In Re Cert. of Need for Additional Judges

945 So. 2d 1155, 31 Fla. L. Weekly Supp. 873, 2006 Fla. LEXIS 2879, 2006 WL 3626900
CourtSupreme Court of Florida
DecidedDecember 14, 2006
DocketSC06-2267
StatusPublished

This text of 945 So. 2d 1155 (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, 945 So. 2d 1155, 31 Fla. L. Weekly Supp. 873, 2006 Fla. LEXIS 2879, 2006 WL 3626900 (Fla. 2006).

Opinion

945 So.2d 1155 (2006)

In re CERTIFICATION OF the NEED FOR ADDITIONAL JUDGES.

No. SC06-2267.

Supreme Court of Florida.

December 14, 2006.

LEWIS, C.J.

This opinion fulfills our constitutional obligation to determine the state's need for additional judges in Fiscal Year 2007-08 and to certify our findings and recommendations concerning that need to the Legislature.[1] Certification is "the sole mechanism established by our constitution for a systematic and uniform assessment of this need." In re Certification of Need for Additional Judges, 889 So.2d 734, 735 (Fla.2004).

Having an adequate number of judges available to consider and decide cases in the county, circuit, and district courts is essential to the timely and meaningful fulfillment of the constitutional guarantee of *1156 access to justice for the people of Florida. It is imperative that our courts be open, properly staffed, and operational at all times. An adequate judicial staffing complement is necessary to ensure public safety, protect individual rights and liberties, and safeguard our democracy by maintaining the rule of law.

Using the prescribed objective standards, this Court has examined case filing and disposition data, analyzed various judicial workload indicators, and considered judgeship requests submitted by the lower courts. Further, we have applied the case-weighting methodology for the trial courts that we have utilized in our last six certification opinions submitted to the Legislature. For the second year, we have used newly adopted certification criteria for the district courts. See In re Report of the Comm'n on Dist. Court of Appeal Performance & Accountability—Rule of Judicial Admin. 2.035, 933 So.2d 1136 (Fla.2006).

We note that the funding of new judgeships during the 2005 Legislative Session, Special Session 2005 B, and the 2006 Legislative Session has significantly reduced the judicial need that previously existed. We also recognize that the addition of a total of 114 trial judges in the last two years will significantly affect caseloads and that while we and the chief judges at the local level are assessing that impact, we clearly have not had sufficient time to determine the full extent of the impact. Additionally, we are currently undertaking a complete review of the case weights used in the trial court certification process to determine the influence that changes in law and the additional supplemental resources may have had on the weights to be applied since they were originally developed. The prescribed system of analysis contemplated that this review would occur at this time. While these activities are currently underway and ongoing, to ensure uniformity and fairness in our decisions with regard to judicial certification, we can only continue to use the prescribed system in its current form in the certification of judges for Fiscal Year 2007-2008. It was clear upon adoption of the more objective case weight analysis approach that we would continue this process as the review was conducted because no interim or alternative objective approach was provided for use as the planned review proceeds. We therefore conclude that the judicial need is thirty-seven additional judgeships: two in the district courts of appeal, twenty-two in the circuit courts, and thirteen in the county courts. We highlight and caution that inherent in this certification is the ongoing evaluation of the recent additional resources superimposed upon the contemplated reevaluation of case weight measurements.

TRIAL COURTS

Approximately ninety-nine percent of all court filings in Florida are processed in the circuit and county courts. Trial court judges are on the front lines in dispensing justice; their work is vital to our citizens and businesses, who expect our judicial branch to resolve issues fairly, peaceably, expeditiously, and in a manner that promotes the rule of law. Florida's trial court judges stand as guardians of our constitutional freedoms as they ensure access, protect the vulnerable, keep our courts open and operational, and function with efficiency.

As noted, this Court uses a case-weighting system based on accepted standards of measurement in determining the need for additional trial court judges.[2] The case-weighting *1157 system distinguishes different types of cases and assigns different allocations of time that must be expended on cases of each type, producing a total judicial need for each circuit. Additionally, we adjust for differing jury trial rates in each circuit and county and also consider the number of judges requested by the chief judge in each circuit. The resulting certification is an objective statement of what the trial courts need to meet workload demands.

The current need at the circuit court level is a result of the growth in felony, family court, and probate divisions from Fiscal Year 2000-2001 to Fiscal Year 2004-2005. Drug crimes lead the growth in the felony division with an approximate seventeen percent increase in case filings, while property crimes (including burglary, theft, worthless checks, and other felonies) increased by approximately fifteen percent.

In the family court division, domestic and repeat violence, child support, and dependency case filings experienced nineteen percent, twelve percent, and five percent increases, respectively. Many of these cases involve complex issues affecting the well-being of Florida's children and families. The capacity to expeditiously consider matters and render decisions that are in the best interests of our children and families demands an adequate number of judges. We have also experienced an increase in the probate division (including Baker Act,[3] Marchman Act,[4] and other social cases[5]) of approximately eighteen percent.

An overview demonstrates that county court filings, excluding civil traffic infractions, increased approximately four percent from Fiscal Year 2000-2001 to Fiscal Year 2004-2005. Evictions have led the growth in this area with an approximate twenty-six percent increase in case filings. Case filings for misdemeanors, DUI, and civil matters (involving claims ranging from $5,001 through $15,000) also increased by eleven percent, eight percent, and five percent, respectively. In addition to the increased number of filings, civil cases at the county court level often involve the complications associated with unrepresented litigants who tend to be unfamiliar with statutes, court rules, and court procedures. For many Floridians, county court judges are the face of the Florida justice system. It is essential that all county court cases, including those with unrepresented litigants, receive adequate judicial time and attention.

As we have contemplated, the State Courts System is currently reviewing and updating the original trial court case weights.[6] These new case weights will *1158 take into account changes in law enacted by the Legislature since 2000 as well as the availability of additional supplemental resources (e.g., general magistrates, case managers, and staff attorneys) since 2000, all of which are recognized to impact judicial workload. Of particular interest is the impact of the additional resources provided to the courts in 2004 as part of the implementation of the constitutional amendment on trial court funding commonly referred to as Revision 7.

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

Related

Amendments to Rules of Jud. Admin.-Reorg.
939 So. 2d 966 (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 Cert. of Need for Additional Judges
889 So. 2d 734 (Supreme Court of Florida, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
945 So. 2d 1155, 31 Fla. L. Weekly Supp. 873, 2006 Fla. LEXIS 2879, 2006 WL 3626900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cert-of-need-for-additional-judges-fla-2006.