Certification of Need for Additional Judges

806 So. 2d 446, 27 Fla. L. Weekly Supp. 49, 2002 Fla. LEXIS 5, 2002 WL 5494
CourtSupreme Court of Florida
DecidedJanuary 3, 2002
DocketSC01-2703
StatusPublished
Cited by2 cases

This text of 806 So. 2d 446 (Certification of Need for Additional Judges) 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
Certification of Need for Additional Judges, 806 So. 2d 446, 27 Fla. L. Weekly Supp. 49, 2002 Fla. LEXIS 5, 2002 WL 5494 (Fla. 2002).

Opinion

806 So.2d 446 (2002)

In re CERTIFICATION OF NEED FOR ADDITIONAL JUDGES.

No. SC01-2703.

Supreme Court of Florida.

January 3, 2002.

PER CURIAM.

Article V, section 9 of the Florida Constitution requires this Court to determine, prior to each year's regular legislative session, the need for increasing or decreasing the number of state judges and the need for redefining the jurisdictional boundaries of the district and circuit courts.[1] The certification process is the mechanism that our Constitution establishes for the systematic, uniform assessment of the courts' judgeship needs.

*447 Pursuant to this constitutional mandate, we have considered judgeship requests submitted by the lower courts, examined case filing and disposition data, and analyzed various judicial workload indicators. Based on our review of these factors, conducted pursuant to uniform criteria established by rule,[2] we conclude that there is a need for two additional judges in the district courts of appeal and forty-seven additional judges in the trial courts.

District Courts of Appeal

Using the criteria for certifying the need for additional district court judges set forth in Florida Rule of Judicial Administration 2.035(b)(2), we certify the need for an additional district court judge for the Second District and one for the Fourth District. Except for the addition of one judgeship in the Fifth District in 1999, the number of judges in the district courts have remained constant since 1993. Since 1993, the number of annual filings in each district court has risen steadily. The total of 22,906 cases filed in the district courts in 2000 is an increase of twenty-four percent over the filings for 1993.

The district courts use an array of strategies to address increased workload pressures. These courts have streamlined internal operating procedures, established central legal research staff to handle selected matters, and assigned senior (retired) judges to hear appeals on a temporary basis. Even though the district courts continue to develop innovative approaches to efficiently and fairly hear cases, the Second and Fourth Districts now require an additional judge to operate efficiently.[3]

The Second District last received an additional judge in 1993. Since that time, the Legislature has authorized nineteen additional circuit judges within the district. The ratio of circuit judges to district judges in the Second District is 9.7 to 1— the second highest ratio in the state. The district's population exceeds four million people, nearly a thirteen percent increase since 1990. In 2000, the Second District averaged 398 case filings and 251 dispositions per judge after submission on the merits. The statewide average for 2000 was 370 case filings and 233 dispositions per judge after submission on the merits.

The Fourth District last received additional judges in 1988. Caseloads in that *448 district have steadily increased from 3507 in 1990 to 4751 in 2000. The increase from 292 to 396 case filings per judge represents an increase of thirty-five and six-tenths percent. Dispositions after submission on the merits have also increased during the same period from 2081 to 2769, representing a thirty-four and three-tenths percent increase of 172 to 231 dispositions per judge after submission on the merits.

Like other districts, the Fourth District initiated steps during the 1990s to minimize the need for additional judges through the implementation of innovative approaches to increase efficiency. A standing committee on case management has been active for over ten years. The district continues to rely on the use of senior judges. Moreover, enhanced information technology aids legal research and court administration and has reduced the need for additional personnel. There has also been an expanded use of central staff attorneys and their responsibilities to delay the need for additional judges. However, given the high caseload, increases in population, and growth in the circuit courts within the district, these efficiency measures are no longer adequate to offset the need for an additional judge.

The following table illustrates the requests and certificate of additional judges for the Second and Fourth Districts.

  District Court Certification Table
District Court   Judgeships   Judgeships
 of Appeal         Requested    Certified
First                 0            0
Second                1            1
Third                 0            0
Fourth                1            1
Fifth                 0            0
Totals                2            2

Trial Courts

In 2001, we certified the need for an additional forty-four judgeships. See In re Certification of the Need for Additional Judges, 780 So.2d 906 (Fla.2001). Of the forty-four judgeships requested, twenty-six were funded: fifteen for circuit courts and eleven for county courts.[4] However, based upon the Delphi methodology, we report to the Legislature that the funding of those judgeships was insufficient to address the overall "reasonable net need." The quantitatively based criteria for certifying the need for judicial positions in the trial courts, which provided the foundation for the certification process until 1999, are articulated in Florida Rule of Judicial Administration 2.035(1). These criteria were modified in response to a request from the Florida Legislature in proviso language of the 1998 General Appropriations Act that we employ a certification methodology which relies on case weights and calculations of available judge time to determine the need for additional trial judges. Pursuant to this request, we conducted an extensive development project to design and implement a weighted caseload system with the assistance of the National Center for State Courts and the active participation and advice of the Office of Program Policy Analysis and Government Accountability. The report of the Delphi Policy Committee was issued on February 1, 1999, and on February 29, 2000, we certified the need for forty-three additional trial judges based on calculations using the new Delphi method. See In re Certification of the Need for Additional Judges, 755 So.2d 79 (Fla.2000). That certification was not funded, followed by the reduced number funded for the judgeships which *449 took effect January 1, 2002. That need persists, as reflected in the most recent Delphi-based calculations.

This year, the Court again followed the legislative direction in having a study using the Delphi-based workload weighting system. The result of that Delphi study has been considered by the chief judges of the circuit courts and by this Court, and based thereon, we certify the need for forty-seven additional trial court judgeships: thirty-four circuit court judgeships from thirteen judicial circuits, and thirteen county court judgeships from eleven counties.

The Delphi-based case weighting analysis addresses the differences in the amount of time that must be spent on each case depending on the case type.[5] We have applied the Delphi "reasonable workload" standard in all case types[6] except for cases related to dissolutions of marriage,[7] drug offenses,[8] evictions, and civil traffic infractions.[9] We have also adjusted for *450

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Related

Disciplinary Counsel v. Squire
876 N.E.2d 933 (Ohio Supreme Court, 2007)
In Re Certification of Need for Add. Judges
842 So. 2d 100 (Supreme Court of Florida, 2003)

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Bluebook (online)
806 So. 2d 446, 27 Fla. L. Weekly Supp. 49, 2002 Fla. LEXIS 5, 2002 WL 5494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/certification-of-need-for-additional-judges-fla-2002.