Number:
INFORMAL
Issued
The Honorable Maurice M. Paul
United States District Court
Northern District of Florida
United States Courthouse
110 East Park Avenue
Tallahassee, Florida 32301
Dear Judge Paul:
You ask whether you as a federal district court judge in this state and a member of the Florida Bar may perform marriages within the State of Florida.
Section 741.07(1), Florida Statutes, provides:
"All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law. Nothing in this section shall make invalid a marriage which was solemnized by any member of the clergy, or as otherwise provided by law prior to July 1, 1978." (e.s.)
The issue of whether a federal court judge may perform marriages pursuant to section 741.07(1), Florida Statutes, has not been addressed by the courts of this state nor by this office. In contrast to a statute which specifically enumerates state court judges within its terms, section 741.07(1), refers broadly to "all judicial officers" in this state.[1]
As a federal district court judge, you are a judicial officer and you are also a member of the Florida Bar. Moreover, you serve on a court with jurisdiction over a part of this state. Thus, you are a judicial officer serving in this state. In the absence of legislative or judicial clarification, it, therefore, appears that a federal district judge falls within the contemplation of the statute.[2]
I am, accordingly, of the opinion that section 741.07(1), Florida Statutes, until legislatively clarified, authorizes a federal judge whose court's jurisdiction encompasses part or all of the State of Florida to perform marriages in this state.
Sincerely,
Robert A. Butterworth
Attorney General
RAB/hpa
-----------------------------------------------------------------
[1] See, e.g., s. 790.061, Fla. Stat. (1993), which excepted a county court judge, circuit court judge, district court of appeal judge, or justice of the supreme court from weapons licensure requirements; and Op. Att'y Gen. Fla. 93-29 (1993), stating that in light of the above enumeration of state courts judges, a federal court judge was not included within the terms of the statute. Section 790.061 was amended by s. 2, Ch. 95-229, Laws of Florida, to include a federal district court judge or a federal court of appeals judge serving in this state.
[2] Cf. Op. Att'y Gen. Fla. 93-29 (1993), in which this office concluded that the firearms statute, section 790.06, Florida Statutes, authorizing a judge to control firearms in his or her courtroom is broad enough to encompass a federal judge.