Amendment to Florida Rules of Judicial Administration 2.050, 2.052 & 2.085

826 So. 2d 233, 27 Fla. L. Weekly Supp. 715, 2002 Fla. LEXIS 1809, 2002 WL 1981390
CourtSupreme Court of Florida
DecidedAugust 29, 2002
DocketNo. SC01-2343
StatusPublished

This text of 826 So. 2d 233 (Amendment to Florida Rules of Judicial Administration 2.050, 2.052 & 2.085) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amendment to Florida Rules of Judicial Administration 2.050, 2.052 & 2.085, 826 So. 2d 233, 27 Fla. L. Weekly Supp. 715, 2002 Fla. LEXIS 1809, 2002 WL 1981390 (Fla. 2002).

Opinion

PER CURIAM.

We have for consideration proposed amendments to Florida Rules of Judicial Administration 2.050, 2.052, and 2.085. The Rules of Judicial Administration Committee of the Florida Bar proposes the amendments out of cycle in response to a request by this Court. See In re Proposed Amendment to Florida Rule of Judicial Administration 2.052(a), 770 So.2d 152, 154-55 (Fla.2000). We have jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

In In re Proposed Amendment to Florida Rule of Judicial Administration [234]*2342.052(a), the Court considered an emergency petition to amend Florida Rule of Judicial Administration 2.052(a), as proposed by attorney Frank A. Kreidler.1 Rule 2.052(a), Calendar Conflicts, outlines the general case priority to be considered in resolving the calendar conflicts that arise when attorneys are scheduled to be in two or more courts at the same time. That rule currently provides that criminal cases take priority over civil eases, and jury trials take priority over nonjury trials. Because termination of parental rights (TPR) proceedings do not fit neatly into either subdivision (a)(1) (criminal cases prevail over civil) or (a)(2) (jury trials prevail over nonjury trials) of the current rule, attorney Kreidler sought to amend the rule to give TPR cases priority over other types of cases.

The Rules of Judicial Administration Committee (Rules Committee) opposed the amendment, taking the position that amending rule 2.052 was not the best way to address whether TPR cases should be granted priority status for the purpose of advancing those cases on a trial court’s docket in an effort to ensure their prompt resolution. The Rules Committee explained that rule 2.052, which is entitled “Calendar Conflicts,” was

designed to address attorney scheduling conflicts and is based on the 1995 Resolution of the Florida State-Federal Judicial Council Regarding Calendar Conflicts Between State and Federal Courts. Rule 2.052 was intended to ensure that the same guidelines for resolving scheduling conflicts were used in the state rule as are used in the Resolution adopted by the State-Federal Judicial Council, which is contained in the committee notes to the rule. The rule was not designed to set priorities for any specific categories of cases.

770 So.2d at 153.

The Court strongly agreed with the proponents of the proposed amendment that steps must be taken to ensure the expedited processing of TPR and other time-sensitive cases concerning children, but “believed this issue should be addressed on a broader front than just the conflict rule.” Id. The Court explained that

[r]ule 2.052, like the Resolution after which it is modeled, offers broad guidelines for addressing calendar conflicts and was not intended to outline specific types of cases that might warrant priority handling in the trial courts. Rule 2.052 does not address the relative importance of any particular type of case. The rule simply provides general guidelines to be considered in resolving calender conflicts.

770 So.2d at 154. Therefore, rather than adopting an amendment that would address the expedited processing of TPR cases only in the context of scheduling conflicts, the Court referred the matter to the Rules Committee for further consideration. Id. at 153-54.

The Court asked the Rules Committee to consider ways to ensure the expedited trial-level processing of proceedings relating to children and other time-sensitive cases. In this regard, the Court asked the Committee to consider whether a rule similar to Florida Rule of Appellate Procedure 9.146(g) (directing appellate courts to give priority to proceedings in TPR and juvenile dependency cases and cases involving families and children in need of services) is warranted for trial-level proceedings. The [235]*235Court also asked the Rules Committee to consider what other rule changes can be made in order to ensure the timely processing of time-sensitive cases. Id. at 154-55. Among the options the Court asked the Rules Committee to consider were

whether a broad-based rule establishing priorities for all time-sensitive trial-level proceedings should be adopted; whether time standards should be adopted to ensure compliance with statutory time lines; and whether rule 2.052(a) should be amended to give specific guidance as to the priority to be given specific categories of cases that might warrant expedited handling.

Id. at 155.

At the Court’s direction, the Rules Committee published its proposals before filing them with the Court. After considering the comments received, the committee voted to approve its original proposals, which are now before the Court for consideration.

COMMITTEE’S PROPOSALS

In attempting to identify any other types of priority cases perceived as not receiving appropriate attention by trial courts, the Rules Committee contacted all sections of The Florida Bar as well as relevant committees and interested groups. According to the committee, the responses received suggested that with the exception of cases involving juveniles, no other types of cases afforded priority or expedited treatment under Florida law were being inappropriately treated by trial judges.

After carefully considering the possible approaches that could be taken to ensure the expedited processing of priority cases, including time-sensitive cases involving children, the Rules Committee decided against proposing a “predetermined universal ranking” system. Rather, the committee agreed on a proposal that focuses on the three participants in the trial court system who have the ability to influence the way cases are assigned priorities and scheduled' — the trial judges, the attorneys, and the chief judges. In this regard, the Rules Committee proposes amendments to rules 2.050, Trial Court Administration, and 2.085, Time Standards for Trial and Appellate Courts, that provide trial-level procedures for priority cases. Proposed new rule 2.050(g) and the proposed amendment to rule 2.085(b) address the trial judge’s duties in relation to priority cases. Proposed new rule 2.085(c) addresses the attorneys’ role and the role of the chief judges with respect to the scheduling of priority cases.

The Rules Committee also recommends amendments to rule 2.052 which specifically address TPR and other time-sensitive cases involving children, and clarify that subdivision (a) simply provides general “guidelines” for resolving calendar conflicts.

After considering the comments and hearing oral argument, we adopt the Rules Committee’s proposals with the modifications discussed below.

PRIORITY CASES

New Rule 2.050(g), Duty to Expedite Priority Cases. New subdivision (g) of rule 2.050 creates an explicit duty on the part of the trial judge to expedite cases assigned priority status under Florida law. This amendment highlights the trial judge’s responsibility to appropriately manage priority cases. The last sentence of the new subdivision highlights juvenile dependency and TPR cases, and cases involving families and children in need of services, providing that “particular attention shall be given” to these types of cases. We have added a court commentary to [236]

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826 So. 2d 233, 27 Fla. L. Weekly Supp. 715, 2002 Fla. LEXIS 1809, 2002 WL 1981390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendment-to-florida-rules-of-judicial-administration-2050-2052-2085-fla-2002.