WILLIAM C. ALLEN, II, MARIANA ALLEN, JOANNA MILLIKEN ALLEN AND MARY S. ALLEN, PETITIONERS,
v.
THE HONORABLE BARBARA BRIDGE, CIRCUIT COURT JUDGE OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENT
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Petitioners sought a writ of mandamus challenging a circuit judge's reassignment of their case to a different judge within the same circuit. The court denied the petition, holding that case assignment and reassignment within a multi-judge court is an internal administrative matter within the court's discretion and not subject to judicial review by litigants.
Litigants have no right to have or not have any particular judge hear their cause, and case assignment and reassignment between judges in a multi-judge court is an internal administrative matter within the court's discretion, not subject to judicial review. Subject only to disqualification rules, litigants have no due process right to be heard before reassignment of their case.
[1] The assignment and reassignment of cases among judges of a multi-judge court are matters of internal court governance, controlled by policies adopted by the court's judge…
[2] Administrative orders concerning internal court matters do not limit a judge's lawful authority or bestow rights upon litigants.
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Join FLexlaw to unlock all legal intelligence“The assignment and reassignment of specific court cases between or among the judges of a multi-judge court is a matter within the internal government of that court and is directed and controlled by policy adopted by the judges of that court, either directly or by and through their chief judge.”
Establishes that case assignment is an internal administrative matter under court control, not subject to litigation.
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Join FLexlaw to unlock all legal intelligencePetitioners' case concerning the procurement of a will in the Estate of Dorothy Milliken Allen was initially assigned to one circuit judge but was tra…
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WALDEN, Judge.
This is a petition for writ of mandamus or common law certiorari.
Petitioners are aggrieved because the circuit judge to whom their case was initially assigned transferred the assignment of the case to another circuit judge in the same circuit. It appears that the new judge had earlier handled a somewhat similar case. See Allen v. Gore, 387 So. 2d 535 (Fla. 4th DCA 1980). Both cases (petitioner’s present case and the earlier case adjudicated by the newly assigned judge) concern the procurement of a will in the Estate of Dorothy Milliken Allen.
We deny the petition upon the authority of Kruckenberg v. Honorable Rom W. Powell, 422 So. 2d 994 (Fla. 5th DCA 1982), and specifically adopt this language therefrom,
The assignment and reassignment of specific court cases between or among the judges of a multi-judge court is a matter within the internal government of that court and is directed and controlled by policy adopted by the judges of that court, either directly or by and through their chief judge. If such policy is in writing, it is properly documented by an administrative order or similar directive usually directed to the clerk of the court for ministerial implementation.
Where the court has jurisdiction, it is the court, and not the particular judges thereof, that has jurisdiction over a particular cause, controversy and the parties thereto. Every duly elected or appointed judge of a court has the bare power or authority to exercise all of the jurisdiction of that court. Administrative orders evidencing internal matters of self-government of the court do not limit the lawful authority of any judge of the court, nor do they bestow rights on litigants. In legal contemplation judges, like litigants, are all equal before the law. Subject only to substantive law relating to disqualification of judges, litigants have no right to have, or not have, any particular judge of a court hear their cause and no due process right to be heard before any assignment or reassignment of a particular case to a particular judge.
The assignment and reassignment of cases in a busy multi-judge court presents a continuous administrative problem resulting, not only from the disqualification of judges in particular cases and the need to conserve judicial labor by the consolidation of companion and other related cases, but also from many other complex causes, including the rotation of judges between divisions of the court, equalization and control of individual judge case loads, the temporary absence of judges or the temporary inability of judges to perform services, termination of the service of individual judges by death, retirement or otherwise, and other good reasons. Contrary to petitioner’s assertion, in the administration of the internal matters of a court the judges thereof exercise an authority that goes far beyond the judicial discretion that judges exercise in the disposition of cases and controversies before the court. A litigant does not have standing to enforce internal court policy, which is a matter of judicial administration and the proper concern of the judges of the particular court and of the administrative supervision of the judicial system.
Because of the content of the petition expressing severe dissatisfaction with the new judge to whom the case has now been assigned, we record that our decision here shall be without prejudice to petitioners’ right to seek disqualification under Florida Rule of Civil Procedure 1.432 and the appropriate statutes, if they are so advised. By this note we are not suggesting that such effort should be made. If made, we have no opinion as to the proper outcome.
Petition denied.
GLICKSTEIN and HURLEY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Rodriguez v. State, 919 So. 2d 1252 (Fla. 2005)…signed to [*1279] promote judicial efficiency, so courts have wide discretion in this field). Rodriguez is not alleging any prejudice from the assignment of Judge Sigler, nor did he seek to disqualify the judge under the rules. See Allen v. Bridge, 427 So. 2d 249, 250 (Fla. 4th DCA 1983) (explaining that while litigants have no standing to enforce internal court policy, they are free to seek disqualification of reassigned judges under rules of judicial administration and statute governing disqualification).…
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Mitchel Kalmanson v. Lockett, 848 So. 2d 374 (Fla. 5th DCA 2003)…at 351-352, 20 L.Ed. 646. The circuit court had subject matter jurisdiction over the dispute and personal jurisdiction over the parties. Jurisdiction is vested in the court itself, and not in any individual judge of the court. See Allen v. Bridge, 427 So. 2d 249, 250 (Fla. 4th DCA 1983); Kruckenberg v. Powell, 422 So. 2d 994 (Fla. 5th DCA 1982); cf. State ex rel. Palmer v. Atkinson, 116 Fla. 366, 156 So. 726 (1934). If the allegations of the complaint are true, Judge Lockett’s individual actions most probab…
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Bobbitt v. State, 726 So. 2d 848 (Fla. 5th DCA 1999)…cretion with regard to the reassignment of cases. See Kruckenberg v. Powell, 422 So. 2d 994 (Fla. 5th DCA 1982). Litigants have no due process right to be heard before any reassignment of a particular case to a particular judge. Id. Allen v. Bridge, 427 So. 2d 249 (Fla. 4th DCA 1983). However, as a practical matter, the chief judge should cause an order of reassignment to be entered to reflect the identity of the successor judge. This would permit adequate consideration of possible disqualification issues par…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kruckenberg v. Honorable Rom W. Powell, 422 So. 2d 994 (Fla. 5th DCA 1982)
- Allen v. Gore, 387 So. 2d 535 (Fla. 4th DCA 1980)