CEO 75-46 -- March 6, 1975

PUBLIC OFFICER

APPOINTED MUNICIPAL JUDGE

To: Marvin E. Silverman, Municipal Judge, Sarasota

Prepared by :Patricia Butler

SUMMARY:

Section 112.312(7)(a), F. S., as amended by Ch. 74- 177, Laws of Florida, expressly designates elected judicial officers as public officers. Noninclusion is construed as purposeful exclusion. Accordingly, since municipal judges of Sarasota are appointed by the city commission, Judge Silverman is not a public officer for purposes of part III, Ch. 112, supra

QUESTION:

Am I, as an appointed municipal judge, a public officer within the meaning of part III, Ch. 112, F. S., as amended by Ch. 74-177, Laws of Florida, and therefore subject to the disclosure provisions applicable to public officers?

This question is answered in the negative.

The definition of the term "public officer" includes:

All elected public officers, congressional, executive, judicial, legislative, state, county, municipal or local. [Section 112.312(7)(a), supra; emphasis supplied.]

By expressly designating these officers as "elected," all appointed officers of the type mentioned in this subsection are implicitly excluded.

The Charter of the City of Sarasota, Art. X, s. 1, states that municipal judges of Sarasota are to be appointed by the city commission. Thus, since you are appointed rather than being elected to office, you are not a public officer for the purposes of part III, Ch. 112, F. S., the Code of Ethics for Public Officers and Employees. Accordingly, you are not subject to those disclosure provisions applicable to public officers.