In re Certification of Judgeships

611 So. 2d 1244, 18 Fla. L. Weekly Supp. 124, 1993 Fla. LEXIS 103, 1993 WL 16012
CourtSupreme Court of Florida
DecidedJanuary 27, 1993
DocketNo. 81116
StatusPublished
Cited by2 cases

This text of 611 So. 2d 1244 (In re Certification of Judgeships) 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 of Judgeships, 611 So. 2d 1244, 18 Fla. L. Weekly Supp. 124, 1993 Fla. LEXIS 103, 1993 WL 16012 (Fla. 1993).

Opinion

BARKETT, Chief Justice.

Under the provisions of article V, section 9, of the Florida Constitution, the Florida Supreme Court is responsible for determining the need for an increase or decrease in the number of judges required to consider and dispose of cases filed before the respective courts. To this end, we have analyzed case filings and evaluated the growth in the workload of the State Courts System over the past several years, in light of additional judgeships which have been authorized each year by the Florida Legislature.

As the result of this review, we certify the need for four district court of appeal judges, eleven circuit court judges, and seven county court judges. A comparison of the requests for new judges filed by the respective courts and the new judgeships certified as needed for fiscal year 1993-94 follows:

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[1246]*1246Florida Rule of Judicial Administration 2.035(b)(2) sets forth the criteria for certification of need for additional judges in the district courts of appeal. The Court received requests for two additional judge-ships each from the First and Second District Courts of Appeal. We certify the need for these four judges. In evaluating this request, we gave the greatest weight to past and projected filings.

The last judgeship authorized for the First District Court of Appeal was effective in January 1990. Two judgeships were certified as necessary in both 1991 and 1992, but they were neither authorized nor funded by the Florida Legislature. It is projected that from 1989 to the end of 1993 total filings for the First District Court of Appeal will have increased by 1,285 cases. This represents a 37 percent increase. This growth trend is consistent in all categories of cases, including criminal, civil, administrative, and workers’ compensation matters. Additionally, the First District Court of Appeal has exclusive jurisdiction to hear workers compensation appeals and handles a disproportionate share of appeals of administrative rulings. These factors are sufficient to justify two additional judge-ships for the First District Court of Appeal.

The Second District Court of Appeal has experienced substantial growth in its caseload since the last judgeship for that court was authorized in January 1989. It is projected that from 1989 to the end of 1993 total filings for the Second District Court of Appeal will have increased by 1,667 cases. This represents a 47 percent increase. Almost half of this growth will occur in 1992 and 1993. This growth trend is consistent in all categories of cases, including criminal, civil, and administrative matters. These factors are sufficient to justify two additional judgeships for the Second District Court of Appeal.

Florida Rule of Judicial Administration 2.035(b)(1) sets forth the criteria for certification of need for judges at the trial court level. As with certifications in recent years, we have placed the greatest weight on statistical data reflecting the growth and composition of caseloads in the various circuits and counties. We have determined that the most consistent and reliable factor at the circuit court level is total case filings per judge. Criminal, civil, probate, family, guardianship, mental health and juvenile case filings for each circuit are also evaluated by applying different weights reflecting their differential requirements for judicial hearing time and attention. The filings per judge statistics for the county courts are adjusted to exclude worthless check and civil traffic infractions. In addition to those factors prescribed in Florida Rule of Judicial Administration 2.035, other criteria we considered included the use of county and senior judges on temporary assignment; the availability of supplemental hearing resources furnished by the counties (traffic magistrates, child support hearing officers, and general or special masters); reliance on mediation and arbitration to resolve cases; and special local circumstances that affect case handling.

The need for additional judgeships at the circuit court level is greater than in the past two years. We certified the need for only eight circuit judges in fiscal 1991-92 and 1992-93. We find it necessary to certify the need for eleven circuit judges this year, including one additional circuit judgeship for the Third, Fifth, Sixth, Tenth, Eleventh, Twelfth, and Thirteenth , judicial circuits, and two additional circuit judgeships for the Ninth and Twentieth judicial circuits.

Our data shows that the rate of growth in filings in the circuit courts began to increase in 1992 after a period of slow growth between 1989 and 1991. Criminal, juvenile, family, probate, guardianship and mental health filings are projected to grow significantly through 1993. Much of this growth is attributed to a substantial increase (over 10 percent) in violent criminal filings, domestic violence petitions and delinquency petitions. Circuit civil filings are [1247]*1247projected to be down almost four percent from 1991 to 1993, largely due to a significant decrease in contract and indebtedness cases. This decrease is primarily due to the change in the monetary jurisdiction of the circuit court from $5,000 to $15,000, over the past two years.

Based on the caseload trends discussed above, we find compelling justification for eleven new circuit court judgeships. All but one of the courts for which new circuit judgeships are certified are projected to have 1993 filings levels above the 1,865 filings per judge threshold, at which this Court has determined there is a presumptive need for more judicial resources. Other factors, such as geographical constraints affecting judicial assignments, reliance on senior judges on temporary assignment, and historical assignments of county judges to hear circuit court matters, weighed heavily in our decisions for selected circuits.

These judgeships are critical to the ability of the circuit courts to keep up with caseloads. Since the last circuit judges were added in January, 1991, significant delays in obtaining a trial date or hearing on a motion are developing. We must ensure criminal dockets are adequately covered. Likewise, we must be concerned about the resulting congestion in civil calendars. We find that intolerable delays will only worsen if the additional judge-ships we have certified are not authorized and funded. The eleven circuit court judgeships we find to be needed are the absolute minimum required to meet our constitutional mandates. Authorization of these judges will not enable us to reverse the trends discussed above, but they are crucial to our ability to avoid greater delays than are currently the norm in many circuits.

Our request for additional county judges is very limited this year. One additional judgeship is deemed necessary for Bro-ward, Hillsborough, Orange, Osceola, Clay, Brevard, and Palm Beach counties. All of these counties have realized steady increases in filings and all are ranked among the top ten counties in filings per judge.

In evaluating the need for additional judges we relied principally on filings data. The filings data were adjusted to exclude highly variable counts of civil infractions and worthless checks because of their limited .requirements for judicial time. We looked at the total filings, including criminal, civil and DUI cases. We also added and considered other criminal traffic matters at the recommendation of the Court Statistics and Workload Committee.

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Related

Amendment to Florida Rule of Judicial Administration 2.035
665 So. 2d 218 (Supreme Court of Florida, 1995)
HINES ELEC. v. McClure
616 So. 2d 132 (District Court of Appeal of Florida, 1993)

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Bluebook (online)
611 So. 2d 1244, 18 Fla. L. Weekly Supp. 124, 1993 Fla. LEXIS 103, 1993 WL 16012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certification-of-judgeships-fla-1993.