Sunday, April 5, 2009

Judicial Branch

Florida Court System


Overview: Florida has four levels of courts:

Click on the following link to go to the Florida Courts website: http://www.flcourts.org/


Florida Supreme Court


The highest Court in Florida is the Supreme Court, which is composed of seven Justices.
At least five Justices must participate in every case, and at least four must agree for a decision to be reached.

Currently the Florida Supreme Court consists of the following justices, who are also pictured at the beginning of this section:
Chief Justice Peggy A. Quince

Click on any of the names above to read a biography on the Justice.

The Court's official headquarters is the Supreme Court Building in Tallahassee.

Click on the picture of the Florida Supreme Court Building to view the Florida Supreme Court website.

To be eligible for the office of Justice, a person must be a qualified elector who resides in Florida and must have been admitted to the practice of law in Florida for the preceding ten years.

For most of Florida's history, all judges were chosen by direct election of the people. The only exception was when a vacancy occurred on a court between elections. In that case, the Governor appointed a replacement to serve until the next election was held. This election of judges led to many problems. Judges had to raise campaign money, which often was donated by the same attorneys who practiced before the Court. By the mid-1970s, the problem became even more serious after several Florida judges were charged with violations of ethics.

In 1971, Governor Reubin Askew took the first step toward reforming the system. That year he instituted a system called "merit selection." Under this system, the Governor referred a Court vacancy to an impartial panel, which suggested names of possible appointees. The Governor then selected a name from the list. In 1974, Justice Ben F. Overton became the first Supreme Court Justice chosen by this method.

Leaders knew, however, that a more complete change still was needed, because judges still faced periodic elections after appointment. The effort to do this was spearheaded by Governor Reubin Askew, Chief Justice Overton, and State Rep. Sandy D'Alemberte (former President of Florida State University), among others. As a result, Florida voters amended the Constitution in 1976, to create a "merit retention" system for Florida's appellate judges. This system was meant to eliminate the many problems caused by judges running for office in an election.
When there is a vacancy on the Court today, this system means that the Governor chooses the next Justice from a list of three qualified persons recommended by the Judicial Nominating Commission. When Justices' terms expire, their names will appear on the general election ballot for a merit retention vote, if they wish to remain in office. Under this system, the voters have eliminated contested elections in which appellate justices and judges campaign against other candidates.
Instead, the question on the ballot is: "Shall Justice _____ be retained in office?" If a majority of the votes cast are not in favor of retaining the incumbent Justice, the Governor appoints another person to fill the vacancy. This person is chosen from a list of individuals whose applications have been reviewed and who have been found qualified by the Judicial Nominating Commission.

The Chief Justice

By a majority vote of the justices, one of the justices is elected to serve as Chief Justice, an office that is rotated every two years. The Chief Justice presides at all proceedings of the Court. If the Chief Justice is absent from Court, the most senior Justice present becomes acting Chief Justice. By longstanding tradition, the most senior Justice who has not yet served as Chief Justice is elected to the top post in every even-numbered year.

As chief administrative officer of the entire State judicial system, the Chief Justice assigns justices and judges to duty in courts that require temporary assistance, including retired justices and judges who consent and are approved by the Court to serve.
The Chief Justice supervises the compilation and presentation of the judicial budget to the Legislature. Among other constitutional duties, the Chief Justice presides or designates another Justice to preside over impeachment proceedings in the Senate. The Chief Justice is assisted in the performance of administrative tasks by:
  1. An Inspector General, (currently Ken Chambers ), and
  2. A State Courts Administrator, (currently Lisa Goodner).

The Chief Justice is also frequently called upon to swear in State officers. By longstanding custom, the Chief Justice swears in each newly elected Governor. From around 1905, to 1937, a single Bible was used to swear in all Governors. That Bible is now on display in the glass case in the Supreme Court Library.

Additionally, the bulk of trial court decisions that are appealed are never heard by the Supreme Court. Rather, they are reviewed by three-judge panels of the district courts of appeal.

Florida did not have district courts of appeal until they were first approved in 1957. Until that time, all appeals were heard solely by the Supreme Court. However, as Florida grew rapidly in the 20th Century the Supreme Court's docket had become badly congested. Justice Elwyn Thomas with help from other members of the Court perceived the problem and successfully lobbied for the creation of the district-court system.

The Constitution now provides that the Legislature shall divide the State into appellate court districts and that there shall be a district court of appeal (DCA) serving each district. There are five such districts that are headquartered in Tallahassee, Lakeland, Miami, West Palm Beach, and Daytona Beach.


District Courts of Appeals (DCA)

Currently (2009):

15 judges serve in the First DCA,
13 judges serve in the Second DCA,
10 judges serve in the Third DCA,
12 judges serve in the Fourth DCA, and
13 judges serve in the Fifth DCA.
That makes a total of 63 DCA judges.

The wisdom of creating the DCA is beyond question. To visit the Florida DCA public website, click on the Florida District Courts picture above.

By 1994, the DCAs were hearing about 20,000 appeals annually. Literally, it would be impossible for a single appellate court to hear that many cases today. The Florida Supreme Court's case number runs around 2,000 a year, which is considered a full docket.
DCA judges must meet the same eligibility requirements for appointment to office as Justices of the Supreme Court, and they are subject to the same procedures and conditions for discipline and removal from office. Like Supreme Court Justices, district court judges also serve terms of six years and are eligible for successive terms under a merit retention vote of the electors in their districts. In each district court, a chief judge, who is selected by the body of district court judges, is responsible for the administrative duties of the court.
Circuit Courts

Until 1973, Florida had more different kinds of trial courts than any state except New York. A movement developed in the late 1960s to reform this confusing system. As a result, Florida now has a simple two-tier court system. A temporary exception was the municipal court, which was not abolished until January 1, 1977. Most of these courts in major population areas were abolished on January 1, 1973.

The majority of jury trials in Florida take place before one judge sitting as judge of the circuit court. The circuit courts are sometimes referred to as courts of general jurisdiction, in recognition of the fact that most criminal and civil cases originate at this level.
The Constitution provides that a circuit court shall be established to serve each judicial circuit established by the Legislature. There are 20 judicial circuits. Click on the picture of the Leon County Courthouse to go to the Florida circuit courts website. Within each circuit, there may be any number of judges, depending upon the population and caseload of the particular area.

To be eligible for the office of circuit judge, a person must be a resident elector of Florida and must have been admitted to the practice of law in the State for the preceding five years. Circuit court judges are elected by the voters of the circuits in nonpartisan, contested elections against other persons who choose to qualify as candidates for the position.

Circuit court judges serve for six-year terms, and they are subject to the same disciplinary standards and procedures as Supreme Court justices and district court judges. A chief judge is chosen from among the circuit judges in each judicial circuit to carry out administrative responsibilities for all trial courts (both circuit and county courts) within the circuit.













County Courts
The Florida Constitution establishes a county court in each of Florida's 67 counties. The number of judges in each county court varies with the population and caseload of the county. County judges who have been members of the Bar for at least five years are eligible for assignment to circuit court, and they are frequently assigned as such within the judicial circuit that embraces their counties. Click on the picture of the Hardee County Courthouse to view the State County Court website.









County judges serve four-year terms, and they are subject to the same disciplinary standards, and to the jurisdiction of the Judicial Qualifications Commission, as all other judicial officers. In lieu of impeachment, however, they are subject to suspension by the Governor.