Supreme Court of Florida
30°26′17″N 84°17′01″W / 30.438092°N 84.283585°W
Supreme Court of Florida | |
---|---|
Chief Justice | |
Currently | Carlos G. Muñiz |
Since | July 1, 2022 |
Lead position ends | June 30, 2024 |
The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large.
The justices are appointed by the
Chief justices are elected by the members of the Court to two-year terms that end in every even-numbered year. Chief justices may succeed themselves in office if they are re-elected by the other justices. The chief justice also can appoint judges to temporary duty on the Court if at least one of the justices is unable to hear a case for any reason. The temporary justices are called "associate justices" and are usually chosen on a rotating basis from presiding judges of Florida's district courts of appeal.[2] They usually sit only for a single case. Unlike the U.S. Supreme Court, the term "associate justice" is never used to describe the sitting Florida justices.
The Court is the final arbiter of state law of Florida, and its decisions are binding authority for all other Florida state courts, as well as for federal courts when they apply Florida law. In most instances, the only appeal from the Florida Supreme Court is to the U.S. Supreme Court on questions of federal law.[1]
Established upon statehood in 1845, the Florida Supreme Court is headquartered across Duval Street from the
As of October 2020, each justice of the Florida Supreme Court receives a salary of $227,218.[2]
History
After Florida's entrance into the union in 1845, and the ratification of the state's first Constitution, the Supreme Court of the State of Florida was born. It is the successor to the
Following the Civil War and the adoption of the 1868 Constitution, justices were appointed by the governor and confirmed by the State Senate. In 1885, the state returned to elected justices.[3] In 1940, the court's membership was finally increased to its current size of seven members, and a 1926 constitutional amendment provided that the chief justice should be elected by the justices of the Court. A two-year term for the chief justice was established by the Rules of Court adopted by the Supreme Court, with each term beginning on July 1 of even-numbered years and ending on June 30 in the next even-numbered year.[3]
In the early 1970s, more than half the justices resigned over various corruption probes.[4]
In 1975, Florida Supreme Court justice David L. McCain tampered with a lower court decision on behalf of campaign supporters. Faced with impeachment proceedings, he resigned.[5][6]
In 1976, the state returned to appointed justices when the current merit retention system was put in place.[7]
In 2004, the court had a backlog of 1,544 cases. In 2011, there was a backlog of 881 cases.[8]
Powers
Jurisdiction
The jurisdiction of the Supreme Court of Florida is laid out in Article V of the
The Supreme Court of Florida has appellate jurisdiction that is discretionary (cases the Court may choose to hear if it wishes) in most cases and mandatory (cases the court must hear) in a few cases. In some matters, the Court has original jurisdiction, meaning that the case can begin and end in the Supreme Court absent a basis for further appeal to the Supreme Court of the United States. The Court also has some forms of exclusive jurisdiction, meaning that it is the only court or government body that can decide the issue.[9]
Mandatory jurisdiction
The Florida Constitution, Article V, (3)(b)(1), establishes mandatory jurisdiction for the following:[9]
- Cases in which the district courts of appeal(DCAs).
- Decisions by the DCAs declaring invalid a state statute or constitutional provision.
- The Florida Constitution, Article V, (3)(b)(2), permits the Florida Legislature to provide for mandatory jurisdiction in the following two circumstances (the legislature has so provided):
- For final judgments on proceedings for validation of bonds or certificates of indebtedness. Here again, the Florida Supreme Court directly reviews circuit court decisions.
- For review of action of statewide agencies relating to rates or service of electric, gas, and telephone utilities.
Discretionary jurisdiction
The Florida Constitution, Article V, (3)(b)(3–5), provides discretionary jurisdiction for a much larger set of circumstances, including:[9]
- DCA decisions expressly declaring a state statute or constitutional provision to be valid (as opposed to invalid, which as stated above places the appellate court decision under mandatory jurisdiction)
- DCA decisions that expressly affect a class of constitutional/state officers
- DCA decisions that expressly and directly conflict with the decision of another DCA or of the Florida Supreme Court (including decisions that the DCA certifies to be in conflict with an opinion of another DCA)
- DCA decisions that the DCA certifies, or orders or judgments of trial courts certified by a DCA in which appeal is pending, to be of "great public importance", or to have a great effect on the proper administration of justice throughout the state, and certified to require immediate resolution by the Supreme Court
- Questions of law certified by the United States court of appealsas determinative of a cause before them, for which there is no controlling precedent by the Florida Supreme Court.
Original nonexclusive jurisdiction
The Florida Constitution further grants the Supreme Court original nonexclusive jurisdiction over certain matters.[9] "Original" means that the case can begin and end in the state Supreme Court absent a basis for further appeal to the U.S. Supreme Court. "Nonexclusive" means that these matters do not absolutely have to begin in the Supreme Court, but also could originate in a lower court. The bulk of matters falling within this category often are called the "extraordinary writs" and include habeas corpus, mandamus, quo warranto, and the writ of prohibition.
Exclusive jurisdiction
The Supreme Court has exclusive jurisdiction over some other matters.
Prohibited Areas
Pursuant to a 1980 amendment to the Florida Constitution, the Supreme Court has no jurisdiction to review a "per curiam affirmed" decision by one of the Florida District Courts of Appeal, meaning that, in the vast majority of cases, decisions of the Florida District Court of Appeal are final, subject only to the possibility of review by the United States Supreme Court.[10] For an example in which a "per curiam affirmed" decision was reviewed by the United States Supreme Court and reversed, see Ibanez v. Florida Department of Business and Professional Regulation, 512 U.S. 136 (1994). In the Ibanez case, the Florida State Board of Accountancy held that a CPA who was also a lawyer was prohibited from disclosing on her law firm letterhead that she was also a CPA, and the First District Court of Appeal "per curiam affirmed" the decision. The United States Supreme Court reversed.
Duties
The Supreme Court also has the duty to review legislative redistricting after each decennial Census. After the Florida Legislature enacts a joint resolution reapportioning the State House and Senate, the plan is presented to the Supreme Court on a petition filed by the Florida Attorney General. The Supreme Court's review of an apportionment plan created by the Legislature is guided by several standards specified in the Constitution, including new ones added to the Constitution by the voters in 2010 that prohibit gerrymandering. If the Legislature fails to initially pass a reapportionment plan or fails to enact a remedial plan after its primary plan is rejected by the Supreme Court, then the Court has the duty to apportion the State. The Supreme Court also has the authority to impose discipline on state judges for ethical breaches, which can range from a public televised reprimand to removal from office.[9]
Organization
Composition
The Court is composed of the chief justice and six other justices, who all serve six-year staggered terms. The justices elect the chief justice from amongst themselves. Justices must be an elector (a qualified, registered voter) of the state and must have been a member in good standing of the
Operation
At least five justices must be present for the Court to carry out its official functions, and at least four justices must agree on decisions issued by the Court. The chief justice can assign judges of the lower courts to serve as temporary justices (called "associate justices" under Florida Rules of Court) if the need arises. Under the Court's Internal Operations Procedures Manual, the appointment of associate justices rotates among the chief judges of the district courts of appeal in their numerical order, from one to five, and then starts over again. The intent behind this procedure is to eliminate any concern that temporary associate justices are appointed because of their personal views on legal issues.
The Court holds two terms each year, with the first commencing on the first day of January and the second beginning on the first day of July.[3]
Appointment, retention and impeachment
A relatively complex appointment process (a modified form of the "
Justices must meet four requirements to qualify for appointment to the Court: they must be an elector (a qualified, registered voter) of the state, they must reside in the territorial jurisdiction of the state when they assume office, they must be members of the Florida Bar for at least ten years, and they must be under 75 years of age.
After appointment, the new justice must face statewide voters in the next general election that is more than one year after the date of initial appointment. In this "merit retention" election, voters decide only if the new justice will remain in office. If not retained in office, the governor appoints a replacement through the same Judicial Nominating Commission process. After this first merit retention election, justices face the voters in the same type of merit retention election every six years thereafter until they leave or reach retirement age.[11]
Following a constitutional amendment passed by referendum in November 2018, mandatory retirement for Florida Supreme Court justices occurs upon reaching age 75.[12][13] The Florida Constitution states, "No justice or judge shall serve after attaining the age of seventy-five years except upon temporary assignment."[14] They thus must retire on the date of their 75th birthdays if still in office at that time.[15]
Justices may be removed by one of two methods. They can be disciplined upon the recommendation of the Judicial Qualifications Commission, at which time the Court may remove a justice or impose a lesser penalty such as a fine or reprimand; and justices may be impeached by a two-thirds vote of the Florida House of Representatives and convicted by a two-thirds vote of the Senate.[16]
Justices
Justice[17] | Born | District[a] | Joined | Chief Justice | Term ends | Mandatory retirement[b] | Appointed by | Law school |
---|---|---|---|---|---|---|---|---|
Carlos G. Muñiz, Chief Justice | June 25, 1969 | First | January 22, 2019 | 2022–present | 2026 | 2044 | Ron DeSantis (R) | Yale |
Charles Canady | June 22, 1954 | Second | September 8, 2008 | 2018–2022; 2010–2012 | 2028 | 2029 | Charlie Crist (R) | Yale |
Jorge Labarga | 1952 (age 71–72) | Fourth | January 6, 2009 | 2014–2018 | 2028 | 2027 | Charlie Crist (R) | Florida
|
John D. Couriel | March 23, 1978 | Third | June 1, 2020 | – | 2028 | 2053 | Ron DeSantis (R) | Harvard |
Jamie Grosshans | 1978 or 1979 (age 44–45) | Fifth | September 14, 2020 | – | 2028 | 2053 | Ron DeSantis (R) | Mississippi |
Renatha Francis | 1976 or 1977 (age 46–47) | Fourth | September 1, 2022 | – | 2025 | 2051/2052 | Ron DeSantis (R) | Florida Coastal |
Meredith Sasso | 1982 or 1983 (age 40–41) | Sixth | May 25, 2023 | – | 2025 | 2058 | Ron DeSantis (R) | Florida |
Chief Justice Carlos G. Muñiz | Justice Charles Canady | Justice Jorge Labarga | Justice John D. Couriel | Justice Jamie Grosshans | Justice Renatha Francis | Justice Meredith Sasso |
- resulting in the creation of a sixth appellate district.
- ^ Justices must retire on their 75th birthday.
Notable cases and precedent
State and local cases
In 1999, a dissenting opinion by Justice Leander J. Shaw Jr. sparked a worldwide debate over the use of Old Sparky, Florida's electric chair, which helped lead to events that caused the Florida Legislature to adopt lethal injection as the state's method of execution only a few months later.[20][21]
In 2004, the Court struck down another piece of legislation from the Florida Legislature that was designed to reverse a lower court decision in the Terri Schiavo case.
In 2006, the Court struck down a law passed by the
In 2013, Governor
2000 presidential election
In the
Former chief justice Charles T. Wells, who presided over the two historic cases argued at the state highest court, wrote a first person account of the controversy, Inside Bush v. Gore, published in 2013.[33]
Library
The library of the
When it began, the library clerk was the staff member that handled all reference questions and served as librarian.[34] It was not until 1956, under section 25.341 of the Florida Statutes, that the Supreme Court had a separate librarian administering the library including reference.
The library holds various collections to assist professionals and members of the public. Some examples are court decisions, statutes, regulations, jury instructions, legal periodicals, and treatises, in both print and online format.[34] One interesting fact about these collections is that they do not circulate outside of the building. The Library has an online catalog.
See also
- Florida Constitution
- Government of Florida
- Judiciary of Florida
- List of justices of the Florida Supreme Court
- Florida Democratic Party
- Republican Party of Florida
References
- ^ a b "Florida's Legal & Judicial System". October 21, 2012. Archived from the original on October 21, 2012. Retrieved April 30, 2023.
- ^ a b "The State Courts System – The Florida Bar". Retrieved October 16, 2020.
- ^ a b c d "Supreme Court History". Florida Supreme Court. Retrieved April 30, 2023.
- ISSN 0362-4331. Retrieved April 30, 2023.
- ^ "AROUND THE NATION - Ex-Florida Court Justice Accused in Drug Case - NYTimes.com". The New York Times. September 27, 1982. Retrieved January 12, 2015.
- ^ "The shoddy history of politicized courts". Tampa Bay Times. December 25, 2016. Archived from the original on December 25, 2016. Retrieved April 30, 2023.
- ^ Royce, David (January 1, 2013). "Ex-high justice, 85, dies". Florida Today. Melbourne, Florida. pp. 10B.
- ^ "Editorial:Crushing the courts". Florida Today. Melbourne, Florida. April 3, 2011. pp. 18A. Archived from the original on June 5, 2015.
- ^ ISSN 1049-0248.
- ^ Oh No! Not a Per Curiam Affirmed Decision on my Appeal H. Michael Muniz, Vol. 93, No. 3, p. 26. (May/June 2019).
- ^ "Florida's Court System". Supreme Court. Retrieved April 30, 2023.
- ^ Rivas, Nathaniel (November 7, 2018). "Amendment 6 passes, providing more victims' rights, new judge retirement age". WKMG. Retrieved April 30, 2023.
- ^ "Florida Amendment 6, Marsy's Law Crime Victims Rights, Judicial Retirement Age, and Judicial Interpretation of Laws and Rules Amendment (2018)". Ballotpedia. Retrieved April 30, 2023.
- ^ "Statutes & Constitution :Constitution : Online Sunshine". www.leg.state.fl.us.
- ^ "Merit Selection, Retention & Retirement". Supreme Court. Retrieved April 30, 2023.
- ^ "Judicial Selection in the States - Methods of Judicial Selection". November 27, 2021. Archived from the original on November 27, 2021. Retrieved April 30, 2023.
- ^ Succession of Justices of Supreme Court of Florida Supreme Court of Florida
- ^ "Statutes & Constitution :Constitution : Online Sunshine". www.leg.state.fl.us.
- ^ Cann, Eve A.; Kaney, Michael P.; Levin, David B. (September 13, 2022). "Florida's New Sixth District Court of Appeal: What It Means for Judges and Attorneys in the State of Florida". Baker Donelson.
- ^ "Leander Shaw Florida first African American chief of Justice dies at 85". Daily Business Review. Retrieved September 2, 2020.
- ^ Saunders, Jim. "Former Florida Supreme Court Justice Leander Shaw dies at 85". sun-sentinel.com. Retrieved October 2, 2020.
- ^ Engle v. Liggett Group. July 6, 2006.
- Florida State Senate. Retrieved March 15, 2016.
- ^ Klas, Mary Ellen (June 14, 2016). "Gov. Rick Scott signs bill to speed up executions in Florida". Miami Herald. Retrieved October 15, 2016.
- ^ Liptak, Adam (January 12, 2016). "Supreme Court Strikes Down Part of Florida Death Penalty". The New York Times. Retrieved February 3, 2016.
- ^ Alvarez, Lizette (February 2, 2016). "Supreme Court Ruling Has Florida Scrambling to Fix Death Penalty Law". The New York Times. Retrieved February 3, 2016.
- Washington Post. Retrieved August 3, 2016.
- ^ Klas, Mary Ellen; Ovalle, David (October 14, 2016). "Court again tosses state death penalty; ruling raises bar on capital punishment". Miami Herald. Retrieved October 15, 2016.
- ^ "Justices Reject Florida Appeal Over Death Penalty". U.S. News & World Report. May 22, 2017. Retrieved June 15, 2017.
- ^ "Florida Tightens Death Penalty Law to Require Unanimous Jury Recommendation". U.S. News & World Report. March 13, 2017. Retrieved June 15, 2017.
- ^ "Technological Transparency" (PDF). Retrieved December 17, 2016.
- ^ "HBO: Recount: Home". June 16, 2017. Archived from the original on June 16, 2017. Retrieved April 30, 2023.
- ^ "Inside Bush v. Gore". Archived from the original on December 20, 2014. Retrieved January 12, 2015.
- ^ a b c "Library & Archives". Florida Supreme Court. Retrieved April 30, 2023.