Rules of Judicial Administration Flashcards

Question

RULE 2.210. DISTRICT COURTS OF APPEAL (b) Clerk

Answer 1

(1) Appointment. The court shall appoint a clerk who shall hold office at the pleasure of the court and perform such duties as the court directs. The clerk’s compensation shall be fixed by law. The clerk’s office shall be in the headquarters of the court. The clerk’s time shall be devoted to the duties of the office and the clerk shall not engage in the private practice of law while serving as clerk. All court records and the seal of the court shall be kept in the office and the custody of the clerk. The clerk shall not allow any court record to be taken from the clerk’s office or the courtroom, except by a judge of the court or upon order of the court. (2) Records of Proceedings. The clerk shall keep such records as the court may from time to time order or direct. The clerk shall keep a docket or equivalent electronic record of all cases that are brought for review to, or that originate in, the court. Each case shall be numbered in the order that the notice, petition, or other initial pleading originating the proceeding is filed in the court. (3) Filing Fee. In all cases filed in the court, the clerk shall require the payment of a fee as provided by law at the time the notice, petition, or other initial pleading is filed. The payment shall not be exacted in advance in appeals in which a party has been adjudicated insolvent for the purpose of an appeal or in appeals in which the state is the real party in interest as the moving party. The payment of the fee shall not be required in habeas corpus proceedings or appeals therefrom. (4) Issuance and Recall of Mandate; Recordation and Notification. The clerk shall issue such mandates or process as may be directed by the court. If, within 120 days after a mandate has been issued, the court directs that a mandate be recalled, then the clerk shall recall the mandate. If the court directs that a mandate record shall be maintained, then upon the issuance or recall of any mandate the clerk shall record the issuance or recall in a book or equivalent electronic record kept for that purpose, in which shall be noted the date of issuance or the date of recall and the manner of transmittal of the process. In proceedings in which no mandate is issued, upon final adjudication of the pending cause the clerk shall transmit to the party affected thereby a copy of the court’s order or judgment. The clerk shall notify the attorneys of record of the issuance of any mandate, the recall of any mandate, or the rendition of any final judgment. The clerk shall furnish without charge to all attorneys of record in any cause a copy of any order or written opinion rendered in such action. (5) Return of Original Papers. The clerk shall retain all original papers, files, and exhibits transmitted to the court for a period of not less than 30 days after rendition of the opinion or order denying any motion pursuant to Florida Rule of Appellate Procedure 9.330, whichever is later. If no discretionary review proceeding or appeal has been timely commenced in the supreme court to review the court’s decision within 30 days, the clerk shall transmit to the clerk of the trial court the original papers, files, and exhibits. If a discretionary review proceeding or appeal has been timely commenced in the supreme court to review the court’s decision, the original papers, files, and exhibits shall be retained by the clerk until transmitted to the supreme court or, if not so transmitted, until final disposition by the supreme court and final disposition by the court pursuant to the mandate issued by the supreme court.

Answer 2

(1) Appointment. The court shall appoint a marshal who shall hold office at the pleasure of the court and perform such duties as the court directs. The marshal’s compensation shall be fixed by law. (2) Duties. The marshal shall have power to execute process of the court throughout the district, and in any county therein may deputize the sheriff or a deputy sheriff for such purpose. The marshal shall perform such clerical or ministerial duties as the court may direct or as are required by law. The marshal shall be custodian of the headquarters occupied by the court, whether the headquarters is an entire building or a part of a building

Answer 3

All sessions of the court shall be open to the public, except conference sessions held for the discussion and consideration of pending cases, for the formulation of opinions by the court, and for the discussion or resolution of other matters related to the administration of the court.

Answer 4

When any justice or judge of another court is assigned for temporary service on a district court of appeal, that justice or judge shall be designated, as author or participant, by name and initials followed by the words “Associate Judge.”

Answer 5

The purpose of this rule is to fix administrative responsibility in the chief judges of the circuit courts and the other judges that the chief judges may designate. When a rule refers to “the court,” it applies to a judge of the court when the context permits.

Answer 6

(1) The chief judge is a circuit judge who possesses managerial, administrative, and leadership abilities and is selected without regard to seniority. (2) The chief judge is the administrative officer of the courts within the circuit and directs the formation and implementation of policies and priorities for the operation of all courts and officers within the circuit, consistent with branch-wide policies. The chief judge has administrative supervision over all judges and court personnel within the judicial circuit. The chief judge is responsible to the chief justice of the supreme court. The chief judge may enter and sign administrative orders, except as otherwise provided by this rule. The chief judge has the authority to require that all judges of the court, other court officers, and court personnel comply with all court and judicial branch policies, administrative orders, procedures, and administrative plans. (3) The chief judge maintains liaison in all judicial administrative matters with the chief justice of the supreme court, and ensures the efficient and proper administration of all courts within that circuit, considering available resources. The chief judge must develop and file with the supreme court an administrative plan that includes an administrative organization capable of effecting the prompt disposition of cases; assignment of judges, other court officers, and all other court personnel; control of dockets; regulation and use of courtrooms; and mandatory periodic review of the status of the inmates of the county jail. The plan must be compatible with the development of the capabilities of the judges so that each judge will be qualified to serve in any division, creating a judicial pool from which judges may be assigned to various courts throughout the state. The administrative plan must include a consideration of the statistical data developed by the case reporting system. Questions concerning the administration or management of the courts of the circuit must be directed to the chief justice of the supreme court through the state courts administrator. (4) The chief judge assigns judges to the courts and divisions and determines the length of each assignment. The chief judge is authorized to order consolidation of cases and assign cases to a judge or judges for the preparation of opinions, orders, or judgments. All judges must inform the chief judge of any contemplated absences that will affect the progress of the court’s business. If a judge is temporarily absent, is disqualified in an action, or is unable to perform the duties of the office, the chief judge or the chief judge’s designee may assign a proceeding pending before the judge to any other judge or any additional assigned judge of the same court. The chief judge may assign any judge to temporary service for which the judge is qualified in any court in the same circuit. If it appears to the chief judge that the speedy, efficient, and proper administration of justice so requires, the chief judge may request the chief justice of the supreme court to assign temporarily an additional judge or judges from outside the circuit to duty in the court requiring assistance. The assigned judges are subject to administrative supervision of the chief judge for all purposes of this rule. When assigning a judge to hear any type of postconviction or collateral relief proceeding brought by a defendant who has been sentenced to death, the chief judge must assign the case to a judge qualified under subdivision (b)(10) of this rule. Nothing in this rule restricts the constitutional powers of the chief justice of the supreme court to make assignments. (5) The chief judge may designate a judge in any court or court division of circuit or county courts as “administrative judge” of any court or division to assist with the administrative supervision of the court or division. To the extent practical, the chief judge should assign only 1 administrative judge to supervise the family court. The designee is responsible to the chief judge, has the power and duty to carry out the responsibilities assigned by the chief judge, and serves at the pleasure of the chief judge. (6) The chief judge may require the attendance of prosecutors, public defenders, clerks, bailiffs, and other officers of the courts, and may require from the clerks of the courts, sheriffs, or other officers of the courts periodic reports. (7) The chief judge must regulate the use of all court facilities, regularly examine the dockets of the courts under the chief judge’s administrative supervision, and require a report on the status of the matters on the dockets. The chief judge may take action as necessary to make the dockets current. The chief judge must monitor the status of all postconviction or collateral relief proceedings for defendants who have been sentenced to death from the time that the mandate affirming the death sentence has been issued by the supreme court and take the necessary actions to assure that the cases proceed without undue delay. On the first day of every January, April, July, and October, the chief judge must inform the chief justice of the supreme court of the status of all these cases. (8) The chief judge or the chief judge’s designee must regularly examine the status of every inmate of the county jail. (9) The chief judge may authorize the clerks of courts to maintain branch county court facilities to retain county court permanent records of pending cases in the branch court facilities, and to retain and destroy these records in the manner provided by law. (10) Assigning Capital Cases. (A) The chief judge may not assign a judge to preside over a capital case in which the state is seeking the death penalty, or collateral proceedings brought by a death row inmate, until that judge has become qualified to do so by: (i) presiding a minimum of 6 months in a felony criminal division or in a division that includes felony criminal cases; and (ii) successfully attending the “Handling Capital Cases” course offered through the Florida Court Education Council. A judge whose caseload includes felony criminal cases must attend the “Handling Capital Cases” course as soon as practicable, or at the direction of the chief judge. (B) The chief justice may waive these requirements in exceptional circumstances at the request of the chief judge. (C) Following attendance at the “Handling Capital Cases” course, a judge remains qualified to preside over a capital case by attending a “Capital Case Refresher” course once during each of the subsequent continuing judicial education reporting periods. A judge who has attended the “Handling Capital Cases” course and who has not taken the “Capital Case Refresher” course within any subsequent continuing judicial education reporting period must requalify to preside over a capital case by attending the refresher course. (D) The refresher course must be at least a 6-hour course approved by the Florida Court Education Council containing instruction on the penalty phase, jury selection, and proceedings brought under Florida Rule of Criminal Procedure 3.851. (11) The failure of any judge to comply with an order or directive of the chief judge is considered neglect of duty and may be reported by the chief judge to the chief justice who has the authority to take any appropriate corrective action. The chief judge may report the neglect of duty by a judge to the Judicial Qualifications Commission or other appropriate person or body or take other appropriate corrective action. (12) At the call of the chief justice, the chief judges of the circuit court and district courts of appeal must meet on a regular basis to discuss and provide feedback for implementation of policies and practices that have statewide impact including, but not limited to, the judicial branch’s management, operation, strategic plan, legislative agenda, and budget priorities. The meetings must occur at least quarterly and be conducted in person, if practicable. At the discretion of the chief justice, any of these meetings may be combined with other judicial branch and leadership meetings. (13) The chief judge must exercise reasonable efforts to promote and encourage diversity in the administration of justice.

Answer 7

The chief judge must be chosen by a majority of the active circuit and county court judges within the circuit for a term of 2 years commencing on July 1 of each odd-numbered year or by the chief justice if there is no majority for a term of 2 years. The election for chief judge must be held no sooner than February 1 of the year during which the chief judge’s term commences beginning July 1. All elections for chief judge must be conducted as follows: (1) All ballots are secret. (2) Any circuit or county judge may nominate a candidate for chief judge. (3) Proxy voting is not permitted. (4) Any judge who will be absent from the election may vote by secret absentee ballot obtained from and returned to the Trial Court Administrator. A chief judge may be removed as chief judge by the supreme court, acting as the administrative supervisory body of all courts, or may be removed by a two-thirds vote of the active judges. The purpose of this rule is to fix a 2-year cycle for the selection of the chief judge in each circuit. A chief judge may serve for successive terms but no more than 8 years. A chief judge who is to be temporarily absent must select an acting chief judge from among the circuit judges. If a chief judge dies, retires, fails to appoint an acting chief judge during an absence, or is unable to perform the duties of the office, the chief justice must appoint a circuit judge to act as chief judge during the absence or disability or until a successor chief judge is elected to serve the unexpired term. When the office of chief judge is temporarily vacant pending action within the scope of this paragraph, the duties of court administration are performed by the circuit judge having the longest continuous service as a judge or by another circuit judge designated by that judge.

Answer 8

Each circuit court administrator is selected or terminated by the chief judge subject to concurrence by a majority vote of the circuit and county judges of the respective circuits.

Answer 9

(1) Local court rules as defined in rule 2.120 may be proposed by a majority of the circuit and county judges in the circuit. The judges must notify the local bar within the circuit of the proposal, after which they must permit a representative of the local bar, and may permit any other interested person, to be heard orally or in writing on the proposal before submitting it to the supreme court for approval. When a proposed local rule is submitted to the supreme court for approval, the following procedure applies. (A) Local court rule proposals must be submitted to the supreme court in January of each year. The supreme court may accept emergency proposals submitted at other times. (B) The clerk of the supreme court submits all local court rule proposals to the Supreme Court Local Rules Advisory Committee by February 15 of each year. At the same time, the clerk of the supreme court sends copies of the proposed rules to the appropriate committees of The Florida Bar. The Florida Bar committees, any interested local bar associations, and any other interested person must submit any comments or responses that they wish to make to the Supreme Court Local Rules Advisory Committee on or before March 15 of that year. (C) The Supreme Court Local Rules Advisory Committee must meet on or before April 15 to consider the proposals and any comments submitted by interested parties. The committee must transmit its recommendations to the supreme court concerning each proposal, with the reasons for its recommendations, within 15 days after its meeting. (D) The supreme court considers the committee’s recommendations and may resubmit the proposals with modifications to the committee for editorial comment only. The supreme court may set a hearing on any proposals or consider them on the recommendations and comments as submitted. If a hearing is set, notice must be given to the chief judge of the circuit from which the proposals originated, the executive director of The Florida Bar, the chair of the Rules of General Practice and Judicial Administration Committee of The Florida Bar, any local bar associations, and any interested persons who made comments on the specific proposals to be considered. The supreme court must act on the proposals promptly after the recommendations are received or heard. (E) A local court rule approved by the supreme court becomes effective on the date set by that court. (F) The clerk of the circuit court where the local court rules take effect must index and record a copy in each applicable county of that circuit. A set of the recorded copies must be readily available for inspection as a public record and copies provided to any requesting party on payment of the cost of duplication. The chief judge of the circuit may publish the local court rules. The clerk of the supreme court must furnish copies of each approved local court rule to The Florida Bar’s executive director. (2) Any judge or member of The Florida Bar who believes that an administrative order promulgated under subdivision (b)(2) of this rule is a court rule or a local rule as defined in rule 2.120, rather than an administrative order, may apply to the Supreme Court Local Rules Advisory Committee for a decision on the question. The decisions of the committee concerning the determination of the question must be reported to the supreme court, and the court must follow the procedure set forth in subdivision (D) above in considering the recommendation of the committee. (3) The clerk of the circuit court where the administrative order takes effect must index and record all administrative orders of a general and continuing nature and other orders designated by the chief judge in each county where the orders are effective. A set of the recorded copies must be readily available for inspection as a public record and copies provided to any requesting party on payment of the cost of duplication. The chief judge of the circuit must publish all administrative orders of a general and continuing nature on the circuit’s website. The chief judge must, direct a review of all local administrative orders on an annual basis to ensure that the set of copies maintained by the clerk remains current and does not conflict with supreme court or local rules. (4) All local court rules entered under this section must be numbered sequentially for each respective judicial circuit.

Answer 10

Every judge who establishes practices or procedures that apply only when appearing before that specific judge must publish those practices and procedures on the circuit’s website. Each division of court that establishes practices and procedures that apply in that division of court must publish those practices and procedures on the circuit’s website. No judge or division may establish a practice or procedure that requires attorneys or parties to communicate with the court solely by written letter. Neither a division nor a judge may establish practices or procedures that contradict established law or rule of procedure. The chief judge of each circuit should establish procedures to ensure compliance with the subdivision.

Answer 11

(1) Judge’s Duty. Every judge has a duty to rule upon and announce an order or judgment on every matter submitted to that judge within a reasonable time. Each judge must maintain a log of cases under advisement and inform the chief judge of the circuit at the end of each calendar month of each case that has been held under advisement for more than 60 days. (2) Notice of Pending Matter. A party may file with the clerk a notice using form 2.604 that a matter has been held under advisement or is ready for disposition and remains pending without judicial action for more than 60 days. The party must serve a copy of the notice on the presiding judge.

Answer 12

Every judge has a duty to expedite priority cases to the extent reasonably possible. Priority cases are those cases that have been assigned a priority status or assigned an expedited disposition schedule by statute, rule of procedure, case law, or otherwise. Particular attention must be given to all juvenile dependency and termination of parental rights cases, cases involving families and children in need of services, challenges involving elections and proposed constitutional amendments, and capital postconviction cases. The chief judge has the discretion to create a postconviction division to handle capital postconviction, as well as non-capital postconviction cases, and may assign 1 or more judges to that division.

Answer 13

The failure of any judge, clerk, prosecutor, public defender, attorney, court reporter, or other officer of the court to comply with an order or directive of the chief judge is considered neglect of duty and must be reported by the chief judge to the chief justice of the supreme court. The chief justice may report the neglect of duty by a judge to the Judicial Qualifications Commission, and neglect of duty by other officials to the governor of Florida or other appropriate person or body.

Answer 14

In any proceeding in which a defendant has been sentenced to death, the circuit judge assigned to the case must take action necessary to ensure that a complete record on appeal has been properly prepared. The judge must convene a status conference with all counsel of record as soon as possible after the record has been prepared under rule of appellate procedure 9.200(d) but before the record has been transmitted. The purpose of the status conference is to ensure that the record is complete.

Answer 15

(1) Creation. There shall be a “Conference of County Court Judges of Florida,” consisting of the active and senior county court judges of the State of Florida. (2) Purpose. The purpose of the conference shall be: (A) the betterment of the judicial system of the state; (B) the improvement of procedure and practice in the several courts; (C) to conduct conferences and institutes for continuing judicial education and to provide forums in which the county court judges of Florida may meet and discuss mutual problems and solutions; and (D) to provide input to the Unified Committee on Judicial Compensation on judicial compensation and benefit issues, and to assist the judicial branch in soliciting support and resources on these issues. (3) Officers. Management of the conference shall be vested in the officers of the conference, an executive committee, and a board of directors. (A) The officers of the conference shall be: (i) the president, president-elect, immediate past president, secretary, and treasurer, who shall be elected at large; and (ii) one vice-president elected from each appellate court district. (B) The executive committee shall consist of the officers of the conference and an executive secretary. (C) The board of directors shall consist of the executive committee and a member elected from each judicial circuit. (D) There shall be an annual meeting of the conference. (E) Between annual meetings of the conference, the affairs of the conference shall be managed by the executive committee. (4) Authority. The conference may adopt governance documents, the provisions of which shall not be inconsistent with this rule.

Answer 16

(1) Organization. There shall be a “Conference of Circuit Court Judges of Florida,” consisting of the active and retired circuit judges of the several judicial circuits of the state, excluding retired judges practicing law. (2) Purpose. The purpose of the conference shall be: (A) the betterment of the judicial system of the state; (B) the improvement of procedure and practice in the several courts; (C) to conduct conferences and institutes for continuing judicial education and to provide forums in which the circuit court judges of Florida may meet and discuss mutual problems and solutions; (D) to provide input to the Unified Committee on Judicial Compensation on judicial compensation and benefit issues, and to assist the judicial branch in soliciting support and resources on these issues; (E) to report to the Florida Supreme Court recommendations as the conference may have concerning the improvement of procedure and practice in the several courts; (F) to confer with the Florida Supreme Court regarding concerns the conference may have concerning the laws of this state affecting the administration of justice; and (G) to provide to the Florida Legislature recommendations as the conference may have concerning laws of this state affecting the administration of justice. (3) Officers. Management of the conference shall be vested in the officers of the conference, an executive committee, and a board of directors. (A) The officers of the conference shall be the chair, chair-elect, secretary, and treasurer. (B) The executive committee shall consist of the officers of the conference and such other members as the conference shall determine. (C) The board of directors shall consist of the executive committee and membership in one shall be identical to membership of the other. (D) There shall be an annual meeting of the conference. (E) Between annual meetings of the conference, the affairs of the conference shall be managed by the executive committee. (4) Authority. The conference may adopt governance documents, the provisions of which shall not be inconsistent with this rule.

Answer 17

(1) Creation. There shall be a “Florida Conference of District Court of Appeal Judges,” consisting of the active and senior district court of appeal judges of the State of Florida. (2) Purpose. The purpose of the conference shall be: (A) the betterment of the judicial system of the state; (B) the improvement of procedure and practice in the several courts; (C) to conduct conferences and institutes for continuing judicial education and to provide forums in which the district court of appeal judges of Florida may meet and discuss mutual problems and solutions; and (D) to provide input to the Unified Committee on Judicial Compensation on judicial compensation and benefit issues, and to assist the judicial branch in soliciting support and resources on these issues. (3) Officers. Management of the conference shall be vested in the officers of the conference and an executive committee. (A) The officers of the conference shall be the president, president-elect, and secretary-treasurer. (B) The executive committee shall consist of the president and president-elect of the conference and the chief judge of each district court of appeal. (C) There shall be an annual meeting of the conference. (D) Between annual meetings of the conference, the affairs of the conference shall be managed by the executive committee. (4) Authority. The conference may adopt governance documents, the provisions of which shall not be inconsistent with this rule.

Answer 18

The conference of judges shall cooperate and coordinate with each other and the state courts administrator on all matters that have implications for the branch as a whole, consistent with their purpose of the betterment of the judicial system of the state and subject to the direction of the chief justice as the chief administrative officer of the judicial branch.

Answer 19

There is hereby created the Judicial Management Council of Florida, which shall meet at least quarterly, and be charged with the following responsibilities: (1) identifying potential crisis situations affecting the judicial branch and developing strategy to timely and effectively address them; (2) identifying and evaluating information that would assist in improving the performance and effectiveness of the judicial branch (for example, information including, but not limited to, internal operations for cash flow and budget performance, and statistical information by court and type of cases for (i) number of cases filed, (ii) aged inventory of cases — the number and age of cases pending, (iii) time to disposition — the percentage of cases disposed or otherwise resolved within established time frames, and (iv) clearance rates — the number of outgoing cases as a percentage of the number of incoming cases); (3) developing and monitoring progress relating to long-range planning for the judicial branch; (4) reviewing the charges of the various court and Florida Bar commissions and committees, recommending consolidation or revision of the commissions and committees, and recommending a method for the coordination of the work of those bodies based on the proposed revisions; and (5) addressing issues brought to the council by the supreme court.

Answer 20

The chief justice and the supreme court shall consider referring significant new issues or problems with implications for judicial branch policy to the Judicial Management Council prior to the creation of any new committees.

Answer 21

The supreme court may take any or all of the following actions on recommendations made by the Judicial Management Council: (1) adopt the recommendation of the council in whole or in part, with or without conditions, including but not limited to: (A) directing that action be taken to influence or change administrative policy, management practices, rules, or programs that are the subject of the recommendations; (B) including the recommendation in the judicial branch’s legislative agenda or budget requests; (2) refer specific issues or questions back to the council for further study or alternative recommendations; (3) reject the recommendation or decision in whole or in part; (4) refer the recommendation to other entities, such as the Florida Legislature, the governor, the cabinet, executive branch agencies, or The Florida Bar, as the supreme court deems appropriate; or (5) take alternative action.

Answer 22

(1) The council shall consist of 15 voting members, including the chief justice, who shall chair the council, an additional justice of the supreme court, representatives from each level of court, and public members. (2) All voting members shall be appointed by the supreme court. Each member, other than the chief justice, will initially be appointed for a 2- or 4- year term, with the terms staggered to ensure continuity and experience on the council and for 4-year terms thereafter. (3) The state courts administrator shall be a nonvoting member. The council may request other nonvoting persons to participate on an as-needed temporary basis to gain expertise and experience in certain issues on review.

Answer 23

The Office of the State Courts Administrator shall provide primary staff support to the Judicial Management Council. Adequate staffing and other resources shall be made available to the Office of the State Courts Administrator to ensure the effective and efficient completion of tasks assigned to the Judicial Management Council. Sufficient resources shall also be provided for meetings of the Judicial Management Council and its committees or subcommittees, and other expenses necessary to the satisfactory completion of its work.

Answer 24

The purpose of this rule is to establish a Trial Court Budget Commission that will have the responsibility for developing and overseeing the administration of trial court budgets in a manner which ensures equity and fairness in state funding among the 20 judicial circuits.

Answer 25

The Trial Court Budget Commission is charged with specific responsibility to: (1) establish budgeting and funding policies and procedures consistent with judicial branch plans and policies, directions from the supreme court, and in consideration of input from the Commission on Trial Court Performance and Accountability and other supreme court committees and from the Florida Conference of Circuit Court Judges and the Florida Conference of County Court Judges; (2) make recommendations to the supreme court on the trial court component of the annual judicial branch budget request; (3) advocate for the trial court component of the annual judicial branch budget request and associated statutory changes; (4) make recommendations to the supreme court on funding allocation formulas and budget implementation and criteria as well as associated accountability mechanisms based on actual legislative appropriations; (5) monitor trial court expenditure trends and revenue collections to identify unanticipated budget problems and to ensure the efficient use of resources; (6) recommend statutory and rule changes related to trial court budgets; (7) develop recommended responses to findings on financial audits and reports from the Supreme Court Inspector General, Auditor General, Office of Program Policy Analysis and Government Accountability, and other governmental entities charged with auditing responsibilities regarding trial court budgeting when appropriate; (8) recommend to the supreme court trial court budget reductions required by the legislature; (9) identify potential additional sources of revenue for the trial courts; (10) recommend to the supreme court legislative pay plan issues for trial court personnel, except the commission shall not make recommendations as to pay or benefits for judges; and (11) request input from the Commission on Trial Court Performance and Accountability on recommendations from that commission that may impact the trial court budget or require funding.

Answer 26

The Trial Court Budget Commission will establish operating procedures necessary to carry out its responsibilities as outlined in subdivision (b), subject to final approval by the supreme court. These procedures shall include: (1) a method for ensuring input from interested constituencies, including the chief judges and trial court administrators of the trial courts, other members of the trial court judiciary, the Judicial Management Council, the Commission on Trial Court Performance and Accountability, and other judicial branch committees and commissions; and (2) a method for appeal of the decisions of the Trial Court Budget Commission. Appeals may be made only by a chief judge on behalf of a circuit. Appeals may be heard only by the Trial Court Budget Commission unless the appeal is based on the failure of the commission to adhere to its operating procedures, in which case the appeal may be made to the supreme court.

Answer 27

The supreme court or chief justice, as appropriate, may take any or all of the following actions on recommendations made by the Trial Court Budget Commission: (1) The adoption of the recommendations of the commission made in accordance with the discharge of its responsibilities listed in subdivision (b) in whole. (2) The adoption of the recommendations in part and referral of specific issues or questions back to the commission for further study or alternative recommendations.

Answer 28

The Trial Court Budget Commission will be composed of 21 voting members appointed by the chief justice who will be trial court judges and trial court administrators and who will represent the interests of the trial courts generally rather than the individual interests of a particular circuit, level of court, or division. The respective presidents of the Conference of Circuit Court Judges and the Conference of County Court Judges and the chair of the Commission on Trial Court Performance and Accountability shall serve as ex officio nonvoting members of the commission. The chief justice will make appointments to ensure that the broad interests of the trial courts are represented by including members who are from different levels of court (circuit or county), who have experience in different divisions, who have expertise in court operations or administrative matters, and who offer geographic, racial, ethnic, and gender diversity. (1) The membership must include a minimum of 12 trial court judges and a minimum of 5 trial court administrators. (2) The chief justice will appoint 1 member to serve as chair and 1 member to serve as vice chair, each for a 2-year term. (3) A supreme court justice will be appointed by the chief justice to serve as supreme court liaison. (4) No circuit will have more than 2 members on the commission. (5) Voting members will each be appointed for a 6-year term and may serve no more than two full terms. Notwithstanding that limitation, the chief justice may appoint a member for additional terms if the supreme court determines it is in the best interests of the trial courts. In the event of a vacancy, the chief justice will appoint a new member to serve for the remainder of the departing member’s term, which service shall not count toward the limitation on the number of terms. (6) The commission may establish subcommittees as necessary to satisfactorily carry out its responsibilities. Subcommittees may make recommendations only to the commission as a whole. The chair of the commission may appoint a non-commission member to serve on a subcommittee.

Answer 29

The Office of the State Courts Administrator will provide primary staff support to the commission. Adequate staffing and resources will be made available to the Office of the State Courts Administrator to ensure the commission is able to fulfill its responsibilities as outlined in the rule. Sufficient resources will also be provided for the commission and its subcommittees to meet and otherwise complete its work.

Answer 30

The purpose of this rule is to establish a District Court of Appeal Budget Commission with responsibility for developing and overseeing the administration of district court budgets in a manner which ensures equity and fairness in state funding among the 6 districts.

Answer 31

The District Court of Appeal Budget Commission is charged with specific responsibility to: (1) establish budgeting and funding policies and procedures consistent with judicial branch plans and policies, directions from the supreme court, and in consideration of input from the Commission on District Court of Appeal Performance and Accountability, and other supreme court committees; (2) make recommendations to the supreme court on a unitary district court component of the annual judicial branch budget request; (3) advocate for the district court component of the annual judicial branch budget request; (4) make recommendations to the supreme court on funding allocation formulas and/or criteria as well as associated accountability mechanisms based on actual legislative appropriations; (5) monitor district court expenditure trends and revenue collections to identify unanticipated budget problems and to ensure the efficient use of resources; (6) recommend statutory and rule changes related to district court budgets; (7) develop recommended responses to findings on financial audits and reports from the Supreme Court Inspector General, Auditor General, Office of Program Policy Analysis and Government Accountability, and other governmental entities charged with auditing responsibilities regarding district court budgeting when appropriate; (8) recommend to the supreme court district court budget reductions required by the legislature; (9) identify potential additional sources of revenue for the district courts; (10) recommend to the supreme court legislative pay plan issues for district court personnel, except the commission shall not make recommendations as to pay or benefits for judges; (11) request input from the Commission on District Court of Appeal Performance and Accountability on recommendations from that commission that may impact the district court budget or require funding.

Answer 32

The supreme court or chief justice, as appropriate, may take any or all of the following actions on recommendations made by the District Court of Appeal Budget Commission: (1) The adoption of the recommendations of the commission made in accordance with the discharge of its responsibilities listed in subdivision (b) in whole. (2) The adoption of the recommendations in part and referral of specific issues or questions back to the commission for further study or alternative recommendations.

Answer 33

The District Court of Appeal Budget Commission will establish operating procedures necessary to carry out its responsibilities as outlined in subdivision (b), subject to final approval by the supreme court. These procedures shall include: (1) a method for ensuring input from interested constituencies, including the chief judges, marshals, and clerks of the district courts, other members of the district court judiciary, the Judicial Management Council, the Commission on District Court of Appeal Performance and Accountability, and other judicial branch committees and commissions; and (2) a method for appeal of the decisions of the District Court of Appeal Budget Commission. Appeals may be made only by a chief judge on behalf of the district. Appeals may be heard only by the District Court of Appeal Budget Commission unless the appeal is based on the failure of the commission to adhere to its operating procedures, in which case the appeal may be made to the supreme court.

Rules of Judicial Administration Flashcards

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