By Kathleen Haughney
The News Service of Florida
The Florida Legislature may look to retired judges as a way to unclog court dockets crowded with foreclosure filings that are taking up an unprecedented amount of the courts’ time and resources.
A proposal by Rep. Kevin Amber, R-Tampa, would allow each judicial circuit to establish a program for the optional use of retired justices to preside over civil cases and trials. Under the program, parties involved in litigation could request a senior judge to expedite a case after showing the need for the appointment because of scheduling difficulties.
The proposal, though, has garnered criticism in the past. Opponents have said it could create “judge shopping” scenarios and enable trial judges to avoid certain, high profile cases. Parties who request a senior judge also have to pay a per diem – $350 – meaning not everyone will have the financial means to use the system. Ambler sponsored the legislation last year, but it did not make it to a vote on the House floor.
The Civil Justice and Courts Policy Committee approved the proposal (HB 13) Tuesday, but not without hesitation from some members.
“To me, it was like quick justice for the rich,” Rep. Audrey Gibson, D-Jacksonville said of the idea. “I just believe in equal justice. I will give it a yea today but I do have some concerns going forward.”
Laura Todd, Ambler’s legislative aide who presented the bill to lawmakers, said the point was not for parties to avoid a particular trial judge, but to move the process along. The court system has also heralded the use of senior judges as a cheaper alternative to creating new judgeships.
With the foreclosure crisis, many courts have simply been so overworked that the cases aren’t being handled in a quick manner. Cases that once took three months now take six or nine months in some cases. The Supreme Court has instituted a mediation program to help with the situation, but the numbers are still overbearing for many circuits.
Foreclosure filings in courts across the state rose in 2009 by just more than 30,000, according to end-of-year numbers kept by the Florida Supreme Court.
In 2009, Florida courts saw 398,825 foreclosure filings, compared to 368,748 in 2008, with the highest number of cases occurring in Miami-Dade County and Broward County. Miami-Dade courts saw 63,522 foreclosure cases in 2009 and Broward courts handled 49,640.
A year ago, Florida Supreme Court Chief Justice Peggy Quince released an opinion saying that between budget shortfalls and rising caseloads, the state’s court system was in need of 67 new judgeships.
“With the $49 million budget reduction the courts have experienced over the last two fiscal years, judicial dockets are full, scheduling is problematic, and case processing times are delayed,” Quince wrote in the opinion. “Clearance rates are falling and backlogs are developing.”
Quince’s opinion was part of an annual process where the chief justice reviews the status of the system and the number of judges. Her 2010 opinion should be released at some point in the coming weeks.
Ambler’s measure has three more committee stops in the House. A similar bill (SB 130) filed in the Senate by Sen. Thad Altman, R-Viera, has yet to be heard in committee.
