IN RE INVOLUNTARY RETIREMENT OF COUNTY COURT JUDGE JACK COURTNEY
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The Florida Supreme Court approved the Judicial Qualifications Commission's recommendation to involuntarily retire County Court Judge Jack Courtney due to permanent physical disability that prevents him from performing his duties. Judge Courtney voluntarily submitted to medical examinations and waived his right to respond to the findings, leading to his immediate retirement effective upon the filing of the Court's opinion.
The Court approved the Judicial Qualifications Commission's findings of fact and recommendation, determining that Judge Courtney is suffering from a permanent physical disability that interferes with and prevents the performance of his duties. Judge Courtney is involuntarily retired from service as a county court judge effective upon the filing of the Court's opinion, creating a vacancy in the Okaloosa County court.
[1] A county court judge may be involuntarily retired from service due to a permanent physical disability that interferes with the performance of their duties.
[2] Proceedings for the involuntary retirement of a judge due to permanent disability must comply with the Florida Constitution and applicable commission rules.
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Join FLexlaw to unlock all legal intelligence“is presently suffering a disability seriously interfering with the performance of his duties which is permanent in nature”
The standard for involuntary retirement of a judge based on permanent disability under Florida Constitutional Article V, Section 12
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Join FLexlaw to unlock all legal intelligenceIn June 1980, the Chief Judge of the First Judicial Circuit submitted two Florida Retirement System physician reports finding Judge Courtney totally a…
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PER CURIAM.
Pursuant to article V, section 12, of the Florida Constitution, the Judicial Qualifications Commission has filed its findings of fact that County Court Judge Jack Courtney of Okaloosa County “is presently suffering a disability seriously interfering with the performance of his duties which is permanent in nature.” The commission has recommended that this Court order the in voluntary retirement of Judge Courtney because of a permanent physical disability.
In June of 1980, The Honorable M. C. Blanchard, chief judge of the First Judicial Circuit, submitted to the commission two Florida Retirement System physician’s reports, each physician finding Judge Courtney to be totally and permanently disabled. The commission subsequently ordered an independent physical examination of Judge Courtney, which confirmed the finding of total disability. We have determined that the commission’s proceedings complied with all requirements of the Florida Constitution and rules of the commission. Judge Courtney voluntarily submitted to the necessary physical examinations and has expressly waived the filing of an answer and an order to show cause allowing him an opportunity to respond to the findings and recommendation of the commission under Florida Rule of Appellate Procedure 9.520.
We approve the findings of fact and recommendation of the commission and, accordingly, The Honorable Jack Courtney is hereby retired from service as a county court judge on the date of the filing of this opinion, by reason of a physical disability of a permanent character which interferes with and prevents the performance of his duties, and by reason of this order of involuntary retirement there now exists a vacancy in the county court of Okaloosa County.
The filing of a petition for rehearing shall not alter the effective date of this order. It is so ordered.
SUNDBERG, C. J., and ADKINS, OVER-TON, ENGLAND and McDONALD, JJ., concur.