STATE EX REL. LAWTON CHILES, ETC., ET AL., PETITIONERS,
v.
PUBLIC EMPLOYEES RELATIONS COMMISSION, ET AL., RESPONDENTS

Fla. | 1994-02-03
No. 81835
BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.
630 So. 2d 1093 Florida Supreme Court (1994) Positive Treatment
Cited by 14 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Supreme Court denied the State's petition for a writ of prohibition against the Public Employees Relations Commission (PERC), holding that the Court lacks jurisdiction to issue such writs to state agencies and that collective bargaining by state employed attorneys does not infringe on the Court's exclusive jurisdiction to regulate the practice of law.


Holding

The Court lacks jurisdiction to issue a writ of prohibition to PERC because the constitutional provision authorizing such writs specifically limits them to courts. Additionally, collective bargaining by state employed attorneys does not encroach upon the Court's jurisdiction over attorney admission and discipline.


Headnotes

[1] The Florida Supreme Court lacks jurisdiction to issue a writ of prohibition to a state agency.

[2] The Florida Supreme Court's "all writs" power may be invoked to aid in exercising its ultimate jurisdiction, including the exclusive jurisdiction to regulate the admissio…

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Key Quotes

“The writ of prohibition is an extraordinary writ that may be granted only when a lower court is without jurisdiction or attempts to act in excess of jurisdiction.”

Establishes the standard for granting writs of prohibition

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Facts & Procedural History

The State Employees Attorneys Guild filed a petition with PERC in March 1993 seeking certification of a bargaining unit for state-employed attorneys. …

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Opinion of the Court
MeDONALD, Judge.

MeDONALD, Judge.

The State of Florida petitions for a writ of prohibition directed to the Public Employees Relations Commission (PERC). We find that this Court does not have jurisdiction to issue the writ, and, therefore, we deny the petition.

On March 23, 1993, the State Employees Attorneys Guild (SEAG) filed a petition with PERC, pursuant to section 447.307(2), Florida Statutes (1991), seeking certification of a bargaining unit composed of attorneys who are employed by the State of Florida. PERC entered an order finding reasonable cause to believe the petition sufficient and ordered an evidentiary hearing on questions concerning representation and unit determination.

On April 12, 1993, the State filed a response to the petition, contending that the proposed bargaining unit was an unconstitutional attempt to regulate and alter the practice of law, in derogation of the Supreme Court’s exclusive jurisdiction under article V, section 15 of the Florida Constitution. The State also requested that PERC issue a stay of the administrative proceeding pending the State’s decision to file a petition for writ of prohibition with this Court. PERC denied the request for stay, but this Court granted the stay. The State now seeks entry of an order prohibiting PERC from proceeding further with certification of a bargaining unit for state employed attorneys.

The writ of prohibition is an extraordinary writ that may be granted only when a lower court is without jurisdiction or attempts to act in excess of jurisdiction. English v. McCrary, 348 So. 2d 293 (Fla.1977). Article V, section 3(b)(7) of the Florida Constitution provides that the Supreme Court “may issue writs of prohibition to courts and all writs necessary to the complete exercise of its jurisdiction.” Because the plain language of this provision specifically limits the issuance of writs of prohibition to courts, we do not have jurisdiction to issue a writ of prohibition to a state agency like PERC.

This Court may also exercise jurisdiction via the “all writs” provision of article V, section 3(b)(7) of the Florida Constitution. In Florida Senate v. Graham, 412 So. 2d 360 (Fla.1982), we held that this Court may issue all writs necessary to aid the Court in exercising its “ultimate jurisdiction.” Id. at 361.

Article V, section 15 of the Florida Constitution vests this Court with the “exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted.” Because the regulation of attorneys falls within the Court’s ultimate power of review, the all writs clause could arguably be invoked as a basis for this Court’s jurisdiction. The pivotal issue in the instant case, however, is whether PERC’s statutory certification process infringes on this Court’s jurisdiction over attorneys.

We find that collective bargaining by state employed attorneys does not encroach upon this Court’s jurisdiction over the admission of attorneys to the practice of law or the discipline of attorneys.

Under section 447.307, Florida Statutes (1991), PERC is required to process the representation-certification petition of SEAG. Because PERC has not yet held a hearing on SEAG’s petition, as required by the statute, the State’s petition in this proceeding is premature. Under ordinary circumstances, once PERC has issued a final order on the matter and a notice of appeal has been filed, the district court of appeal shall have jurisdiction and may grant such relief as it deems just and proper. § 447.504, Fla.Stat. (1991). Of course, it is always possible that PERC’s subsequent rulings in this proceeding could interfere with this Court’s regulation of the practice of law, thereby triggering our jurisdiction, but it is clear that nothing like this has yet occurred.

Accordingly, the State’s petition is denied.

It is so ordered.

BARKETT, C.J., and OVERTON, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.


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Citator

Cited By

  • …pon this Court’s exclusive jurisdiction to regulate the practice of law. This Court determined that it was without jurisdiction to issue a writ of prohibition because PERC was not a “court.” State ex rel. Chiles v. Public Employees Relations Comm’n, 630 So. 2d 1093, 1094 (Fla.1994). The Court also declined to exercise its “all writs” jurisdiction, finding that “collective bargaining by state employed attorneys does not encroach upon this Court’s jurisdiction over the admission of attorneys to the practice of l…
  • …on for writ of prohibition in the Supreme Court of Florida seeking to prohibit the certification of a bargaining unit of state-employed attorneys. The supreme court denied that petition. State ex rel. Chiles v. Public Employees Relations Commission, 630 So. 2d 1093 (Fla.1994). Thereafter, in the 1994 legislative session, the Florida Legislature passed an amendment to section 447.203(3), Florida Statutes, excluding persons employed by the State in their capacity as members of The Florida Bar from those public…
  • …t authorizing state employees working as attorneys to bargain collectively did not “encroach upon [the supreme court’s] jurisdiction over the admission of attorneys to the practice of law or the discipline of attorneys.” State ex rel Chiles v. PERC, 630 So. 2d 1093, 1094 (Fla.1994). In the wake of the supreme court’s decision, the Legislature enacted a new definitional provision, now codified as section 447.203(3)(j), Florida Statutes (1997). Adding a new exception to the definition (for purposes of chapter 4…

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