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July 29, 2010 |
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| February 08, 2010 |
By: Jordana Mishory |
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espite a lower-than-normal output, the newly configured Florida Supreme Court decided some high-profile cases over the past year. Below are several important decisions reached by the high court in 2009.
Case: Robert J. Pleus Jr. v. Charles J. Crist Jr., Governor
Case no.: SC09-565
Ruling: The justices unanimously ruled Gov. Charlie Crist does not have the power to reject a slate of finalists selected by a judicial nominating commission. The state Constitution gives the governor only 60 days to make an appointment from commission selections.
Impact: The high court’s July decision forced Crist to appoint a replacement for retired 5th DCA Judge Robert Pleus. Crist refused to chose from among six white finalists supplied by the JNC, citing a need for diversity.
Despite his reasoning, Crist skipped over two female finalists to appoint a white male, Brevard Circuit Judge Bruce Jacobus, to a court that has had only two women in its history — the latest one named 20 years ago.
The ruling helped preserve the judicial selection process and reinforced the idea that the commissions were designed to “take the judiciary out of the field of political patronage and provide a method of checking the qualifications” of judicial candidates.
Although Crist appointed four of the seven justices, all ruled against him.
Pleus v. Crist: http://www.floridasupremecourt.org/decisions/2009/sc09-565.pdf
Case: In re: Final report and recommendations on residential mortgage foreclosure cases
Case no.: AOSC09-54
Ruling: In an administrative order based on recommendations from a 15-member task force, Chief Justice Peggy Quince called for all foreclosure cases involving residential homestead properties to be referred to mediation. A lender representative with authority to settle must attend in person or on the phone.
Mediation can be waived if there was pre-suit mediation, the parties agree or the borrower waives mediation. The ruling will be implemented at the circuit level by chief judges.
Impact: The rule deals with nearly 456,000 pending foreclosure cases statewide. Mediation was mandated to address a lack of communication blamed on lender bureaucracies. Costs go up for lenders, which must pay up to $750 per case.
Mortgage foreclosure: http://www.floridasupremecourt.org/pub_info/documents/AOSC09-54_Foreclosures.pdf
Case: In re: Amendments to the Florida Rules of Juvenile Procedure
Case no.: SC09-141
Ruling: The Florida Supreme Court has banned the widespread practice of shackling juvenile defendants in courtrooms, saying it violated their due process rights and calling it “repugnant, degrading, humiliating and contrary to the stated primary purposes of the juvenile justice system.” The rule change allows juveniles to be placed in handcuffs, chains, irons or straightjackets only if the court finds it necessary to prevent physical harm or escape or the defendant has a history of disruptive behavior. Justice Charles Canady dissented, saying it restricts a judge’s ability to ensure safety.
Impact: The 6-1 decision took effect Jan. 1. Previously, children were shackled by the wrists and ankles with belly chains and bound to furniture or to each other, regardless of age or offense. Public defenders and other child advocates hope the new rule will prevent embarrassment and the lasting effects of being paraded in chains.
The decision spurred Broward Chief Circuit Judge Victor Tobin to plan an administrative order barring shackled juveniles and adults from being paraded through courthouse hallways.
In re rules of Juvenile procedure: http://www.floridasupremecourt.org/decisions/2009/sc09-141.pdf
Case: In re: Amendments to the Florida Rules of Judicial Administration and the Florida Rules of Appellate Procedure
Case no.: SC08-1658
Ruling: The justices unanimously rejected a proposal requiring chief judges to review audio recordings of court proceedings before releasing them to the public. The justices ruled the review advocated by the judge-heavy Commission on Trial Court Performance and Accountability would be “contrary to Florida’s well-established public policy of government in the sunshine.”
The commission proposed the rule, fearing courtroom microphones could pick up confidential conversations. The rule was part of a package of proposed amendments dealing with court reporting issues; the justices adopted a majority of the other suggestions.
The rule requires notification that electronic recording equipment is being used and advises attorneys to take all reasonable precautions to prevent side conversations from being recorded.
Impact: The decision appeased free speech advocates, who claimed the proposal denied access to otherwise open hearings. Judicial review could have strained the limited resources of chief judges.
In re: amendments… rules of appeallate procedure : http://www.floridasupremecourt.org/decisions/2009/sc08-1658.pdf
Case: Liberty Counsel, et al., v. The Florida Bar Board of Governors, et al.
Case no.: SC09-363
Ruling: The justices denied a conservative legal group’s petition to prevent a Florida Bar section from filing a friend-of-the-court brief in a politically charged case. Liberty Counsel argued its First Amendment rights would be violated if the mandatory-membership Bar allowed the family law section to file a brief opposing the state’s gay adoption ban. The Maitland-based group also argued The Bar violated its own policies by allowing the brief.
The 5-2 majority rejected Liberty Counsel’s arguments, noting membership in the section is voluntary and sections are not funded with compulsory dues. In dissent, two justices said The Bar “failed to comply with its policies.”
Impact: Voluntary sections retained the ability to advocate on issues when The Bar cannot. The majority also emphasized the high court will not “micromanage” The Bar unless it clearly oversteps its authority.
The family law section filed a brief with the 3rd District Court of Appeal, and a decision on the constitutionality of the law is pending. The U.S. Supreme Court declined to review Liberty Counsel’s appeal.
Liberty counsel v. Florida Bar: http://www.floridasupremecourt.org/decisions/2009/sc09-363.pdf
Case: Kurt S. Browning, etc., et al. v. Florida Hometown Democracy Inc. PAC, et al.
Case no.: SC08-884
Ruling: In a 4-2 order, the court struck down a law allowing voters to remove their signatures from petitions to place constitutional amendments on the state ballot. The 2007 law gave ballot signers a 150-day removal window.
The three-paragraph order affirmed the lower court ruling without explanation. The 1st District Court of Appeal said the law burdens the initiative process, and the Legislature should draft a constitutional amendment if it wanted the option of signature revocation.
Impact: Hometown Democracy moved ahead to get its initiative on the November ballot. Amendment 4 would require voter approval for all land-use changes. Developers and business groups fear the law could slow growth.
The court issued its decision on an expedited basis. Otherwise, initiative signatures from more than four years ago would start to expire. The court promised a full opinion, which is still pending.
Kurt Browning v. Hometown democracy: http://www.floridasupremecourt.org/pub_info/summaries/briefs/08/08-884/Filed_06-17-2009_Order.pdf
In 2009, the Florida Supreme Court also:
Permanently disbarred Fort Lauderdale lawyer and fraudster Scott Rothstein as allegations surfaced that he orchestrated a $1.2 billion Ponzi scheme at his law office.
Upheld the constitutionality of a 2005 ethics reform law banning lobbyists from giving gifts to state lawmakers and requiring them to disclose compensation from clients.
Adopted new jury instructions to reduce confusion when jurors are asked to recommend a sentence of either life or death, emphasizing jurors in death penalty cases are “neither compelled nor required to recommend death.”
Adopted electronic access standards as the groundwork for a statewide Internet court portal.
Ruled school boards do not have to give two week’s notice before terminating a charter school contract in an emergency.
Paved the way for a retrial for death row inmate Omar Loureiro after allegations surfaced that his Broward judge and prosecutor joked about his case out of court during his 2007 murder trial.
Publicly reprimanded Broward Circuit Judge Cheryl Aleman for misconduct, telling her she fundamentally damaged the public’s trust in the state court system.
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