In re Certification of Judicial Manpower

540 So. 2d 820, 14 Fla. L. Weekly 104, 1989 Fla. LEXIS 1281, 1989 WL 22957
CourtSupreme Court of Florida
DecidedMarch 9, 1989
DocketNo. 73796
StatusPublished

This text of 540 So. 2d 820 (In re Certification 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 Certification of Judicial Manpower, 540 So. 2d 820, 14 Fla. L. Weekly 104, 1989 Fla. LEXIS 1281, 1989 WL 22957 (Fla. 1989).

Opinion

EHRLICH, Chief Justice.

Under the provisions of article V, section 9, of the Florida Constitution, it is the responsibility of the Florida Supreme Court to determine the necessity of increasing or decreasing the number of judges required to effectively and efficiently consider and dispose of cases filed for consideration before the respective courts. To this end, we have analyzed case filings and considered other pertinent data. We have evaluated the growth in the workload of the State Courts System over the past five to six years, in light of additional judgeships which have been authorized each year by the Florida Legislature. This certification is predicated on the rapid and considerable growth in caseloads of the various district courts of appeal, and the circuit and county courts.

Annual filings in Florida’s district courts of appeal have grown from a total of 13,-438 in 1984 to 16,003 in 1988, an increase of 19%. The projected filings for 1989 for these courts total 17,279 cases, which would represent a 29% increase since 1984. While the 1988 Legislature authorized seven additional district court judgeships, effective January 1989, the total number of district court judges has grown by only 15% over the same period.

The circuit courts handle the most serious. of Florida’s criminal cases, all family matters, a wide range of civil matters involving disputes valued in excess of $5,000, probate and guardianship concerns, and delinquency and dependency cases involving Florida’s children and youth. These courts have realized consistent and generally substantial increases over the past six years in every one of these categories of cases, with the exception of dependency proceedings. Total circuit court filings have grown from 513,484 in 1983 to 703,257 in 1988, an increase of 37%. The 1989 forecast for the circuit courts is expected to total 743,586 cases, which would represent an increase of 45% since 1983. During the same period, the number of circuit judges increased by 12.7%, or a total of 43, failing to keep pace with the substantial growth in workload.

Criminal filings over the past two years at the circuit court level have shown the most dramatic and alarming increases of all case types. In 1986, 133,912 felony cases were filed in the circuit courts. That figure increased to 146,818 in 1987, and 172,175 in 1988. Drug-related offenses and those involving the use and trafficking of crack cocaine, in particular, accounted for much of this increase. The number of drug-related crimes grew by 75% in that two-year period, from a 1986 total of 27,520 cases to 47,871 cases in 1988. Between 50 and 75% of prosecutions for other types of offenses, including burglary, theft, and robbery, are thought to be drug-related, that is they are the result of persons seeking funds for the purchase of crack cocaine or other drugs. Juvenile delinquency filings, too, have shown consistent increases over the past five years, ranging from 8 to 10% annually. Here, too, a large share of the delinquency filings is attributable to drug-related offenses. Data provided by the Department of Health and Rehabilitative Services shows an increase of 385% for felony-equivalent, drug-related referrals over the past two years. These trends have had á significant effect on the ability of the courts, and the criminal justice system as a whole, to effectively deal with Florida’s growing crime problem. Judges have been reassigned to hear criminal and juvenile matters, leaving civil dockets and calendars for probate and guardianship proceedings backlogged. The limited availability of judicial manpower to conduct trials may be contributing to the substantial increase in the number of pleas that are entered in criminal cases, which might not be accepted except for the exigencies created by this unprecedented growth in crimes related directly or indirectly to [821]*821drugs. This Court is advised by judges and prosecutors in the trial courts that there is a far greater acceptance of pleas to lesser offenses than is deemed desirable, for this very reason. In certain circuits, those defendants whose cases are set for trial are waiting in jail for longer periods, at a time when many of Florida’s jails are overcrowded and operating under population caps imposed by the federal courts.

As with the district and circuit courts, Florida’s county courts have realized large increases in case filings. There were a total of 3,205,665 cases filed in the county courts in 1982. That figure jumped by approximately 1,000,000, or 29%, to around 4,140,175 in 1988. The increases in county court workload have been most profound in the urban counties and other “growth” areas of the state, particularly in certain counties on the eastern seaboard and southwest Florida. In addition to having to keep pace with the growing number of cases at the county court level, Florida’s county judges in these and other counties throughout the state have frequently been assigned on a temporary basis to handle cases at the circuit court level because of the shortage of circuit court judges. In 1988, the equivalent of approximately 17 judge years of county judge time was spent hearing circuit matters. However, since 1982 just 23 new county judgeships have been authorized, an increase of only 11% in the size of the county court judiciary.

In view of the significance of the foregoing facts and trends, this Court is certifying the need for five district court of appeal judges, fifteen circuit court judges, and six county judges. The comparison of the requests for new judges filed by the respective courts and the judgeships certified as needed, for each year of the biennium, is as follows:

REQUESTS/SUPREME COURT CERTIFICATION

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
In re Certification of Judicial Manpower
521 So. 2d 116 (Supreme Court of Florida, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
540 So. 2d 820, 14 Fla. L. Weekly 104, 1989 Fla. LEXIS 1281, 1989 WL 22957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certification-of-judicial-manpower-fla-1989.