The Florida Supreme Court has recently proposed the establishment of a sixth appellate district realigning of the borders of the First, Second and Fifth Appellate Districts, according to a report by the Florida Bar.
According to the Florida Supreme Court, the additional district would help to “significantly improve the judicial process.”
"The decision to make changes to the number and boundaries of appellate districts, as well as the number of judges, must be enacted and funded by the Legislature," Paul Flemming, public information officer for the Office of the State Courts told the Florida Record. "The court’s opinion reflects its certification of judicial need to the Legislature, as called for in the constitution. That’s the court’s recommendation. It is the Legislature that must act to make it so, as it chooses."
If approved by the Legislature, this would be Florida's first new district court of appeals since 1979. Under the proposal, the six district courts would include 13 judges for the First District, 10 judges for the Second District and Third Districts, 12 judges for the Fourth and Fifth Districts and 13 for the Sixth District.
The majority opinion, issued by Chief Justice Charles Canady and Justices Jorge Labarga, Alan Lawson, Carlos Muiz, John Couriel and Jamie Grosshans on Nov. 24, states that rule considerations affecting public trust are "largely subjective."
Additionally, the majority opinion incorporates recommendations provided by the Supreme Court-appointed District Court of Appeal Workload and Jurisdiction Assessment Committee in May.
“We agree with the Committee’s conclusion that public trust and confidence will be enhanced by the creation of a sixth district court,” the justices wrote.
Justice Ricky Polston, who authored the only opposing opinion, argued that the majority opinion endorses a committee recommendation "that is not supported by any of the five DCA chief justices or any district court of appeal judge" on the committee and that "no changes are justified."
The majority opinion also recognizes that district court workloads are projected to increase when courts return to more regular operations after the COVID-19 outbreak.