2019 Court News Events

The Office of the State Courts Administrator (OSCA) provides information and brief write-ups about newsworthy events happening in and around the Florida court system. 

Recent News & Updates

• Access Commission hears 'impactful' message from Legal Services Corporation president - December 13, 2019
• Know Your Court highlights county court changes - December 10, 2019
• Mediation Day 2019 at the Florida Supreme Court - November 5, 2019
• Stetson’s Center for Excellence in Elder Law now hosts WINGS guardianship collaboration - October 1, 2019
• Guardianship Initiative Produces Resources for Judges, Attorneys, Law Enforcement Officers, and Those Exploring Decision-Making Options - September 18, 2019
• RISE Court: The 17th Circuit's Specialized Division for Child Victims of Human Trafficking - September 13, 2019
• The Annual Dispute Resolution Center Conference: Options and Opportunities - August 26, 2019 
• The Fifth Circuit Facilitates "Electric" Statewide Court Interpreter Conference - August 23, 2019  
• 7th Circuit TCA Mark Weinberg Receives Prestigious National Award - July 26, 2019
• July is Florida Courts Opioid Awareness Month - June 26, 2019
• Florida Courts Public Information Officers Present at Florida College of Advanced Judicial Studies - June 13, 2019
• Guardianship Update: WINGS Workgroups Share Their Accomplishments - June 5, 2019
• Commission Updated on Efforts to Assure Access Following Hurricanes - June 4, 2019
• Law Day at the Florida Supreme Court - May 8, 2019
• Take Our Children to Work Day at the Florida Supreme Court - May 8, 2019
• The New Appellate Judges Program: Offering Strategies for "How I Can Do My Job Better" - April 15, 2019
• Teaching Teachers: Educators' Perspectives on Learning at the Supreme Court of Florida - March 27, 2019
• The Florida Supreme Court Teacher Institute - February 25, 2019
• Florida Commission on Access to Civil Justice Presents to the House Civil Justice Subcommittee - January 31, 2019
• Seventeenth Circuit Launches Community Court - January 22, 2019
• St. Petersburg Pilot Project Brings Mediation Option to Landlord-Tenant Disputes - January 8, 2019
• Florida Supreme Court Archives Grow with the Donations of Departing Justices Pariente and Quince - January 9, 2019

 

Access Commission hears 'impactful' message from Legal Services Corporation president

By Paul Flemming

James J. Sandman came to the Florida Commission on Access to Civil Justice earlier this month with a message: Access to Justice is a critical issue and Commission members are in a prime position to raise the topic’s profile and prioritize responses.

Sandman is president of Legal Services Corporation, the nation’s single largest source of funding for legal help on civil cases to low-income Americans.

“We are the backbone of Legal Aid in the United States,” Sandman said.

Supreme Court Justice Jorge Labarga, who is chair of the Access Commission, introduced Sandman during a media availability ahead of the meeting. Justice Labarga said he had come to know Sandman well while he served as chief justice from 2014-18 and participated in several Legal Services Corporation forums and events.

“The biggest problem we face … is ignorance of the problem. It is an invisible issue,” Sandman said. “It’s a system that works pretty well if you’ve got a lawyer and not very well at all if you do not.”

Sandman cited research by the National Center for State Courts finding 75 percent of civil cases include one side not represented by an attorney. He said many attorneys are not aware of the problem because they work with clients who can afford representation. He further said many individuals who need legal help do not see it as a legal problem, instead characterizing their challenges as financial difficulties.

Sandman said efforts to make court processes, rules, and forms less complex is essential.

“We need to simplify the civil justice system, particularly in those categories of cases where large numbers of people are unrepresented and the stakes involve the essentials of life. We have a system that is too complicated.”

Commission member state Senator David Simmons, who also serves as chair of the Senate Judiciary Committee and is president pro tem of the Senate, said Sandman’s message, particularly about the need for simplification, resonated with him.

“I think that the remarks that have been made here today are the most impactful I have heard in a long, long time,” Simmons said.

Senator Simmons agreed with the need for simplification.

“What impacted me the most was listening to Mr. Sandman talk about the need to simplify our legal system. Individuals in poverty need a simple legal system that’s user friendly,” Simmons said. “Individuals in corporations need a system that is equally as simple because they don’t want to be in poverty by the time they get done with the litigation in the judicial system.”

Sandman said access commissions in Florida and elsewhere are positioned well to make a difference.

“This is a societal issue and not just for the legal profession,” Sandman said. “Because of the influence you have, by virtue of the positions you hold in your day jobs, you have an important role to play in educating people about the problem and enlisting others. Go do it.”

The president of Legal Services Corporation said Florida’s Access Commission, as well as those in other states, is also in a prime position to set priorities. The challenge of providing legal services to those who need them is overwhelming. Sandman said the work of Legal Aid offices and the free volunteer work provided by attorneys is very important, but will never be enough to bridge the gap between unmet legal needs and available resources.

“Focus on things that are likely to have impact and be achievable is critical to the work,” Sandman said.

Access Commission members heard and saw efforts its members and staff have under way that fit that description.

Commission member Monica Vigues-Pitan, executive director of Legal Services of Greater Miami, provided an update on the Legal Services Corporation Disaster Task Force. Executive Committee Chair Greg Coleman, a West Palm Beach attorney, addressed fellow members on outreach to the business community and also updated progress with the Commission’s Florida Courts Help. Staff from the Office of the State Courts Administrator provided reports on an online dispute resolution initiative and preliminary findings from a Justice for All grant, among other projects.

The full meeting is archived and available for viewing on The Florida Channel.

(posted December 2019) / Return to top of page

Know Your Court campaign highlights county court changes

By Paul Flemming

On January 1 there are significant changes happening in county court. The judicial branch and clerks of court are working to ensure courts users in Florida are aware of what is going on.

On the first day of 2020:

• Dollar limits for civil cases in county court double to $30,000
• Small claims cases are increasing to include amounts up to $8,000, an increase of 60 percent
• Civil filers must include a cover sheet that specifies the amount of money in dispute in cases valued at more than $8,000
• Filing fees remain as they have been and do not change

Staff in the OSCA, in the judicial circuits, and with clerks of court are making operational and informational changes in preparation.

Florida’s State Courts System and the Florida Court Clerks & Comptrollers worked together to develop a communications plan to inform the public of the changes. Public information officers in 20 judicial circuits and with 67 clerks of court along with communications staff at The Florida Bar are using coordinated messages, graphics, and video on their websites, in their offices, and on social media to make sure the public is aware what is coming.

Increases in county courts’ jurisdictional limits were passed by the legislature and signed by the governor. Increases to small claims amounts and the civil cover sheet changes were adopted in rules approved by the Supreme Court.

A series of videos featuring clerks of court, a county judge, and The Florida Bar President John Stewart explain different aspects of the changes and are also highlighted on websites and social media. The change should be seamless and invisible to most courts users. Lawyers and self-represented litigants who file electronically will be automatically prompted to include an amount in dispute when filing civil cases. The Florida Courts E-Filing Portal will automatically produce a civil cover sheet in compliance with new rules.

Look for these messages on the websites and in the social media feeds of the OSCA and our circuits, along with clerks of court around the state. More details can be found at KnowYourCourt.org.

(posted December 2019) / Return to top of page

Mediation Day 2019 at the Florida Supreme Court

By Beth C. Schwartz, Court Publications Writer

Conflict Resolution Day (the third Thursday of October) was established to promote awareness of mediation, arbitration, conciliation, and other methods for resolving disputes creatively and amicably.   Since 2005, when this tradition started, October has become a time to encourage and celebrate peaceful conflict resolution practices all across the world. Because mediation is the alternative dispute resolution process that Florida’s courts utilize most frequently, each October, the Florida Dispute Resolution Center (DRC) facilitates a Mediation Day event for area school students studying conflict resolution skills: these young peacemakers have an opportunity to mark the day with a trip to the state’s highest court to engage in some hands-on learning about mediation. 

This year, 27 elementary school students (grades 1 through 5) from Florida State University School visited the court to learn more about peaceful methods of dispute resolution.  In addition to hearing a little about the court system and taking a building tour (which included a visit to the courtroom, the library, the rare book room, the lawyer’s lounge, and the justices’ conference room), they enthusiastically entertained DRC staff with their enactment of a mediation between the three little pigs and the wolf! 

They also participated in two small-group mediation exercises.  In the first, students were divided into small groups and were told that each group is (hypothetically) being given one orange that everyone in the group desperately wants; each group’s job was to negotiate a way of divvying up the orange such that all group members would have their interests met (they arrived at some very resourceful solutions!).  At the heart of the second exercise was a dispute between next-door neighbors.  After being divided into groups of three (with two students playing the neighbors and one, the judge), they enacted a scenario in which the neighbors had their case decided by a judge.  After all the neighbors talked about how it made them feel to have a verdict imposed on them, the groups of three enacted the same scenario—only, this time, the student who had played a judge now played a mediator; guided by the mediator, the neighbors were given the opportunity to arrive at a consensual resolution to their argument.  Hands down, students preferred this dynamic because they realized that, with mediation, both parties were able to get something of what they wanted.  

Another highlight of their visit was a visit by Justice Ricky Polston, who talked to them about the roles of the courts and then gave them a chance to ask him any court-related questions they had.  Questions were indeed panoramic, ranging from “Who chooses the frames for all the justices’ portraits?” to “How do judges arrive at their decisions?” and

“Who was your favorite mentor?” 

The immediate goal of peer mediation is to teach students how to resolve disputes harmoniously in their schools.  But it has a far-reaching goal as well.  The essence of democracy is the ability to resolve differences through civil means; in learning peacemaking skills, these students are learning how to listen respectfully to what other people say.  In short, the dispute resolution skills they are developing are also helping them become better citizens.  (Take this link to learn more about mediation and alternative dispute resolution in Florida.)

(posted November 2019) / Return to top of page

Stetson’s Center for Excellence in Elder Law now hosts WINGS guardianship collaboration

Office of the State Courts Administrator

The Center for Excellence in Elder Law at Stetson University will assume the leadership of WINGS, a national guardianship program incubated by Florida’s courts and now transitioning to the state’s acknowledged experts and national leaders in this area of specialization.

WINGS, or Working Interdisciplinary Network of Guardianship Stakeholders, began with a grant awarded to Florida’s Office of the State Courts Administrator from the American Bar Association’s Commission on Law and Aging. The transfer and evolution from startup to mature program allows the continuation of WINGS following the successful completion of the grant.

Stetson University, a stakeholder in WINGS from its inception in 2017, will coordinate meetings of WINGS, host its website, and manage the work of the program through the Center for Excellence in Elder Law and its faculty, including Professor Rebecca Morgan and Professor Roberta Flowers.

Morgan and Flowers created a video series used to train and educate attorneys nationwide on the ethical dilemmas faced by elder law attorneys. They were awarded the Florida Supreme Court Professionalism Award for their video productions. In addition, they designed the nation's first elder-friendly courtroom. Morgan and Flowers also developed, through WINGS, four e-learning modules to increase judges’ and attorneys’ professional competence and skills related to guardianship and less restrictive options.

There are 4.3 million Floridians aged 65 or older. A quarter of the state’s population is projected to be aged 65 or older by 2030. Increasingly, Floridians seek help from the State Courts System when they or loved ones need their interests protected. Guardianship cases for adults have increased steadily, with more than 7,300 cases to establish guardianship filed in the 2017-18 fiscal year, a 13 percent increase from five years previous.

In its startup phase directed by the courts, WINGS members recommended strategies for boosting the number of physicians serving on examining committees, created an informational guide and toolkit for decision-making options, and developed a tool to help law enforcement officers and first responders identify abuse, neglect, or exploitation.

WINGS stakeholders include representatives from Florida courts, clerks of court, executive agencies, private organizations, and advocacy groups as well as family guardians and self-advocates. More information about WINGS, the guardianship e-learning modules, and other guardianship resources may be found on the Florida WINGS website, flwings.ai183club.com.

(posted October 2019) / Return to top of page

Guardianship Initiative Produces Bounty of Resources for Judges, Attorneys, Law Enforcement Officers, and Those Exploring Decision-Making Options

By Beth C. Schwartz, Court Publications Writer

Guardianship is one of the few case types in Florida that has shown growth over the last six years: between fiscal years 2013 – 14 and 2018 – 19, guardianship filings have increased 21.14 percent.  Perceiving this rise in guardianship cases as a potential trend—especially given the burgeoning of the state’s older population—the judicial branch has been involved in several significant efforts to improve guardianship processes. 

The most recent was the establishment of the Florida Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS), a broad-based, synergistic endeavor focused on improving practices in adult guardianship.  With a grant and technical assistance from the American Bar Association’s Commission on Law and Aging and the National Center for State Courts, WINGS held its inaugural summit in July 2017. 

The Office of the State Courts Administrator (OSCA) has been guiding this effort to kindle collaborative approaches to addressing guardianship issues.  Focused on identifying, assessing, and improving guardianship practices and other decision-making alternatives, the approximately 50 WINGS stakeholders from across the state have been working to enhance the quality of care and the lives of vulnerable adults.

Among its accomplishments, WINGS members drafted a comprehensive plan, including recommendations and recruitment strategies, for boosting the number of physicians serving on examining committees; created an informational guide and toolkit for contemplating decision-making options; and developed a tool to assist law enforcement officers and first responders in identifying and reporting abuse, neglect, or exploitation.

In addition, in partnership with Stetson University’s Center for Excellence in Elder Law, the National Judicial College (national experts in judicial training), and judges and attorneys from across the state, WINGS produced four e-learning modules on a range of guardianship issues. These web-based, interactive courses are designed to increase judges’ and attorneys’ professional competence and skills related to guardianship and less restrictive options: 

 ~Roles and Responsibilities of Judges and Attorneys in Florida Guardianship Cases addresses the primary duties and responsibilities of judges and attorneys in guardianship matters, including consistent application of the law, timely filings, accurate reports, and focus on the individual who is need of a guardian or is under guardianship;

 ~Ethical Considerations for Judges and Attorneys focuses on the ethical obligations of judges and attorneys in a guardianship context, including diligence, competency, recognizing conflicts, and taking protective action;

 ~Decision-Making Alternatives examines the various decision-making alternatives that may meet the needs of an individual in lieu of a guardianship, how those alternatives are identified, and the considerations a judge should take into account in determining whether an alternative to guardianship is sufficient;

 ~and Eldercaring Coordination and Mediation considers the role of alternative dispute resolution processes in guardianship and whether eldercare coordination might provide a better outcome than litigation.

Each module takes approximately 60 – 90 minutes to complete, and each is eligible for continuing judicial education and continuing legal education credit.  These online guardianship courses can be accessed under Resources on the WINGS website.

Although the grant has concluded after the successful completion of its requirements, WINGS members continue to press on with their collaborative endeavors.  They recently began working on three new priority projects: to develop and pilot a volunteer court visitor program; to establish a process for courts to notify the Social Security Administration when a guardian of the property who is also a representative payee is removed; and, in an effort to improve the consistency, quality, and content of family guardianship training courses, to design an evaluation guide for courts to use when approving training programs.

(posted September 2019) / Return to top of page

RISE Court: The Seventeenth Circuit’s Specialized Division for Child Victims of Human Trafficking

By Beth C. Schwartz, Court Publications Writer

Under Florida law, human trafficking is defined as “transporting, soliciting, recruiting, harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation of that person.”  Regarded as a form of modern-day slavery, human trafficking involves the use of “force, fraud, or coercion for the purpose of sexual exploitation or forced labor” [section 787.06, Florida Statutes].  In the US, human trafficking crosses all social, ethnic, racial, and gender lines: traffickers prey on people of all ages, nationalities, socioeconomic levels, educational levels, and abilities, and its victims include undocumented immigrants, documented immigrants, and US citizens.  According to the National Human Trafficking Hotline, which maintains one of the most extensive data sets on human trafficking in the country, Florida ranks third (behind California and Texas) in the nation in reported human trafficking cases. 

Various public and private entities in Florida, both local and statewide, have been working to raise awareness of and to support the victims of human trafficking.  The judicial branch has also been playing an active role in addressing this multifaceted, complex crime: being uniquely positioned to convene and coordinate the stakeholder groups that address human trafficking-related issues that surface in the judicial process, courts can support the victims’ efforts to achieve justice and restoration.  The Seventeenth Circuit’s RISE Court—an acronym for Restoring Independence, Strength, and Empowerment—is the judicial branch’s most recent effort. 

RISE Court is a docket for providing specialized treatment exclusively to children who are known to be, or are suspected of being, victims of human trafficking.  (Note: because minors cannot consent to commercial sex, under federal and Florida law, anyone under the age of 18 who is involved in a commercial sex act is considered a victim of sex trafficking, regardless of the presence of force, fraud, or coercion.)  In part inspired by the Eleventh Circuit’s GRACE Court, which launched in July 2016, RISE Court is situated within the dependency and delinquency divisions of the circuit’s Unified Family Court.  Chief Judge Jack Tuter established the docket by administrative order in June of this year, and he designated Judge Stacy Ross—who conceptualized RISE Court with the help of Judge Hope Bristol and Judge Stacey Schulman—as the presiding judge.  RISE Court, which had its first session on August 13, is starting out small, at least initially: it’s scheduled to convene every other Tuesday, with its chief priorities being mental health and medical care for the children and reintegrating them into the school system.

RISE Court was created in response to the alarming increase in human trafficking reports—particularly the growth in the number of cases involving minors—across the globe.  This trend has been documented in the US and in Florida, as well.  In its 2018 Global Report on Trafficking in Persons, for instance, the United Nations Office on Drugs and Crime details “the rise in the number of reported victims” around the world.   In the US, the Florida Department of Health relays that “Estimates in the US exceed 14,500 – 17,500 [human trafficking victims] annually”; of these, “80 percent are women and children,” the department states, noting that “half of all trafficking victims [are] under the age of 18.”  And in Florida, the Department of Children and Families affirms that, “From SFY 2013‐14 to SFY 2017‐18, there was a 147.7% increase in reports to the hotline for human trafficking maltreatments,” with Broward and Miami-Dade counties having the highest number of human trafficking reports (Annual Human Trafficking Report 2017-2018); especially in the last three years, Broward has seen a significant increase in the number of reported cases—including a hike in the number of cases involving minors (Broward Human Trafficking Coalition).

In the Seventeenth Circuit, dependency division judges are now responsible for determining whether a child’s case is eligible for RISE Court, and if the child qualifies, additional court proceedings are being assigned to Judge Ross.  She describes RISE Court as “an exercise in case management,” explaining that if a family case involving a young human trafficking victim is currently assigned to Judge Schulman, for instance, that case will remain with Judge Schulman.  However, Judge Ross will begin seeing the child separately to assess what services are necessary, how services are being administered, and what additional needs should be addressed.  Meanwhile, Judge Schulman will continue to address the rest of the family’s needs, handling judicial reviews, permanency reviews, and the like.  Through this arrangement, Judge Ross will be able to devote her judicial time exclusively to the child victim.

In addition to good case management practices, to be truly effective, RISE Court requires the participation of and communication among numerous community partners.  The collaborative approach the Seventeenth has developed includes the Attorney General’s Office in Broward County, the circuit’s Attorneys ad Litem and Guardian ad Litem programs, the Broward County Clerk of Courts Office, the Department of Children and Families, community-based care providers like the Citrus Helping Adolescents Negatively Impacted by Commercial Exploitation Program and ChildNet, and the case managers at the Seventeenth.  These “will all be key stakeholders to ensure the success of RISE Court,” say Judges Ross and Schulman.

"The focus of RISE Court is the child and the child's unique needs,” Judge Ross stresses,” adding, “Together, we will provide the specialized treatment and wrap-around services that these identified, child-victims so desperately deserve.  These children have experienced significant trauma in their lives; however, quite often, they are amazingly strong and resilient.  This incredible resiliency is what inspires me and gives me such a passion for what I do.  I believe that everyone working in RISE Court shares this same passion, and as a team, we will make a real difference in the lives of these children."

(posted September 2019) / Return to top of page

The Annual Dispute Resolution Center Conference: Options and Opportunities

By Beth C. Schwartz, Court Publications Writer

Each year, Florida’s courts dispose of well more than three million cases through a variety of dispute resolution processes, including diversion (e.g., drug court, veterans court), plea, adjudication by trial, and mediation.  Because mediation and other alternative dispute resolution (ADR) methods enable parties to resolve disputes without judicial intervention, they are typically speedier and less costly than traditional litigation.  In addition, because these parties take an active role in the problem-solving process, they are generally more satisfied with the terms of the settlement than are those who must defer to the decision of a judge or jury.  By promoting communication between parties, by conserving judicial time, and by helping the judicial branch use public resources responsibly, mediation and other alternative dispute resolution practices help to improve the administration of justice.

To become supreme court certified, prospective mediators must be at least 21 years old and of good moral character, and they must also meet a host of rigorous education, mentorship, and training requirements (the requirements differ depending on the area of mediation in which they seek certification: the five areas are county, family, circuit, dependency, and appellate).  But a mediator’s education does not end after certification: mediators are required to earn 16 hours of continuing mediator education in each two-year renewal cycle.  (Follow this link to learn more about how to become a supreme court certified mediator.) 

Florida’s premier event for earning continuing mediator education credits is the statewide Dispute Resolution Center (DRC) conference.  This annual program provides participants with opportunities to hone their mediation skills and expand their knowledge of ADR practices, thus supporting their efforts to maintain high standards of professionalism and ethical behavior.  Routinely drawing more than 1,000 attendees, the conference has been growing in size and scope since its inauguration in 1992.  This year, the DRC held its twenty-seventh annual conference: from Thursday, August 15, through Saturday, August 17, ADR professionals from across the state gathered in Orlando to earn continuing education credits, learn about a panoply of ADR-related topics, and network with one another.   

This year’s program was anchored by three very exciting and timely plenaries.  Law professor and mediator Nancy Welsh (Aggie Dispute Resolution Program, Texas A&M University School of Law) presented the opening plenary on What We Do and Don’t Know about Court-Connected Mediation.  She began by saying that ADR professionals assume that mediation is now an integral part of civil litigation, for instance, and that mediation helps people communicate, but do we know these to be facts?  Noting that anecdotes are not always borne out by data, she urged courts to collect data on the number of cases referred to mediation, the number of mediations that occur, the types of settlements, and the parties’ perceptions of the mediation in an effort to increase transparency in court processes and to enable courts to determine the extent to which mediation is fair and truly helps the parties.  The afternoon plenary on Cybersecurity for Mediators, with mediator and attorney Christopher Hopkins, was indeed opportune, given the heightening of digital attacks on individuals, institutions, and even entire cities; in addition to pointing out common and not so common digital vulnerabilities, he offered attendees practical tips for protecting both their own data and the confidential data with which they are entrusted.  And the Ethics Plenary (with ADR Chief Susan Marvin, Mr. Hopkins, Christy Foley, Michael A. Carter, and Gregory Knight) featured a demonstration of a mediation conducted through videoconferencing as well as a panel discussion of mediator ethics issues that arise from the use of online dispute resolution (ODR)—a new concept for the judicial branch that has become central to discussions of the future of courts (note: the Florida Supreme Court recently approved the implementation of an ODR pilot in six counties for small claims, civil traffic, and dissolution without children cases). 

Sandwiched among the plenaries were five sets of workshop sessions (each with 13 possibilities to choose from) that offered attendees an abundance of opportunities to enhance their ADR skills and knowledge on a wealth of ADR-connected subjects.  Altogether, mediators were able to earn up to 12.6 CMEs (including 1.5 hours in mediator ethics and 1.5 hours in interpersonal violence) during the day-and-a-half-long event.  Conferees interested in earning additional hours in interpersonal violence could opt to attend a four-hour pre-conference training.

The conference included a few special offerings, as well.  In recognition of the burgeoning elder population—which experts predict will double between 2008 and 2030—this year’s program contained a five-part training on Elder Law Mediation and Shared Family Decision Making.  A three-part Arbitration Training was also available.

In her Welcome address in the conference brochure, ADR Chief Susan Marvin remarks on the importance of enhancing ADR skills, “especially as our world continues to demonstrate a need for professionals who can promote civil discourse and peaceful options to resolve disputes in all aspects of life.”  In support of the pressing need for peacefulness and composure, the DRC set up a rock painting booth nestled among the various vendor booths.  At this booth was a Beginners Guide to Rock Painting, along with heaps of smallish, smooth stones and a bucket of paint pens in every conceivable color.  Between sessions, and late into the evenings, people could be seen silently, mindfully, decorating their chosen palettes with images of fanciful creatures, bodies of placid water, whimsical flowers and trees, and inspiring, calm-inducing words and sayings.  For those who wanted to reinforce this sense of serenity, the program also offered 6:30 a.m. yoga classes both mornings as well as a 6:00 p.m. class at the close of the first day. 

For the last 19 years, the DRC conference has been held in Orlando.  So it was most fitting that Ninth Circuit Chief Judge Donald A. Myers was invited to welcome everyone to the program.  After noting the dramatic rise in certain case types in Orange and Osceola counties, Chief Judge Myers pointed out that “There is no possible way we could try all those cases in our courts....If every case started in the courts and went to trial, it would be a devastating burden on and impediment to justice.”  It’s the mediators who keep the courts from becoming overburdened, he stressed; they perform “foundational work for the health of our communities.”  Quoting retired US Supreme Court Justice Sandra Day O’Connor, he reminded listeners that "The courts of this country should not be the places where resolution of disputes begins.  They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried."  Thanking the mediators in the audience, he ended with, “The resolution of disputes begins not with the courts, but with you.” 

(posted August 2019) / Return to top of page

The Fifth Circuit Facilitates “Electric” Statewide Court Interpreter Conference

By Beth C. Schwartz, Court Publications Writer

“Justice depends on the competence and quality of judges and court employees,” the judicial branch long-range plan pronounces.  To “maintain a professional, ethical, and skilled judiciary and workforce,” the plan continues, “timely education and training” are essential.  In fact, since 1988, continuing judicial education has been mandatory in Florida: judges are required to earn a minimum of 30 approved credit hours of continuing judicial education every three years to augment their legal knowledge, administrative skills, and ethical standards.  Certain court personnel groups also have to earn continuing education credits.  For instance, since 2000, certified mediators must complete a minimum of 16 hours of continuing mediator education every two years to enhance their professional competence.  For the same reason, court interpreters, since 2010, must complete at least 16 hours of continuing interpreter education every two years. 

To meet their education obligations, Florida’s court interpreters initially had to rely on the offerings of private entities.  But because these programs are often costly and don’t always focus on the particular skills an interpreter is seeking to strengthen, starting in 2011 – 12, several circuits sought to supplement the list of approved programs by developing their own free, face-to-face training opportunities.  With the help of their local judges, staff interpreters, attorneys, and topic experts, they began creating, and getting approval for, programs they designed to accommodate the specific learning needs of their court interpreters.  Thus far, nine circuits—the Fifth, Sixth, Seventh, Ninth, Tenth, Thirteenth, Fifteenth, Seventeenth, and Nineteenth—have received Florida Court Interpreter Certification Board approval for a wealth of continuing interpreter education programs.  (This link goes to the approved continuing interpreter education programs.) 

Although the target audience for most of these programs has been local court interpreters, some circuits have begun expanding that reach.  For example, the Tenth Circuit invites court interpreters from across the state to participate in its free trainings.  In the last three years, the Tenth has offered three, day-long programs—most recently, this past spring—and each has drawn approximately 100 participants from far and wide.

This year, the Fifth Circuit took this much-appreciated trend a step further: it coordinated Florida’s first ever, two-day, statewide court interpreter conference.  All told, more than 200 people from across the state ventured to Crystal River to participate in this free program.  Attendees included court interpreters, prospective court interpreters, and 88 American Sign Language interpreters; because of the chance to earn continuing education credits in sign language, ADA coordinators from nearly every circuit in the state attended, as well. 

Court interpreters who took advantage of the full menu of workshop sessions were able to earn the 16 credit hours of continuing interpreter education (including ethics) required for their biennial renewal.  The two mornings began with a keynote address, after which participants could take up to seven 50-minute workshops (both days, two different workshops were offered in each time slot, and participants chose between them).  Of the 28 workshops offered altogether, six were tailored to the learning needs of American Sign Language interpreters; four were devised to enhance attendees’ diversity awareness and cultural competency; two were devoted to ethics; and the rest reflected an extensive range of court events of relevance to court interpreters—among them, cases involving human trafficking, interpersonal violence, eldercaring and guardianship, mental health issues, capital murder, video remote interpreting, firearm and tool mark analysis, and forensic interviews.  And for those who anticipated craving even more education, the Fifth Circuit also coordinated a five-hour pre-conference workshop on improving voice quality and improving the quality and ease of renditions (while the two-day conference was free, those who participated in the pre-conference workshop had to pay a $125 fee).

According to Mr. Jeffery Fuller, the circuit’s general counsel, and Mr. Todd Tuzzolino, the chief deputy trial court administrator, the Fifth Circuit could offer this big event at no cost for two reasons.  First, they created a “leadership team” that included “all the local talent we needed to make this conference happen.  We just drew on different people’s experiences and expertise.  We did our own planning, coordinating, branding, and marketing; we created the logo; we even rebuilt the conference app.”  Heading up the endeavor was Ms. Stephanie Lorich, the circuit’s due process manager: “As event coordinator for the conference, she played a vital role in overseeing the day-to-day planning of the event,” they said; “Without her dedication and hard work, the conference would not have been the success It was.”  And, second, the presenters—among them, local attorneys, professional interpreters, and professors from the University of Florida, the University of Central Florida, and the University of South Florida—agreed to teach for free.  It probably helped that Mr. Tuzzolino, in seeking to recruit prospective court interpreters, had been doing outreach to these universities: to introduce students to the profession of court interpreting, he began visiting language classes and legal translation and interpretation classes at the University of Central Florida, and he is currently working to build a similar program with the other two universities.

Talking about this university outreach program prompted them to segue to the inspiration for the conference.  They explained that the Court Communication Plan for the Judicial Branch of Florida 2016 was adopted under Chief Justice Labarga, and in 2018, early in the third year of the plan’s implementation, he urged each of Florida’s courts to make outreach its communication goal for the year.  This exhortation came at a time when Mr. Fuller and Mr. Tuzzolino were in the early stages of conceptualizing the conference, and it sparked them to reach out to the universities to see if some of the professors would be interested in teaching.  Also spurring them to coordinate the conference was Justice Labarga’s commitment to improving access to civil justice: “Every citizen should have the same level of access to justice,” they emphasized, and they thought “a statewide conference for language access professionals would be one of the ways our circuit could work on helping to realize Justice Labarga’s goal.”

Feedback has been overwhelmingly enthusiastic.  One of the presenters wrote, “The 2019 Florida Court Interpreter Conference provided a great professional development opportunity for spoken and sign language interpreters from throughout the southeast region.  I commend the Fifth Judicial Circuit for bringing together first-rate presenters and for hosting this educational forum.”  Another presenter praised the Fifth Circuit for having “coordinated an impressive first-of-its-kind conference in our state.  As a presenter, I was humbled by the quality of the other faculty members who brought an amazing depth and breadth to the important issues addressed in the sessions.  The participants, too, were incredibly knowledgeable and contributed to the overall effectiveness of the conference.  And the Fifth Circuit staff were exceptionally professional and well prepared.”  And a conference attendee described the conference as “more than I ever expected. The atmosphere was electric as language professionals and legal experts brought a wealth of knowledge to participants.  Crystal River was a superb venue choice and perfect for genuine networking opportunities in a relaxed setting.  The Fifth Circuit must be applauded for its initiative and expert level event planning.”

Inspirited by this kind of feedback, Mr. Fuller and Mr. Tuzzolino are committed to making the Statewide Court Interpreter Conference an annual event: “We won’t let it die,” they stressed.  Their hope is that they can facilitate it every other year, and in between, another circuit will step forward to pick up the mantle.  In fact, a plan is already in the works for the 2020 program, so please stay tuned....

(posted August 2019) / Return to top of page

7th Circuit TCA Mark Weinberg Receives Prestigious National Award

By OSCA staff

Mr. Mark Weinberg, who has been the Trial Court Administrator for the Seventh Judicial Circuit since 1993, is the 2019 recipient of the Award of Merit from the National Association for Court Management.  Presented each year at the NACM Annual Conference, this award “recognizes distinguished service and outstanding contributions to the profession of court administration.”  Recipients are chosen for demonstrated leadership, improvements in the administration of justice and the delivery of public service, and support for the independence of the judiciary.  (This link goes to a brief interview with Mr. Weinberg.)

(posted July 2019) / Return to top of page

July is Florida Courts Opioid Awareness Month

By OSCA staff

Florida and the nation are experiencing a well-documented opioid crisis.  There are now more annual deaths from accidental opioid overdose than from traffic crashes. 

In response to this crisis, Chief Justice Charles T. Canady has signed a proclamation designating July 2019 within the State Courts System as Opioid Awareness Month, a time for awareness and treatment for opioid-use disorder.

“I call upon judicial officers and court staff members to increase their efforts to understand the effect of opioid use disorder throughout the judicial system and in the cases before them,” Chief Justice Canady’s proclamation states.

Widespread, debilitating, and sometimes fatal opioid-use disorder among Floridians requires judges and court staff members, especially those working in the state’s problem-solving treatment courts as well as family courts, to understand addiction and its effect on the brain, along with treatment standards.  The statewide judicial branch opioid initiative offers a six-pronged approach, including training and technical assistance for Florida’s judges and courts staff.  

In addition, 72 judges and court staff from all 20 circuits have been selected to be “circuit champions” for this initiative and are currently studying the issues related to opioid use disorder as they intersect with the court. 

Education, awareness, accountability, and evidence-based medication-assisted treatment programs can make a difference in Florida.  The state’s courts are sensitive to the pain and harm caused by increasing opioid use disorder and committed to improving response.  Judges and staff throughout the state will mark July’s Opioid Awareness Month with information about effective programs, self-auditing of evidence-based responses, and promoting conferences and training scheduled for the coming months. In addition to the statewide judicial branch response, various local court awareness events have also been planned.

Take this link for more information about the Opioid Initiative in Florida courts.

(posted June 2019) / Return to top of page

Florida Courts Public Information Officers Present at Florida College of Advanced Judicial Studies

By Paul Flemming, Public Information Officer

Last month, members of the Florida Courts Public Information Officers, a nonprofit group representing PIOs from all state courts jurisdictions, presented to about three dozen state judges during a session at the Florida College of Advanced Judicial Studies. The course, The Judiciary & The Media, was one among 24 conducted by volunteer faculty presenters, providing 156 hours of judicial education.

The Advance Judicial Studies is supported by the Florida Court Education Council and staff of the Office of the State Courts Administrator.

“Our Faculty Presenters, Track Leaders, and other volunteer judges have donated their time and effort to develop and present judicial education programs that meet the diverse needs of our almost 1,000 county, circuit, and appellate judges from around the state,” wrote Judge Donna Padar Berlin, a circuit judge in Sarasota’s 12th Judicial Circuit and incoming dean of the College of Advanced Judicial Studies.

The Judiciary & The Media course was presented by Stephen Thompson, public information officer for the Sixth Judicial Circuit; Karen Levey, chief deputy court administrator in the Ninth Judicial Circuit; Michelle Kennedy, public information officer in the 18th Judicial Circuit; Craig Waters, director of the Florida Supreme Court Public Information Office; Tricia Knox, deputy director of the Florida Supreme Court Public Information Office; and Paul Flemming, public information officer for the Office of the State Courts Administrator. 

Among the sessions presented during the course were Making the News Good: How to Increase Public Understanding Through Good Works and Community Outreach and Keeping Abreast of Technological Changes in the Media World from Social Media to Live Streaming.

Public information officers in Florida’s state courts are the outgrowth of then-Chief Justice Charles T. Wells directive to appoint PIOs after a 2002 report on emergency preparedness prompted by the terror attacks of 2001.

Material and discussions centered on the Florida election recount of 2000, developments in social media and the law, strategies for high-profile cases, and best practices for communications and outreach from around the state.

(posted June 2019) / Return to top of page

Guardianship Update: WINGS Workgroups Share Their Accomplishments

By Beth C. Schwartz, Court Publications Writer

With a grant and technical assistance from the American Bar Association’s Commission on Law and Aging and the National Center for State Courts, the Office of the State Courts Administrator (OSCA) has been guiding a Florida Working Interdisciplinary Network of Guardianship Stakeholders (WINGS) initiative, a broad-based, synergistic enterprise focused on improving practices in adult guardianship.  Chaired by Judge Frederick J. Lauten, Ninth Judicial Circuit, WINGS has been working to kindle collaborative approaches to addressing guardianship issues; in facilitating the coordination of key representatives from the various stakeholder groups, the initiative aims to ensure that efforts are not duplicated and that collective impact is preserved.  Through their focus on identifying, assessing, and improving guardianship practices and other decision-making alternatives, the approximately 50 WINGS stakeholders from across Florida aim to enhance the quality of care and the lives of vulnerable adults.

Since the WINGS launch in July 2017, members have participated in five full-day, in-person summits and one half-day conference call.  Before their first year was through, they identified four areas on which they believe the initiative must focus (Abuse, Neglect, and Exploitation; Alternatives to Guardianship; Process Improvement and Standardization; and Education and Awareness); developed a strategic plan for guardianship reform in Florida; and distinguished and prioritized eight concrete goals.  At their fourth summit, in May 2018, they divided into three workgroups to direct their efforts toward the first three goals: develop a recruitment plan to increase the number of physicians serving on examining committees; develop a decision-making options toolkit for the public; and create a tool to help law enforcement and first responders recognize and respond to elder abuse and similar issues affecting vulnerable populations.

The most recent summit, this past May in Tallahassee, began with workgroup chairs giving presentations on their progress thus far.  The first workgroup surveyed physicians from circuits around the state to determine the reasons for low physician participation in examining committees and, based on what they learned, developed a comprehensive plan that includes both recommendations and recruitment strategies for boosting physician engagement.  The second workgroup created an Exploring My Decision-Making Options brochure for the public: this concise, user-friendly, and visually appealing guide addresses topics such as money management options, power of attorney, representative payee, trusts, health care surrogacy, mental health advance directives, living wills, do not resuscitate orders, and a description of the difference between guardian advocacy, guardianship, and limited guardianship.  In addition, this workgroup built a straightforward checklist designed to help people explore their decision-making abilities and determine whether they need any supports.  When complete, these tools will be posted on the WINGS website.  And the third workgroup prepared a draft of a Law Enforcement and First Responder Protocol for Investigating Abuse, Neglect, and Exploitation of Vulnerable Adults, which offers a three-step process for recognizing and responding to elder abuse as well as lists of resources for law enforcement and first responders and for victims and their families.   

Following these workgroup presentations, OSCA employees Nathan Moon and Melinda Coulter, who staff WINGS, gave a preview of the e-learning modules on guardianship currently under development.  Partnering with Stetson University’s Center for Excellence in Elder Law, the National Judicial College (national experts in judicial training), and judges and attorneys from across the state, they are producing four modules, each with comprehension checks and active learning exercises.  Roles and Responsibilities of Judges and Attorneys is nearly ready to post; soon to follow will be modules on Ethical Considerations in Guardianship Cases; Decisionmaking Alternatives; and Eldercaring Coordination.  As they are completed, these e-learning modules will be posted on the WINGS website. 

Although their accomplishments are impressive, WINGS members made it clear that they are not about to rest on their laurels.  In fact, they have already begun gearing up to address the next set of priority areas.  Workgroups have just been established to accomplish the following: develop and pilot a volunteer court visitor program; establish a process for courts to notify the Social Security Administration when a guardian of the property who is also a representative payee is removed; and design an evaluation guide for courts to use when approving family guardianship training courses in an effort to improve course consistency, quality, and content.

The May 10 summit was the last WINGS meeting underwritten by the American Bar Association grant.  So, as a prelude to discussing sustainability plans for WINGS, the time was ripe for members to share whether, and how, WINGS—which is the first endeavor to bring all stakeholder groups together to collaboratively advance guardianship reform in Florida—has been helpful to the guardianship-related work that each of them performs.  On the whole, members were very enthusiastic about their WINGS experience; they are excited about the tools they have developed collectively and about the opportunities that WINGS has given them to learn about resources created by other stakeholder groups.  And they also appreciate having regular networking and collaboration opportunities and remarked on the ways in which their awareness has increased from working closely with stakeholders from a variety of backgrounds and perspectives.  The kind of fruitful relationship-building that WINGS has sparked can only support efforts to map a global strategy for improved processes and increased effectiveness—and, ultimately, to enhance the lives of people who have, or may need, guardians.

(posted June 2019) / Return to top of page

Return to Full Court Press Spring 2019

Commission Updated on Efforts to Assure Access Following Hurricanes

By Paul Flemming, Public Information Officer

Staff members from the Panhandle’s 14th Judicial Circuit — six counties from Panama City’s Bay County to the state line and Marianna’s Jackson County — provided a compelling presentation on efforts to get state courts up and running following Hurricane Michael.

The presentation was part of a series of reports about courts staff response to Hurricanes Irma and Michael, including information from The Florida Bar as well as Legal Services, providing representation to low-income people in civil legal matters.

Trial Court Administrator Robyn Gable and Court Technology Officer Gary Hagan provided members of the Florida Commission on Access to Civil Justice first-hand information about what Justice Jorge Labarga called “heroic efforts” to get courts open and provide access to justice.

Gable described the immediate and ongoing challenges caused by the Category 5 storm, to the community as well as those who work for the courts.

“Nothing prepares you for the toll it takes on your staff,” Gable said. “Much of our staff continues to not live in their homes.”

Gable said there were two priorities after Hurricane Michael. Of primary importance was locating and assuring the safety of all judges and staff. This was made nearly impossible by the damage caused to infrastructure.

“It’s hard to describe the lack of communication,” Gable said. Power, cell service, fiber optic networks, and transportation were all compromised.

Second, judges and staff in the 14th Circuit focused on restoring essential functions of the courts. On October 10, when Michael came ashore, courts in 27 counties and six judicial circuits were closed in anticipation of dangerous conditions. The majority were open again within days. The severity of damage in the 14th Circuit meant enormous challenges and difficulty getting courthouses or temporary solutions open.

Court Technology Officer Gary Hagan recounted how judges and staff from all around the state aided the effort to get the severely damaged computer networks moved, repaired, and functioning.

Bay and Jackson counties, along with all other jurisdictions, were open by October 29. First appearances and emergency hearings began within days as judges traveled to jails and temporary facilities, designated judges from adjacent circuits stepped in, and staff worked to restore network and communication services. Gable said 48 judges and staff were displaced from their offices in Bay County and 17 judges and staff were put out of their workplaces in Jackson County. Temporary offices, shared space, and connectivity challenges are still the norm in Panama City and Marianna.

Jury trials were suspended in Bay County until January, in part because of the difficulty reaching prospective jurors. Judges are conducting double trial weeks now to get schedules back on track.

Access to justice was also aided by the Young Lawyers Division of The Florida Bar. Frank Digon-Greer, assistant director of the programs division at The Florida Bar, told Commission members about the results of a partnership to provide a hotline for legal services referrals.

Following Hurricane Irma, there were 424 volunteers who provided 2,036 referrals. In the aftermath of Michael, there were 185 volunteers who provided 718 referrals.

Legal Services of Greater Miami Executive Director Monica Vigues-Pitan and Legal Services of North Florida Executive Director Leslie Powell-Boudreaux provided information about the short- and long-term help offered by their organizations.

That continues to be seen in Monroe County following Hurricane Irma. The 2017 storm destroyed or severely damaged more than 4,000 homes. Legal Aid helped with more than 1,000 FEMA applications, held legal clinics, and represented clients in FEMA appeals and in other cases, Vigues-Pitan said.

In the path of Michael, there have been more than 33,000 FEMA claims denied in the aftermath of Hurricane Michael.

“Landlord-tenant issues after Hurricane Michael have extended far longer than what I’ve seen,” Powell-Boudreux said. “Legal issues are going to continue for multiple years following the storm.”

(posted June 2019) / Return to top of page

Law Day at the Florida Supreme Court

By Beth C. Schwartz, Court Publications Writer

Marked annually across the country on May 1, Law Day is set aside to celebrate the rule of law—a day to ponder the role of law in the foundation of the United States and to recognize its importance in preserving a just and civilized society.  On Law Day, Americans are encouraged to contemplate the ways in which law and the legal process protect our liberties and contribute to the freedoms we cherish.

Law Day was established by President Dwight Eisenhower in 1958; in 1961, Congress issued a joint resolution designating May 1 as the official date for recognizing this event.  Each year, the American Bar Association designates a Law Day theme to foreground an issue related to the law or legal system.  This year’s theme—Free Speech, Free Press, Free Society—“focuses on these cornerstones of representative government and calls on us to understand and protect these rights to ensure, as the U.S. Constitution proposes, ‘the blessings of liberty for ourselves and our posterity.’”

This year, the Florida Supreme Court observed Law Day with an open house on Saturday, May 4, from 10 a.m. until 3 p.m.  During this rare opportunity to tour the court on a weekend, court staff were on hand to answer questions about Florida’s judicial branch and provide information about the Florida Supreme Court and the treasures in its rare book room. 

And on their own, guests were invited to amble around the public areas of the building, checking out the library, the rare book room, the lawyer’s lounge, and the portraits of the current and former justices adorning the courtroom and the hallway walls.  Especially enticing to the younger visitors was the opportunity to participate in mock oral arguments and to enrobe themselves and have their photos taken in the justices’ chairs.  Incidentally, the children weren’t the only ones who eagerly embraced the chance to don a justice robe!

Altogether, more than 100 people—including at least 40 children—participated.  The open house even drew international visitors—families from Brazil and South Korea were among the guests.  The supreme court’s Law Day commemoration was in part inspired by the success of the court’s September 2018 Constitution Day open house, also held on a weekend.  Given their popularity, the Public Information Office, which coordinated these programs, is hoping that both can become annual happenings at the supreme court.

(posted May 2019) / Return to top of page

Return to Full Court Press Spring 2019

Take Our Children to Work Day at the Florida Supreme Court

By Beth C. Schwartz, Court Publications Writer

The average age of the people enlivening the halls of the Florida Supreme Court Building plummeted noticeably on April 25, when nearly 40 children of supreme court and Office of the State Courts Administrator employees were on-site for this year’s education- and fun-packed Take Our Daughters and Sons to Work Day. 

Founded in 1993 as Take Our Daughters to Work Day—and expanded to include sons in 2003—this unofficial national holiday was conceived as an innovative way to expand children’s future opportunities, empowering them to imagine their tomorrows without gender limitations.  Now celebrated around the world, Take Our Daughters and Sons to Work Day is recognized on the fourth Thursday of April each year. 

The Florida Supreme Court began marking this special occasion soon after it was introduced.  The timing was propitious.  The court had created a Gender Bias Study Commission and a Racial and Ethnic Bias Study Commission in the 1980s—and a Commission on Fairness in the 1990s—and the work of these bodies induced an awareness of the presence of various kinds of bias in our culture generally, and in the justice system in particular, noted Ms Debbie Howells, a court operations consultant in the state courts administrator’s office who has been helping to facilitate these programs since the beginning.  Initially with a “Take Our Daughters to Work” focus, they were designed to encourage girls to consider entering the legal profession.  But before long, sons were invited as well, and that tradition has continued unbroken ever since.   

Coordinated by the supreme court’s Public Information Office, the April event began with a tour of the supreme court building—the library, the rare book room, the lawyer’s lounge, the courtroom, and the justices’ conference room.  Next was a security demonstration staged by the supreme court marshals—always an exciting highlight, especially the taser demo!  And the liveliness culminated in the courtroom, where the children performed their own mock oral argument. 

This year’s happening beguiled the young visitors with an additional amusement: the opportunity to pose for a photo as Lady (or Gentleman) Justice within the sphere of a massive, wooden, eight-foot tall “stand-in” of the Florida Supreme Court Seal.  Indeed, this prop has its own interesting history: according to Mr. Craig Waters, director of the court’s Public Information Office, it was used as part of a theatrical production performed at a dinner celebrating the Supreme Court Sesquicentennial on May 7, 1997, and had been lying about, forgotten, in the archives all these years.  As some of the photos accompanying this story illustrate, the chance to participate in this solemn tableau was clearly a temptation for people of all ages.

Take Our Daughters and Sons to Work Day at the Florida Supreme Court is but one example of the judicial branch’s commitment to creating an abundance of opportunities for all “students,” regardless of age, to learn about the functions, processes, and accomplishments of their courts.  And, by all accounts, this year’s event was a huge success.  A thank you email from Ms Mary Craft, an accountant with the Office of the State Courts Administrator, wonderfully captures the appreciation the participants felt: “I wanted to let you guys know how much my granddaughter Machaela Melvin enjoyed everything during the Take Our Daughters and Sons to Work Day.  She has not stopped talking about it to her parents and siblings.  She even held a mock trial at home for them.  Thank you for allowing her to have such a rewarding experience.”  The gratitude and enthusiasm conveyed by the young participants and their sponsors evince the fruitfulness of these kinds of educational endeavors.

(posted May 2019) / Return to top of page

Return to Full Court Press Spring 2019

The New Appellate Judges Program: Offering Strategies for "How I Can Do My Job Better" 

By Beth C. Schwartz, Court Publications Writer

Florida is among the nation’s judicial education pioneers.  For more than four decades, branch education leaders have been working to ensure that judges have sufficient opportunities to enhance their knowledge, skills, and abilities and are thereby equipped to effectively perform the challenging work of the courts and to meet the needs of the people they serve. 

Efforts to systematize continuing judicial education began in 1972, when the supreme court established an interim education program to help new circuit and county judges carry out their judicial responsibilities.  Realizing that a permanent program was needed, in 1976, the court created the College for New Florida Judges (an embryonic version of the Florida Judicial College).  Then in 1978, anticipating the flourishing of judicial education for all Florida judges and for some court personnel groups, then Chief Justice Ben F. Overton established the Florida Court Education Council to coordinate and oversee the creation and maintenance of a comprehensive education program and to make budget, program, and policy recommendations to the court regarding continuing education.  Soon thereafter, judicial education truly began to thrive, and starting in 1988, with the implementation of an opinion authored by Justice Overton, it became mandatory for judges: since then, judges are required to take 30 hours of continuing judicial education every three years.  New judges, in addition to being assigned a mentor judge from their respective tier, are required to satisfy additional education requirements. 

Participation in the New Appellate Judges Program is required of all judges newly appointed to the appellate bench.  Established in 1991, this program assists the recent appointees with the transition to their new responsibilities—a challenging passage for those who previously served as trial court judges, and all the more exacting for those appointed directly from the practice of law.  As the dean of the program and its lead faculty member, Chief Judge Jonathan Gerber, Fourth DCA, says, for those who seek to learn “how I can do my job better, this program will help,” for it “gives you things to think about” and opportunities to share “ideas with the different faculty members and your colleagues here.”

Consisting of a balance of lecture-style sessions and participatory learning experiences, the curriculum for the New Appellate Judges Program offers attendees many opportunities to absorb, analyze, discuss, and put to the test practices designed to help them do their jobs better.  A portion of the program consists of information-imparting sessions on topics like ethics, certiorari and writs, motions and fees, statutory interpretation, and post-conviction issues.  The other sessions, which tend to be more interactive in nature, give participants practical opportunities to ponder, and to engage in energetic discussions about, matters of pertinence to those who sit on the appellate bench—such as jurisdictional considerations, oral argument do’s and don’ts, opinion writing skills, and working collegially (participants reflect on crossing from the “solitary work of a trial court judge or lawyer” to being part of, and learning to work and to write as part of, a panel of judges).

The 2019 New Appellate Judges Program took place during the first week of April at the Florida Supreme Court.  When the program takes place in Tallahassee—which it has regularly done since 2015—it offers a special perk: participants get a chance to meet and interact with all the supreme court justices.  This year, their first opportunity came on the first day of the program: built into the schedule was “Lunch with the Florida Supreme Court.”  During this informal lunch hour, after introductions were made all around, Judge Gerber invited the justices to share some advice about being an appellate judge—and they responded openly and helpfully.

The justices began by emphasizing the great responsibility the attendees shoulder in being district court judges.  The work of a DCA judge is “phenomenally important,” in part, because their court is the court of last resort for most litigants: it’s “the only appeal most people can get.”  For this reason, the justices urged the new judges to “explain your opinions; everyone, especially the litigants, should be able to understand why we’re doing what we’re doing.  And it’s also important to the credibility of the court,” they stressed.  In addition to making a case for accessible and well-explained opinions, the justices counseled the new judges to “think carefully about every word” they use in their opinions and to limit themselves to “deciding only the issues brought by the litigants, saying nothing more than what needs to be said.”  The justices also noted that “An opinion can take on a life of its own.  It is not just for the litigant” whose case is before the court.  Indeed, “Opinions have all sorts of broader implications, maybe not intended.”  That’s why it’s critical that the new judges “Never make opinions personal; you’re an error-correcting court; don’t be, or make your opinion, personal,” the justices coached.  They also advised the new judges to “Be timely with your opinions.  You are part of a team.  Don’t make the whole court wait on you.” 

Several justices brought up the issue of “tone,” as well.  In addition to exhorting the new judges to pay attention to the tone of their opinions, they also stressed that tone is critical in “how you treat one another if you disagree, how you treat the trial courts below, how you treat the lawyers arguing before you.”  “Be nice, play nice,” as one justice succinctly put it.   

While noting the great responsibility of being an appellate judge, the justices also pointed out that the job is great fun: “The work is always interesting, engaging, and intellectually challenging,” they pointed out; “You get to think creatively, deeply, about things no one has decided before.  You are a shepherd of the law.” 

Above all, being an appellate judge is also a great honor.  As Chief Justice Canady reminded everyone, “It’s a privilege for all judges to serve the people of Florida.  Every day you go to work, go with a sense of gratitude.” 

(posted April 2019) / Return to top of page

Return to Full Court Press Spring 2019

Teaching Teachers: Educators' Perspectives on Learning at the Supreme Court of Florida

By Aimee Clesi and Linnea Dulikravich, interns with the supreme court's Public Information Office

The Florida Supreme Court Teacher Institute is an annual education program that invites approximately 25 middle and high school teachers from across the state to learn about the supreme court and our judicial system.  The Court Teacher Institute is highly selective in choosing from among its applicants, and those invited to participate in the program are exposed to the teachings of all seven justices of the supreme court, as well as other legal professionals, who prepare them to educate their students about justice and the rule of law when they return home.  Although the rigorous educational program of the Court Teacher Institute lasted for only five days, from Sunday, February 17, to Thursday, February 21, 2019, it has sparked a lasting desire in its participants to inform and educate others, especially students, about the operations and importance of the court system and the constitutional rights we are fortunate to have.

Teachers met the seven justices during their study of case law and discussions about the Florida Constitution, journeyed to Florida’s Second Judicial Circuit and First District Court of Appeal to learn about the “trail of justice,” and weighed in on a legal case, handpicked by Justice Alan Lawson, that is currently before the supreme court.  Through their study of this case, teachers garnered first-hand experience of the justice system and became fully enveloped in their roles as lawyers and justices for a mock oral argument on this case. 

After speaking with the teachers, we could see how much the Court Teacher Institute meant to them.  Dr.  Marjorie Chiarolanzio, a social science instructor at Oxbridge Academy in West Palm Beach, supervises the Model United Nations team at her school and enjoys participating in continuing education opportunities.  She praised the diversity and camaraderie of the institute: “In this experience, I was among a group of my peers!  Geographically diverse, but also philosophically diverse.  We teach different types of students and come from different backgrounds, perspectives, and opinions.”  Yet everyone worked together so well, she said.  She also appreciated the interactions with the justices: “The accolades we received from the justices—we never get that kind of feedback, ever! The gratification we usually get is from students, rarely from colleagues and [our] superiors.”

The behind-the-scenes experience was the most appealing part of the program to attorney-turned-teacher Jeffrey Van Treese, II, an instructor for the Law Academy at Palm Beach Lakes Community High School.  He said the institute provided him with a “more intimate understanding of the supreme court and how justices hear and decide cases,” knowledge that the justices hope will be passed on to students in lesson plans and engaging learning activities in schools.

And Mr. Michael Rogers, an instructor from Lake Asbury Junior High School in Green Cove Springs, voiced that “It was really liberating to witness the checks and balances that are built into each layer of our judicial process.” In experiencing a case from start to finish, he said he gained a unique perspective on how the judicial branch operates.  He found Justice Ricky Polston’s talk especially resonant: “You’re going to be very glad you watched and saw how our judicial system works,” explained Justice Polston on the second day of the institute, reminding the teachers of “how important it is for everyone to get a fair shot with a jury.”  Mr. Rogers teaches at a school where the majority of students are the first in their families to go to college—and some have an incarcerated family member; he emphasizes the importance of becoming educated to his classes and considers the civics program fundamental to their education.  He said he wants his students to do the right thing and to learn from the mistakes of others so that they can become better, more civic-minded individuals.  He knows the institute will help him help his students.  Education, particularly knowledge pertaining to the law, will help them stay out of trouble, he said, adding, “I feel guilty leaving them [his students] for a week, but knowing what I will bring back to them [from the institute] makes it all worthwhile.”

The Court Teacher Institute was created over two decades ago with the mission to demystify the judicial system for teachers from a diversity of Florida’s schools.  Ms. Annette Boyd Pitts, executive director of Civic MindEd, Inc./Center for Law Education (formerly the Florida Law Related Education Association), helps to coordinate the institute and strongly believes in the program’s purpose and the value it gives our state’s educators and, in turn, their students.  In Ms. Pitts’ experience, “When public knowledge about the courts increases, so too does trust and confidence in the judicial branch,” which explains why she is so passionate about the institute.  Designed to help teachers create replicable lesson plans about the roles and functions of the judicial branch, the institute is purposeful every day of the program.  The quality of the instruction and of the lessons shared at the institute will support the teachers’ efforts to better educate their students about courts in the state of Florida.  Thanks to the contributions of the justices and many local judges and program volunteers, the Court Teacher Institute has had a significant impact on Florida’s teachers that is sure to travel beyond the marble interior of the supreme court.

(posted March 2019) / Return to top of page

Return to Full Court Press Spring 2019

The Florida Supreme Court Teacher Institute

By Beth C. Schwartz, Court Publications Writer

Sponsored by the supreme court, underwritten by The Florida Bar Foundation, and coordinated by the Florida Law Related Education Association, the Florida Supreme Court Teacher Institute (formerly known as the Justice Teaching Institute) annually offers up to 25 of Florida’s middle and high school teachers the chance to study closely, and to see in action, the operations of the third branch.  Established in 1997, the institute was conceptualized by former Chief Justice Gerald Kogan (on the supreme court from 1987 – 1998) as a component of the court’s Sesquicentennial Celebration, and it has been thriving ever since.  The interactive five-day program is challenging and intense—to participate, teachers undergo a competitive selection process.  Nonetheless, each year, the teachers enthusiastically agree that the education they received is peerless.

Under the tutelage of the supreme court justices, the Court Teacher Institute fellows delve deeply into a wide range of court-related topics.  For this year’s institute, held from Feb 17 – 21, Chief Justice Canady talked about the Structure, Function, and Funding of the State Courts System; Justice Polston offered a Comparative Overview of the State and Federal Courts; Justice Lagoa focused on the Courts and the Constitution; Justice Labarga’s topic was Judicial Independence and Judicial Selection; Justice Muñiz discussed Judicial Review: The Case of Marbury v. Madison; and Justice Luck facilitated a Florida Constitution Scavenger Hunt.  In addition, Justice Lawson presented information about the Fourth Amendment "search and seizure" case that the teachers were studying in preparation for their mock oral argument: the centerpiece of the Court Teacher Institute experience—and the moment for which the teachers spend much of their time learning and readying themselves during their five days in Tallahassee.  Indeed, the teachers enacted their mock oral argument on the very case that the justices held their very real oral argument later that same morning.   

In addition to their sessions with the justices, teachers visited the Leon County Courthouse and the First District Court of Appeal for a hands-on opportunity to learn about the criminal court process and about how a case progresses through the state courts in Florida.  Also enriching their Court Teacher Institute experience was the daily mentoring of Ms Annette Boyd Pitts, executive director of the Florida Law Related Education Association, and of the two mentor judges—this year, Judge Kelly McKibbon, Eighteenth Circuit, and Judge Ross Goodman, First Circuit—who helped the teachers hone their mock oral argument skills, provided general instruction about the courts system, and recommended strategies for teaching young people about the judicial branch.    

The Court Teacher Institute is surely a gift that keeps on giving, for when the teachers return to their schools, many develop a courts unit for their classes, and others facilitate training programs for the teachers at their, and neighboring, schools.  These teachers have educated and inspired generations of students about the history, roles, and consequence of the third branch.  The institute is undoubtedly one of the courts system’s most promising efforts to introduce young learners to the vital role courts play in society.  This link goes to more information about the Court Teacher Institute.

(posted February 2019) / Return to top of page

Return to Full Court Press Spring 2019

Florida Commission on Access to Civil Justice Presents to the House Civil Justice Subcommittee

By Paul Flemming, Public Information Officer

Gregory W. Coleman, chair of the executive committee of the Florida Commission on Access to Civil Justice, and State Courts Administrator PK Jameson presented to the House Civil Justice Subcommittee about the work of the Access Commission on January 24.

Coleman provided background and context to lawmakers about the extent of the issues facing low and moderate income citizens with legal problems. He also told committee members about how the judicial branch, the legal profession, and the Commission have worked to bridge the access gap in Florida.

Jameson provided two demonstrations of projects addressing access issues, the Commission’s Florida Courts Help app, and the Supreme Court Judicial Management Council’s DIY project, a collaborative effort among the courts, Florida clerks of court, and the Florida Courts E-Filing Portal.

You can watch the presentation, archived on The Florida Channel. 

(posted January 2019) / Return to top of page

Seventeenth Circuit Launches Community Court

By Beth C. Schwartz, Court Publications Writer

Among their many duties, Florida’s trial court chief judges are responsible for “ensur[ing] the efficient and proper administration of all courts within [their] circuit” [Florida Rules of Judicial Administration 2.215(b)(3)].  In this capacity, they are authorized “to do everything necessary to promote the prompt and efficient administration of justice” in their courts [s. 43.26(e), Florida Statutes].  Branch leaders are continually advancing strategies for improving the administration of justice in Florida.  One such strategy is the creation of specialized dockets designed to address the root causes of justice system involvement. 

The most widely recognized specialized docket in Florida is drug court—a “problem-solving court” concept that was pioneered in Dade County in 1989 and has been implemented world-wide.  But also prevalent are veterans courts, mental health courts, early childhood courts, and DUI courts (currently, Florida is home to approximately 170 of these courts).  Using the drug court concept as a model, chief judges across the state have developed other specialized dockets to respond to pressing needs in their circuits; for instance, Florida is now home to domestic violence courts, gun courts, human trafficking courts, neighborhood restorative justice courts, truancy courts, and teen courts. 

Recently, a new specialized docket was launched in the Seventeenth Circuit.  The idea grew out of Chief Judge Jack Tuter’s observation of a highly disturbing pattern in the courts in Broward County: homeless people, charged with petty crime and municipal ordinance offenses, were cycling perpetually from the streets to the courts to the county jail and then onto the streets again.  Knowing that it costs approximately $140 per day to house a person in the Broward County Jail, he understood that jailing people for non-violent offenses like panhandling or sleeping on the beach is “a very inefficient way to spend tax dollars.”  Nor does a jail term resolve the underlying reasons for a defendant’s behavior.  After doing extensive research to learn how other courts in the nation have been handling this dilemma, and after 10 months of preparation—and with the help of a two-year, $200,000 federal grant from the nonprofit Center for Court Innovation—on January 9, 2019, Chief Judge Tuter launched Broward County’s first Community Court. 

Community Court is designed to “address the needs of at-large, homeless and low-level first time and repeat misdemeanants and municipal ordinance offenders.”  While holding individuals accountable for their conduct, it aims “to address root causes of each defendant’s behavior and to apply a therapeutic and community service-based component to punishment,” states the administrative order establishing the specialized docket.  The idea is to encourage offenders to take control of and overcome their problems, thereby helping them to permanently alter their behavior.    

To function most effectively, this specialized docket adopts a non-adversarial approach to handling eligible offenses (Community Court may address municipal ordinance violations such as trespass, disorderly conduct/disturbing the peace, public intoxication, and panhandling; it may also address state law violations such as misdemeanor drug possession, resisting arrest, simple assault, and loitering and prowling).  Moreover, its success relies on a team approach among justice system stakeholders, Broward County municipalities, and various for-profit and not-for-profit service and treatment centers, both governmental and private. 

With Justice Alan Lawson in attendance, the first Community Court was held at City Hall in Fort Lauderdale and was presided over by the chief judge and Broward County Judge Florence Taylor Barner, who heard four cases, all open container ordinance violations.  On site to offer support to the defendants were the following service providers: Care Resource, Sunserve, Second Chance Society, Opportunities Industrialization Centers of South Florida, Florida Licensing on Wheels, and Transportation and Mobility.  In return for utilizing the Community Court program, participants, when they are healthy enough, will be assigned 10 hours of community service in Downtown Fort Lauderdale.    

At this point, Community Court dockets will be heard once a week, every Wednesday from 10 a.m. to 2 p.m., at City Hall.  Chief Judge Tuter, who indicated that additional locations may be established in the future, touts the strategy “of offering services in lieu of punishment.  The Court's long-term goal,” he added, “is to work with City and County government to find both temporary and permanent housing for those who enter into and complete community court goals.”  If Community Court works as anticipated, it’ll be a “win” for everyone in the county, for recidivism rates of repeat offenders will begin to decline; in turn, overall criminal justice and incarceration costs will decrease, and the safety and quality of life for all Broward County residents will be enhanced.

(posted January 2019) / Return to top of page

Return to Full Court Press Spring 2019

St. Petersburg Pilot Project Brings Mediation Option to Landlord-Tenant Disputes

By Stephen Thompson, Public Information Officer, Sixth Judicial Circuit

In an effort to make it easier for landlords and their tenants to resolve their disputes without the tenant being evicted, the Sixth Judicial Circuit is launching a six-month pilot program whose aim it is to encourage mediation. Historically, once a landlord files a petition to have a tenant evicted, the tenant has to respond in five days and enter the disputed rent in a registry. If the tenant fails to complete either of those two tasks, a judge typically orders the tenant evicted.

If, however, the tenant completes those two tasks, the case is set for a hearing. Under the pilot program, a Pinellas County judge will now ask the landlord and tenant to leave the courtroom and see if they can work out their differences. One of the circuit’s contracted mediators will be on hand to assist, said Michelle Ardabily, chief deputy court administrator for the circuit. If the two parties can reach an agreement outside court, both will sign a court document to that effect, which the judge can then approve, Ardabily said. If they cannot, the judge will proceed to hear the full case.

The pilot program will take place at the courthouse in downtown St. Petersburg, where county judges Edwin Jagger and Lorraine Kelly handle eviction proceedings. It commenced on Friday, Jan. 4, 2019, and will last through June. Eviction proceedings at the old historic courthouse in Clearwater will proceed as they always have. Eviction proceedings in Pasco, the other county in the sixth circuit, will also proceed as they always have.

The pilot program is just one effort made in 2018 by the Residential Eviction Access to Justice Collaborative, to expand access to justice for those in the community facing eviction. Members of the collaborative have visited eviction mediation programs in the judicial circuit in West Palm Beach and in the circuit comprising Seminole and Brevard counties.

In addition to working toward setting up the pilot program, the collaborative has also successfully worked toward amending the eviction notices issued by the Pinellas Clerk of Court to include information regarding inexpensive or free legal aid for beleaguered tenants, according to Kimberly Rodgers, executive director for the Community Law Program in St. Petersburg. Ardabily and Rodgers are members of the collaborative, as are various legal aid attorneys, housing officials, and retired judge David Seth Walker.
The collaborative has also established relationships with a handful of agencies that provide rental assistance, and it has secured a small amount of funding itself to pay some tenants’ past due rent, Rodgers said.

Funding for the collaborative’s efforts in 2018 was provided by Foundation for a Healthy St. Petersburg, a non-profit organization that works toward improving health equity in south Pinellas County. The collaborative has already secured some funding from the Florida Bar Foundation for its 2019 efforts, which will include working with the sixth circuit to monitor and evaluate the circuit’s mediation pilot program and supporting its expansion countywide.

(posted January 2019) / Return to top of page

Florida Supreme Court Archives Grow with the Donations of Departing Justices Pariente and Quince

By Beth C. Schwartz, Court Publications Writer

The Florida Supreme Court Library, established in 1845, is the oldest of Florida’s state-supported libraries.  Serving the entire state courts system, the library also harbors the supreme court archives, which contain primary documents of Florida Supreme Court history related to the court and its justices.  In 1982, the supreme court librarian at the time had the notion of engaging the assistance of some of the dignitaries of the legal community to seek out, collect, preserve, and make publicly available the important historical documents of the members of Florida’s highest court.  His idea galvanized the creation of the Florida Supreme Court Historical Society; together, the librarian and the historical society began the process of building the collection—and the archives came into being.

Thanks to the abiding partnership between the historical society and the library, the archives continue to thrive.  Retiring Justices Barbara Pariente and Peggy Quince are the latest donors.  So far, the records they have donated include office files, travel files, opinion files, speeches, and correspondence.  The archivist has already filled 190 boxes (each box holds one and one-half cubic feet of papers), with a few more to come.  Though some of the papers are confidential, many of these records will soon be available to researchers, scholars, and other members of the public.      

The collection now includes papers of 29 justices and comprises more than 1,100 boxes of records, including justices’ administrative papers, professional correspondence, texts of speeches, notes from their work on court committees, personal papers, and opinion files.  The collection also includes the work of numerous court commissions, the 1966 Constitution Revision Commission papers, and papers related to the revision of section 14 to Article V of the Florida Constitution, commonly referred to as Revision 7 (a 1998 constitutional amendment that required the state to assume responsibility for funding the state courts system).  (Follow this link to discover what materials are housed in the archives.)

(posted January 2019) / Return to top of page

Return to Full Court Press Spring 2019