Summary
The Supreme Court of Florida certifies the need for 19 new circuit court judges and 42 new county court judges for Fiscal Year 2008–2009. The Court also declines to certify any additional district court judges and discusses updated judicial workload case weights, supplemental judicial resources, and the inclusion of senior judges in its certification analysis.
Topics
Practice areas
Questions Presented
- Whether the Court should certify a need for additional circuit and county court judges for Fiscal Year 2008-2009.
- Whether the Court should certify a need for additional district court of appeal judges or a reduction in existing district court positions.
- What workload methodology and available judicial resources should be used in determining net judicial need.
Holdings
- Article V, section 9 of the Florida Constitution requires the Supreme Court of Florida to determine the need for additional judges under uniform criteria and certify its findings and recommendations to the Legislature when a need exists.
- The Court certified the need for nineteen new circuit court judges and forty-two new county court judges for Fiscal Year 2008-2009, distributed among the judicial circuits and counties identified in the opinion.
- The Court did not certify the need for any additional district court of appeal judges and did not certify a need to reduce the existing number of district court judicial positions.
Key quotations
“This opinion is intended to fulfill the constitutional obligation of this Court to determine the need for additional judges in Fiscal Year 2008-2009 and to certify our findings and recommendations concerning that need to the Legislature.” (351)
“Certification is "the sole mechanism established by our constitution for a systematic and uniform assessment of this need."” (351)
Factual background
The Florida court system conducted a Judicial Resource Study to update case weights and measure the workload contributions of judges, general magistrates, hearing officers, and other supplemental personnel. The Court considered statewide filing and disposition data, workload indicators, prior legislative additions of 114 judgeships, and requests from chief judges. Circuit and county court filings had increased substantially, including growth in felony, foreclosure, dissolution, dependency, misdemeanor, and municipal-ordinance cases.
Procedural history
The Supreme Court undertook its annual constitutional certification process after reviewing judicial workload data, case filings and dispositions, judgeship requests from lower courts, and updated judicial case weights. It also considered the contributions of general magistrates, hearing officers, senior judges, and other supplemental resources. The Court certified specified numbers of new circuit and county court judges, denied other requests, and certified no need for additional district court judges.