Supreme Court of Florida
30°26′17″N 84°17′01″W / 30.438092°N 84.283585°W
| Supreme Court of Florida | |
|---|---|
| File:Florida Supreme Court seal.jpg Seal of the Supreme Court of Florida | |
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| Established | 1845 |
| Location |  Tallahassee, Florida |
| Composition method | Gubernatorial appointment |
| Authorized by | Florida Constitution |
| Appeals to | Supreme Court of the United States |
| Judge term length | 6 years |
| Number of positions | 7 |
| Website | Official Website |
| Chief Justice | |
| Currently | Charles T. Canady |
| Since | July 1, 2010 |
| Lead position ends | June 30, 2012 |
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The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each term.[1] The Court is the final arbitrator of legal cases in the state, and its decisions are binding on all other Florida state courts.[1]
Established upon statehood in 1845, the court is headquartered across the street from the state capitol in Tallahassee. Throughout the court's history it has undergone many reorganizations as Florida's population has steadily grown. The Florida Supreme Court has heard many cases of note, including the 2000 presidential election Florida recount case Bush v. Gore.
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. Though the constitution created a Supreme Court, it vested it with no judges and little power. Florida Circuit Court judges served in the capacity of Supreme Court Justices until 1951 when an 1848 constitutional amendment took effect granting the state legislator power to choose three justices, one Chief Justice and two Associate Justice's.[2] In 1853, another constitutional amendment was adopted that provided for the popular election of Justices to serve six-year terms.
Following the Civil War and the adoption of the 1868 Constitution, Justices were appointed by the Governor and confirmed by the State Senate. Still there were to be three Justices, a Chief Justice and two Associate Justices.[2] In 1940, the courts membership was finally increased to its current size of seven members, and a 1926 constitutional amendment provided that the Chief Justice should be selected by the Justices of the Court and should serve for a term of two years.[2]
Powers
Jurisdiction
The jurisdiction of the Supreme Court of Florida is laid out in Article V of the Florida Constitution. The Court follows the common law and since Stewart v. Preston (1846) has published official law reports of its precedential opinions.
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.[3]
Mandatory jurisdiction
The Florida Constitution, Article V, (3)(b)(1), establishes mandatory jurisdiction for the following:[3]
- Cases in which the death penalty is imposed (but solely to review findings of lower courts on the law, not on the facts). In such instances, the Florida Supreme Court directly reviews Florida Circuit Court decisions, skipping the intermediate Florida 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:[3]
- DCA decisions expressly declaring a state statute or constitutional provision to be valid
- DCA decisions that expressly affects 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
- DCA decisions that the DCA certifies to be of great public importance
- DCA decisions that the DCA certifies to be in conflict with an opinion of another DCA
- 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 Supreme Court of the United States or a United States court of appeals as 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.[3] "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
Finally, the Supreme Court has exclusive jurisdiction over some other matters.[3] "Exclusive" means that the Florida Supreme Court is the only court or governmental body that can resolve the issue. This category includes regulation of the Florida Bar, regulation of admissions to the Bar, creating and amending the Florida Rules of Court, and determining whether the Governor is incapacitated and thus unable to fulfill the duties of office. It also includes two forms of jurisdiction to issue advisory opinions. The Court can provide an advisory opinion upon a request by the Governor to address uncertainties about legal issues involving the executive branch's powers. It also can issue advisory opinions to the Florida Attorney General about citizens' initiatives to amend the state Constitution. However, for this last type of advisory opinion, the Court only determine whether the citizens' initiative meets two legal requirements: its ballot summary fairly advises the voters of its effect; and it only contains a single subject. The effect of the advisory opinions commonly remove non-conforming initiatives from the ballot.
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 limited to two considerations: whether the plan satisfies the equal protection standard of one-person, one-vote, and whether the plan satisfies the state constitutional requirement that the districts contain contiguous, overlapping, or identical territory. 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.[3]
Organization
Composition
The Court is composed of the Chief Justice and six 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 Florida Bar for at least ten years. They must retire on their 70th birthday unless it falls within the second half of their six-year terms. In that event, they can remain in office until the end of the full term.
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.[2]
Appointment, retention and impeachment
The Court must have at least one justice who resided in each of Florida's five lower appellate districts on the date of their appointment. A relatively complex appointment process (known as a modified "Missouri Plan") is set forth in the Florida Constitution, which requires the creation of a Judicial Nominating Commission composed of persons appointed to staggered four year terms, representing various interests. The Commission must submit to the Governor of Florida between three and six names for each vacancy on the court, from which the Governor selects the new Justice. The Governor's selection is final and requires no further approval by any governmental body. Up until 1971 when merit selection was implemented, judges were chosen by direct election of the people. In 1974, Justice Ben Overton became the first Supreme Court justice chosen by merit selection.
Justices must meet three 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, and they must be under 70 years of age, except if the appointment is temporary, to complete an unfinished period of half-a-term or less.
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.[4]
Justices may be removed by one of two methods. They can be impeached upon the recommendation of the Judicial Qualifications Commission, at which time the Court may remove a Justice, 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.[5]
Justices
| Name[6] | Appointed | Chief Justice | Term expiration | Mandatory retirement | Appointing Governor |
|---|---|---|---|---|---|
| Barbara J. Pariente | December 10, 1997 | 2004—2006 | 2013 | 2018 | Lawton Chiles, Democrat |
| R. Fred Lewis | December 7, 1998 | 2006—2008 | 2013 | 2017 | Lawton Chiles, Democrat |
| Peggy A. Quince | December 8, 1998 | 2008—2010 | 2013 | 2018 | Lawton Chiles, Democrat/ Jeb Bush, Republican[7] |
| Charles T. Canady | August 28, 2008 | 2010—Present | 2011 | 2024 | Charlie Crist, Republican |
| Ricky Polston | October 1, 2008 | — | 2011 | 2026 | Charlie Crist, Republican |
| Jorge Labarga | January 2, 2009 | — | 2011 | 2023 | Charlie Crist, Republican |
| James E.C. Perry | March 11, 2009 | — | 2011 | 2014 | Charlie Crist, Republican |
Notable cases and precedent
State and local
In 1999, a dissenting opinion by one of the Justices sparked a worldwide debate over the use of Old Sparky, Florida's electric chair, which may have led to events that caused the Florida Legislature to adopt lethal injection as the state's method of execution only a few months later.
In 2004, the court struck down another piece of legislation from the Florida legislature designed to reverse a lower court decision in the Terri Schiavo case.
In 2006, the Court struck down a law passed by the Florida legislature that had created the United States' first state-wide education voucher program. In Engle v. Liggett Group, it also ordered desertification of a class action lawsuit against big tobacco companies that effectively reversed the largest punitive damage jury award, $145 billion, in U.S. history.
Bush v. Gore, and the 2000 Election
In the 2000 presidential election controversy, the Supreme Court of the United States overturned the Florida Supreme Court after it had ordered a statewide recount. Notably, arguments before the Florida Supreme Court in the 2000 presidential election cases were the first appellate court proceedings in history broadcast live in their entirety on major television networks in the United States and throughout the world. These events later were dramatized in the 2008 HBO movie Recount.[8]
See also
- Courts of Florida
- Florida Constitution
- Government of Florida
- List of former Florida Supreme Court Justices
References
- ^ a b Florida's Legal & Judicial System Guide to Florida Law
- ^ a b c d The Florida Supreme Court - About the Court Supreme Court of Florida
- ^ a b c d e f The Operation and Jurisdiction of th Supreme Court of Florida Nova Law Review. Nova Southeastern University.
- ^ Public Information - Florida's State Court System Supreme Court of Florida
- ^ Methods of Judicial Selection - Removal of Judges American Judicature Society
- ^ Succession of Justices of Supreme Court of Florida Supreme Court of Florida
- ^ Justices of the Florida Supreme Court - Chief Justice Quince Supreme Court of Florida
- ^ HBO: Recount: synopsis Home Box Office