BOARD OF COUNTY COMMISSIONERS OF BRADFORD COUNTY, FLORIDA, APPELLANTS,
v.
IN RE THE MATTER OF THE JUDICIAL SPACE IN THE BRADFORD COUNTY COURTHOUSE, APPELLEE
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The Board of County Commissioners reassigned courthouse space to the State Attorney and Public Defender without judicial approval, prompting the Chief Judge to issue a permanent injunction. The appellate court reversed, holding that while courts have inherent power over essential facilities, that power is limited to necessary—not merely desirable—space, and remanded for an evidentiary hearing on the actual necessity of the disputed space.
A court of general jurisdiction has inherent power to acquire and control facilities essential to secure and safeguard the free exercise of its functions, but this power is limited to acquisition of necessary—not merely desirable—space. The case must be remanded for an evidentiary hearing to determine whether the court's continued use of the disputed space is necessary.
[1] A court of general jurisdiction possesses inherent power to control facilities essential for the free and untrammeled exercise of its functions, but this power is limited…
[2] County commissioners have the authority to provide and maintain county buildings and to allocate office space for the State Attorney and Public Defender.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“a court of general jurisdiction has inherent power to acquire and control facilities which are essential to secure and safeguard free and untrammeled exercise of its functions, but that inherent power cannot be exercised except for acquisition of necessary as distinguished from desirable quarters and space”
Establishes the scope of judicial inherent power over courthouse facilities—limited to necessary facilities only.
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Join FLexlaw to unlock all legal intelligenceThe Board of County Commissioners, by resolution, reassigned the grand jury room, adjacent witness room, and certain County Court Judge rooms to the S…
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SHIVERS, Judge.
This matter involves the usage of space in the Bradford County Courthouse. The Board of County Commissioners of Bradford County, by resolution, reassigned the grand jury room and the adjacent witness room to the State Attorney and certain rooms used by the County Court Judge to the Public Defender. The Chief Judge of the Eighth Judicial Circuit permanently enjoined the Board of County Commissioners of Bradford County from interfering with any courthouse space originally assigned to the courts without prior written approval of the court. There was no evidentiary hearing prior to the issuance of the injunction.
We recognize the inherent powers of the Chief Judge and the administrative duties with which he is charged. It is the County’s responsibility to provide appropriate courtrooms, facilities, equipment, and, unless provided by the State, personnel necessary to operate the Circuit and County Courts. § 43.28, Fla.Stat. (1977). However, the Board of County Commissioners, as the legislative and governing body of the County, has the power to provide and maintain county buildings. § 125.01(l)(c), Fla.Stat. (1977). It is also the County’s responsibility to provide the State Attorney and the Public Defender with such office space as may be necessary for the proper and efficient functioning of these offices. §§ 27.34(2) and 27.54(3), Fla.Stat. (1977).
The predominant purpose of the courthouse is for the uses of the court and to provide the facilities essential for the efficient operation of such court.
No case in Florida discusses the inherent powers doctrine relating to allocation of courthouse space. The Florida cases that discuss the inherent powers doctrine1 and relevant decisions from other jurisdictions 2 lead us to conclude that a court of general jurisdiction has inherent power to acquire and control facilities which are essential to secure and safeguard free and untrammeled exercise of its functions, but that inherent power cannot be exercised except for acquisition of necessary as distinguished from desirable quarters and space.
The appropriate course of action is for this matter to be remanded for an evidentiary hearing to determine the necessity of the Court’s continued use of the space that the Board of County Commissioners of Bradford County wants to reassign to the State Attorney and Public Defender. The competing branches of government are entitled to develop the facts of this case. Therefore, we deem it appropriate that the Chief Judge of the Eighth Circuit request the Chief Justice of the Supreme Court to temporarily assign a judge from outside of the circuit to preside over the evidentiary hearing.3
In light of our disposition of this case, we find it premature to determine the issue of whether the attorney appointed by the Chief Judge of the Eighth Circuit to defend this appeal is entitled to compensation payable by the County.
Remanded for proceedings consistent with this opinion.
MILLS, C. J., and ROBERT P. SMITH, Jr., J., concur. . See, for example, Rose v. Palm Beach County, 361 So. 2d 135 (Fla.1978) and cases cited therein.
. See, for example, State ex rel. Hottle v. Board of County Commissioners of Highland County et al., 52 Ohio St.2d 117, 370 N.E. 2d 462 (Ohio 1977), Anderson County Quarterly Court v. Judges of the 28th Judicial Circuit, 579 S.W. 2d 875 (Tenn.App.1978) and State v. Pfeiffer, 163 Ohio St. 149, 126 N.E. 2d 57.
. Fla.R.Jud.Admin. 2.030(a)(3), (4) and 2.050(b)(4); See In re Florida Rules of Judicial Administration, 372 So. 2d 449, 452, 456 (Fla.1979).
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People Against TAX Revenue Mismanagement, Inc. v. Reynolds, 571 So. 2d 493 (Fla. 1st DCA 1990)…iolated due process rights and that such action placed the court in a role adverse to them. Movants bolstered their legal arguments, placing special emphasis on Board of County Commissioners v. In re Judicial Space in the Bradford County Courthouse, 378 So. 2d 1247 (Fla. 1st DCA 1979), approved sub nom. Chief Judge of the Eighth Judicial Circuit v. Board of County Commissioners, 401 So. 2d 1330 (Fla.1981). It was also alleged that the remarks made by Judge Reynolds and quoted in the newspaper, which concerned…
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Chief Judge OF the Eighth Judicial Circuit v. Bd. OF Cnty. Comm'rs OF Bradford Cnty., 401 So. 2d 1330 (Fla. 1981)…BOYD and OVERTON, Justices. The Chief Judge of the Eighth Judicial Circuit brings the decision of the District Court of Appeal, First District, reported as Board of County Commissioners v. Judicial Space in the Bradford County Courthouse, 378 So. 2d 1247 (Fla. 1st DCA 1979), before the Court for review, having filed both a notice of appeal and a notice invoking our certiorari jurisdiction. We grant certiorari because the decision of the district court affects a class of constitutional officers. Art.…
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- Rose v. Palm Beach Cnty., 361 So. 2d 135 (Fla. 1978)
- In re Florida Rules of Judicial Administration, 372 So. 2d 449 (Fla. 1979)