A judicial panel has recommended expanding the number of appellate court districts in Florida from five to six as a way to improve public perceptions of the judiciary and encourage more diversity on the bench.
The District Court of Appeal Workload and Jurisdiction Assessment Committee completed its report Sept. 30, with a majority of its members recommending the creation of a sixth court of appeal district in the Tampa area, which is currently in the Second District.
Under the plan, the Second, Fifth and First districts would be reconfigured, but the southernmost Third District, including Miami, and the Fourth District, which includes Broward County, would remain intact.
Although the state population has risen since the number of appellate districts was last studied in 2006, the panel members based their decision to add a new district more on a need to boost public trust in court operations, as well as providing more opportunities to attract a more diverse group of applicants to the bench.
“Of more concern to some members were noted opportunities, based on the survey responses and their own experience, judgment and outreach, for improvement within the criteria of access to appellate review, professionalism and, in particular, public trust and confidence,” the report states.
Five of the 15 members of the panel favored maintaining the existing number of court districts. They concluded that the state’s increase in population doesn’t argue for an increase in districts, since appellate court filings have been on a downward trend over the past five years.
“The report has not yet been considered or acted upon by the Supreme Court of Florida,” Paul Flemming, spokesman for the Office of the State Courts Administrator, told the Florida Record in an email.
Flemming also pointed to a section of the Florida Constitution that shows how the new plan could eventually be reviewed and approved by the state legislature.
“If the Supreme Court finds that a need exists for increasing or decreasing the number of judges or increasing, decreasing or redefining appellate districts and judicial circuits, it shall, prior to the next regular session of the legislature, certify to the legislature its findings and recommendations concerning such need,” the constitution states.
Once that happens, lawmakers can accept or reject all or part of the recommendations. Under the current plan, additional state funds may be needed to provide a courthouse location in the new appellate district, as well as additional support staff, according to the report.
A new district would also help the state prepare for future population increases and create a more effective working environment for judges, according to the report.
“Although there is not a ‘magic’ size for a court, having additional DCAs with potentially fewer judges on each court would contribute to effectiveness by promoting collegiality among the judges and promote consistency in opinions and the expediting of appropriate cases,” the report says.