IN RE: AMENDMENTS TO FLORIDA RULE OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION 2.320

Fla. | 2023-09-07
No. SC2023-0114
Florida Supreme Court (2023)

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Synopsis

The Florida Supreme Court considered public comments on amendments to Florida Rule of General Practice and Judicial Administration 2.320 and determined no further changes were warranted, affirming the majority's earlier decision to remove fairness and diversity education requirements from judicial education. Justice Labarga dissented, arguing the elimination of such education requirements was ill-advised and contrary to addressing discrimination in the judiciary.


Holding

The Court determined that no further amendments to Rule 2.320 are warranted at this time and the amendments remain in effect as adopted in February 2023.


Headnotes

[1] A court may decline to make further amendments to a rule after considering public comments.

[2] Judicial education requirements for judges may be amended by the court on its own motion.

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Key Quotes

“the majority expressly eliminated fairness and diversity education from the judicial education requirements for Florida judges”

Describes the substance of the amendments to Rule 2.320 that are being affirmed

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Facts & Procedural History

The Florida Supreme Court had previously amended Rule 2.320 on its own motion in February 2023, eliminating fairness and diversity education from the …

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Opinion of the Court

THURSDAY, SEPTEMBER 7, 2023 In Re: Amendments to Florida SC2023-0114 Rule of General Practice and Judicial Administration 2.320 The Court has considered the comments concerning Florida Rule of General Practice and Judicial Administration 2.320, which was amended in the opinion issued February 2, 2023. The Court having determined that no further amendments to the rule are warranted at this time, this case is hereby final. MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, and FRANCIS, JJ., concur. LABARGA, J., dissents with an opinion. SASSO, J., did not participate. LABARGA, J., dissenting. Earlier this year, on its own motion, the majority adopted amendments to Florida Rule of General Practice and Judicial Administration 2.320. In doing so, the majority expressly eliminated fairness and diversity education from the judicial education requirements for Florida judges. At that time, I dissented to the amendments as “unwarranted, untimely, and ill-advised.” In re Amends. to Fla. Rule of Gen. Prac. & Jud. Admin. 2.320, 356 So. CASE NO.: SC2023-0114 Page Two 3d 766, 769 (Fla. 2023) (Labarga, J., dissenting).

Now, having considered the comments filed in response to the amendments, the majority has decided to leave the amendments in place and take no further action. I continue to believe that fairness and diversity education is of great benefit to Florida’s judiciary and those who interact with Florida’s state courts. To that end, I dissent to today’s order and reaffirm my belief that “the purpose of providing express consideration to fairness and diversity education has been to complement the canons [in the Code of Judicial Conduct], and in the hopes of addressing the extremely complex issue that is discrimination, to educate the judiciary on strategies for recognizing and combatting discrimination.” Id. I respectfully dissent. A True Copy Test: SC2023-0114 9/7/2023 SC2023-0114 9/7/2023 CASE NO.: SC2023-0114 Page Three SO Served:

JOSHUA E. DOYLE

MERRICK L. GROSS

GISELLE GUTIERREZ

HON. STEPHEN RICHARD JEWETT

JORDI C. MARTÍNEZ-CID KEITH H. PARK PAUL R. REGENSDORF

KELLY NOEL SMITH

ELIZABETH CLARK TARBERT


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