Sunday, January 2, 2011

Florida Supreme Court Issues Order To Show Cause Relating To Assignment Of Judges In Orange County

On December 21, 2010, the Florida Supreme Court issued an order to show cause directing the Circuit Court for the Ninth Judicial Circuit to explain the legality of judicial assignment orders entered by the circuit court.  The Supreme Court's order states:
Petitioner has filed a petition for prohibition. The Circuit Court for the Ninth Judicial Circuit is requested to serve a response to the above-referenced petition on on or before January 6, 2011, pursuant to Florida Rule of Appellate Procedure 9.100(e)(3). The circuit court shall discuss/address how Administrative Order 2007-03-17 and its successors are in compliance with the Court's rule on the limitations of judicial assignments made by the chief judge of the circuit court. See Wild v. Dozier, 672 So. 2d 16 (Fla. 1996); Holsman v. Cohen, 667 So. 2d 769 (Fla. 1996). The petitioner may serve his reply on or before January 18, 2011.
The administrative order at issue assigned each of the Circuit Court judges to hear County Court cases and each of the County Court judges to hear Circuit Court cases.  The order can be viewed HERE and as amended HERE, HERE and HERE.  Unfortunately, the briefs are not available on the Florida Supreme Court's website at this time.  

The Orlando Sentinel has an article about the order HERE.  Jeff Weiner wrote the article for the Orlando Sentinel and indicated the dispute relates to whether an Orange County Circuit Court Judge has jurisdiction to preside over political consultant Doug Guetzloe's campaign flyer case which is pending in the County Court.


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