Judiciary Flashcards
FL Supreme Court
Has 7 justices, one from each appellate district.
5 Justices is a quorum
4 must concur on a decision
Appointed by governor. Serve 6 year terms, then voted by retention vote to continue.
Judicial Commissions
Judicial Nominating Commission: Provides nominations of judges to Governor.
Judicial Qualifications Commission: Determines judge fitness to serve.
- Can recommend removal or reprimand
- If Supr Ct Justice recommended for either, 7 most senior circuit judges sit as the supreme ct.
Florida Commission of Ethics investigates all other public officials (except judges).
Judicial Qualifications
Supreme Ct and Appelate Ct Justices:
- Member’s of FL bar
- Member’s of bar for preceding 10 years
Circuit/County Ct judges in county’s of more than 40,000 ppl.
1. Member of FL bar for preceding 5 years
If under 40,000
1. Member of FL bar
Supreme Ct Mandatory Review
- Death Sentences
- Bond Validation
- Decisions by Dist Ct of Appeal declaring statutes/provisions invalid
- Statewide utility rates
Supreme Ct Discretionary Review
May review:
- Expressly affecting a class of constitutional officers
- Conflicting decisions between DCA’s
- Statute and Constitution validity by DCA
- Certified as an issue of great public importance by DCA
- Where Trial Ct certifies as great public importance
- Questions of FL law raised by Federal Ct’s
Supreme Court Administrative
- Rules of practice and procedure for all courts
- Florida Bar
-Exclusive power to admit/discipline atty’s
Legislature may repeal a rule by 2/3 vote, but can’t amend/pass laws dealing with court practices or procedures.
Dist Ct of Appeal Mandatory review
- Final orders of Circuit Ct’s
2. Final orders of State agencies
Dist Ct of Appeal Discretionary review
- Non-final orders of Circuit Ct’s
- Final orders of Circuit Ct in its appellate capacity.
- County certifies of great public importance
Circuit Ct’s jurisdiction
- Probate
- Juvenile cases
- Felony cases
- Tax assessment cases
- Appellate jurisdiction over county courts
- Actions involving title or boundaries of real property
- Amount sought exceeds $15,000 (or equitable remedy)
County Ct’s jurisdiction
- Ordinances
- Misdemeanors
- Traffic infractions
- Amount sought $15,000 or less
- Dissolution of marriage