In Re Certification of Need for Add. Judges

842 So. 2d 100, 28 Fla. L. Weekly Supp. 117, 2003 Fla. LEXIS 162, 2003 WL 244801
CourtSupreme Court of Florida
DecidedFebruary 5, 2003
DocketSC02-2568
StatusPublished
Cited by2 cases

This text of 842 So. 2d 100 (In Re Certification of Need for Add. 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 of Need for Add. Judges, 842 So. 2d 100, 28 Fla. L. Weekly Supp. 117, 2003 Fla. LEXIS 162, 2003 WL 244801 (Fla. 2003).

Opinion

842 So.2d 100 (2003)

In re CERTIFICATION OF NEED FOR ADDITIONAL JUDGES.

No. SC02-2568.

Supreme Court of Florida.

February 5, 2003.

PER CURIAM.

Article V, section 9 of the Florida Constitution places an important responsibility on this Court to determine, prior to each year's regular legislative session, the need for increasing or decreasing the number of state judges and the need for redefining the jurisdictional boundaries of the district and circuit courts.[1] The certification process *101 is the mechanism that our constitution establishes for the systematic, uniform assessment of the State's need for judicial resources.

Pursuant to this constitutional mandate, we have considered judgeship requests submitted by the appellate and trial courts, examined case filing and disposition data, and analyzed various judicial workload indicators. Based on our review of these factors, conducted pursuant to uniform criteria established by rule,[2] we conclude that there is a need for two additional judges in the district courts of appeal, thirty-three in the circuit courts, and twenty-one in the county courts.

DISTRICT COURTS OF APPEAL

Using the criteria for certifying the need for additional district court judges set forth in Florida Rule of Judicial Administration 2.035(b)(2), we certify the need for one additional district court judge for the Second District and one for the Fourth District. These two judgeships were also certified in last year's opinion, see In re Certification of Need for Additional Judges, 806 So.2d 446, 448 (Fla.2002), but not legislatively authorized and funded.

We note that the district courts of appeal have been very conservative in their requests for additional judgeships over the last ten years in spite of significantly increasing caseloads. To their credit, instead of requesting additional judges, the district courts have pursued a variety of alternatives to address these increased caseloads, including the increased use of senior judge time, the development of case management systems, the use of information technology to assist in legal research, and the expanded use of central staff attorneys. Since fiscal year 1992-93, the number of annual filings in each district court has risen steadily. However, the number of judges in the district courts has remained constant since 1993, except for the addition of one judgeship in the Fifth District in 1999. Significantly, the total of 23,590 cases filed in the district courts in fiscal year 2000-01 represents an increase of some twenty-seven percent over the filings for fiscal year 1992-93. The courts have been restrained, however, in seeking additional judicial resources to meet the increased filings. But the Second and Fourth Districts have determined that they have exhausted alternatives and are now seeking a modest increase. Even given the innovative approaches the district courts have developed to efficiently and fairly hear cases, the Second and Fourth Districts each require an additional judge.[3]*102 In fiscal year 2000-01, the Second District averaged nearly 415 case filings and 273 dispositions per judge after submission on the merits. The Fourth District averaged 418 case filings and 236 dispositions per judge after submission on the merits, for the same time period. The statewide average for fiscal year 2000-01 was 381 case filings and 241 dispositions per judge after submission on the merits.

The Second District was last authorized additional judgeships a decade ago during the 1993 Legislative Session. Since that time, the Legislature has authorized thirty-one additional circuit judges in the geographic area served by the Second District. The current ratio of circuit judges to district judges in the Second District is ten to one. Hence, there has been a dramatic increase in trial court activity that spawns appeals. The district's population also exceeds four million people, which represents more than a twenty-one percent increase since 1990. The Second District experienced a twelve percent increase in filings from fiscal year 1999-00 to fiscal year 2000-01 alone. Further, there has been a fifteen percent increase in the number of dispositions by the district judges after submission on the merits over the same period.

In order to address this growing workload on an interim basis, the Second District's use of senior judge time during fiscal year 2000-01 was highest in the state. However, the chief judge of the district notes, and we agree, that senior judge use is not a permanent solution for addressing a significantly increasing judicial workload.

The Fourth District was last authorized additional judgeships during the 1988 Legislative Session. Since that time, the Legislature has authorized twenty-five additional circuit judges for circuits within the Fourth District. The current ratio of circuit judges to district judges for the Fourth District is 8.5 to 1. The district's population exceeds three million people, which is more than a twenty-nine percent increase since 1990. Case filings in the Fourth District have increased by thirteen percent from fiscal year 1999-00 to fiscal year 2000-01, the highest increase in the state for that period. Dispositions after submission on the merits also increased by six percent during the same period.

The chief judge of the Fourth District notes that increases in the number of practicing attorneys, general litigiousness, and increased activity within each case impacted the district's judicial workload, as well.

Given the high caseload, increases in population, and growth in the circuit courts within the Second and Fourth Districts, efficiency measures implemented by the district courts are no longer adequate to offset the need for additional judgeships.

TRIAL COURTS

In 2002, we certified the need for an additional forty-seven judgeships. See In re Certification of Need for Additional Judges, 806 So.2d 446, 450-52 (Fla.2002). Of the forty-seven trial court judgeships requested, only eighteen were funded, all at the circuit court level. However, based upon our application of the Delphi methodology for evaluating need,[4] we now must *103 report to the Legislature that this increase in judgeships has proven insufficient to address the overall judicial need in Florida's trial courts. We hereby certify the need for thirty-three additional circuit judges and twenty-one additional county judges.

Since our first certification using the Delphi methodology suggested by the Legislature, see In re Certification of the Need for Additional Judges, 755 So.2d 79 (Fla. 2000), the Legislature has authorized only thirty percent of the trial court judges certified. Hence, the State Courts System continues to experience a substantial judicial deficit given the growing workload. This deficit continues to grow despite the availability and extensive use of key supplemental resources.

This year, as in previous years, the Court used the Delphi-based workload weighting system to determine the need for judges in the twenty judicial circuits.[5] The result of that analysis has been considered by the chief judges of the circuit courts and by this Court in the determination of the need for judicial resources.

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Related

In Re Cert. of Need for Additional Judges
889 So. 2d 734 (Supreme Court of Florida, 2004)
In Re Certification for Additional Judges
863 So. 2d 1191 (Supreme Court of Florida, 2003)

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Bluebook (online)
842 So. 2d 100, 28 Fla. L. Weekly Supp. 117, 2003 Fla. LEXIS 162, 2003 WL 244801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-certification-of-need-for-add-judges-fla-2003.