by Richard Prior
Staff Writer
A shortage of state dollars probably won’t harm Florida’s larger judicial circuits, but rural areas will continue struggling to give their citizens a shot at equal justice.
Voters intended to ease the localities’ cost of paying for county and circuit courts when they approved Revision 7 to Article V of the Florida Constitution in 1998.
What they seem destined to discover, in broad strokes, is that not much will change, other than the pocket from which the cash is pulled.
Included in Gov. Jeb Bush’s $55 billion budget that was announced Jan. 20 was $102.6 million for state court costs under Revision 7.
“What the governor did was fund all current programs at 100 percent of their current level, ” said Judge Donald Moran, chief judge of the 4th Judicial Circuit. “I think that’s wonderful in a tight budget year.
“While we’re very pleased with that, it still doesn’t address the inadequacies in the smaller counties.”
Because there are no large cities in the rural circuits, “They don’t have the money; they don’t have the support services that your larger circuits have had, such as in Jacksonville, Orlando, Miami, West Palm, Pinellas,” said Moran. “They don’t have access to case managers, family service divisions, those kinds of things.
“The most important purpose, as the Trial Commission sees it, is to provide equal access to the justice system.”
The Trial Court Budget Commission, to which Moran belongs, has 21 members, one from each circuit and two from Miami. Over the past several years, he said, the commission analyzed “all the apples and oranges and grapes” that had developed in each region. The members examined the cost of maintaining county and circuit courts and looked at the specific needs of each.
The amount the commission came up with to sustain the 20 circuits was $170 million. The system can survive on less, Moran said. But the smaller regions need as much as they can get.
“We would like the Legislature to find an additional $20 million that could add the equal justice aspect for the smaller counties,” he said.
Over the years, he explained, each circuit developed specific programs for the citizens in the counties they cover. In Duval County, for instance, general masters were hired.
“I made arrangements with other counties in the circuit, Clay and Nassau, who would give a small amount of money to Duval so those services could also be provided to them.”
A general master is roughly akin to a magistrate.
One of the larger local efforts is the Family Service Division in Duval County, which served 11,000 people last year. It was formed because too many pro se litigants were submitting incorrect paperwork, frustrating them and slowing down the system.
“These were people without the money to pay a lawyer who were trying to cope with a variety of family issues,” said Moran. “Those who submitted incorrect paperwork would be sent to the back of the line with instructions to fix it.”
Teen Court is another local program, funded by a $3 fine on traffic tickets.
“The Legislature is capturing that now,” said Moran. “The fine and forfeiture fund is being taken over by the State.
“The governor is giving with one hand, and the Legislature is taking with the other.”
When Revision 7 takes effect July 1, counties will still be responsible for some court costs, such as paying for office space.
While Duval County and the 4th Circuit scramble for ways to keep valuable programs going, the smaller regions have little hope of reaching more citizens without extra funds, the judge said.
“The medium and small circuits have not had, over the years, the county support the larger circuits have had,” said Moran. “Some judges have six or seven (small) counties. They have to travel around every day.
“The Legislature could come up with some additional dollars — not for me, but for these smaller circuits, to give them a master or a hearing officer or a case manager who would help these people. It would alleviate the work on the judges.”
Smaller counties in particular have also said they need the 88 additional judges the Florida Supreme Court has asked the Legislature to fund. Bush’s budget message would pay for 40 new judges.
“They need new judges, but they also need the support staff,” said Moran. “I’d love to have the $170 million. But, realistically, if the Legislature could add $20 million, it would have a wonderful impact on these rural counties in helping them achieve the same level of justice we supposedly have in our bigger circuits.”