by The Florida Bar News
In the midst of a pending Florida Supreme Court case on the constitutionality of courts employing senior judges, the Florida House Judicial Oversight Committee has approved a bill by Rep. Sally Heyman, D-North Miami Beach, which changes the guidelines for their use.
At present, Florida statutes require that for temporary judges to receive compensation, they may not have been removed from office as the result of an election or merit retention defeat. Heyman’s bill, which was unanimously approved by the committee, changes the statutes to allow the Supreme Court chief justice to appoint such retired justices or judges, provided they have served on the bench for at least 10 years. However, retired judges who were approved for service prior to July 1, 2002 — the date the bill would take effect — may continue serving even if they did not sit on the bench for the minimum time period.
Current Florida statutes also require that retired judges not practice law. Heyman’s bill would allow the judges to continue their law practice, with limitations set forth by the Supreme Court.
Rep. Heyman’s bill must now pass through the House Council for Smarter Government in order to reach a full vote in the House.
The Supreme Court may make the issue moot, however, when it addresses the constitutionality of using retired judges in February, based on a medical malpractice case brought before the court. The plaintiff in the case alleges that allowing courts to use retired judges is unconstitutional, because citizens have a right to have their case presided over by a “duly elected” judge.
Some attorneys in Broward County, where the case originated, argue the local court system relies too frequently on retired judges. Broward Chief Judge Dale Ross has denied the allegations and said that senior judges were elected before their retirement, and there is no constitutional requirement that they be elected in the county where they serve. Heyman’s statutory changes do not address the issue of location.
The Supreme Court determined the case “demonstrates a preliminary basis for relief” and asked Broward officials to respond to the plaintiff’s argument by Nov. 19.
— Reprinted with permission of The Florida Bar News.