Florida Solicitor General
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The solicitor general of Florida or Florida solicitor general is the top appellate (appeals)
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
(lawyer) for the U.S.
State of Florida Florida is a U.S. state, state located in the Southeastern United States, Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia (U.S. state), Geo ...
. It is an appointed position in the Office of the
Florida Attorney General The Florida attorney general is an elected cabinet official in the U.S. state of Florida. The attorney general serves as the chief legal officer of the state and is head of the Florida Department of Legal Affairs. The office is one of Florida's t ...
and the individual serves at the pleasure of the attorney general. Many of the cases handled by the Solicitor are argued in the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
and the
Supreme Court of Florida The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
. However some cases within the solicitor's responsibilities are under the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
of the
United States Court of Appeals for the 11th Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
and the state appellate courts. The solicitor represents the Florida attorney general before the
Florida Supreme Court The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven members: the chief justice and six justices. Six members are chosen from six districts around the state to foster geographic diversity, and one ...
and other appellate courts, as needed. He also decides whether the State of Florida has an interest in all cases filed in the Florida Supreme Court and if the state should file or join an
amicus brief An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
."Role of Solicitor General"
My Florida Legal website, Office of the Attorney General


History

The position was created in July 1999 at the request of Florida attorney general
Bob Butterworth Robert A. Butterworth Jr. (born August 20, 1942) is an American attorney and politician from the U.S. state of Florida. Early life and career Butterworth was born in Passaic, New Jersey, and moved to Florida with his family as a child. He re ...
and was first filled by
Tom Warner Tom Warner (February 6, 1948 – January 11, 2019) was an American politician. He was born in Rochester, New York. Warner previously served as a Representative in the House of Representatives of the U.S. state of Florida. He lived in Stuart, Fl ...
. It is a similar position to solicitors in many states and is modeled after the
United States solicitor general The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
. By 2003, twenty-nine states had solicitors general, although only eight had them fifteen years earlier. The solicitor does not always argue
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a State (polity), state, namely, the executive (government), executive, the parliament or legislature, and the judiciary; as well as th ...
. Most states' attorneys general offices have had separate divisions with chiefs specializing in state and federal appellate works. Organizing the department with a separate solicitor general is a model that states are using in attempt to promote the professionalism and quality of the work. This strategy generally gives the attorney general more of specialist who may be somewhat of a legal scholar on staff. Also, the solicitor is typically someone who was not involved in the attorney general's campaign and is thus someone who is more likely to offer a different perspective than other lawyers who are entrenched in the department. The position is currently held by Henry C. Whitaker.


Teaching

The Florida solicitor general holds the ''Richard W. Ervin Eminent Scholar Chair'', named to honor former attorney general and Florida Supreme Court chief justice
Richard Ervin Richard William Ervin Jr. (born Richard Reehorse Ervin, January 26, 1905 – August 24, 2004) was the Florida Attorney General from 1949 to 1964 and served as chief justice of the Florida Supreme Court from 1969 to 1971. He is credited with guid ...
. The individual holding the chair teaches advanced courses at the
Florida State University College of Law Florida State University College of Law is the law school of Florida State University located in Tallahassee, Florida. The law school borders the southeast quadrant of the University's campus, near the Donald L. Tucker Center, an arena and part of ...
. As such, Florida State University pays half of the solicitor’s salary, $165,000 as of 2010. An
externship Externships are experiential learning opportunities, similar to internships, provided by partnerships between educational institutions and employers to give students practical experiences in their field of study. In medicine, it may refer to a visi ...
program was established to allow a small number of law students the opportunity to work directly with the solicitor on active cases and receive up to six hours of course credit while gaining practical experience in appellate procedures and constitutional law."Richard W. Ervin Eminent Scholar Chair"
My Florida Legal website, Office of the Attorney General


List of solicitors

The following is a table of Florida state solicitors.


References

{{reflist, 2 1999 establishments in Florida