Full Court Press Spring-Summer 2022

 

A Message from the State Courts Administrator

With fall right around the corner, I’m reminded that it has been a year since I joined the State Courts System in September 2021. As the saying goes, time flies when you’re having fun! I have had the opportunity to meet and work with countless amazing people.  Working together, we have attained many accomplishments and marked important milestones.

The 2022 session began in January and was a constant flurry of activities up until the closing 60 days later in March. As a result of the constant and diligent work of then Chief Justice Canady, the court legislative team comprised of seasoned judges from the Trial Court Budget Commission, the District Court of Appeal Budget Commission, the leaders from the judicial conferences, and OSCA staff, the Legislature authorized continued funding for the trial courts’ Pandemic Recovery Plan, support for trial court post-pandemic proceedings, second year funding for the appellate court case management system, a salary increase for trial court judges, establishment of a Supreme Court Fellows program, and funding for the implementation of an additional district court of appeal.

The summer months brought change to the Court. The justices of the Florida Supreme Court elected Carlos G. Muñiz as chief justice and he began his two-year term on July 1. The OSCA team and I are looking forward to continuing the great work of the State Courts System under his direction and leadership. More changes were initiated at the Supreme Court when Justice Lawson announced his retirement from the bench. We thank Justice Lawson for his service and commitment to the judiciary and wish him well in the next chapter of his life.  Justice Renatha Francis joined the Court on September 1, and we are excited to have the opportunity to work with her in her new capacity.

Reflecting on the past year as State Courts Administrator, I continue to be impressed by the resilience, integrity, and hard work of those who serve within the judicial system. From the members of the various commissions, committees, and workgroups, to the court officers and staff statewide, to those with whom I share my office in Tallahassee, I am truly grateful for the guidance, patience, and kindness extended to me.  I am excited to continue the work we do together: upholding the mission of the judicial branch.

 

Farewell, Justice Lawson

A true Floridian, born in Lakeland, Justice Charles Alan Lawson grew up in Tallahassee and lived in Orlando during his time as a judge. Justice Lawson announced his retirement from the Florida Supreme Court in April 2022. His service as a jurist includes serving six years on the bench of the Florida Supreme Court, eleven years on the bench of the Fifth District Court of Appeal, including a term as chief judge, and four years as a circuit judge in the Ninth Judicial Circuit.

Before he was appointed to serve as a part of Florida’s judiciary, his career included private practice as a civil litigation attorney and assistant county attorney for Orange County. He earned a Bachelor’s degree from Clemson University and a Juris Doctorate from Florida State University’s College of Law.

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Justice Lawson recalls his appointment to the Supreme Court with fondness. He was chief judge at the Fifth District Court of Appeal, and they were hosting the annual Thanksgiving luncheon. Justice Lawson received a call from Governor Rick Scott before the luncheon informing him he was being appointed to the bench and would need to be in Tallahassee the next day for the announcement. He called his wife to share the news and inform her they would be traveling to Tallahassee that day. During the gathering, Justice Lawson remembers being asked repeatedly by peers and court staff when he would hear about the appointment. It was a secret he had to keep, and when he quietly excused himself from the event, he darted home, prepared for the trip, and left for Tallahassee.

Justice Lawson’s judicial journey began after several years of practicing as a civil litigation attorney with the appointment to the Ninth Judicial Circuit bench where he was assigned to the criminal division. He has said that if he had been given a choice between the civil or criminal divisions, he would eagerly take the opportunity to learn something new and choose the criminal division. He maintained the drive for learning, diversifying his experience and expanding his knowledge throughout his judicial career.

Looking back on his time on the circuit bench, Justice Lawson stressed the importance of trial court judges to the justice system and the difficult job they perform. He maintains that managing high caseloads and interacting with numerous litigants in a human-to-human way is a unique and challenging, yet highly rewarding, experience. During an interview for this story, Justice Lawson grinned as he said that the memories of his time at the circuit court stay with him, and he recalls them often. 
After four years at the Ninth Circuit, Justice Lawson was elevated to the Fifth District Court of Appeal. He described the post as an “intellectual academic endeavor” focused on finding the “right answer” to legal problems. He brought the same enthusiasm for exploring the unknown at the trial court level to his role as an appellate jurist and described every surprise as “pleasant” when confronted with something new.

After that Thanksgiving celebration in 2016, District Court of Appeal Judge C. Alan Lawson was prepared to become Justice C. Alan Lawson. His Supreme Court investiture was held in January 2017, and he invited judges to join him in a robed procession, which is typical of investitures in other Florida courts. This gesture was an expression of his respect and appreciation for the judicial branch and how the various levels of court are interdependent.  He describes the role of a judicial officer as a unique part of our government, where those serving are “never divided in the mission” of upholding the law and ensuring the protection of the rights and liberties of the people of Florida.

Serving on the Supreme Court bench is an ongoing intellectual challenge defined by what Justice Lawson described as “the fun stuff.” His eyes lit up as he described encountering “brand new legal issues” without clear answers and “digging in and figuring out” a solution that upholds the law. He noted that seated at the front of the courtroom during high-profile cases, sometimes you “pinch yourself” when you realize, “wow, I get to do this.”

Justice Lawson recalled his time on the Supreme Court as one defined by his many professional interactions with justices and staff alike. He characterized his peers as “smart, dedicated colleagues” who are passionate about administering the law. One of his greatest joys of being on the state’s highest court was to “admire the genius of his colleagues.”

The opportunity to observe the rapid evolution of technology, especially with the increased use of remote communication technologies throughout the pandemic, is a privilege few have had the opportunity to experience. Justice Lawson reflected on the increasingly digital world and the distractions technology presents and said that the “best vacation I’ve had was a Grand Canyon hike.” As he descended into the Canyon with his family, he lost cell service. He was relieved not to receive notifications, emails, or text messages and thankful to spend uninterrupted time with his family.

Although getting a respite from the digital world can be a relief, Justice Lawson also noted that technology allows for “a lot to be gained” in an increasingly remote world. He observed that the advent of remote proceedings is a significant step toward increasing access to courts and court services. Of course, this access must be balanced with professionalism as remote technology rises.

While adjusting to oral arguments held using audiovisual communication technology during the height of the pandemic, Justice Lawson said there were positives and negatives, as there are with any operational change. He found that although participants weren’t physically present and he missed the energy of the courtroom, he could utilize “speaker mode” within the videoconferencing platform to only view the person addressing the Court instead of every participant simultaneously. That capability reduced the distractions and helped him focus his attention effectively. He recommends being intentional with time as it creates good habits and nurtures good mental health.

Justice Lawson has been a champion across the state for personal and mental health. He has given many presentations to lawyers on making health a priority and stresses its importance in interviews. He advises that one must balance personal health with professional life in order to perform optimally at work. Paraphrasing an adage, he remarked, “you create your habits, and your habits create you.” Noting that creating healthy habits can be challenging, Justice Lawson advises to start small and develop habits that you can work on with others.

When asked what advice he would give his younger self, Justice Lawson said: “Slow down a little.” He extended this advice to new judges, maintaining that a humble attitude helps avoid the easy adoption of bad habits and that “you don’t have to be the best right away.”

Justice Lawson reflected on the roles of judicial officers, court staff, and all those supporting the judicial branch and noted, with reverence, that “the objective is so clear,” and carrying out the mission of the judicial branch is a shared goal, unique to the institution of the judiciary.

When he announced his retirement in April 2022, Justice Lawson noted he looks forward to volunteering in South and Central America with his wife and is inviting others to join him and share those experiences.

As for the next chapter in his life, Justice Lawson said he “wants to be serving in a way that supports the constitution” and continue his “passion for the freedom under the rule of law and securing a nation for [his] children and grandchildren” as an individual citizen.

Welcome Justice Francis

Upon the retirement of Justice C. Alan Lawson (see article above), Governor Ron DeSantis appointed The Honorable Renatha S. Francis to the Supreme Court of Florida. She began her service on the Court on September 1, 2022.

Prior to joining the Supreme Court, Justice Francis served as a circuit judge for Florida’s Fifteenth Judicial Circuit in Palm Beach County and for the Eleventh Judicial Circuit in Miami-Dade County. She also served as a county court judge in Miami-Dade County before her initial appointment to the circuit bench in 2019 by Governor Ron DeSantis.

Justice Francis was born in Jamaica and was raised alongside her sister by their mother. She inherited the family businesses and managed them while attending the University of the West Indies. She graduated with honors and migrated to the United States to attend law school at Florida Coastal Law School in Jacksonville.  Upon graduation, Justice Francis began her legal career at the First District Court of Appeal in Tallahassee, where she served as a staff attorney to Judge Scott Makar, a central staff attorney, and a law clerk to Judge Peter Webster.

When asked her sentiments regarding her appointment to the Supreme Court, Justice Francis noted, “As a student of history, I continue to be in awe of this country’s respect for the rule of law and the freedoms guaranteed in the text of the United States Constitution. As a Supreme Court Justice, I will apply the law as written by the people’s duly elected representatives, knowing that I am a member of the judiciary in a system with separation of powers.”

We look forward to sharing a more in-depth interview with Justice Francis in the next edition of the Full Court Press.

Passing the Gavel

On June 29, Chief Justice Charles T. Canady “passed the gavel” to incoming Chief Justice Carlos G. Muñiz at an event held at the Supreme Court Building in Tallahassee. Justices, Supreme Court staff, and Office of the State Courts Administrator staff gathered in the rotunda to witness the change of leadership from one chief justice to the next, symbolized by Chief Justice Canady passing a large gavel to incoming Chief Justice Muñiz. The gavel, made from wood harvested in Florida, is used exclusively for this event.

The passing of the gavel is a 26-year-old tradition that honors the chief justice as they assume the role. Chief Justice Muñiz’s gathering reflected his leadership style by highlighting his humble commitment to Florida’s judiciary and those that comprise it.

“We have a special culture here, it’s a very warm, welcoming, supportive environment. Whatever I can do to continue that culture, and that spirit, and that tradition here, I want to do,” Muñiz said.

Justice Canady and Chief Justice Muñiz used the event to express their gratitude for the court staff and their invaluable role in the administration of the State Courts System.  “I think this may be the biggest gathering that we’ve had among the court family since we moved out of the pandemic,” Justice Canady said.

Chief Justice Muñiz began his term as chief justice on July 1, 2022. He was appointed to the court in 2019 by Governor Ron DeSantis and most recently served on the staff of Secretary Betsy DeVos as general counsel to the United States Department of Education. He also served as deputy attorney general and chief of staff to Attorney General Pam Bondi, as chief of staff and counsel in the Office of the Speaker of the Florida House of Representatives, and as deputy general counsel to Governor Jeb Bush. Chief Justice Muñiz graduated from the University of Virginia and received his Juris Doctorate from Yale Law School.

2022 Chief Justice Awards for Judicial Excellence

The Chief Justice Awards for Judicial Excellence, established in 2015, recognize one county court judge and one circuit judge who demonstrate exceptional commitment to the judicial branch and who personify judicial excellence, embodying qualities such as strength of character, integrity, fairness, open-mindedness, knowledge of the law, sound judgment, professional ethics, intellectual courage, compassion, and decisiveness.

Orange County Judge Tina L. Caraballo

Judge Tina L. Caraballo received the 2022 Chief Justice Award for Judicial Excellence to honor her remarkable commitment to improving the efficiency of Orange County courts throughout the COVID-19 pandemic. Chief Justice Carlos G. Muñiz presented the award on July 13, 2022, at the Annual Education Program of the Conference of County Court Judges. Chief Judge Lisa T. Munyon accepted the award on her behalf. Judge Caraballo is currently the administrative judge in Orange County and presides over the county civil division.

During the COVID pandemic, Judge Caraballo worked to streamline and improve court operations. She developed and executed a plan to commence pre-trial conferences virtually and redistributed the backlog of cases which dramatically reduced wait times – improving access to justice across the county. Additionally, she developed a case management system for small claims court which not only kept litigants apprised and informed about their case but ensured all litigants would be treated equally and fairly in every courtroom. Judge Caraballo also innovated county civil operations using new technology to conduct hybrid hearings so litigants and witnesses could appear in person or virtually.

Twentieth Circuit Judge Margaret O. Steinbeck

The Honorable Margaret O. Steinbeck received the 2022 Chief Justice Award for Judicial Excellence from Florida Supreme Court Chief Justice Carlos G. Muñiz Monday, on August 1, 2022, at the annual meeting of the Conference of Circuit Judges. Judge Steinbeck has served as a judge in Florida’s Twentieth Judicial Circuit since 1998.  She also serves as the Chair of the Trial Court Budget Commission.

“She is tirelessly dedicated to the needs of the trial courts, and she does all of this with humility and hard work,” Trial Court Budget Commission members noted in their nomination.

At the helm of the Trial Court Budget Commission during the COVID-19 pandemic, Judge Steinbeck collaborated intentionally with its members, hosted numerous meetings, and led with compassion as she pinpointed what the trial courts required to remain open and functioning. She identified the need for additional technology to facilitate remote hearings and telework, personal protective equipment to ensure the safety of court staff and visitors, and updated procedures to manage a shift in court functions. The Trial Court Budget Commission’s work resulted in several millions of dollars being allocated to trial courts to keep them operational and effectively manage caseloads.

Steinbeck’s leadership in times of crisis and her lasting impact on Florida’s trial courts made her nomination for the 2022 Chief Justice Award for Judicial Excellence one that enjoyed enthusiastic support from her peers, leaders, and family. 
Judge Steinbeck began her public service career in the United States Army in 1978. In 1990, Steinbeck left active duty and began practicing law. Her legal career included private practice and becoming Assistant United States District Attorney for the Middle District of Florida, before she was appointed to the Twentieth Judicial Circuit by Governor Jeb Bush in 1998. Judge Steinbeck went on to serve in every division in the circuit and every county except Collier.

The Second Judicial Circuit’s Trial Court Administrators

Grant Slayden has retired as trial court administrator for the Second Judicial Circuit and was honored for his more than three decades of exemplary contributions to the judicial branch.

His service was marked at a June 17 celebration. Mr. Slayden’s career spanned much more than his 21-year tenure as the trial court administrator in the Second Circuit. He spent three years as the deputy trial court administrator in the Eighth Judicial Circuit and eight years with the Office of the State Courts Administrator. He also retired with the rank of colonel after 32 years in the U.S. Army and the Florida Army National Guard.

“While performing his duties, he had his own unique style: full speed, multi-tasking the whole way, with all kinds of colorful graphs to make his point,” said retired Judge Charles A. Francis, who served as chief judge of the Second Circuit for a dozen years during Mr. Slayden’s time as trial court administrator.

Slayden was presented the Kenneth R. Palmer Award for Distinguished Excellence in Judicial Administration by the Florida Conference of Circuit Judges and the Trial Court Budget Commission, an award only given out four times before. Eleventh Circuit Judge Beatrice Butchko, chair of the Circuit Conference, and Twentieth Circuit Judge Margaret Steinbeck, chair of the Trial Court Budget Commission, presented the award.

“The judicial branch is so special, it’s a bulwark against our basic instincts, a protection against people just resorting to self-interest, it’s protection from the mob,” Slayden reflected on his years of service at the conclusion of the gathering. “It’s the only one of our three branches of government specifically designed to protect the individual and to protect our democracy. It’s a solemn calling.”

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Elizabeth Garber worked for the Second Judicial Circuit as budget services manager and director of administrative services for more than six years. She now serves as trial court administrator for the circuit, filling a vacancy created by the retirement of Grant Slayden. Chief Judge Jonathan Sjostrom appointed her to the post, and the concurrence of the county and circuit judges within the Second Judicial Circuit confirmed the appointment.

Before joining the Second Judicial Circuit, Ms. Garber worked in Budget Services at the Office of the State Courts Administrator.  Her experience also includes serving in the Governor’s Office of Policy and Budget and the Auditor General’s Office.  She earned a Bachelor of Science degree in Accounting from Florida State University and is a graduate of the Certified Public Manager program.

The Eleventh Judicial Circuit’s Trial Court Administrators

Sandra M. Lonergan retired in June from the Eleventh Judicial Circuit after nearly 40 years of service to the Miami-Dade courts, including 13 years as trial court administrator.

Ms. Lonergan began her career with the Miami-Dade courts, leading the creation of special projects in County Criminal Court. She spent a decade overseeing the court interpreter and translation department and 14 years as criminal operations director. During that time, Ms. Lonergan was responsible for ensuring all operations for the criminal division, where an average of 44,000 cases were heard yearly, ran smoothly.

Standing at the helm of the Administrative Office of the Courts in the Eleventh Judicial Circuit for 13 years, Ms. Lonergan consistently led with innovation and improving the courts in mind. She oversaw the opening of a Children’s Courthouse, a new Civil/Probate Courthouse, and the evolution and implementation of over a decade’s worth of technology. Her participation in prominent local, state, and national organizations and commissions resulted in a broad perspective of court administration that contributed to her leadership as she assisted the chief judge in successfully guiding the Eleventh Judicial Circuit through the pandemic.

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Deirdre Dunham, the Eleventh Circuit’s former chief personnel officer, succeeds Ms. Lonergan as trial court administrator. An attorney, she was in private practice specializing in labor and employment law prior to joining the court in 2002 as assistant general counsel and was appointed chief personnel officer in 2018.

Ms. Dunham was commended for her work assisting the court recover from the effects of the pandemic. She created systems to ensure the health and safety of court staff and visitors, including incident reporting and contact tracing, as well as the development of COVID-19-related leave policies.

Trial court administrators are appointed by the chief judge of a circuit and subject to a majority concurrence of circuit and county court judges. After a nationwide search for the best candidate, Ms. Dunham was selected for the position. Chief Judge Nushin G. Sayfie stated “Ms. Dunham isn’t just an excellent choice — she is the best choice for the Eleventh Judicial Circuit … I am excited for the future of the Eleventh Circuit under her vision and dedication.”

The Supreme Court Says Farewell to its Director of Public Information

After devoting 35 years to the citizens of Florida, Craig Waters, director of public information for the Florida Supreme Court, retired in February 2022.

Craig Waters was a champion for accessibility and a leader in reconstructing the court’s public perception. He demystified court events for the public by providing access to cases like Bush v. Gore through live-streamed court proceedings on the Florida Supreme Court’s website. Through innovation, he helped transform the judicial branch into an accessible institution.

As director of the Florida Supreme Court’s public information office, he founded Florida Court Public Information Officers, Inc., creating a communication network among courts across the state that is committed to transparency with the public.

“Craig will leave behind an unparalleled legacy,” reflects his successor, Paul Flemming. “I intend to … build on his successes and always advocate for clear and open information about Florida’s courts.”

Upon his retirement, Mr. Waters received the Susan Spencer-Wendel Lifetime Achievement Award from The Florida Bar Media and Communications Law Committee and the Lifetime Achievement Award from the Florida Court Public Information Officers. Florida Court Public Information Officers, Inc. renamed the award after Mr. Waters to honor his unwavering commitment and leadership in court communication, rendering the award the Robert Craig Waters Lifetime Achievement Award.

A Uniform Case Reporting Success Story

The Uniform Case Reporting project provides the courts and the public with a timely perspective on how the judicial branch is performing, renders case management more efficient, and improves the allocation of resources.  
Collier County Clerk of Court Crystal K. Kinzel led her staff to the full implementation of Uniform Case Reporting in select divisions, providing court data in near real-time. Then-Chief Justice Canady commended Clerk Kinzel and her staff for their commitment to this critical project.

“The Uniform Case Reporting system initiative represents a significant modernization in the way Florida’s trial courts collect and analyze case information. Clerk Kinzel’s efforts in Collier County … [are] a significant first step toward enabling the judicial branch to better assess performance and determine resource needs.”

Clerks statewide continue to collaborate with Office of the State Courts Administrator staff to transition to Uniform Case Reporting through two phases. Phase I focuses on the ability to exchange data between the Office of the State Courts Administrator and the clerks. Phase II centers on data analysis and verification among all involved entities. Many clerks have completed Phase I, and several are actively working to validate data in at least one division.

The Florida Courts website hosts an interactive map illustrating statewide Uniform Case Reporting progress by county. 
Congratulations to Clerk Kinzel!

Remote Proceedings are Here to Stay

In March 2020, Chief Justice Canady issued an administrative order ( AOSC20-12), directing the judicial branch to take mitigating measures to address the effects of the COVID-19 outbreak on the courts. These mitigating measures included the use of technology, electronic documents, electronic communications, and other electronic means of conducting court business. Due to the judicial branch’s existing technological infrastructure, the state court system seamlessly transitioned to conducting as many court proceedings remotely as authorized by law.

Throughout the pandemic, Chief Justice Canady issued a series of administrative orders specifying public health and safety precautions and emergency measures to mitigate the effects of the pandemic. Among the first of these safety measures was the suspension of all rules of procedure, court orders, and opinions applicable to court proceedings that limited or prohibited the use of communication equipment for conducting court proceedings by remote electronic means.

In April 2020, Chief Justice Canady established the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 to assess the impact of the COVID-19 pandemic and provide recommendations to keep the courts operating safely for court attendees, staff, and officers. As one of its many charges, the Workgroup was tasked with identifying proceedings that may continue to be conducted remotely when COVID-19 no longer presents a significant risk to public health and safety. The Workgroup was further authorized to recommend rule amendments to implement its recommendations.

Based on the positive outcomes and efficiencies of remote proceedings observed during the pandemic, the Workgroup determined that permanent, broader authorization of remote proceedings should be considered. The Workgroup also determined that greater subject matter expertise was needed to address rule amendments in the areas of delinquency, dependency, and family law. To address this need, Chief Justice Canady referred the responsibility for these three areas to the Steering Committee on Family and Children in the Court.

The Workgroup and Steering Committee both filed petitions recommending amendments to more than 60 rules of procedure to authorize the use of communication technology in certain court proceedings. The Court published the proposed amendments for comment in The Florida Bar News.

In all, more than 120 comments were received, and, upon review, the Workgroup and Steering Committee modified and resubmitted some of their proposals for the Court’s consideration.

The Court reviewed the modified proposals and comments, and in its opinion issued on July 14, 2022, accepted many of the Workgroup’s and Steering Committee’s recommendations. The amendments are set forth in Supreme Court case numbers SC21-990 and SC22-1. Some of the significant rule changes include:

• authorizing most court proceedings to be conducted through communication technology, if approved by the court; 
• authorizing oaths to be administered through audio-video communication technology under certain circumstances;
• requiring non-represented parties to accept service of court documents by e-mail unless the party is in custody or is excused from doing so; 
• creating new forms for non-represented parties to request to be excused from e-mail service, to designate an e-mail address, and to change a mailing address or e-mail address; 
• authorizing prospective jurors to participate in voir dire and empaneled jurors to participate in civil trials through audio-video communication technology, if approved by the parties and the court; and
• authorizing mediation and arbitration to be conducted through communication technology under certain circumstances.

Based on the rule changes, which take effect October 1, 2022, remote proceedings will continue and will afford increased access to justice in many divisions. The amendments will increase the convenience for litigants who will no longer need to take extended time off work, locate transportation, or find childcare to attend a court proceeding. Remote proceedings will also expand access to courts for witnesses, victims, experts, and other court stakeholders who live in remote locations.

Reducing Vexatious Litigation Would Lighten the Burden on All

Vexatious and sham litigation is burdensome, abuses the judicial process, and wastes limited court resources. The results can be increased workloads for judges, court and clerk staff, and attorneys, and unwarranted costs for defendants.

Chief Justice Charles T. Canady established the Workgroup on Sanctions for Vexatious and Sham Litigation in December 2021 to address this issue for noncriminal cases. The Workgroup, comprised of appellate, circuit, and county judges, and a court clerk, was tasked with reviewing existing rule and statutory provisions and developing recommendations to address such improper litigation effectively.

The administrative order describes vexatious and sham litigation in noncriminal cases as:

Legal proceedings that are unwarranted, frivolous, inherently false, without good cause, or filed solely to harass the opposing party; are burdensome and costly for the defendant; and abuse the judicial process and waste limited court resources.

The Workgroup was also tasked with surveying judges, court staff, and clerks on the use of existing legal provisions and on the challenges they encounter in using them. Finally, the Workgroup was directed to recommend any rule or statutory amendments that may be warranted to address vexatious or sham litigation in noncriminal cases more effectively.

The survey results helped the Workgroup understand the effect of improper litigation on the workload of judges and court staff in noncriminal cases. While only 3.1% of the district court of appeal judges surveyed indicated that more than 10% of their workload is attributable to improper litigation, nearly 20% of circuit judges and 14% of county court judges reported that improper litigation comprises more than 10% of their workload. These percentages jumped for judicial assistants, with almost 25% of circuit and county judges estimating that improper litigation comprises more than 10% of their judicial assistants’ workloads.

The survey responses also revealed that improper litigation primarily affects circuit courts in foreclosure and pro se family law cases and primarily affects county courts in landlord/tenant, small claims, and personal injury protection cases. Because of the increased impact on circuit and county courts, the Workgroup’s report principally focused on recommendations for the trial courts.

After an analysis of the many existing rule and statutory provisions, the Workgroup concluded that a multitude of legal tools exist to address improper litigation; however, the workgroup found that these tools are difficult to use because they are interspersed throughout many chapters of law and procedure and frequently use inconsistent terminology and provide different procedures and remedies to address the same or similar types of improper litigation.

Based on the survey results and the complex legal backdrop, the Workgroup organized its recommendations into four categories, stressing education as its foremost suggestion. The four categories, along with summaries of some of the proposed recommendations, are:

• Education: 
  • Develop education programs for trial court judges, court staff, clerk staff, and attorneys regarding the various tools available to address improper litigation and provide best practices for use.
• Operational Changes: 
  • Develop modifications for the Florida Courts E-filing Portal that will facilitate the designation of filings as emergencies in appropriate circumstances only. 
  • Create processes to ensure the rejection of filings from pro se litigants who are subject to court orders prohibiting such filings.
  • Maintain a readily available list of vexatious litigants for judges, clerks, litigants, and attorneys statewide.
• Potential Rule Amendments
  • Refer the review of rules addressing motions to strike improper matters to the appropriate Bar rules committees to determine whether sanctions for the filing of such matter should be authorized. 
• Potential Statutory Amendments
  • Create a public records exemption for scandalous, sham, or other improper matter stricken from a filing if the matter might defame or harm a litigant or third party.
  • Expand the Vexatious Litigant Law to address a broader population of vexatious litigants.
  • Consolidate the various statutes addressing improper litigation to make them more accessible for users and ensure consistency.

The proposed recommendations, if implemented, could streamline court proceedings and reduce the volume of vexatious, sham, and otherwise improper cases impacting the judicial system, thus enabling courts, attorneys, and litigants to focus on legitimate cases.

Florida Welcomes a New District Court of Appeal

Following the 2022 legislative session, Governor Ron DeSantis signed House Bill 7027, which authorizes a Sixth District Court of Appeal. The law also realigns the boundaries of three existing districts by moving four judicial circuits from one district to another. The Sixth District Court of Appeal will be composed of the Ninth, Tenth, and Twentieth Judicial Circuits. The court will be headquartered in Lakeland, Florida. The Second District Court of Appeal, the neighboring district, ultimately will be headquartered in Pinellas County but will operate from Tampa pending completion of a courthouse in St. Petersburg.

Then Chief Justice Charles Canady appointed current Fifth District Court of Appeal Judge Meredith L. Sasso as the Interim Chief Administrative Officer for the Sixth District Court of Appeal to oversee the various administrative and fiscal steps involved in establishing the new court.

Then Chief Justice Canady also established the Workgroup on the Implementation of an Additional District Court of Appeal to help ensure the new district court is functioning by January 1, 2023. His administrative order tasked the Workgroup with submitting a preliminary list of operational issues that would need to be addressed and a recommended timeline for completion of critical operational activities. The administrative order set a deadline of November 30, 2022, for any recommendations that require action from the Supreme Court.

The June 7, 2022, administrative order appoints Judge Sasso as chair of the Workgroup. Other members of the workgroup are:

• Mr. Daniel DiGiacomo, Appellate Court Marshal;
• The Honorable Brian D. Lambert, Appellate Judge;
• The Honorable Robert Morris, Appellate Judge;
• Ms. Kristina Samuels, Appellate Court Clerk;
• The Honorable John K. Stargel, Appellate Judge; and
• The Honorable Dan Traver, Appellate Judge.

Ex officio non-voting members of the workgroup are:

• The Honorable Jonathan D. Gerber, Chair, Legislative Committee, Florida Conference of District Court of Appeal Judges;
• The Honorable Stevan Northcutt, Chair, Appellate Court Technology Committee; and
• The Honorable L. Clayton Roberts, Chair, District Court of Appeal Budget Commission.

The Workgroup, judges and court staff from the affected districts, and staff of the Office of the State Courts Administrator are working cooperatively to address the myriad issues involved in implementing the new law – including case transition and transfer, human resources, technology, facilities, administrative services, and communications. In addition, former State Courts Administrator, Lisa Kiel, is bringing her vast court system experience to the project, serving as a consultant to the Sixth District Court of Appeal on numerous planning and implementation matters.

Charles R. Crawford, the current marshal of the Fifth District Court of Appeal, was selected to serve as acting marshal for the Sixth District Court of Appeal. Marshal Crawford served as marshal in the Fifth District for ten years and has an extensive background in law enforcement. Marshal Crawford will be responsible for the executive oversight and management of all nonjudicial operations at the court.

The creation of a new district court also affects the circuits that comprise the First, Second, and Fifth appellate districts. There are no changes or realignments affecting the circuits comprising the Third and Fourth district courts of appeal. The changes are effective January 1, 2023. The new circuit distribution is shown in the map below and is as follows:

• The First District will be composed of the First, Second, Third, Eighth, and Fourteenth judicial circuits;
• The Second District will be composed of the Sixth, Twelfth, and Thirteenth judicial circuits;
• The Fifth District will be composed of the Fourth, Fifth, Seventh, and Eighteenth judicial circuits; and
• The Sixth District will be composed of the Ninth, Tenth, and Twentieth judicial circuits. 

The new law provides for judges in districts affected by the realignment of boundaries to serve on the court that matches their county of residence. In addition, the law authorizes seven new judgeships to address the anticipated workload needs of the Sixth and Fifth districts.

Nine judges will serve on the Sixth District Court of Appeal, with five of those transitioning from the Fifth District and one from the Second District. The governor will appoint the remaining three judges to the Sixth District Court of Appeal.

Twelve judges will serve on the Fifth District Court of Appeal, with six existing judges remaining with the court, two judges transitioning from the First District, and the governor appointing four new judges.

To help communicate the details of establishing the new district court with litigants, practitioners, and justice system partners, representatives of the Workgroup have participated in online information sessions.  Information about these and future events as well as regular updates regarding the implementation of the Sixth District Court of Appeal are available on the Florida Courts website.

Turning Points

Awards and Honors

Judge Lauren Brodie
Twentieth Judicial Circuit
Hoeveler Judicial Professionalism Award

Collier County Adult Felony Drug Court 
National Association of Drug Court Professionals
National Mentor Treatment Court

Judge James R. Thompson
Twentieth Judicial Circuit
Liberty Bell Award
Judge Archie Hayward

Twentieth Judicial Circuit
2021 Lee County Bar Association Pro Bono Mentorship “Gold Partner” Award

Judge Josephine Gagliardi
Twentieth Judicial Circuit
Honored by the Lee County Association for Women Lawyers

Amy Kinsey, Lee County’s Criminal Division Director
Lee County Court
2021 Florida Corrections Accreditation’s Distinguished Service Award

Judge Luis Calderon
Ninth Judicial Circuit
Hispanic Bar Association of Central Florida’s Jurist of the Year

Judge Gisela Laurent
Ninth Judicial Circuit 
Hispanic Bar Association of Central Florida’s Jurist of the Year

Judge John Jordan
Ninth Judicial Circuit 
Appointed as Business Court Representative to the Business Law Section of the American Bar Association

Chief Judge Anthony Rondalino
Sixth Judicial Circuit
Florida Chapter of the American Board of Trial Advocates’ Jurist of the Year Award 

Retirements

Judge Wayne Shoemaker 
Orange County Court, 1999-2022

Judge Bob LeBlanc
Ninth Judicial Circuit Court, 2007-2022

Judge Kimberly Bonner
Sarasota County Court, 2002-2013, Twelfth Judicial Circuit Court, 2013-2022

Judge Joseph Marx
Palm Beach County Court, 2003-2009, Fifteenth Judicial Circuit Court, 2009-2022

Judge Leonard Hanser
Palm Beach County Court, 2009-2022

In Memoriam

Retired Judge Lawrence Martin
Twentieth Judicial Circuit Court, 2003-2009

Retired Judge Ted Brousseau
Twentieth Judicial Circuit Court, 1978-2005

Retired Judge Robert V. Parker
Palm Beach County Court, 1977-1999

Retired Judge Mark Eissey
Palm Beach County Court, 2005-2022

Retired Judge T. Michael Johnson
Fifth Judicial Circuit Court, 1995-2011

Retired Judge William Bollinger
Palm Beach County Court, 1987-2006

Judge Janis Brustares Keyser
Palm Beach County Court, 2006-2011, Fifteenth Judicial Circuit Court, 2011-2022

Appointments and Investitures

Judge Craig McCarthy
Ninth Judicial Circuit Court

Judge Kyle Cohen
Twentieth Judicial Circuit

Judge Gilberto Perez
Twentieth Judicial Circuit

Judge Nicole Mirra
Twentieth Judicial Circuit

Judge Erik Leontiev
Twentieth Judicial Circuit

Judge Michael J. Snure
Ninth Judicial Circuit

Judge Brian S. Sandor
Ninth Judicial Circuit

Judge April Bristow
Fifteenth Judicial Circuit

Judge Lauren Burke
Palm Beach County Court

Judge James Sherman
Palm Beach County Court

Judge Darren Shull
Fifteenth Judicial Circuit

Judge Sarah J. Jones
Lake County Court

Judge Jason J. Nimeth
Fifth Judicial Circuit

Judge Kristie M. Healis
Fifth Judicial Circuit