U.S. District Chief Judge for the Middle District of Florida Anne Conway explained the court will have to do more with less in her “State of the District” speech at a recent meeting of the Jacksonville Chapter of the Federal Bar Association at the Main Library Downtown.
At the beginning of her speech she apologized in advance for the “doom and gloom” she was about to discuss.
“The biggest challenge we are facing this year relates to the severe budget cuts imposed on us by Congress and the Judicial Conference,” said Conway. “I’m told next year it will be even worse. All raises, cost-of-living increases and promotions have been suspended for all judiciary employees, including our chamber staff.”
The district also will face reduced staff levels after the Administrative Office of the District recently changed the method for determining those levels.
“Because of the unique nature of our district, we get short-changed with the new manner of determining the number of employees we’re entitled to have,” said Conway. “The administrative office didn’t take into account the fact that four of our divisions are larger than most districts.”
The clerk’s office, because of the new staffing process, has lost 34 positions this year from last year.
“We are hoping to avoid furloughing employees this year,” said Conway.
The reduction in staff means less help for educational programs like “Open Doors.” The program brings in students and teachers for an educational program about the court system.
“Any judges wishing to participate in these programs will have to use their own law clerks for support,” said Conway. “Last year the clerk’s employees spent 1,480 hours on such programs. That’s over 34 weeks of staff time that we are not going to have available to us going forward.”
The district plans to be on budget for the 2011 fiscal year, but that will mean it has spent too much if there are cuts to budget in 2012.
“We are presently operating on 2011 levels of funding,” said Conway. “So if the 2012 budget is reduced from 2011 levels, we could have a serious shortfall by next summer.”
Working beyond normal office hours at the courthouses in the district also will become costly.
The General Services Administration, which manages the facilities in the Middle District, has informed Conway that it will begin charging for overtime utility usage. The fee will apply to judges and staff working beyond the hours of 8 a.m.-6 p.m. during the week or on weekends.
“There will probably be no air conditioning in the buildings on weekends next summer,” she said.
The bench might also begin to experience a reduction if appointments aren’t made in a timely manner.
“We currently have a full complement of active judges. But that will change in December when Judge (Richard) Lazzara takes senior status,” said Conway.
Also, U.S. District Judge Mary Scriven will leave Orlando for Tampa. U.S. District Judge Charlene Honeywell will move to Orlando and leave a vacancy in Fort Myers.
The judicial nominating commission has recommended four names to the senators, but there has been no nominee for Lazzara’s position.
Those candidates include Fourth Judicial Circuit Judge Brian Davis, U.S. Magistrate Judges Sheri Polster Chappell in the Fort Myers Division and Elizabeth Jenkins in the Tampa Division and Fifth District Appeals Judge C. Alan Lawson.
U.S. District Judge Gregory Presnell will take senior status in April. U.S. District Judge Roy “Skip” Dalton will be moving to Orlando, leaving a vacancy in Jacksonville. The judicial nomination commission has not begun the process to fill Presnell’s position.
“Because of the slow pace judicial nominations are taking in this administration, I’m concerned neither vacancy will be filled before 2013, after the next election,” said Conway.
U.S. District Judge John Antoon will take senior status in 2013, so the district could have three of its 15 positions vacant.
“Unless caseloads change, we expect Judge Antoon’s replacement in 2013 will go to Ocala, so they will have an active district judge in the division,” said Conway.
On top of the difficulty maintaining a full slate of judges, Conway was recently made aware that the district bench could expand further.
“The Judicial Conference has recommended six new judgeships for the Middle District, but there is no chance of a judgeship will pass in the next few years, at least not for us,” said Conway.
“Four more of our judges are eligible to take senior status in 2014 and 2015, so if confirmations are not forthcoming we will be in a real crisis situation,” said Conway.
The district also could grow its list of magistrate positions.
“The Middle District relies heavily on senior judges and magistrate judges. A recent survey of the court’s magistrate judge positions resulted in the approval of another magistrate judgeship for the district. We are in the process of determining when the funding will be available for the position and in which division the opening will be,” said Conway.
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