In re Certificate of Judicial Manpower for District Courts of Appeal, Circuit Courts & County Courts, as Required by Article V, Section 9, Florida Constitution

446 So. 2d 79, 1984 Fla. LEXIS 2562
CourtSupreme Court of Florida
DecidedJanuary 26, 1984
DocketNo. 64742
StatusPublished
Cited by1 cases

This text of 446 So. 2d 79 (In re Certificate of Judicial Manpower for District Courts of Appeal, Circuit Courts & County Courts, as Required by Article V, Section 9, Florida Constitution) 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 for District Courts of Appeal, Circuit Courts & County Courts, as Required by Article V, Section 9, Florida Constitution, 446 So. 2d 79, 1984 Fla. LEXIS 2562 (Fla. 1984).

Opinion

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 thirty-three additional judgeships during fiscal year 1984-85, as follows:

District Court Circuit Court County Court

Second Appellate District 03

Third Appellate District H

Fourth Appellate District 03

Fifth Appellate District t — I

1 Second Judicial Circuit

1 Fourth Judicial Circuit

1 Fifth Judicial Circuit

1 2 (Pinellas, Pasco) Sixth Judicial Circuit

1 Eighth Judicial Circuit

1 1 (Orange) Ninth Judicial Circuit

1 Tenth Judicial Circuit

3 (Dade) Eleventh Judicial Circuit

(Sarasota) Twelfth Judicial Circuit

1 (Hillsborough) Thirteenth Judicial Circuit

1 (Palm Beach) Fifteenth Judicial Circuit

(Broward) Seventeenth Judicial Circuit

(Seminole) Eighteenth Judicial Circuit

(Indian River) Nineteenth Judicial Circuit

Twentieth Judicial Circuit

14 13 TOTALS

On February 17, 1983 we certified the need for a total of twenty-seven new judge-ships during the 1983-85 biennium. The Legislature, however, did not fund any additional judgeships during the 1983 legislative session. We have now received a total of thirty-nine requests for new judgeships from the various Chief Judges, representing a renewed request of the twenty-seven previously certified, but unfunded, judge-ships and additional requests for twelve judgeships.

FINDINGS

DISTRICT COURTS OF APPEAL

In 1979 the Appellate Structure Commission recommended a standard of no more than 250 primary assignment cases for each appellate judge. In reality, each judge’s case load would be three times the number of primary assigned 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 [80]*80of the appellate process, this excessive case load should be reduced, as soon as practical, to the standard recommended by the Appellate Structure Commission. Case load comparisons for the intermediate appellate courts of the ten most populous states indicate that Florida’s district courts of appeal in 1982 had the second highest total filings, the third highest ratio of filings per judge, and the greatest number of published opinions.

First Appellate District. The First District, which currently has twelve judges, has not requested any additional judges this year. To achieve the 250 primary case assignment standard in 1984, the First District would need additional judges. It would not have been unreasonable for the First District to request that we certify its need for these additional judges. The First District, however, has expressed administrative concerns about expanding beyond its current membership. Additionally, between 1981 and 1983 there has been a decrease in the number of filings in the First District. It is for these reasons that we have not been requested to certify the need for the additional judges which would be required for the First District to achieve the 250 primary case assignment standard in 1984.

Second Appellate District. The Second District currently has ten judges, and the need for two additional judges in 1984 is certified. This certification confirms our previous finding for the biennium which was made in 1983.

Although filings in 1983 have been reduced due to vacancies existing on the circuit bench within the jurisdiction of the Second District, projections for 1984 indicate the Second District will have the third highest total case load and will continue to have the highest total population of all the five appellate districts. In order to move towards achieving the 250 case assignment standard in 1984, two additional judges are certified.

Third Appellate District. The Third District currently has nine judges, and the need for one additional judge is certified.

The Third District has the highest ratio of filings and dispositions per judge, and there has been more than a 15 percent increase in total filings between 1982 and 1983. In order to achieve the 250 primary case assignment standard in 1984, a total of almost four additional judges would be required, rather than just the one requested and presently certified. The Third District has not requested the additional judges because of space limitations. When additional space is provided, the already existing needs of the Third District will justify the certification of additional judges in order to reduce its filings per judge, presently the highest in the state, to a more acceptable standard.

Fourth Appellate District. The Fourth District has nine judges, and the need for two additional judges is certified. This certification confirms our previous certification of one additional judge over the biennium and adds a second judgeship based upon current and projected ease loads.

The Fourth District continues to have the largest number of pending cases. Filings have exceeded dispositions in 1982 and 1983. The area within the jurisdiction of the Fourth District represents a very rapidly growing part of the state and receives a large number of tourists each year. In order to fully achieve the 250 primary case assignment standard in 1984, three additional judges would be required in the Fourth District. At this time, however, we certify only the two additional judges requested.

Fifth Appellate District. The Fifth District has had six judges since its creation in 1979, and the need for one additional judge is certified. This is a recertification of the need which existed last year and continues to exist.

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 and are projected to continue to increase. In order to fully achieve the 250 primary case assignment [81]*81standard in 1984, two additional judgeships would be required, but we certify only the one requested at this time.

CIRCUIT AND COUNTY COURTS

Case filing statistics are only one of the factors we consider in determining the need for additional judges. At the trial court level, case filing statistics are not as significant in relation to other criteria and factors as they are at the appellate level. At the trial level, geographic size, the presence of nonlawyer county judges, the location of state institutions, the availability of retired judges and masters, and locally funded information systems vary widely and can affect the need for additional judges. Thus, while a standard of not more than 250 primary case assignments has been developed for the district courts, no similar standard can be applied at the trial court level. A case load standard at the trial level which ignores variations among the circuits would not be a correct measure of need for additional judges.

Case load information available at the state level for the trial courts is derived through the Summary Reporting System (SRS), which was implemented in 1978. SRS requires the commitment of virtually no state resources.

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446 So. 2d 79, 1984 Fla. LEXIS 2562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certificate-of-judicial-manpower-for-district-courts-of-appeal-fla-1984.