In re Certificate of Judicial Manpower

485 So. 2d 1259, 11 Fla. L. Weekly 145, 1986 Fla. LEXIS 1840
CourtSupreme Court of Florida
DecidedApril 1, 1986
DocketNo. 68513
StatusPublished

This text of 485 So. 2d 1259 (In re Certificate of Judicial Manpower) 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, 485 So. 2d 1259, 11 Fla. L. Weekly 145, 1986 Fla. LEXIS 1840 (Fla. 1986).

Opinions

PER CURIAM.

Pursuant to article V, section 9 of the Florida Constitution, and in accordance with the criteria, additional factors, and procedures set forth in Florida Rule of Judicial Administration 2.035, we hereby certify the need for twenty-nine additional judgeships during the fiscal year 1986-87, as follows:

[1260]*1260[[Image here]]

On March 20, 1985 we certified the need for a total of twenty new judgeships for FY 1985-86. The Legislature funded thirteen additional judgeships during the 1985 legislative session, eight circuit court and five county court. We have received requests for thirty-five new judgeships for FY 1986-87. Six of the requests for FY 1986-87 are for recertification of judge-ships not authorized in the 1985 session of the legislature. Four of the judgeships were requested for the second year of the biennium, in last year’s certification.

FINDINGS

DISTRICT COURTS OF APPEAL

In 1979, the Appellate Structure Commission recommended a standard of no more than 250 primary case filings for each appellate judge. On February 23,1984 this court adopted that standard as part of the certification criteria and procedures of Florida Rule of Judicial Administration 2.035, acknowledging that an appellate judge should not be required to handle more than 250 primary case filings per year. The 250 primary case filings per judge standard was reaffirmed by the Courts Restructure Commission in its report of February 1,1986.

In reality, each judge’s case load would be three times the number of primary cases because district courts sit in panels of three, and each judge has two secondary case assignments for each primary assignment. All of the district courts presently exceed this standard. In order to ensure the integrity of the appellate process, this excessive case load should be reduced, to the 250 case per judge standard.

Florida’s district courts experienced a general leveling off in filings in 1983 and 1984. However, in 1985 all five courts realized increased filing levels. Projections for 1986 forecast 1,207 more filings than in 1985. Florida’s district courts of appeal have consistently ranked high among the country’s intermediate appellate courts in filings per judge and number of published opinions.

The judges of the district courts of appeal have worked diligently to keep abreast of case loads in excess of the recommended standard, in spite of the fact that no new [1261]*1261judgeships have been authorized for the district courts of appeal since 1982. Further, the courts have endeavored to improve the manner in which cases are managed and employ procedural innovations to improve efficiency, such as placing selected cases on a fast track and reducing briefing requirements. The district courts of appeal have also begun implementation of office automation systems to speed word processing tasks, improve case management and enhance legal research.

Notwithstanding these efforts, additional judges are required. Accordingly, we certify the need for five new district court of appeal judgeships in FY 1986-87. The authorization of these judicial positions is requested as the first phase of a two year effort to bring the number of primary case filings down to 250 per judge, for the affected courts.

We also encourage continued funding for the office automation systems in all five district courts. These resources, when collectively employed, will enable Florida’s district courts of appeal to better manage what is clearly one of the largest case loads in the country.

First Appellate District. The First District, which currently has twelve judges, requests one additional judge for FY 1986-87. To achieve the 250 primary case filing standard in 1986, the First District would need one additional judge. While filings in the First District leveled off from 1982-84, they increased in 1985.-An increase of approximately 175 additional filings is forecast for 1986. Motions practice before this court has increased, with twenty-five to thirty motions being filed each workday. Workers’ compensation cases handled by the court are extremely complicated. Moreover, the statutory law applicable to such cases is constantly changing, thereby requiring research and related work that is not necessary in the other district courts. Similarly, the many administrative appeals, filed with the First District because of its location in the state capital, are quite time consuming. Judges and law clerks must be conversant with Chapter 120, as well as the statutes and rules that govern or affect the many agencies covered by that chapter. Accordingly, we are certifying the need for one judgeship for FY 1986-87.

Additionally, the First District Court of Appeal has undertaken a major office automation project that will enhance its word processing, case management and legal research capabilities. The systems being developed serve as prototypes and are being adapted for the other four district courts of appeal. Therefore, we ask the continued support of the Legislature for this effort on all five district courts.

Second Appellate District. The Second District currently has ten judges, and the need for one additional judge was certified in 1985. In order to meet the 250 primary case filing standard in 1986, the Second District Court of Appeal would require two additional judges. We certify the need for one additional judgeship for FY 1986-87.

The court had 283 filings per judge and produced 259 dispositions per judge in 1984. Filings increased to 299 per judge in 1985 while dispositions jumped to 287 per judge. We find these factors plus an increase in total filings of 365 cases, from 1983 to 1985, to justify the need for the one additional judgeship.

Fourth Appellate District. The Fourth District has nine judges, and we certify the need for two additional judges in FY 1986-87.

The court had 307 filings per judge and produced 318 dispositions per judge in 1984. These figures increased to 322 filings and 327 dispositions per judge in 1985. The Fourth District continues to have the largest number of pending cases of the five district courts of appeal. The developing backlog is a function of an unusually high percentage of civil cases, which are generally more complex. Many involve appeals from trial court judgments in cases classified as complex litigation. This has resulted in the Court granting oral argument in fewer cases and disposing of a high percentage of cases without opinion.

[1262]*1262In order to fully achieve the 250 primary case filing standard in 1986, three additional judges would be required in the Fourth District. At this time, however, we certify the need for only two additional judges.

Fifth Appellate District. The Fifth District has had six judges since its creation in 1979. We certify the need for one additional judge in FY 1986-87. This is a recertifi-cation of a need that has existed for the past three years.

The Fifth District continues to have the highest ratio of population per judge of any district and a high attorney per judge ratio. Filings have increased every year since the Fifth District’s creation. In 1985, the Court had 447 more filings than in 1980, at which time the Fifth District’s primary case filings were at the 250 per judge level. Projections show a continued growth trend, including an additional 161 filings in 1986, over the 1985 total.

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Bluebook (online)
485 So. 2d 1259, 11 Fla. L. Weekly 145, 1986 Fla. LEXIS 1840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certificate-of-judicial-manpower-fla-1986.