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

467 So. 2d 286, 10 Fla. L. Weekly 173, 1985 Fla. LEXIS 3231
CourtSupreme Court of Florida
DecidedMarch 20, 1985
DocketNo. 66613
StatusPublished
Cited by2 cases

This text of 467 So. 2d 286 (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, 467 So. 2d 286, 10 Fla. L. Weekly 173, 1985 Fla. LEXIS 3231 (Fla. 1985).

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 twenty additional judgeships during the fiscal year 1985-86, as follows:

District Circuit Court Court County Court
Second Appellate District 1
Third Appellate District 1
Fourth Appellate District 1
Fifth Appellate District 1
Fourth Judicial Circuit 1
Sixth Judicial Circuit 1 1 (Pinellas)
Seventh Judicial Circuit 1 (Volusia)
Ninth Judicial Circuit' 1 1 (Orange)'
Eleventh Judicial Circuit 1 2 (Dade)
Twelfth Judicial Circuit 1 (Sarasota)
Fourteenth Judicial Circuit 1
Fifteenth Judicial Circuit 1 1 (Palm Beach)
Seventeenth Judicial Circuit 1 (Broward)
Eighteenth Judicial Circuit 1 (Brevard)
Nineteenth Judicial Circuit 1
TOTALS 9

Further, we hereby certify the need for five additional judgeships in FY 1986-87 as follows:

[287]*287District Circuit County Court Court Court
Fifth Judicial Circuit 1
. Eighth Judicial Circuit 1 (Alachua)
Twelfth Judicial Circuit 1 (Manatee) Eighteenth Judicial Circuit 1
Twentieth Judicial Circuit 1
TOTALS 3 2

On January 26, 1984 we certified the need for a total of thirty-three new judge-ships for FY 1984-85. 446 So.2d 79. The Legislature funded seventeen additional judgeships during the 1984 legislative session, nine circuit court and eight county court. We have now received a total of twenty-seven requests for FY 1985-86 and eleven requests for FY 1986-87. Twelve of the requests for FY 1985-86 are for recertification and authorization of judge-ships not authorized in the 1984 session of the legislature.

For those circuits for which we have certified a need for new circuit or county judges in the first year of the biennium, we have generally not certified judges for the second year. We will reassess the needs of those circuits and counties affected, as part of next year’s certification process.

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. 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 assignments per year. 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 of the appellate process, this excessive case load should be reduced, as soon as practical, to the 250 case per judge standard.

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 these courts have worked diligently to keep abreast of case loads in excess of the recommended standard in spite of the fact that no new judge-ships 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, such as placing selected cases on a fast track and reducing briefing requirements. The district courts of appeal have also developed plans for the use of automation to speed word processing tasks, improve case management and enhance legal research.

This year’s certification of but four of the six judgeships certified last year, reflects a commitment to seek and employ alternatives to the authorization of new judgeships wherever possible. We encourage the authorization and funding of the four judges certified. We also encourage funding of additional legal and administrative support staff for various of the courts in lieu of additional judgeships, as well as for automation. These resources, when collectively employed, will enable Florida’s district courts of appeal to better manage what is clearly among the largest case loads in the country.

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 [288]*288assignment standard in 1985, the First District would need one additional judge. The First District, however, has expressed administrative concerns about expanding beyond its current membership. Additionally, the filings in the First District have leveled off over the last few years. Accordingly, we are not certifying the need for a judgeship this year.

However, 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 are to serve as prototypes for the other four district courts of appeal. Therefore, we ask the continued support of the Legislature for this effort.

Second Appellate District. The Second District currently has ten judges, and the need for two additional judges was certified in 1984'. We certify the need for one additional judgeship for FY 1985-86. The general leveling off in appellate filings and a 1984 filing rate slightly below the 1982 high realized by the court, while not diminishing the potential cost effectiveness of adding two judges, makes consideration and funding of alternatives to one of the requested judgeships viable.

The Second District currently has the fewest number of support staff per judge of the five district courts. Its work is further complicated by the difficulties of maintaining collegiality and timely disposing of matters, with judges assigned to two locations. The court had 283 filings per judge and produced 259 dispositions per judge in 1984. We find these factors plus an increase in filings of 198 cases, from 1983 to 1984, to justify the need for the one additional judgeship which is certified. In lieu of certification of the need for a second judgeship, we recommend funding of two senior law clerk positions and the administrative support staff for the Clerk’s office, requested by the Second District Court of Appeal in its FY 1985-86 budget request.

Third Appellate District. The Third District currently has nine judges, and the need for one additional judge in FY 1985-86 is certified.

The Third District has, for the past two years, had the highest ratio of filings and dispositions per judge. The court had 345 filings per judge and produced 351 dispositions per judge in 1984.

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467 So. 2d 286, 10 Fla. L. Weekly 173, 1985 Fla. LEXIS 3231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certificate-of-judicial-manpower-for-district-courts-of-appeal-fla-1985.