In Re Cert. of Need for Additional Judges

889 So. 2d 734, 29 Fla. L. Weekly Supp. 734, 2004 Fla. LEXIS 2176, 2004 WL 2721057
CourtSupreme Court of Florida
DecidedNovember 30, 2004
DocketSC04-2154
StatusPublished
Cited by21 cases

This text of 889 So. 2d 734 (In Re Cert. 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
In Re Cert. of Need for Additional Judges, 889 So. 2d 734, 29 Fla. L. Weekly Supp. 734, 2004 Fla. LEXIS 2176, 2004 WL 2721057 (Fla. 2004).

Opinion

889 So.2d 734 (2004)

In re CERTIFICATION OF NEED FOR ADDITIONAL JUDGES.

No. SC04-2154.

Supreme Court of Florida.

November 30, 2004.

*735 PARIENTE, C.J.

The Florida Constitution vests this Court with the responsibility to determine prior to each year's legislative session whether the state courts have enough judges to meet the needs of our rapidly growing population and increasing demands on our judicial system.[1] This is one of our most crucial duties. Access to justice can only be guaranteed to the people of Florida if there are sufficient numbers of judges to handle ever-growing caseloads in a timely manner. The certification of judges by this Court is the sole mechanism established by our constitution for a systematic and uniform assessment of this need.

We emphasize, as we have in past years, that our analysis of judicial need today is not a statement of what the state courts subjectively want. Rather, it is an assessment of what the state courts need, using uniform criteria established by rule.[2] This assessment is further refined in the case of the need for new trial judges by use of the Weighted Caseload System, developed in cooperation with the Legislature and with substantial input from the National Center for State Courts.[3] Using these objective standards, 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, we conclude that there now is a need for two additional judges in the district courts of appeal, sixty-seven additional judges in the circuit courts, and forty-one additional judges in the county courts.

FLORIDA'S STATE COURTS SYSTEM

State courts in Florida safeguard democracy by upholding and interpreting the law, protecting individual rights and liberties, and peacefully resolving disputes. The disputes adjudicated by our courts are diverse and touch the lives of all Floridians. In the civil arena, the *736 courts handle the full panoply of cases ranging from landlord-tenant disputes to complex civil litigation. Cases involving children and families constitute almost fifty percent of our civil filings. Judges make decisions in these cases on crucial issues profoundly impacting children, including adoption, child support, custody and visitation, dependency, and delinquency. In the criminal arena, cases range from traffic misdemeanors to consumer fraud to capital felonies for which the death penalty is imposed. Florida's courts are vital to maintaining public safety, resolving costly business disputes, and protecting our most vulnerable citizens. Courts touch the lives of our citizens from birth to death.

Now, more than ever before, Florida has a truly unified State Courts System. The July 1, 2004, implementation of the constitutional amendment to article V, known as Revision 7, was the most significant and historic change for Florida's judicial branch since the 1972 revisions to article V. During this past legislative session, the two objectives of the constitutional amendment were fulfilled: the State assumed the greater share of funding for the trial court system, and resource inequities that existed between trial courts in resource rich-counties and counties with small budgets were substantially eliminated.

Prior to the funding of the amendment, it could be argued that two justice systems existed throughout the state: one that was present in counties with a higher local tax base and one that was present in counties with a lesser tax base. Counties with larger tax bases were able to fund necessary support services in the courts, such as hearing officers, general masters, mediation, and case managers. Together, these resources made a qualitative difference in the delivery of justice to those communities. Courts in counties with a lesser tax base did not fare as well prior to the funding of Revision 7. Generally, in those smaller, rural counties there were few supplemental programs and services for citizens using the court system.

To bridge the gap between these "haves" and "have nots," the State Courts System, under the leadership of the Trial Court Budget Commission and the Trial Court Performance and Accountability Commission, worked tirelessly beginning shortly after the 1998 passage of Revision 7 to identify those elements of the court system that were appropriate for state funding. By both codifying and funding the identified elements in every judicial circuit, the Legislature recognized their value to the citizens of Florida. This distribution of resources, with a focus on equity and fairness, has enabled citizens from Pensacola to Key West to access the same system of justice regardless of their location or the size or tax base of the county in which they live. This Court expresses its gratitude to the Legislature for fulfilling the voters' mandate by providing the necessary funding for the implementation of the Revision 7 constitutional amendment.

The funding of Revision 7, while essential to a unified state court system, is only part of the story. The remaining component is the proper funding of new judgeships where a demonstrable need exists. Yet despite the demonstrated judicial need, the funding of new judgeships by the Legislature has fallen short of fulfilling this need over the last several years. This trend, if permitted to continue, could have serious consequences for citizens and businesses throughout the state. Sufficient new judgeships must be funded by the Legislature for Florida to fully realize the promise of a unified state court system. Only with proper funding of the judicial branch, including funding for additional judgeships, can we ensure that our citizens' *737 constitutional right of access to their courts is protected and that disputes are fairly and timely resolved.

TRIAL COURTS

Trial court judges are the foundation of Florida's State Courts System. In fact, almost all (approximately ninety-nine percent) of court filings in Florida are processed by circuit and county judges. Thus, the work of trial judges is vital to our citizens and businesses, who expect our judicial branch to help resolve issues fairly, peaceably, and in a manner that promotes the rule of law.

At the trial court level, this Court has adopted a case-weighting system for certifying the need for additional judges. Our certification is a statement of what the state courts objectively need to meet their workload, using accepted standards of measurement. This system was developed in response to the proviso language of the 1998 General Appropriations Act, in which the Legislature directed that the judicial branch employ a certification methodology that relies on case weights and calculations of available judge time to determine the need for additional trial court judges. Pursuant to this direction, the judicial branch undertook an extensive project to design and implement a weighted caseload system, assisted by the National Center for State Courts and the Office of Program Policy Analysis and Government Accountability.

The case weighting system analysis addresses the differences in the amount of time that must be spent on each case, depending on the case type. We have also adjusted for several factors that impact judicial workload, including differing jury trial rates in each circuit and county and the actual number of judges requested by the chief judge in each circuit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Certification of Need for Additional Judges
29 So. 3d 1110 (Supreme Court of Florida, 2010)
In Re Amended Cert. of Need for Addn'l Judges
980 So. 2d 1045 (Supreme Court of Florida, 2008)
In Re Cert. of Need for Additional Judges
945 So. 2d 1155 (Supreme Court of Florida, 2006)
In Re Report on Rule of Jud. Admin. 2.035
933 So. 2d 1136 (Supreme Court of Florida, 2006)
In Re Certification for Additional Judges
918 So. 2d 283 (Supreme Court of Florida, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
889 So. 2d 734, 29 Fla. L. Weekly Supp. 734, 2004 Fla. LEXIS 2176, 2004 WL 2721057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cert-of-need-for-additional-judges-fla-2004.