Summary
The Supreme Court of Florida adopts new Florida Rule of Judicial Administration 2.236, formally establishing the Florida Courts Technology Commission as a standing Supreme Court commission. The opinion defines the Commission's responsibilities, authority, membership, reporting duties, operational procedures, and relationship with the Appellate Court Technology Committee.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court of Florida should adopt a new Rule of Judicial Administration establishing the Florida Courts Technology Commission as a standing Supreme Court commission.
- What responsibilities, authority, operational procedures, membership requirements, reporting obligations, and committee structure should govern the Florida Courts Technology Commission under the new rule.
Holdings
- The Supreme Court of Florida adopted new Rule of Judicial Administration 2.236, formally establishing the Florida Courts Technology Commission as a standing commission of the Court, effective immediately upon release of the opinion.
- Rule 2.236 authorizes the Florida Courts Technology Commission, under the direction of the Supreme Court, to oversee, manage, and direct judicial-branch technology; develop and review technology policies and standards; evaluate and approve technology systems and applications; enforce compliance; direct technology committees; and report recommendations to the Court.
- Rule 2.236(g) formally establishes the Appellate Court Technology Committee as a standing committee of the Florida Courts Technology Commission and requires Commission review and approval of Committee recommendations implicating court technology policy.
Key quotations
“We have jurisdiction and adopt the new rule.” (41 So. 3d at 128)
“establishing the FCTC by rule will stabilize the Commission's responsibilities, authority, and stature in the judicial branch.” (41 So. 3d at 129)
“it is imperative that there is a permanent judicial branch commission to oversee and monitor the development, implementation, and use of technology in the trial and appellate courts” (41 So. 3d at 129)
“Therefore, justice system partners not represented on the Commission will have a vehicle to bring technology issues that may impact them to the Commission” (41 So. 3d at 132)
Factual background
The Florida Courts Technology Commission had previously been created and charged through successive administrative orders issued by incoming chief justices. The petition sought to establish the Commission permanently by rule as technology use, electronic filing, electronic access to court records, and digital court information expanded throughout Florida's judicial branch. The proposed rule addressed the Commission's responsibilities, authority, membership, operational procedures, reporting duties, and relationship with the Appellate Court Technology Committee.
Procedural history
The Florida Courts Technology Commission filed a rulemaking petition. The Supreme Court published the proposed rule for comment, considered the petition, the FACC's comment, and the Commission's response, and adopted new Rule of Judicial Administration 2.236 with modifications.