In Re Certificate of Judicial Manpower, Etc.

428 So. 2d 229
CourtSupreme Court of Florida
DecidedFebruary 17, 1983
Docket63219
StatusPublished
Cited by7 cases

This text of 428 So. 2d 229 (In Re Certificate of Judicial Manpower, Etc.) 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 Certificate of Judicial Manpower, Etc., 428 So. 2d 229 (Fla. 1983).

Opinion

428 So.2d 229 (1983)

In re CERTIFICATE OF JUDICIAL MANPOWER FOR DISTRICT COURTS OF APPEAL, CIRCUIT COURTS AND COUNTY COURTS, AS REQUIRED BY ARTICLE V, SECTION 9, FLORIDA CONSTITUTION.

No. 63219.

Supreme Court of Florida.

February 17, 1983.

PER CURIAM.

Article V, section 9 of the Florida Constitution, provides:

If the supreme court finds that a need exists for increasing ... the number of judges ... it shall, prior to the next regular session of the legislature, certify to the legislature its findings and recommendations concerning such need.

For the reasons set forth below, we have determined the need for the following new judicial positions, effective August 1, 1983, for the continued, effective operation of the courts of this state.

                               District    Circuit     County
                                Court      Court     Court 
  Second Appellate District       1
  Fifth Appellate District        1
  Second Judicial Circuit                      1
  Fourth Judicial Circuit                      1
  Fifth Judicial Circuit                       1
  Sixth Judicial Circuit                                 1 (Pasco)
  Eighth Judicial Circuit                      1
  Ninth Judicial Circuit                       1
  Tenth Judicial Circuit                       1
  Eleventh Judicial Circuit                    2         3 (Dade)
  Twelfth Judicial Circuit                               1 (Sarasota)
  Thirteenth Judicial Circuit                  1         1 (Hillsborough)
  Fifteenth Judicial Circuit                             2 (Palm Beach)
  Seventeenth Judicial Circuit                           2 (Broward)
  Eighteenth Judicial Circuit                            1 (Seminole)
  Nineteenth Judicial Circuit                  1         1 (Indian River)
  Twentieth Judicial Circuit                   1
                                ______      ______    ______
              Totals              2           11        12

*230 Because of the legislature's desire to approach the budgeting process on a biennial basis and in order to give an indication of future need based upon information currently available, we have identified a further need which will exist in fiscal year 1984-1985. We certify that there will be a need for at least the following new judicial positions, effective August 1, 1984, for the continued, effective operation of the courts of this state.

                              District     Circuit     County
                               Court        Court      Court 
  Second Appellate District       1
  Fourth Appellate District       1
                                ______      ______     ______
              Totals              2           0           0

We point out, however, that article V, section 9, Florida Constitution, requires an annual certification of judicial need, and therefore we must reserve the right to exercise our responsibility to later certify additional judgeships for the second year of the biennium. In addition to the judgeships certified for fiscal year 1983-1984 and fiscal year 1984-1985, we have received and considered other requests for new judgeships which we have not certified. The total number of additional judgeships requested for fiscal year 1983-1984 was forty-one, and the total number requested for fiscal year 1984-1985 was seventeen.[*] Thus we are certifying sixteen fewer judgeships in the first year and fifteen fewer in the second year of the biennium than requested. This represents seventeen fewer judgeships than certified for the 1981-1983 biennium and sixteen fewer than approved by the legislature during that same period. Although at this time we do not certify the requested additional judgeships, we will continue to closely review the need for additional judges during the second year of the biennium.

Factors considered in these and any further certifications are those set forth in our March 1981 certification decision. In re Certificate of Judicial Manpower, 396 So.2d 172 (Fla. 1981). In that decision we indicated that statistics alone do not determine the need for additional judicial positions. We take this opportunity to note that summary statistics of filings, dispositions, and trials do not fully measure judicial work load. Apart from these summary items, judicial work load includes, among other things:

1. Review appellate court decisions.
2. Research legal issues.
3. Review briefs and memoranda of law.
4. Participate in court conferences on pending cases.
5. Hear and dispose of motions.
6. Prepare correspondence, orders, judgments and decisional opinions.
*231 7. Review presentence investigative reports and predispositional reports in delinquency and dependency cases.
8. Review petitions and motions for postconviction relief.
9. Carry out administrative matters relating to the court.
10. Participate in meetings with various individuals involved in the criminal justice system.
11. Participate in educational programs designed to increase the competency and efficiency of the judiciary.

In order to gather information about these certification factors and judicial work load elements, the Chief Justice and State Courts Administrator began the certification process in the fall of 1982 with visits with the chief judge, or his designee, of each court requesting additional judgeships. In an effort to reduce costs, these visits were regionalized, and the district courts of appeal were generally chosen as the site for them. Representatives of state attorneys and public defenders, county commissions, local bar associations, clerks of court, sheriffs, and legislative staff, in addition to judicial officers and personnel, participated in these certification visits.

FINDINGS

DISTRICT COURTS OF APPEAL

The district courts of appeal have experienced an 18 percent increase in filings during the past two years. The impact of recent revisions to article V is now being felt by them, and continued case load increases are anticipated.

Second Appellate District. The Second District currently has ten judges. The need for an additional judge in each year of the biennium is certified.

The Second District had the largest percentage case load increase between 1980 and 1982 and is now experiencing a growing backlog of pending cases. Filings have exceeded dispositions every year since 1980. The district continues to have a high total population, as well as a high projected population growth through 1985.

Fourth Appellate District. The Fourth District currently has nine judges. The need for one additional judge is certified for the second year of the biennium.

The Fourth District has the largest number of pending cases. In 1982, for the first time since 1978, filings exceeded dispositions. The number of current filings per judge do not support the certification of a new judgeship for fiscal year 1983-1984. It appears, however, that a new judgeship will be needed by fiscal year 1984-1985 because of the projected population growth and the high number of attorneys, which we anticipate will result in increased filings.

Fifth Appellate District. The Fifth District has had six judges since its creation in 1979. The need for one additional judge is certified for the first year of the biennium.

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)
Amendment to the Florida Rules of Judicial Administration
888 So. 2d 614 (Supreme Court of Florida, 2004)
Amendments to the Florida Rules of Judicial Administration
780 So. 2d 819 (Supreme Court of Florida, 2000)
In re Florida Rules of Judicial Administration
442 So. 2d 198 (Supreme Court of Florida, 1983)
Whipple v. State
431 So. 2d 1011 (District Court of Appeal of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
428 So. 2d 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certificate-of-judicial-manpower-etc-fla-1983.