Judicial organizations express concerns amidst call for circuit consolidation

by | Aug 4, 2023

  • Legal organizations are expressing concerns over the proposed consolidation of Florida’s judicial circuits.
  • Issues raised include the potential impact on elections and campaign funds for judges in larger geographic areas, fear of judicial disruptions due to different operating systems, and loss of identity for smaller courts in rural areas.
  • The Florida Bar Board of Governors is hesitant about the consolidation, citing a lack of justification for the process, while Chief Justice Carlos G. Munoz supports studying the necessity of consolidation.

Tensions are rising as organizations including the Florida Bar, the Florida Public Defender Association (FPDA), and a collection of 20 Chief Judges voice their concerns over the proposed consolidation of Florida’s judicial circuits.

One of the major issues raised during the Judicial Circuit Assessment Committee’s meeting on Friday was the impact on elections and relevant campaign funds for judges running for elected positions in larger geographic areas. In presiding over a larger region, several groups expressed uncertainty over whether or not a sitting judge could adequately campaign while taking on a larger caseload and simultaneously campaign for election. Moreover, a secondary objection among liaisons exists in the potential chilling effect on candidates vying for judicial vacancies.

The FPDA also reported lukewarm feelings about the consolidation, fearing it would lead to a high level of judicial disruptions due to different circuits utilizing different operating systems.

Those representing rural counties at the meeting are particularly concerned about smaller courts “losing their identities,” as judges in sparsely populated towns and counties are intimately familiar with local rulings and customs. The organizations argued that the dissolution of small circuits statewide would create further disruptions to judicial proceedings amid a period of adjustment.

The Florida Bar Board of Governors expressed trepidation about the consolidation proposals, citing a lack of justification for undertaking the process, though they acknowledged that the process is still in its early stages.

Moreover, an increase in potential travel time for judges and court personnel could exacerbate existing problems. Carlos J. Martinez, the FPDA liaison, pointed out the difference in travel distances between single-county circuits, which are more compact, and multicounty circuits, where travel times could become a significant issue upon a potential circuit merger.

“There was an observation that many of the single county circuits brought forward in that we are much more compact,” said Martinez. “Therefore, our travel distances are much shorter, whereas, with a multicounty circuit, they have a big issue with travel times. If there is a collapse, the geographic region would expand and worsen a problem that already exists.”

Meanwhile, Glenn Kelley, the Liasion for all 20 state Chief Judges, reports that preliminary sentiment is unknown among the Chief judges, though the conglomeration is working to craft a collective response and sense of opinion regarding the matter.

To assess interest in the consolidation, further outreach is underway through a survey that utilizes a five-point scale across six criteria areas, including expenditures, judicial frameworks, and potential issues. This survey aims to gauge the feelings and opinions of stakeholders about facilitating the consolidation.

The committee responsible for studying the proposal, chaired by Judge Jonathan D. Gerber of the Fourth District Court of Appeal, was formed following a letter penned by House Speaker Paul Renner that suggested consolidating the circuits could result in enhanced public trust and improve the efficiency of the judicial process.

Chief Justice Carlos G. Munoz supported the need for consideration and study of whether to consolidate Florida’s judicial circuits and emphasized that the committee should focus on determining the necessity of consolidation.

“Without expressing any view on the merits at this time, the Court agrees that the question of whether there is a need to consolidate Florida’s judicial circuits deserves thoughtful consideration and careful study,” wrote Chief Justice Carlos G. Munoz in an administrative order. “To that end, and to aid the Court in making its ultimate determination, the Court believes it would be beneficial to appoint an assessment committee.”

In his letter, Renner highlighted the wide variation in the size of Florida’s judicial courts, with the eleventh circuit serving a population of 2.7 million and the sixteenth circuit serving fewer than 100,000 people. He also pointed out that the boundaries of the judicial circuits have remained unchanged since 1969, despite significant population and demographic changes over the years.


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