DANIEL HOLSMAN, PETITIONER,
v.
GEOFFREY D. COHEN, ETC., ET AL., RESPONDENTS; MARK STLUKE DANIEL, PETITIONER, V. GEOFFREY D. COHEN, ETC., ET AL., RESPONDENTS
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The Florida Supreme Court held that a circuit judge may be temporarily assigned on a regular basis to perform county court duties, specifically handling misdemeanor prosecutions in a domestic violence court, provided the assignment is limited to a specified class of cases and supplements rather than replaces the county judge. The Court quashed the district court's decision for lack of authority while addressing the certified question of great public importance.
Yes. A circuit judge may be assigned to perform county court duties on a temporary, regular basis, provided the assignment is directed to a specified, limited class of cases, is used to maximize efficient administration of justice, and supplements and aids rather than replaces the county judge. Judge Cohen's assignment to handle a limited number of county court domestic violence misdemeanors was appropriate and did not require additional Court approval.
[1] District courts lack authority to review administrative orders concerning judicial assignments.
[2] Circuit judges may be assigned on a regular basis to part-time duties as county judges presiding over misdemeanor prosecutions arising from domestic violence courts.
Previewing 2 of 5 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 county court judge may be assigned to hear circuit court work on a temporary, regular basis, provided the assignment is directed to a specified, limited class of cases, is used to maximize the efficient administration of justice, and requires the county judges to supplement and aid the circuit judges rather than to replace them”
Establishes the test for valid judicial cross-assignment that applies equally to circuit judges performing county court duties.
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Join FLexlaw to unlock all legal intelligenceIn October 1994, the Seventeenth Judicial Circuit established a domestic violence court approved by the Florida Supreme Court. By December 1994 memora…
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OVERTON, Justice.
We have for review Bollinger v. Cohen, 656 So. 2d 205, 206 (Fla. 4th DCA 1995), in which the district court denied petitions for writs of prohibition filed in that case and certified the following question to be of great public importance:
WHETHER A CIRCUIT JUDGE MAY BE ASSIGNED ON A REGULAR BASIS TO PARTTIME DUTIES AS A COUNTY JUDGE, PRESIDING OVER MISDEMEANOR PROSECUTIONS, NOT ARISING OUT OF THE SAME CIRCUMSTANCES AS A PENDING FELONY, INCIDENT TO THE OPERATION OF A DULY INSTITUTED DOMESTIC VIOLENCE COURT.
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the reasons expressed, we quash the district court’s decision, finding that the district court lacks any authority to review the administrative orders at issue. Nevertheless, in an attempt to further define the limits of judicial assignments, we address the certified question and answer it in the affirmative. Additionally, we deny the petitions after treating them as if they had been filed before this Court.
In October 1994, the Seventeenth Judicial Circuit issued an administrative order in which it established a domestic violence court. That order was subsequently approved by this Court. The basis for establishing the domestic violence court was to ensure that cases involving domestic violence would “be handled in an effective and efficient manner by a specialty Court with the presiding judge(s) possessing specialized sensitivities and training and hav[ing] available additional resources.” To that end, the order provided that judges assigned to the domestic violence court had jurisdiction to hear all cases involving domestic or repeat violence, both criminal and civil, with certain limited exceptions.
By memorandum dated December 21, 1994, the Chief Judge of the Seventeenth Circuit assigned Circuit Judge Geoffrey Cohen and County Judge Ronald Rothschild to handle eases in the domestic violence court. Pursuant to the memorandum, Judge Cohen had responsibility for all first appearance hearings, all felony arraignments and trials, one-half of all ex parte temporary restraining orders and twenty percent of the misdemean-or trials. Judge Rothschild had responsibility for all misdemeanor arraignments, one-half of all ex parte temporary restraining orders, and eighty percent of the misdemean-or trials. Through administrative order, the chief judge assigned Judge Cohen to temporary duty as a county judge for the purpose of hearing and disposing of all county court issues that were to come before him as part of his domestic violence division assignment. The Chief Judge has continued to issue monthly administrative orders temporarily --assigning Judge Cohen to act as a county judge in the domestic violence court.
The petitioners, Daniel Holsman and Mark Stluke Daniel, were each charged with one count of misdemeanor battery involving domestic violence. Neither petitioner was charged with a related felony count and they were each scheduled be tried before Judge Cohen on the misdemeanor count in Broward County’s domestic violence division. Before trial, the petitioners each filed a petition for a writ of prohibition before the district court, which the district court consolidated for review. The district court found that the continuing temporary assignment of Judge Cohen to act as a county judge in the domestic violence court was proper and denied the petitions. In doing so, the district court certified the aforementioned question. The petitioners argue that the continuing temporary assignment of Judge Cohen to act as a county judge through a series of administrative orders is an unconstitutional, de fac-to permanent assignment of a circuit judge to county court. The petitioners also argue that the assignment memorandum deviates from and amends the original administrative order establishing the domestic violence court as approved by this Court. Because all amendments to administrative orders establishing domestic violence courts must be approved by this Court, the petitioners argue that the assignment of Judge Cohen is invalid.
We first note that the district court lacks any authority to review the administrative orders at issue in this case. See Wild v. Dozier, — So. 2d - [1996 WL 48419] (Fla. Feb. 8, 1996) (this Court has exclusive authority to review judicial assignments). Accordingly, we quash the decision under review. Nevertheless, as we did in Wild, we treat the petitions filed in the district court as if they had been filed in this Court, and, in an attempt to further define the limits of judicial assignments, we address the certified question.
This Court has previously found that a county court judge cannot be assigned to perform solely circuit court work unless the assignment is for a relatively short time. Payret v. Adams, 500 So. 2d 136 (Fla.1986); Crusoe v. Rowls, 472 So. 2d 1163 (Fla.1985). As noted by the petitioners, this same prohibition applies to a circuit court judge assigned to perform county court duties. Nonetheless, as we stated in Crusoe and recently reiterated in Wild, a county court judge may be assigned to hear circuit court work on a temporary, regular basis, provided the assignment is directed to a specified, limited class of cases, is used to maximize the efficient administration of justice, and requires the county judges to supplement and aid the circuit judges rather than to replace them. We likewise find that this holding applies equally to the assignment of . circuit judges to handle county court matters. We now turn to the facts of this ease.
This Court has issued a series of cases implementing the legislature’s policy directive that family law divisions be established within each of the circuit courts of this State. See In re Report of Comm’n on Family Courts, 646 So. 2d 178 (Fla.1994) (Family Courts III); In re Report of Comm’n on Family Courts, 633 So. 2d 14 (Fla.1994) (Family Courts II); In re Report of Comm’n on Family Courts, 588 So. 2d 586 (Fla.1991). In Family Courts III, this Court foresaw that situations would arise in domestic violence eases where the jurisdiction of county and circuit courts would overlap. For instance, in that case we specifically noted that “the new [domestic violence legislation] has created an administrative Frankenstein because it has placed the violation of some provisions of domestic injunctions in the jurisdiction of the criminal divisions of county courts while the violations of other provisions in the injunction remain in the family law divisions of the circuit courts. ” Family Courts III, 646 So. 2d at 180 (emphasis added). As a result, we found it appropriate for circuits to establish domestic violence courts to enable family law judges to address all issues involving domestic violence in “an expeditious, efficient, and deliberative manner. In particular, we do not want these important issues to become bogged down in an administrative morass. ” Id. at 182 (emphasis added).
As indicated previously, the Seventeenth Circuit has created a special domestic violence court to handle all cases involving domestic violence issues. That court was specifically approved by this Court in Family Courts III. To ensure that the cases of that division are heard in “an expeditious, efficient, and deliberative manner,” the chief judge of that circuit has assigned both a circuit and county judge to the division. The circuit judge, Judge Cohen, handles the majority of the circuit court domestic violence cases; the county judge, Judge Rothschild, handles the majority of the county court domestic violence cases. Each judge assists the other by handling a limited number of other domestic violence circuit or county court cases. To that end, the chief judge has specifically designated Judge Cohen to act as a county judge when Judge Cohen hears county court cases diming his tenure on the domestic violence court. Under these circumstances, we find that the assignment of Judge Cohen to handle a limited number of county court domestic violence misdemeanors is appropriate. The assignment is directed to a specified class of cases, is used to maximize the efficient administration of justice, and supplements and assists the domestic violence county court judge rather than replaces him. Consequently, we reject the petitioners’ claim that Judge Cohen cannot be assigned to hear county court cases on a regular basis during his tenure on the domestic violence court.
We also reject the petitioners’ claim that the assignment of Judge Cohen to hear domestic violence misdemeanors requires additional approval by this Court. As we stated in Family Courts III:
Even though we are requiring the approval of both local rules and administrative orders regarding the implementation of family court divisions, we in no way intend this mandate to include the approval of routine matters generally included in administrative orders such as the assignment of judges to divisions.
646 So. 2d at 182 n. 2 (emphasis added).
Accordingly, we answer the certified question in the affirmative, deny the petitions for writs of prohibition, and quash the decision of the district court.
It is so ordered.
GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
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Shana Thornton v. State, 747 So. 2d 439 (Fla. 4th DCA 1999)…do not decide in this case whether this court has the authority to review a challenge to the trial court’s jurisdiction based on the expiration of an order of temporary assignment. See Wild v. Dozier, 672 So. 2d 16, 18 (Fla.1996); Holsman v. Cohen, 667 So. 2d 769 (Fla.1996).2 We note that any jurisdictional problem could have been cured by the issuance of an order of temporary assignment covering this case. See Card v. State, 497 So. 2d 1169, 1172-73 (Fla.1986). Also, in light of the reversal, we do not rea…
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Physicians Healthcare Plans, Inc. v. Pfeifler, 846 So. 2d 1129 (Fla. 2003)…egular basis as long as the assignment is directed to a specified class of cases, is used to maximize the efficient administration of justice, and supplements and assists the judges in the other court rather than replaces them. See Holsman v. Cohen, 667 So. 2d 769 (Fla.1996); Wild; Crusoe. In determining whether a judicial assignment is a temporary assignment under Florida Rule of Judicial Administration 2.050(b)(4), this Court considers more than the duration of the individual assignment. The successive nat…
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Rivkind v. Patterson, 672 So. 2d 819 (Fla. 1996)…this Court’s review. At the outset, we reiterate that this Court “has exclusive jurisdiction to review judicial assignments.” Wild v. Dozier, 672 So. 2d 16, 17 (Fla.1996); see also J.G. v. Holtzendorf, 669 So. 2d 1043 (Fla.1996); Holsman v. Cohen, 667 So. 2d 769 (Fla.1996). Accordingly, we conclude that the district court was without jurisdiction to review the judicial assignments at issue. We treat the petition for a writ of prohibition filed with the district court, however, as if it had been filed in thi…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Payret v. The Honorable Don T. Adams, 500 So. 2d 136 (Fla. 1986)
- In re Report of the Comm'n on Fam. Courts, 646 So. 2d 178 (Fla. 1994)
- In re Report of the Comm'n on Fam. Courts, 588 So. 2d 586 (Fla. 1991)
- The Honorable John E. Crusoe v. Rowls, 472 So. 2d 1163 (Fla. 1985)
- In re Report of the Comm'n on Fam. Courts, 633 So. 2d 14 (Fla. 1994)
- Bollinger v. The Honorable Geoffrey D. Cohen, 656 So. 2d 205 (Fla. 4th DCA 1995)