In Re: Amendments to the Code of Judicial Conduct; The Florida Rules for Certified and Court-Appointed Mediators; The Florida Rules of Civil Procedure; The Florida Rules of Juvenile Procedure; and The Florida Family Law Rules of Procedure—Senior Judges Serving as Mediators, Arbitrators, or Voluntary Trial Resolution Judges

Supreme Court of Florida · May 24, 2021 · No. SC21-737

Summary

The Florida Supreme Court amended the Code of Judicial Conduct, the Florida Rules for Certified and Court-Appointed Mediators, and several procedural rules to authorize senior judges who serve as mediators, arbitrators, or voluntary trial resolution judges to also preside over **criminal cases** in the same circuit. The amendments maintain the existing prohibition on presiding over **civil cases** in circuits where they provide dispute-resolution services, and all other ethical safeguards for dual service remain in place. The changes aim to maintain judicial workflow and mitigate the effects of the COVID-19 pandemic while avoiding the appearance of impropriety.

Holdings

  1. The Court amends the Code of Judicial Conduct and the Florida Rules for Certified and Court-Appointed Mediators, Florida Rules of Civil Procedure, Florida Rules of Juvenile Procedure, and Florida Family Law Rules of Procedure to authorize a senior judge to preside over criminal cases in circuits in which the senior judge provides mediation, arbitration, or voluntary trial resolution services, while maintaining the prohibition on presiding over civil cases in such circuits.

Questions Presented

  1. Whether the Code of Judicial Conduct and related rules should be amended to permit a senior judge to preside over criminal cases in circuits in which the senior judge provides mediation, arbitration, or voluntary trial resolution services.

Disposition

approved

Cases Cited (4)

  • In re Code of Judicial Conduct, 643 So. 2d 1037 (Fla. 1994)(cited)
  • In re Report of the Alternative Dispute Resolution Rules & Policy Committee, 915 So. 2d 145 (Fla. 2005)(cited)
  • In re Amendments to Code of Judicial Conduct, 141 So. 3d 1172 (Fla. 2014)(cited)
  • In re Amendments to Code of Judicial Conduct, 194 So. 3d 1015 (Fla. 2016)(cited)

Cited In (0)

No citing cases on record yet.

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