Girls State Representatives Come to the Court

Seven justices were part of a small group that filtered into the Florida Supreme Court Library on Tuesday, June 13. Normally, that would not be all that unusual for any given day at the Court, but on this occasion, all seven were young women. They represented high schools from around Florida, and they were in Tallahassee as part of a week-long Girls State visit to the Capitol.

The “real” woman Chief Justice of the Florida Supreme Court, Barbara J. Pariente, welcomed them a few minutes later. “I am so glad to see all of you here today—your participation in Girls State shows your willingness to be knowledgeable of and active in the governmental and judicial process in Florida.” The Chief said that recent national polls showed that many adults could not cite the three branches of government, so important to the separation of powers.

Those who are participating in the two-day Judicial Branch activities at the Court are representative of a much larger group of young women who have been selected to attend Girls State activities that began late last week.

Any concerns that the Chief Justice might have had about this particular segment of the population not understanding the importance of the three branches of government are being dispelled as they prepare for a June 14 mock oral argument in the courtroom; for this, the Girls State students will role-play the parts of justices and attorneys (they vied for these positions by an elective process from within their Girls State ranks), and they will hear a case and make a judgment.

Rebecca Barstein, who will be a senior at Jupiter High School, was elected Chief Justice from approximately forty other Girls State students. When asked why she chose this role, she said, “I recently competed in the state-wide moot court competition. Advocating as an attorney was very interesting, so I thought being a justice would allow me to see the process from the other side.”

Judicial Branch Planning Workshop

The Judicial Branch Planning Workshop, organized to help delineate future branch goals and strategies, was held in Orlando, May 18-19. Mimicking the upcoming Supreme Court Passing of the Gavel ceremony and a change in chief judicial officer in Florida, Chief Justice Barbara Pariente welcomed attendees, while Chief Justice-Elect R. Fred Lewis closed the ceremony.

Within two weeks of becoming chief justice, Pariente, by Administrative Order, created the Task Force on Judicial Branch Planning.  Among other things, the task force was responsible for proposing a strategy for reviewing and updating the long-range plan—a plan that will guide the courts over the next six to eight years. The two-day Judicial Branch Planning Workshop—which was an offshoot of the work of the task force—had two purposes: to reassess the branch’s strategic plan, and, after deliberations about the ways in which social, economic, and political trends may affect the courts over the next decade, to make recommendations for updating the strategic plan.  In perhaps her term’s final outreach gesture—one of so many of the auspicious gatherings of state and community partners that she has inspired over the last few years—Chief Justice Pariente successfully drew together a wide spectrum of participants to initiate the planning process that will guide her successors as they take the helm and assume the leadership role for the judicial branch.

In her opening remarks, Chief Justice Pariente reminisced about her participation in the 21st Century Justice Project, a 1993 judicial branch endeavor similar in focus to the Orlando meeting. She said, “Not only was the planning initiative focused on the future, but it included a component called ‘visioning.’ This process was an effort to define the ‘preferred’ future; which meant that we had to actually be involved in shaping it.” And shape it they did: they created a template that still remains viable today! Significantly, the public was as active in shaping this 1993 plan as they are in revisiting today’s plan.

In his closing remarks, Chief Justice-Elect Lewis also focused on the importance of input by the public. As he reminded listeners, “There’s not a lot of me and there’s not a lot of I in the court system—there’s a lot of we and us.” In the spirit of collaboration, he called upon participants to work together to make the judiciary stronger and more responsive to the needs of the public. In closing, he assured everyone that “This workshop shall not be in vain. You input shall be utilized and followed up on.”

(Article by Beth Schwartz and Phillip Pollock, Photography by Beth Schwartz)

Florida Celebrates Law Day

James Madison, fourth President of the United States and primary author of the Federalist Papers (published in 1788 and resulting in the framework for the U.S. Constitution), was certainly one of our nation’s most enlightened political visionaries.  In the tenth of 85 Federalist articles, Madison stressed the importance of our Constitution's separation of powers when he wrote, "the accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny."

Today, 218 years later, the separation of powers is as important as ever, so much so that the 2006 Law Day theme is “Liberty Under Law: Separate Branches, Balanced Powers.” Though Law Day is celebrated nationally on May 1, the entire month of May is designated to reflect on the meaning and significance of the theme.

For more information about Law Day in Florida (classroom lesson plans, events around Florida, a slideshow and other links relating to the concept of separation of powers) go to the Supreme Court’s Law Day Resources web site.

Photo Captions:

Above left: Amanda Holland, 13, (Brentwood Middle School, Pensacola) used the idea of balancing the three branches of government against "the importance to maintain liberty" in her design that won first place in her age division in the Florida Law Related Education Association's (FLREA) Poster Contest.

Right: From left to right, respondents Jessica Bouis and Jessica Moscoso (both from Coral Reef Senior High, Miami) and petitioners Kathleen Wade and Nicola Menchetti (both from Lincoln High School, Tallahassee) are the final two teams in the Florida High School Appellate Competition that took place May 5 at the Florida Supreme Court.

Far Right The Lincoln High team of Kathleen Wade (right) and Nicola Menchetti listen to questions from the justices during the competition that they eventually won.

Florida Courts Participate in Budget Conference

As the Florida Legislature’s 2006 session winds down, members of the Trial Court Budget Commission (TCBC) and the District Court of Appeal Budget Commission (DCABC) continue to participate in the 2006 State Budget Conference, which is being held April 21-24.  The purpose of the Conference is to resolve disparities between the Senate and House versions of the state budget for the Fiscal Year 2006-07.  Judges and court administrators are discussing court budget priorities with Senate and House conferees.

Additionally, funding of all pay and benefit issues is being considered by legislative leadership, and those items are still under consideration.  The State Courts System has two important salary-related items pending this year: the Classification and Pay System re-design, pertaining to Florida court employees; and a benchmarked pay structure relating to county, circuit, district judges and Florida Supreme Court justices.

Funding for new judgeships that were certified by the Supreme Court is contained in substantive legislation, and contingent upon passage of those bills.

State Budget Conference Judiciary conferees include: Senators Crist, Chair; Smith; Argenziano; Aronberg; and Villalobos; along with Representatives Kottkamp, Chair; Ross; Planas; Gelber; and Zapata.

Committee on Alternative
Dispute Resolution
Rules and Policy meets

The Florida Supreme Court Committee on Alternative Dispute Resolution Rules and Policy met in Tallahassee on March 16-17 for its annual meeting, with Justice Harry Lee Anstead, Supreme Court liaison to the Committee.  The ADR Rules and Policy Committee is chaired by Circuit Judge Shawn Briese, Seventh Judicial Circuit, who also serves on the Mediator Qualifications Board which handles grievances which are filed against certified or court-appointed mediators.  Dr. Gregory Firestone, psychologist and Supreme Court certified mediator, serves as the vice-chair of the Committee.

At the day-and-half meeting, the Committee discussed such topics as ADR issues pending before the Legislature and the preliminary results of the Domestic Violence Screening Pilot, which was concluded in December.  The Committee also received reports from several subcommittees including those dealing with the subjects of Arbitration, Appellate Mediation and Advertising.  In addition, a new subcommittee which will look at ADR Systems for the State Courts was created.

The highlight of the Committee meeting was when Justice Anstead joined the Committee on Friday morning.  Justice Anstead expressed his gratitude to the Committee for the work it has done, especially in relation to the recent rule petitions in the areas of Senior Judges serving as mediators and the Small Claims Rules.  He encouraged the Committee to continue to keep Florida on the cutting edge of ADR activity.  On behalf of the Committee, Judge Briese expressed his appreciation to Justice Anstead for his support and leadership.

Work Group on Standards for Jury Panel Sizes Submitted

The final report from the Work Group on Standards for Jury Panel Sizes was submitted to the justices of the Florida Supreme Court on Friday, March 10, 2006.  The report represents a completion of the charge provided the work group by Chief Justice Barbara J. Pariente in administrative order AOSC04-64. (More information on Information for Jurors go to the Florida Courts web site.)

In his letter accompanying the report, Judge Thomas Bateman III, chairperson for the work group, stated, “The subject matter of the assignment was challenging and the discussions and deliberations rewarding.”

The final report follows four meetings and one public hearing held throughout the state. The meetings and the hearing were well attended by the distinguished list of work group members. Also, Justice R. Fred Lewis, Supreme Court liaison to the work group, attended and participated in all of the meetings as well as the public hearing.

Recommendations and proposed guidelines included in the final report are designed to make specific and meaningful improvements to the management of the Florida State Courts’ jury system. Specific goals of these recommendations include:

1. Ensuring an ample supply of jurors is available at the courthouse the day of jury selection;
2. Ensuring no citizen is unduly inconvenienced by being unnecessarily summoned or required to report for jury duty; and
3. Ensuring the Florida State Courts are efficiently using the fiscal resources dedicated for the payment of juror per diem.

There are also a number of general recommendations for future consideration by the chief justice and the other members of the Florida Supreme Court.

Technology Takes Center Stage
at the Court

Technology took center stage at the Florida Supreme Court February 28-March 1 as the Joint Meeting of the Florida Courts Technology Commission (FCTC) and Trial Court Technology Committee (TCTC) met. The Honorable Charles Francis, chair of the FCTC, and the Honorable Manuel Menendez, chair of TCTC, along with fellow TCTC commissioner, Justice Raoul Cantero, welcomed those in attendance for the two-day meeting.

The first day of meetings dealt with strategic plan initiatives, the future of technology in the court system, as well as a number of status reports and demonstrations. One key demonstration was the presentation of the Jessica Lunsford Act (JLA)/Judicial Inquiry System (JIS) applications.

The second day of the meeting involved TCTC officers from the twenty Florida circuit courts. Internet technology risk assessment/data security, electronic court reporting, court networking, and electronic record retention were just a few of the topics covered throughout the day.

The FCTC and TCTC meet annually to assess current technology issues as well as provide thoughtful direction for future technology needs that are integral to the court.

Mock Oral Arguments Allow
Students to Role Play in the Court

One-by-one, the petitioner and respondent, along with their co-counsel, stand before all seven members of court to make their case on the appeal brought before the Supreme Court. The case involves whether or not student athletes should be subject to random drug testing. The justices ask questions of each attorney, while the clerk and marshal look on from either side of the courtroom.

Business as usual at the Florida Supreme Court, right? Wrong! Although the scenario above matches a true oral argument, the case cited is fictitious, and it is one of thirteen such cases that students can act out to simulate what really takes place during an Oral Argument at the Florida Supreme Court.

Tour coordinator, Tricia Knox, said, “We enthusiastically encourage schools in the region to participate in this experience. There are a number of misconceptions about the role of the Florida Supreme Court in Florida government, the primary one being that this court functions like a trial court. It does not. The great thing here is that The Mock Oral Argument experience really differentiates the “appeals” process before the justices from a trial court before a jury.”

Hutto Middle School students in Bainbridge, Georgia recently came to the Supreme Court to re-enact the fictional student athlete drug testing case. The school’s teacher, Mrs. Faye Smith, said, “This was such a great experience for our students to come to Tallahassee and see how this process works. There is just something about actually participating in a court proceeding that allows the understanding to follow. I am so proud of my students today—they are all getting A’s for this!”

For more information about the Supreme Court Tour Program (either to schedule a tour, or to volunteer as a tour leader), go to Supreme Court Education and Tours or contact Tricia Knox by e-mail or by phone
at (850) 921-9446.

Florida Hosts the January Meeting
of the Conference of Chief Justices

The Midyear Meeting of the Conference of Chief Justices (CCJ) was hosted by the Florida Supreme Court January 15-18, on Amelia Island. Founded in 1949, the CCJ creates an opportunity for the highest judicial officers of the United States to gather quarterly in order to discuss strategies for improving the administration of justice, the rules and methods of procedure, and the organization and operation of state courts.
 
This particular conference had been scheduled to take place in New Orleans, but when Hurricane Katrina sabotaged that plan, Chief Justice Barbara Pariente, recently elected Second Vice President of the CCJ’s Board of Directors, stepped forward, welcoming the conference to Florida.  Although it typically takes a year to organize such a far-reaching and large-scale conference, Florida Supreme Court and OSCA staff, with the help of the National Center for State Courts, magically managed to pull everything together in about four months, creating a seamless educational program that unfurled in a context of extraordinary beauty and gracious Florida hospitality.

Altogether, 46 chief justices or their designees were in attendance; also present were 70 other judicial stakeholders (e.g., other justices, judges, Bar representatives, executive officers of various judicial organizations, attorneys).  Participants attended committee meetings on court management, tribal relations, security and emergency preparedness, children and families in the courts, and access to and fairness in the courts.  And they were also treated to a rich educational program that included sessions such as Judicial Independence in the Eyes of the American Public, Getting Smarter about Sentencing, and Revising the Model Code of Judicial Conduct, as well as a roundtable discussion on Addressing Common Concerns Impacting Chief Justices.

The conference kicked off with a talk by Marsha Dean Phelts, author of An American Beach for African Americans—an appropriate and timely topic, given the location of the conference and its onset on Martin Luther King’s birthday.  The next morning, conferees were welcomed by Chief Justice Pariente and by Lieutenant Governor Toni Jennings, who were followed by the Ritz Voices Youth Chorus, a product of the historically black Jacksonville Ritz Theater, which entertained guests with a profoundly moving series of songs.  And the conference ended with guest speaker Janet Reno, who addressed the issue of wrongful convictions and suggested ways in which the courts, law enforcement, prosecutors, and other judicial officers can work together to avoid a problem that, if not addressed, will insidiously weaken the criminal justice system and erode the public’s confidence in the courts.

The CCJ performs a critical function for state courts across the country; through its committees, special task forces, and resolutions, it addresses and gives voice to such issues as violence against women, privacy and access to court records, self-represented litigation, victims’ rights, and the handling of child abuse and neglect cases.  The Florida State Courts System is proud to have hosted this important gathering of influential guests who are committed to working together to improve the administration of justice in this country.

Article by Beth Schwartz, Court Publications Writer

New Judges Complete
Week-Long Phase I Training

Fifty-six new Florida judges finished a week-long Florida Judicial College Phase I training on Friday, January 13. A second phase of training in March is required for these college participants who have been appointed to the bench.

Although required to take judicial education courses only since 1988, Florida judges have had the option to take them since the late ‘70s.  Former Justice Ben F. Overton, often referred to as “The Father of Court Education,” was instrumental in setting up a mechanism for providing judges and certain court personnel with education and training programs that deepen their knowledge, skills, and expertise and that ready them to administer justice fairly, effectively, professionally, and competently. Over the years, Florida’s award-winning court education program has become a model for other states’ programs.

A portion of this week’s program was devoted to helping the new judges recognize and develop personal qualities and professional attributes necessary to be effective judges. Other sessions addressed listening and communication, and participants discussed how judicial demeanor affects the public’s perception of fairness and impartiality.

Procedural issues were also considered during the various training sessions.  New judges learned how to analyze objections and motions, issue proper jury instructions, maintain order and ensure safety in the courtroom, curtail inappropriate behavior, as well as handle other situational courtroom problems.

In the photo above right, Judge Carroll Kelly, Miami-Dade County Court, and Judge Peter Ramsberger, Sixth Judicial Circuit, discuss a variety of procedural issues in domestic violence cases.

In the photo above left, Judge Scott Brownell, Twelfth Judicial Circuit, discusses “The Art of Judging” at last-day plenary session.

In the photo bottom left, new judge participant, Caroline Falvey, Fifth Judicial Circuit.