical size of the statement in number of pages, and what does a copy cost?
  6. Oaths of non-elected state and county employees and law enforcement personnel.  It is important for citizens to gain fast access to oaths of public servants, particularly those in a fiduciary or authority position. 
    1. The U.S. Constitution and Florida Constitution both require all public officers in Florida to swear or affirm an oath to support the Constitution.  I’m guessing all employees of state and county governments must do the same, but I don’t know. 
    2. If not, then the lowest ranking officer above them has the obligation of oath-responsibility for their behavior because if they violate the oath the officer swore, then that is the same as a violation by the officer.  In any case, I believe every state trooper, municipal policeman, and deputy sheriff must swear the oath. 
    3. How do I obtain copies of such oaths even though such people are hired or appointed, but not elected? 
    4. For example, if I provide you with the name of a Deputy Sheriff who now serves as a bailiff in the 6th Judicial Circuit, can you supply me with a copy of that officer’s oath?
    5. If not, where do I obtain a copy?

I thank you sincerely for your help. 

 

 

 

Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763
727-669-5511
 

 

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