Certification of Judicial Manpower, In re, 79170

• Decision Date: 09 January 1992
• Docket Number: No. 79170,79170
• Citation: 592 So.2d 241
• Parties: In re CERTIFICATION OF JUDICIAL MANPOWER. 592 So.2d 241, 17 Fla. L. Week. S38
• Court: Florida Supreme Court

Page 241

592 So.2d 241

In re CERTIFICATION OF JUDICIAL MANPOWER.

No. 79170.

592 So.2d 241, 17 Fla. L. Week. S38

Supreme Court of Florida.

Jan. 9, 1992.

Original Proceeding--Certification of Judicial Manpower.

SHAW, Chief Judge.

Under the provisions of article V, section 9, of the Florida Constitution, the Florida Supreme Court is responsible for determining the need for an increase or decrease in the number of judges required to consider and dispose of cases filed before the respective courts. To this end, we have analyzed case filings and evaluated the growth in the workload of the state courts system over the past several years, in light of additional judgeships which have been authorized each year by the Florida Legislature.

As the result of this review, we are certifying the need for two district court of appeal judges, eight circuit court judges, and thirteen county court judges. A comparison of the requests for new judges filed by the respective courts and the new judgeships certified as needed for fiscal year 1992-93 follows.

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Florida Rule of Judicial Administration 2.035(b)(2) sets forth the criteria for certification of need for additional judges in the district courts of appeal. The Court received a request for two additional judgeships from the First District Court of Appeal. We certify the need for both judgeships. In making this recommendation we gave the greatest weight to past and projected filings for the First District Court of Appeal.

The last judgeship authorized for the First District Court of Appeal was effective in January 1990. Two judgeships were certified as necessary in 1991, but they were neither authorized nor funded by the Florida Legislature. Total filings for the First District Court of Appeal have increased almost 27% since 1989, while the other four district courts of appeal combined have experienced only a 7% growth rate in filings during the same time period. It is projected that from 1989 to the end of 1992 total filings will have increased by 927 cases. This growth trend is consistent in all categories of cases, including criminal, civil, administrative, and workers' compensation matters. Additionally, the First District Court of Appeal handles a disproportionate share of appeals of administrative rulings. This class of cases is usually more demanding in terms of judicial time and effort than general civil and criminal appeals. These factors are sufficient to justify two additional judgeships for the First District Court of Appeal.

The addition of two judges will bring the total number of judges in the First District Court of Appeal to fifteen. An analysis of the filing rates suggests that the trend of increased filings will continue into the foreseeable future. Anticipated increases in case filings and the fact that this court will have the highest number of judges of any of the district courts of appeal warrant a review of alternatives for meeting the increased workload requirements in future years through organizational, structural, and procedural means. The Supreme Court will initiate such a review over the next year.

Florida Rule of Judicial Administration 2.035(b)(1) sets forth the criteria for certification of need for judges at the trial court level. As with certifications of recent years, we have placed the greatest weight on statistical data reflecting the growth and composition of caseloads in the various circuits and counties. We have determined that the most consistent and reliable factor at the circuit court level is total case filings per judge. Criminal, civil, probate, domestic relations, guardianship, and juvenile case filings for each circuit are also evaluated by applying different weights reflecting their different requirements for judicial hearing time and attention. The filings-per-judge statistics for the county courts are adjusted to exclude worthless check offenses and criminal and civil traffic infractions, except for "driving under the influence" (DUI) infractions. In addition to those factors prescribed in Florida Rule of Judicial Administration 2.035, other criteria we considered included the use of county and senior judges on temporary assignment; the availability of supplemental hearing resources furnished by the counties (traffic magistrates, child support hearing officers, commissioners, and general or special masters); reliance on mediation and arbitration to resolve cases; and special local circumstances that affect case handling.

The need for additional judgeships at the circuit court level is more limited than in recent years. Even though the eight circuit judges certified as necessary by this Court in fiscal 1991-92 were not funded, we find it necessary to certify the need for only eight circuit judges this year. We hereby certify the need for one additional circuit judgeship for the Third, Tenth, Twelfth, and Nineteenth Judicial Circuits. We certify the need for two additional circuit judgeships for the Ninth and Twentieth Judicial Circuits.

Our data shows that the rate of increase in filings in the circuit courts, which had been quite dramatic during the later half of the 1980s, has slowed significantly since the last half of 1989. This is largely due to lower filing rates in the criminal divisions in many circuits. Criminal filings are down 7.5% since 1989. This is mainly attributable to a substantial drop in property and drug crimes over the past two years of 14% and 20% respectively. Violent criminal filings (murder, rape, assault, and robbery) are up 3% for the same period. Seventeen of the twenty judicial circuits experienced decreases in criminal filings since 1989; only the Ninth, Tenth, and Twentieth Judicial Circuits realized growth in workload in this category.

Civil, domestic relations, and juvenile filings are up slightly statewide but there is considerable variance in workload growth among the twenty judicial circuits. Civil filings are up 1.5% since 1989, largely due to a significant increase in real property and mortgage foreclosure cases. Personal injury litigation has also increased slightly during this time period. However, caseload statistics show a substantial decline in the number of contract and bad debt cases. This decrease is primarily due to the change in the monetary jurisdiction of the circuit court from $5,000 to $10,000, which was effective on October 1, 1990. All circuits experienced sharp declines in these types of civil filings after that date. There was a concurrent increase in county civil filings.

Domestic relations filings are up 10% since 1989. Much of the increase can be attributed to the increases in domestic violence petitions. Since 1986, when the statute governing...