by Kent Jennings Brockwell
Staff Writer
Currently the Florida Supreme Court has the ability to write its own procedural rules regarding violations of criminal law, but legislation is in the air at the State Capitol that could change that practice.
Rep. Dick Kravitz, R-Orange Park, is pushing a bill through the House Criminal Justice Committee that would allow voters the chance to make a constitutional amendment that would essentially revoke the Florida Supreme Court’s right to write those procedural rules.
“This is a separation of powers issue,” said Kravitz. “I have all the respect in the world for the judiciary, but they are usurping our power as legislators.”
Kravitz refers to the Death Penalty Reform Act of 2000 as an example of why the court’s power should be tamed. Though the legislature created and passed the act, the judiciary was able to overturn it with minimal effort citing it as an unconstitutional encroachment on the court’s exclusive power to adopt rules for practice and procedure, according to an article in the Florida Bar News.
Kravitz said it is unreasonable “to have the judicial branch turn around and say that it was procedural and trump what I and the people I represent think is a good action.”
Though the bill, HJR 1007, is still in the hands of the House Criminal Justice Committee, several key members of the Florida judiciary are hoping that is as far as it will travel.
“I do hope that it does not pass,” said Florida Supreme Court Chief Justice Barbara Pariente. “Even if it did pass, it would take a constitutional amendment to actually change it. What I hope the legislature will see is that they already have a very good check on any procedural rule that they do not agree with, that is they can overrule a rule of the court by a two-thirds vote. That is a very important check.”
Pariente said it is very important for the independence of the judicial branch to keep procedural rule making within the court system but said it is also important for the courts to collaborate with the legislature in the case that the legislators have questions about the court’s decisions.
“The idea is not to do something that will antagonize the legislature,” she said. “If there are specific rules that are of concern, then we ought to try and address those rules and they can do that by repealing the rules they disagree with. They do have that mechanism.”
Circuit Court Chief Judge Donald Moran said he also hopes the bill doesn’t make it too far at the capitol. Moran said he thinks Kravitz’s Bill is too narrowly focused to serve the greater good.
“I think Dick Kravitz is a wonderful man,” said Moran. “I have known him for many, many years but the branches of government are supposed to have friction. That is how this government works.
“I think he is trying to introduce something related more to a single incident than to have the branches operate with each other. It is a mistake any time you do that. I think the court is very sensitive to the legislature. We don’t always agree but we certainly listen.”