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What courts make up the Florida system?
Who pays for the Court system?
What level of court would handle your case?
Who can be a judge?
How are judges selected?
How does the Judicial Nominating Process work?
How are judges disciplined?
What if you cannot afford a lawyer?
What courts make up the Florida system?
The Florida court system consists of the Supreme Court in
Tallahassee; five district courts of appeal which have appellate
jurisdiction for most cases, located in Tallahassee, Daytona Beach,
Lakeland (with a branch in Tampa), Miami and West Palm Beach; county
courts in each of Florida's 67 counties; and 20 circuit courts
having jurisdiction over one or more counties.
Who pays for the Court system?
The state pays all of the costs of running Florida's appellate
courts. It pays the salaries of all trial (circuit and county)
judges and their secretaries, who are called judicial assistants,
and most other costs of running the trial courts. Counties pay some
other costs of the trial courts, such as providing the court
facilities.
What level of court would handle
your case?
County Courts , which
are courts of limited jurisdiction, handle among other things:
- County and city ordinance violations, including traffic
infractions.
- Misdemeanor criminal offenses like simple battery, driving
under the influence, etc.
Circuit Courts ,
which are courts of general jurisdiction, handle, among other
matters:
- Major criminal offenses, felonies ranging from possession of
cocaine to pre-meditated murder
- Appeals from county court judgments, except when a state
statute or provision of the state constitution is held invalid.
District Courts of Appeal
, which sit in panels of three judges, or en banc (special cases),
decide appeals from circuit courts in most criminal cases. They also
have jurisdiction to decide appeals from county courts when:
- a state statute or provision of the state constitution is
held invalid, or
- for orders or judgments of a county court which are
certified to be of great public importance and are accepted for
review. In Florida, district courts of appeal are courts of
finality in many instances.
The Florida Supreme Court
, has seven justices, decides the most important legal issues in
Florida. Among other issues, the court decides:
- Constitutional questions.
- District court decisions holding invalid laws or provisions
of the state constitution.
- Questions certified by the district courts as being of great
public importance or in conflict with another district court's
decision.
- Conflicts between those courts or between district courts
and the Supreme Court.
- Bond validation judgments.
- The legal sufficiency of Public Service Commission rulings
on electric, gas, or telephone utilities rates or service.
- The legal sufficiency of all judgments imposing the death
penalty.
Who can be a judge?
All judges must be lawyers. County court judges must have been
Florida lawyers for five years prior to qualifying for election or
appointment. In counties with a population of less than 40,000,
county court judges need only be Florida lawyers in good standing.
- Circuit court judges must have been Florida lawyers for at
least five years before their appointment or election.
- District court judges and Supreme Court justices must have
been Florida lawyers for at least 10 years before their
appointments.
- Judges must devote full time to their judicial duties and
may not have a private law practice or hold office in any
political party.
How are judges selected?
All circuit and county court judges who are not appointed by the
governor to fill vacancies are chosen by the electors in nonpartisan
judicial elections.
Justices of the Supreme Court and judges of the district courts
of appeal are appointed by the governor after their names have been
submitted by a nominating commission. Most incumbent justices of the
Supreme Court and judges of the district courts of appeal run for
six-year terms under a merit retention system when the name of each
justice or judge appears on the ballot as a question to the voters:
Should the justice or judge be retained in office? When an
unfavorable vote results, the judicial position becomes vacant
automatically, and the nominating process begins anew.
How does the Judicial Nominating
Process work?
A panel of lawyers and non-lawyer members screens applicants for
vacant judgeships and recommends from three nominees to six to the
governor for appointment. Twenty-six judicial nominating commissions
operate in Florida: one for the Supreme Court of Florida; one for
each district court of appeal and one for each of the 20 judicial
circuits. Commission members are appointed by the Governor with some
input from The Florida Bar.
A 1984 constitutional amendment requires that uniform rules of
procedure be established by commissions at each court system level
and that certain records and proceedings be open to the public.
How are judges disciplined?
Article V, section 12 of the Constitution creates a Judicial
Qualifications Commission, which is charged with the duty to
investigate allegations that conduct of a Florida judge or justice
"demonstrates a present unfitness to hold office." This 15-member
Commission is composed of judges, attorneys, and lay persons-public
citizens. Upon investigation and a hearing, the Commission may
recommend punishment that can include a fine, a public reprimand
administered in person by the Supreme Court, suspension from office,
or removal from office. The Commission can also recommend the
retirement of judges too ill to perform the duties of their offices.
That recommendation goes to the Florida Supreme Court for final
determination.
What if you cannot afford a lawyer?
In criminal cases, a public defender or a regional conflict counsel
lawyer (if the public defender has a conflict of interest) may be
appointed to represent an indigent defendant.
(Reprinted and adapted from www.floridabar.org consumer pamphlet)
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Inmate rights defense attorney
As a board certified criminal lawyer, I represents clients charged
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