In Re Certification for Additional Judges

918 So. 2d 283, 2005 Fla. LEXIS 2703, 2005 WL 3429518
CourtSupreme Court of Florida
DecidedDecember 15, 2005
DocketSC05-2120
StatusPublished
Cited by1 cases

This text of 918 So. 2d 283 (In Re Certification 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 Certification for Additional Judges, 918 So. 2d 283, 2005 Fla. LEXIS 2703, 2005 WL 3429518 (Fla. 2005).

Opinion

918 So.2d 283 (2005)

In re CERTIFICATION OF NEED FOR ADDITIONAL JUDGES.

No. SC05-2120.

Supreme Court of Florida.

December 15, 2005.

PARIENTE, C.J.

In this opinion we discharge our constitutional responsibility to determine the state's need for additional judges in the coming year and to certify "our findings and recommendations concerning that need" to the Legislature.[1] This is one of the Court's most crucial duties because the availability of judges to hear and decide cases in the county, circuit, and district courts is essential to fulfilling the guarantee of timely and meaningful access to justice for the people of Florida. See Art. I, § 21, Fla. Const. ("The courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay."). 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).

As in the past, we have used a weighted caseload system for the trial courts as required by the Legislature.[2] Applying these objective standards, we have considered judgeship requests submitted by the lower courts, examined case filing and disposition data, and analyzed various judicial workload indicators. In addition, in this year's assessment of the needs of the district courts of appeal, we have applied criteria newly recommended by the Commission on District Court of Appeal Performance and Accountability, as discussed below.

*284 In certifying the net need we have taken into consideration the fifty-five judgeships that were funded last session by the Legislature and signed into law by the Governor. This was half of the 110 judgeships certified. See In re Certification, 889 So.2d at 735. The court system is benefiting from the new judgeships created last year. In addition, during the special session held December 5-8, 2005, the Legislature authorized two new circuit judgeships for the Twentieth Circuit and two new county judgeships for Collier County in House Bill 41B, which the Governor has signed into law. There remains, however, a significant unfilled need for new judges. Taking into account the newly funded positions and applying objective criteria, we have concluded that the judicial need is sixty-six additional judgeships: two in the district courts of appeal, forty in the circuit courts, and twenty-four in the county courts. We note that had all the circuit and county judgeships that we certified last year been funded, this year we would be certifying the need for only an additional eleven judgeships for the county and circuit courts. These judicial positions, if funded, will eliminate the remaining gap between the present number of judges and the additional need.

TRIAL COURTS

Trial court judges are on the front lines in dispensing justice in Florida's courts. Approximately ninety-nine percent of court filings in Florida are processed in the circuit and county courts. Thus, the work of trial judges is vital to our citizens and businesses, who expect our judicial branch to help resolve issues fairly, peaceably, expeditiously, and in a manner that promotes the rule of law.

As stated above, this Court uses a case-weighting system based on accepted standards of measurement in determining the need for additional judges.[3] The case weighting system distinguishes different types of cases and addresses the differences in the amount of time that must be spent 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 consider the actual 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 their workload.

The gap between the certified need and the authorization of new judges was significantly narrowed during the 2005 Legislative Session. However, even with the new positions, judicial workload remains high. Florida, the nation's fourth largest state, ranks second highest among the ten largest states in filings per judge. Remarkably, as of 2003, our general jurisdiction judges handle approximately sixty-four percent more filings per judge than the national average.[4]

*285 Further, as we noted in last year's certification opinion, several factors peculiar to Florida affect judicial workload:

First, our population swells during the winter months, which produces increased activity of all kinds that impacts judicial workload. Second, the changing demographics of Florida affect our judicial system and strain its capacity. For example, the continued growth of non-English-speaking residents increases the need for court interpreters. Typically, these cases take longer to process and may contribute to delays in case processing times. Likewise, Florida's aging population has resulted in an increase in guardianship, probate, and other cases. Lastly, geographic complexities in multi-county circuits have placed additional workload demands on the circuit courts because of required travel between courthouses.

In re Certification, 889 So.2d at 737-38.

Compounding the need for additional judges is the growth in family court cases, such as those involving dissolutions of marriage, domestic violence, and repeat violence. Filings in dissolutions of marriage, domestic violence, and repeat violence cases increased by approximately thirteen, eight, and fifty-three percent respectively from fiscal year 1999-2000 to fiscal year 2003-04. For domestic violence and repeat violence cases, this trend began in the early 1990s. Since fiscal year 1991-92, there has been a fifty-seven percent increase in domestic violence filings and a one hundred eighty-six percent increase in repeat violence filings. Many of these cases involve complex issues affecting the well-being of children and families. The capacity to expeditiously hear and render decisions that are in the best interests of our children depends on an adequate number of judges and supplemental resources.

From fiscal year 1999-2000 to fiscal year 2003-04, there were significant increases in filings in several case types in the probate divisions. Marchman Act[5] cases lead the division with approximately a seventy-three percent increase, while Baker Act[6] and other social cases[7] increased by approximately twenty-three percent. Baker Act case filings are expected to continue this growth trend with the recent legislation creating a new procedure for involuntary outpatient placement. Filings in the remaining categories of circuit civil cases, including eminent domain, administrative agency appeals, replevins, and habeas corpus proceedings, increased by twenty percent from fiscal year 1999-2000 to fiscal year 2003-04.

Caseloads in the county courts continue to increase at a rate even greater than in the circuit courts. Overall, county court filings, excluding civil traffic infractions, increased approximately fourteen percent from fiscal year 1999-2000 to fiscal year 2003-04. In fact, during that period, significant increases occurred in five of the eight county court case types. The county court civil divisions had the greatest increases: small claims, civil (matters involving claims ranging from $5,001 through $15,000), and eviction cases underwent forty-five percent, thirty percent, and twenty percent increases in filings, respectively. *286

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