Fall 2006 Full Court Press the Offi Cial Newsletter of the State Courts System of fl Orida
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Fall 2006 FUll Court Press the offi cial newsletter of the state courts system of fl orida In � is I� ue A MESSAGE FROM LISA GOODNER, STATE COURTS ADMINISTRATOR This fall edition of the Full Court Press begins with a summary of Chief Justice Lewis’ Chief Justice R. Fred Lewis’ major initiatives, many of which call for Initiatives 2 collaboration among justice system partners. Chief Justice Lewis plans to focus his energies on a Fairness & multitude of important issues, Diversity 3 including ensuring optimal Court Interpreter functioning of the courts in Program 5 emergencies; improving the management of cases involving Justice Teaching complex litigation; providing Institute 7 diversity and sensitivity Constitution Day 8 training for judges and court personnel; and standardizing Family Court jury instructions for business Conference 9 and contract disputes. Dispute Resolution Center Chief Justice Lewis’ goals also include securing greater ADA compliance Conference 10 in the courts; establishing a system for evaluating judges; continuing the implementation of unifi ed family court; and developing a statewide Interview with justice teaching program. The article on the Chief Justice’s initiatives Mike Bridenback 12 gives more detail on these critical endeavors. This issue of the DCA Conference 13 newsletter also includes articles on the work of court commissions, committees, and workgroups that will complement and carry out the Personnel Chief Justice’s goals. Conference 14 Please remember that the mission of the Full Court Press is to present Welcomes 15 information, to promote communication, and to create a kind of Turning Points 16 “meeting place” for all members of our state courts family. We look forward to hearing from you. The Library Nook 17 Sincerely, On the Horizon 18 Lisa G� dner FUll Court Press Fall 2006 to privacy and access to court records (Committee on Chief Justice Lewis’ Initiatives Access to Court Records; Implementation of the Report and Recommendations of the Committee on Privacy and Court Records; Interim Policy on Electronic Release of Court Records), and on families and children (Standing Committee on Families and Children in the Court; Task Force on Treatment- Based Drug Courts). In addition to these are many others, several of which invite particular attention and will be addressed in the following pages: two of these AOs create new committees; Photo by Phillip Pollock by Phillip Photo one creates a new board; and one renews and redirects a committee that was established in 2004 by the former chief, Justice Pariente. Because the process of selecting judges in Florida is “impacted by multiple sources and forms of information and at times is vulnerable to misdirection from the core value of a non-partisan, impartial judiciary”—and because “The need for proper evaluation is critical for public trust and confi dence in the administration of justice”—Chief Justice Lewis created the Committee on Judicial Evaluations Emphasizing the importance of “the team” as opposed to by AO on September 15, 2006. Chaired by Judge Peter D. the “me or I” in his closing remarks at the June 30 passing of Webster (First DCA), this 21-member committee consists the gavel ceremony, Chief Justice R. Fred Lewis articulated of eight judges, eight Florida Bar members, and fi ve lay his priorities for the next two years, many of which will members; Justice Quince is the Supreme Court liaison. The depend upon collaboration and cooperation among justice committee is responsible for studying “proper methods, system partners. Among his most pressing interests, he processes, elements, and systems of judicial evaluation” asserted, are an open and operational court system in and for providing “recommendations as to the creation of the face of whatever emergencies may occur, whether a proper system, process, and criteria for the evaluation weather-induced or virus-based; the continued application of judges.” As a result of the work of this committee, the of technology founded on “values-based judgment”; an people of Florida will have an equitable and sound basis improvement in the management of complex cases; greater for knowing who their judges are. The chief justice’s goal interaction between the bench and the bar; the standardization of jury instructions for business and contract disputes; continued implementation of unifi ed family court; a In creating the Select Committee on Justice mechanism for evaluating judges; a permanent, Teaching, the chief justice’s overarching goal statewide justice teaching initiative; statewide diversity and sensitivity training for judges and is to “promote an understanding of Florida’s court personnel; and greater ADA compliance justice system and our laws, develop critical in the courts. thinking abilities and problem solving skills, and It is not unusual to witness heightened judicial demonstrate to students the effective interaction activity within the fi rst few months of the of our courts within the constitutional structure.” passing of the gavel, for new chief justices invariably have weighty judicial concerns that they would like to see addressed during their two-year tenure. Not surprisingly, then, within three months of the gavel ceremony, Chief Justice is twofold: to keep unfi t judges off the bench but also to Lewis signed over 20 administrative orders (AOs), many protect from baseless attack those judges who do their of which deal with the issues he enumerated on June 30 jobs competently. (AOs are available online). Several focus on technology (the Appellate Court Technology Committee; the Florida Civics education is another of the chief’s passions. In his Courts Technology Commission), on technology as it relates passing of the gavel address, Chief Justice Lewis stressed 2 FUll Court Press Fall 2006 that the “cornerstone of the next two years will be justice teaching,” and he vowed to create a “permanent, The Standing Committee on statewide structure for reaching out to every school in Fairness & Diversity: Florida,” through which “We’re going to form the most comprehensive approach to support civic education that’s New Responsibilities ever been attempted.” Thus he established the Select Committee on Justice Teaching by AO on July 24, 2006. Justice requires that the court system be accessible The chief justice chairs this 30-member committee, to all, respect the dignity of every person, include which will work in conjunction with “attorneys, court judges and court staff that refl ect the community’s managers, superintendents, school districts, boards of diversity, and respond to the needs of all members education, teachers, school administrators, the Florida of society. Bias or other barriers to meaningful Law-Related Education Association, and other appropriate access can only result in unequal treatment which organizations” to advise the Court about the elements can give rise to injustice. The purpose of the necessary for successfully navigating educational programs Standing Committee on Fairness and Diversity about our legal system and to create fruitful collaborations is to advance the State Courts System’s efforts within each community among the courts, law-related to eliminate from court operations bias that is professionals, and the schools. The chief’s overarching based on race, gender, ethnicity, age, disability, goal is to “promote an understanding of Florida’s justice socioeconomic status, or any characteristic that is system and our laws, develop critical thinking abilities and without legal relevance. problem solving skills, and demonstrate to students the effective interaction of our courts within the constitutional So begins Chief Justice Lewis’ 2006 administrative order on structure.” the Standing Committee on Fairness and Diversity, which, in addition to re-directing some Finally, two other AOs of Chief Justice Lewis of the charges of the committee deserve special note: they pertain to the Court that former Chief Justice Pariente Interpreter Certifi cation Board, issued on engendered in November 2004, also September 22, 2006, which is responsible for adds some new ones. Judge Gill guiding the development of the Court Interpreter Freeman, Eleventh Judicial Circuit, Certifi cation and Regulation Program, recently will continue to serve as chair of authorized by the legislature; and to the the committee. Standing Committee on Fairness and Diversity, photo by Phillip Pollock Phillip by photo effective September 8, 2006, which addresses Three of the charges build upon tasks the chief’s drive for diversity and sensitivity that the committee began under the training for judges and court personnel as well 2004 administrative order. First, as for ADA compliance in the courts—specifi cally based on the recommendations in its with regard to facilities access. Background report, Promoting and Ensuring the on and the charges of both of these AOs are Diversity of Judicial Staff Attorneys detailed in the following two articles. and Law Clerks Within the Florida State Courts System (available online), the committee will begin implementing The linchpin of all Chief Justice Lewis’ initiatives will no strategies to improve the diversity of law clerks and staff doubt be the partnership-based, collaborative efforts of attorneys. everyone who is involved in the justice system—and, in many cases, as with the Justice Teaching Program, the Second, the committee will fi nish its outreach project on confederation will be considerably more far-ranging than perceptions of fairness in Florida’s courts. To gauge these that. And the reason for these widespread alliances? The perceptions, the committee surveyed over 5,000 judges, chief said it best himself: “We are all connected in our court staff, attorneys, jurors, litigants, and members of the search for visions of justice,” as he affi rmed in his passing public late last year; also, the committee held a two-day of the gavel address: “We pledge to work diligently together public hearing in Miami in January, and three more have so that justice is a reality for all of us.” been scheduled—in Tallahassee, Orlando, and Jacksonville (dates and times of these meetings are online).