In re Amendments to Florida Rules of Judicial Administration 2.240 & 2.241

129 So. 3d 358, 38 Fla. L. Weekly Supp. 830, 2013 WL 6014024, 2013 Fla. LEXIS 2477
CourtSupreme Court of Florida
DecidedNovember 14, 2013
DocketNo. SC13-1703
StatusPublished

This text of 129 So. 3d 358 (In re Amendments to Florida Rules of Judicial Administration 2.240 & 2.241) 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
In re Amendments to Florida Rules of Judicial Administration 2.240 & 2.241, 129 So. 3d 358, 38 Fla. L. Weekly Supp. 830, 2013 WL 6014024, 2013 Fla. LEXIS 2477 (Fla. 2013).

Opinion

PER CURIAM.

The Court, on its own motion, amends Florida Rules of Judicial Administration 2.240 (Determination of Need for Additional Judges) and 2.241 (Determination of the Necessity to Increase, Decrease, or Redefine Appellate Districts). See Fla. R. Jud. Admin. 2.140(g)(1).1 The amendments add a procedure to rule 2.241 for assessing the need for increasing, decreasing, or redefining judicial circuits, and revise rules 2.240 and 2.241 to require that determinations regarding the need to increase, decrease, or redefine appellate districts and judicial circuits are undertaken in conjunction with the Court’s annual certification process for determining the need for additional judges.

Article V, section 9 of the Florida Constitution, charges this Court with establishing by rule uniform criteria for the determination of the need for additional judges, the necessity for decreasing the number of judges, and the necessity for increasing, decreasing or redefining appellate districts and judicial circuits. If the Court determines that such a need exists, it must certify its findings and recommendations concerning the need to the Legislature prior to the next regular legislative session. Currently, rule 2.240 provides the procedure for assessing the need for judges. And, rule 2.241 provides a procedure for assessing the necessity for increasing, decreasing, or redefining [359]*359the appellate districts. Under the existing procedure, the Chief Justice must appoint, at least once every eight years, a committee to assess the capacity of the district courts to effectively fulfill their constitutional and statutory duties, and to make recommendations concerning the decisions the Court must make during the certification process outlined in the rule. See Fla. R. Jud. Admin. 2.241(b). No rule currently governs the process for determining the need to increase, decrease, or redefine Florida’s judicial circuits.

The amendments to rule 2.241, that we adopt here, remove the requirement that the Chief Justice appoint a committee to assess the district courts and add a uniform procedure for evaluating both the appellate districts and the judicial circuits. Under the new procedure, the certification process for the appellate districts and the judicial circuits must be completed in conjunction with the Court’s annual determination regarding the need for judges under rule 2.240(d). The chief judges of the trial and appellate courts will review annual statistics provided by the state courts administrator, along with the criteria set forth in the rule and any other relevant factors, and inform the Chief Justice of any perceived need. Taking these and other concerns into consideration, this Court may, but is not required to, appoint an assessment committee to make further inquiry. If an assessment committee is appointed, the committee will be charged by administrative order and the Court will consider the committee’s recommendations. If the Court finds a need exists for increasing, decreasing, or redefining appellate districts and judicial circuits, the Court will certify its findings and recommendations to the Legislature. Consistent with the amendments to rule 2.241, new rule 2.240(d)(5) requires the Court to consider the need for changes in the number or size of appellate districts and judicial circuits in conjunction with the rule 2.240 process by which the Court considers and certifies the need for judges.

Accordingly, we amend the Florida Rules of Judicial Administration as reflected in the appendix to this opinion. New language is indicated by underscoring and deletions are indicated by struck-through type. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

APPENDIX

RULE 2.240. DETERMINATION OF NEED FOR ADDITIONAL JUDGES

(a)-(c) [No Change]

[360]*360(d) Certification Process. The process by which certification of the need to increase or decrease the number of judges shall include:

(1) [No Change]
(2) Each chief judge shall submit to the chief justice a request for any increase or decrease in the number of judges in accordance with the following:
(A)-(B) [No Change]
(3) The chief justice and the state courts administrator may then visitcon-fer with the chief judge and other representatives of the court submitting the request as well as representatives of The Florida Bar and the public to gather additional information and clarification about the need in the particular jurisdiction.
(4) [No Change]
(5) The supreme court, in conjunction with the certification process under this rule, shall also consider the necessity for increasing, decreasing, or redefining appellate districts and judicial circuits as required by article V, section 9, of the Florida Constitution and as set forth in Florida Rule of Judicial Administration 2.241.

Court Commentary

1983 Adoption — 2006 Amendment.

[No Change]

2013 Amendment. Subdivision (d)(5) was added to ensure the certification process under rule 2.240(d) is conducted in conjunction with the related process for determinations regarding increases, decreases, or redefinition of appellate districts and judicial circuits under Florida Rule of Judicial Administration 2.241.

RULE 2.241. DETERMINATION OF THE NECESSITY TO INCREASE, DECREASE, OR REDEFINE JUDICIAL CIRCUITS AND APPELLATE DISTRICTS

(a) Purpose. The purpose of this rule is to establish uniform criteria for the supreme court’s determination of the necessity for increasing, decreasing, or redefining judicial circuits and appellate districts as required by Aarticle V, section 9, of the Florida c Constitution. This rule also provides for an assessment committee and a certification process to assist the court bothin certifying to the legislature its findings and recommendations concerning such needand-in-mak-ing its own rules affecting-appellate court structure and jurisdiction:

(b) Assessment Committee, At-least once during every eight-year-period^-beginning-after-review — year-dlOCtój-the chief justice shall appoint a committee' that-shall assess the capacity of the district courts to effectively ■fulfill-their-constitutional — and statutory duties. — The—committee—shall make-a-recommendation-to the supreme court — concerning—the—decisions—that it should-make-during-the-process-described ■in-subdivision-(c-);

(1) The assessment — committee shall consist of three members from each district; — one attorney, one district 'judge and one circuit judge.
(■2-)-The-commlttee-should be appointed no later than August -3L of-the year ■prior-to-the-review year. It must report Its-reeonnnendations to the chief justice in writing no later than July 1 of the rev-iew-year;
(3) The chief justice shall select -the chair of-the committee.

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129 So. 3d 358, 38 Fla. L. Weekly Supp. 830, 2013 WL 6014024, 2013 Fla. LEXIS 2477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-florida-rules-of-judicial-administration-2240-2241-fla-2013.