NCJ Number
74458
Date Published
1980
Length
16 pages
Annotation
This paper examines the ramifications of adoption of an amendment to article 5 of Florida's Constitution; the amendment redefined juridsiction of the Florida Supreme Court, are discussed.
Abstract
Properly understood and implemented, the 1980 amendment offers the potential for an effective and expeditious appellate system geared to the uniqueness of Florida's judiciary. Need for reform became obvious in the late 1970's, after internal efforts to cope with the court's rising caseload proved insufficient. In response to the problem, a commission was created in 1978 to analyze the court's categories of jurisdiction and to propose a solution. The resultant Senate Joint Resolution 714 was introduced as a constitutional amendment in April 1979. The proposal limited the categories of mandatory review to death penalty cases, bond validation proceedings, and district court decisions expressly passing on the validity of a statute. The Board of Governors of the Florida bar failed to support the proposal, and a jurisdictional amendment was not passed until March 1980. The amendment provides for a State supreme court having constitutionally limited discretionary review of the intermediate appellate court decisions, finality of decisions in the district courts of appeal, and use of the district courts for the initial review of all court orders and judgments other than the death penalty. It is concluded that district court judges have been given more responsibility under the constitution for the finality of decisions and for the control of cases that might go to the supreme court for review. In addition, the district courts would appear to be candidates for more rehearing petitions. Additional and revised appellate rules will be necessary to govern the procedures by which cases come to the supreme court and are considered in the district courts. This paper is part of a collection of narratives published by the National Center for State Courts.