THE FLORIDA BAR RE AMENDMENT TO RULES OF JUDICIAL ADMINISTRATION (2.050(D), 2.070(E))
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The Florida Bar petitioned the Florida Supreme Court to adopt amendments to Rules of Judicial Administration 2.050(d) and 2.070(e) to allow county court judges, in addition to circuit judges, to participate in selecting circuit court administrators and setting court reporters' fees. The Court approved the amendments, effective July 1, 1987, while noting that the proposals were not truly emergencies and should follow normal rulemaking procedures.
The Court approved the amendments to both rules, effective July 1, 1987. Rule 2.050(d) was amended to require circuit court administrator selection by the chief judge subject to concurrence by majority vote of both circuit and county judges. Rule 2.070(e) was amended to allow circuit and county court judges together, by majority vote, to set maximum court reporter fees by administrative order.
[1] Circuit and county judges of a judicial circuit may, by majority vote, set the maximum fees for court reporters in proceedings and depositions via administrative order.
[2] An administrative order setting court reporter fees must be uniform throughout the judicial circuit and must be recorded.
Previewing 2 of 4 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“Although styled as 'emergency amendments,' the bar admits that these proposals may not be of an emergency nature and were, most probably, simply omitted inadvertently from a 1979 amendment of the judicial administration rules.”
Establishes that the amendments were not true emergencies but rather provisions inadvertently omitted from prior comprehensive rulemaking.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar submitted proposed amendments to Rules of Judicial Administration 2.050(d) and 2.070(e), styled as emergency amendments. The Bar ackno…
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[*1391] PER CURIAM.
The Florida Bar petitions the Court to adopt emergency amendments to Florida Rules of Judicial Administration 2.050(d) and 2.070(e) allowing county court judges, as well as circuit judges, to vote on selecting a circuit’s administrative assistant, who shall now be referred to as the circuit court administrator, and setting court reporters’ fees. Although styled as “emergency amendments,” the bar admits that these proposals may not be of an emergency nature and were, most probably, simply omitted inadvertently from a 1979 amendment of the judicial administration rules.1 We agree that these amendments are not emergencies, and we emphasize to interested parties that nonemergency proposals should be presented only according to the four-year rule schedule. Fla.R.Jud.Adm. 2.130.
Because we have already looked at the instant amendments, however, we have gone ahead and considered them. And, having considered them, we have decided to approve them. Therefore, rule 2.050(d) is amended to read as follows:
(d) Circuit Court Administrator. Each circuit court administrator shall be selected or terminated by the chief judge subject to concurrence by a majority vote of the circuit and county judges of the respective circuits.
Rule 2.070(e) is amended to read as follows:
(e) Fees. The circuit and county court judges of a judicial circuit by majority vote may set the maximum fees for court proceedings and depositions to be charged by court reporters by administrative order. The order shall be uniform in and for all courts throughout the territorial jurisdiction of the judicial circuit and shall be recorded. In the absence of an order, the fees for court proceedings and depositions to be charged by court reporters shall be as provided by law.2
These amendments will be effective at 12:01 a.m., July 1, 1987.
It is so ordered.
MCDONALD, C.J., and OVERTON, ERHLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. . In re Florida Rules of Judicial Administration, 372 So. 2d 449 (Fla.1979), effected a comprehensive revision of these rules.
. We cannot help but wonder whether the present method of ascertaining, setting, and reviewing appropriate court reporter charges is proper or adequate. We invite suggestions from the Judicial Administration Committee of The Florida Bar and any other interested party on this issue.
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Authorities Cited
- In re Florida Rules of Judicial Administration, 372 So. 2d 449 (Fla. 1979)