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2d 16 Page 1
672 So.2d 16, 21 Fla. L. Weekly S57
(Cite as: 672 So.2d 16)
2.050(b)(4).
Supreme Court of Florida.
The Honorable Joe A. WILD, As Acting Circuit [2] Courts 106 472.2
Judge of the Nineteenth Judicial Circuit, Petitioner,
v. 106 Courts
Robert Lee DOZIER, Respondent. 106VII Concurrent and Conflicting Jurisdiction
No. 85050. 106VII(A) Courts of Same State
106VII(A)1 In General
Feb. 8, 1996. 106k472 Exclusive or Concurrent Ju-
Rehearing Denied April 11, 1996. risdiction
106k472.2 k. Appellate or Supreme
Defendant in felony case being tried in circuit court Courts. Most Cited Cases
petitioned for writ of prohibition claiming that county Supreme Court has exclusive jurisdiction to review
court judge assigned to his trial lacked authority to judicial assignments and litigant who is affected by
preside over his trial. The District Court of Appeal, judicial assignment made by chief judge of judicial
659 So.2d 1103, granted writ, quashed circuit judge's district must challenge assignment in trial court and
order denying disqualification and administrative then seek review in Supreme Court either by petition
order appointing county court judge for six-month for writ of prohibition or petition for relief under “all
period, and certified question for review. The Su- writs” power. West's F.S.A. Const. Art. 5, §§ 2(a, b),
preme Court held that: (1) Supreme Court had exclu- 3(b)(7).
sive jurisdiction to review judicial assignments; (2)
county court judge was properly assigned succes- [3] Courts 106 216
sively and repeatedly in six-month assignments over
several years to preside in circuit court over half of 106 Courts
all felony cases in county; but (3) another county 106VI Courts of Appellate Jurisdiction
judge was improperly assigned to hear cases. 106VI(B) Courts of Particular States
106k216 k. Florida. Most Cited Cases
Certified question answered, decision below quashed, District Court of Appeal lacked authority to review
and petition for prohibition denied. administrative order reassigning county court judge
to circuit court duty. West's F.S.A. Const. Art. 5, §
Kogan, J., filed opinion concurring in part and dis- 2(a, b).
senting in part, in which Shaw and Anstead, JJ., con-
curred. [4] Courts 106 70
[5] Courts 106 70 1103 (Fla. 4th DCA 1995), wherein the Fourth Dis-
trict Court of Appeal quashed an administrative order
106 Courts of the Chief Judge of the Nineteenth Judicial Circuit
106II Establishment, Organization, and Procedure assigning a county court judge to circuit court duty
106II(E) Places and Times of Holding Court and certified the following question to be of great
106k70 k. Designation or Assignment of public importance:
Judges. Most Cited Cases
County judge was properly appointed to successive MAY A COUNTY COURT JUDGE BE ASSIGNED
six-month assignments to preside in circuit court over SUCCESSIVELY AND REPEATEDLY IN SIX
half of criminal cases in county, where judge contin- MONTH ASSIGNMENTS OVER SEVERAL
ued to do all his county judge work and criminal di- YEARS TO PRESIDE IN THE CIRCUIT COURT
vision was only one of several division in circuit OVER HALF OF ALL FELONY CASES IN A
court. West's F.S.A. R.Jud.Admin.Rule 2.050(b)(4). COUNTY?
FN1
[6] Courts 106 70 Id. at 1106. We have jurisdiction and quash the
decision under review.
106 Courts
106II Establishment, Organization, and Procedure FN1. Art. V, § 3(b)(4), Fla. Const.
106II(E) Places and Times of Holding Court
106k70 k. Designation or Assignment of Since July 1990 the Honorable Joe A. Wild, Judge of
Judges. Most Cited Cases the County Court of Indian River County, has been
County judge was improperly appointed to six-month assigned by the various Chief Judges of the Nine-
assignment to preside in circuit court over half of teenth Judicial Circuit to serve for six-month periods
criminal cases in county, after another county judge as an acting circuit court judge to preside over one
had been appointed to six-month assignment to pre- half of all felony cases in Indian River County. Dur-
side over other half of criminal cases in county, since ing this period, Judge Wild has continued to handle a
assignments in combination effectively usurped ma- county court docket. In January 1994 the Chief Judge
jor segment of circuit court work within county. assigned a second county judge to preside over the
West's F.S.A. R.Jud.Admin.Rule 2.050(b)(4). other half of felony cases arising within the county.
*16 Application for Review of the Decision of the In April 1994 the respondent, Robert Lee Dozier,
District Court of Appeal-Certified Great Public Im- sought to disqualify Judge Wild from presiding over
portance Fourth District-Case No. 94-1104 and An his felony case, alleging that the judge had become a
Original Proceeding-Writ of Prohibition. “de facto permanent” circuit judge and therefore
lacked jurisdiction to hear his case. Judge Wild de-
Robert A. Butterworth, Attorney General; Joan nied the motion.
Fowler, Senior Assistant Attorney General, Chief,
West Palm Beach Bureau, and *17 Georgina Jime- Dozier then filed a petition for writ of prohibition in
nez-Orosa, Senior Assistant Attorney General, West the Fourth District Court of Appeal, claiming that as
Palm Beach, for Petitioner. a county court judge assigned to de facto permanent
duty in the circuit court, Judge Wild lacked authority
Jeffrey H. Garland of Kirschner & Garland, P.A., to preside over his case. The district court agreed,
Fort Pierce, for Respondent. granted the writ, and quashed the order denying dis-
qualification along with the administrative order ap-
Louis B. Vocelle, Jr. of Clem, Polackwich & Vocelle, pointing Judge Wild through 1994. 659 So.2d at
Vero Beach, for Honorable L.B. Vocelle, Chief Judge 1105-06. In holding the assignment invalid, the dis-
of the Nineteenth Judicial Circuit, Amicus Curiae. trict court relied on this Court's decisions in Payret v.
Adams, 500 So.2d 136 (Fla.1986), and Crusoe v.
Rowls, 472 So.2d 1163 (Fla.1985), but certified the
PER CURIAM.
above question for our consideration. Judge Wild
seeks review.FN2
[1] We have for review Dozier v. Wild, 659 So.2d
FN4. Florida Rule of Judicial Administra- FN5. General questions concerning the ad-
tion 2.050(b)(4) is substantially the same as ministration or management of the courts of
former Florida Rule of Civil Procedure the circuit should be directed to the Chief
1.020(b)(3)(ii), which was approved in State Justice through the state courts administra-
ex rel. Treadwell v. Hall, 274 So.2d 537, tor, as provided in Florida Rule of Judicial
Administration 2.050(b)(3). Likewise, ad- spend only a portion of his time performing circuit
ministrative orders also may be challenged court work, we suggested that a six-month assign-
as court rules or local rules by applying for a ment was acceptable. Id. at 1165 nn. 2-3. These time
determination by the Local Rules Advisory periods were suggested with the recognition that
Committee, as provided in Florida Rule of chief judges must be given flexibility to effectively
Judicial Administration 2.050(e)(2). utilize available judicial labor. Id. at 1165.
[3] Accordingly, we hold that the district court of Although the successive assignments at issue in Cru-
appeal lacked authority to review the administrative soe totalled two-and-one-half years, we upheld them
order assigning Judge Wild to circuit court duty. as proper temporary assignments in part because the
However, we treat the petition for writ of prohibition county judges were assigned only a limited class of
filed in the district court as if it had been filed in this support orders and the assignment was to “supple-
Court FN6 and address the certified question in an at- ment and aid the circuit judges rather than to replace
tempt to further define the parameters of a proper them.” Id.
temporary assignment under rule 2.050(b)(4).
Shortly after the decision in Crusoe, this Court was
FN6. Art. V, § 2(a), Fla. Const. asked to further define the parameters of a temporary
judicial assignment under rule 2.050(b)(4). In Payret
In Treadwell we approved an order appointing a v. Adams, 500 So.2d 136 (Fla.1986), the Court held
county judge to act as a circuit judge in DeSoto that a county court judge may not be indefinitely as-
County “in all matters of probate, guardianship, in- signed, by successive orders, circuit court duties in a
competency, trusts, proceedings under the ‘Florida specially created jury district. The county judge in
Mental Health Act’ and all juvenile proceedings, dis- Payret had been annually reassigned for a five-year
solutions of marriage, and all uncontested civil mat- period to be the acting circuit judge for a specially
ters in circuit court.” 274 So.2d at 538. Likewise, in created district of the Fifteenth Judicial Circuit. We
Crusoe v. Rowls, 472 So.2d 1163 (Fla.1985), we up- noted:
held the successive and repetitive assignment of
county court judges to hear all petitions to enforce Rather than being assigned to aid or assist the circuit
child support orders that directed support payments to judges in a limited class of cases, respondent has
be made through the child support section of the sher- been assigned to hear all circuit court matters in the
iff's office. In addressing whether the assignment was Glades district. Indeed, respondent has conceded that
proper, we explained that an *19 assignment is “tem- for all intents and purposes, he is the circuit judge for
porary” under rule 2.050(b)(4) if it is not “perma- the Glades district.
nent:”
Id. at 138. Under the circumstances, this Court held
“Temporary” is an antonym for “permanent.” It is a the successive one-year assignments invalid as a de
comparative term. It can be said that if a duty is not facto permanent assignment. Id. at 138.
permanent it is temporary. If a county judge is as-
signed to perform solely circuit court work, the as- [4] These decisions illustrate that whether a judicial
signment must be for a relatively short time for it to assignment is a proper “temporary” assignment under
be temporary. If a county judge is assigned to spend a rule 2.050(b)(4) is not merely a function of the dura-
portion of his time performing circuit work, the as- tion of an individual assignment. The successive na-
signment can be longer, but the assignment cannot ture of the assignment, the type of case covered by
usurp, supplant, or effectively deprive circuit court the assignment, and the practical effect of the as-
jurisdiction of a particular type of case on a perma- signment on circuit court jurisdiction over a particu-
nent basis. lar type of case also must be considered. For exam-
ple, Crusoe illustrates that successive assignments
472 So.2d at 1165 (footnotes omitted). Where a totalling more than two years may be considered
county judge is assigned solely to perform circuit temporary if the class of circuit court case covered by
court duties, we suggested that a sixty-day assign- the assignment is limited and the practical effect of
ment was acceptable; where the judge is ordered to the assignment is to aid and assist circuit judges
rather than to usurp circuit court jurisdiction over a valid orders, this directive shall not be construed to
particular type of case. 472 So.2d at 1165. Similarly, mean that they have been without jurisdiction to hear
Payret demonstrates that successive and repetitive these cases.
assignments that, when considered individually, may
be facially valid will not be considered temporary We answer the certified question in the affirmative,
where their practical effect is to create a de facto quash the decision below, and deny the petition for
permanent circuit judge by administrative order. 500 prohibition.
So.2d at 138.
It is so ordered.
In multi-county circuits the county judges in the less
populous counties are often underutilized, yet they GRIMES, C.J., and OVERTON, HARDING and
are willing to do circuit judge work. In some in- WELLS, JJ., concur.
stances there are no circuit judges resident within KOGAN, J., concurs in part and dissents in part with
those counties. The most efficient use of scarce judi- an opinion, in which SHAW and ANSTEAD, JJ.,
cial resources dictates the assignment of county concur.KOGAN, Justice, concurring in part and dis-
judges to handle limited aspects of circuit judge work senting in part.
in such counties, provided that the assignments do I agree that this Court has exclusive jurisdiction to
not interfere with the full performance of county review judicial assignments. However, I cannot agree
judge duties. that the successive assignments at issue here are
proper temporary assignments under Florida Rule of
[5] In the instant case, Judge Wild continues to do all Judicial Administration 2.050(b)(4) and article V,
of his county judge work. In addition, Judge Wild has section 2(b) of the Florida Constitution.
received new assignments every six months to hear
one half of the criminal circuit court work. Obvi- The majority recognizes that an assignment is “tem-
ously, the criminal division is only one of several porary” under rule 2.050(b)(4) if it is not “perma-
divisions of the Nineteenth Judicial Circuit Court, nent”:
and Judge Wild is assigned to only *20 half of the
cases within that division. The orders appointing
Judge Wild more nearly resemble those approved in “ ‘Temporary” is an antonym for ‘permanent.’ It is a
Treadwell and Crusoe rather than the order disap- comparative term. It can be said that if a duty is not
proved in Payret. See also J.G. v. Holtzendorf, 648 permanent it is temporary. If a county judge is as-
So.2d 781 (Fla. 2d DCA 1994) (approving successive signed to perform solely circuit court work, the as-
six-month assignments of county judge to hear juve- signment must be for a relatively short time for it to
nile and domestic matters in circuit court), review be temporary. If a county judge is assigned to spend a
granted, 659 So.2d 271 (Fla.1995). Thus, we con- portion of his time performing circuit work, the as-
clude that the successive six-month assignments of signment can be longer, but the assignment cannot
Judge Wild to hear half of the cases in Indian River usurp, supplant, or effectively deprive circuit court
County are permissible. jurisdiction of a particular type of case on a perma-
nent basis.”
[6] However, we cannot ignore the fact that County
Judge Balsiger has now been assigned to hear the Majority op. at 19 (quoting Crusoe v. Rowls, 472
other half of the felony cases in Indian River County. So.2d 1163, 1165 (Fla.1985)). It further recognizes
To permit this practice to continue would have the that, under our caselaw,
effect of permanently usurping a major segment of whether a judicial assignment is a proper “tempo-
circuit court work within the county. Therefore, we rary” assignment under rule 2.050(b)(4) is not merely
direct the Chief Judge of Indian River County to a function of the duration of an individual assign-
make the appropriate judicial reassignments in order ment. The successive nature of the assignment, the
that county judges not be assigned to more than half type of case covered by the assignment, and the prac-
of the felony cases within the county. However, in tical effect of the assignment on circuit court jurisdic-
view of the fact that Judge Wild and Judge Balsiger tion over a particular type of case also must be con-
have each been sitting on felony cases pursuant to sidered.
Although the majority recognizes the considerations Even under the majority's analysis, the petition for
relevant to the determination at *21 hand, it fails to writ of prohibition should be granted and the order
consider those factors in the context of this case and denying disqualification of Judge Wild in Dozier's
merely concludes, without explanation, that the as- case quashed. Such relief is warranted because at the
signments at issue here are more like those approved time Dozier's felony case was assigned, he had no
in Treadwell and Crusoe than the assignments disap- chance of having it heard by a duly elected circuit
proved in Payret. Majority op. at 20. The Treadwell judge since jurisdiction over all felony cases had
decision lends no support to the majority's conclusion been unconstitutionally placed in the hands of two
because the issue in Treadwell was whether the chief county court judges.
judge was authorized to assign a county court judge
to circuit court duty, not whether the assignment was Accordingly, I would answer the certified question in
“temporary.” The majority appears to base its holding the negative, grant the petition for writ of prohibition
on the need for “efficient use of scarce judicial re- and quash both the order denying disqualification of
sources.” Id. at 19. While no one could dispute this Judge Wild in Dozier's case and the administrative
basic premise, it is equally clear that judicial re- order at issue here. Moreover, regardless of how this
sources must be utilized within the constraints of our case is resolved, I agree with Justice Anstead that this
constitution. This is what our decisions in Crusoe and Court should enact specific guidelines for making
Payret teach. temporary judicial assignments. See Wallace v. State,
609 So.2d 64, 65 (Fla. 4th DCA 1992) (Anstead, J.,
Turning to the assignment at issue here, I agree with concurring specially). Thus, in the hope of eliminat-
the Fourth District Court of Appeal that it is a de ing much of the confusion that exists in this area, I
facto permanent assignment of a county court judge would ask the Judicial Administration Rules Com-
to circuit judge duties, in violation of article V, sec- mittee to propose specific guidelines for assignments
tions 2(b) and 10(b) of the Florida Constitution. As of made under rule 2.050(b)(4).
April 1994, Judge Wild had been assigned in eight
consecutive administrative orders to preside over half SHAW and ANSTEAD, JJ., concur.
of the felony cases in Indian River County. Although
each successive assignment was limited to the six- Fla.,1996.
month term suggested by this Court in Crusoe, the Wild v. Dozier
effect of the automatic reassignments was to give a 672 So.2d 16, 21 Fla. L. Weekly S57
county court judge jurisdiction over half of all felony
END OF DOCUMENT
KEYCITE
Wild v. Dozier, 672 So.2d 16, 21 Fla. L. Weekly S57 (Fla.,Feb 08, 1996) (NO. 85,050)
History
Direct History
1 Dozier v. Wild, 1994 WL 524292, 19 Fla. L. Weekly D2068 (Fla.App. 4 Dist. Sep 28, 1994) (NO.
94-1104)
Opinion Superseded on Rehearing by
2 Dozier v. Wild, 659 So.2d 1103, 20 Fla. L. Weekly D199 (Fla.App. 4 Dist. Jan 18, 1995) (NO. 94-
1104)
Review Granted by
3 Wild v. Dozier, 652 So.2d 819 (Fla. Feb 27, 1995) (Table, NO. 85,050)
AND Decision Quashed by
=> 4 Wild v. Dozier, 672 So.2d 16, 21 Fla. L. Weekly S57 (Fla. Feb 08, 1996) (NO. 85,050), rehearing
denied (Apr 11, 1996)
Holding Limited by
5 1-888-Traffic Schools v. Chief Circuit Judge, Fourth Judicial Circuit, 734 So.2d 413, 24 Fla. L.
Weekly S239 (Fla. May 27, 1999) (NO. 94,314) HN: 2,3,4 (So.2d)
Distinguished by
6 Diaz v. State, 868 So.2d 1281, 29 Fla. L. Weekly D808 (Fla.App. 4 Dist. Mar 31, 2004) (NO. 4D03-
4016) HN: 2 (So.2d)
Related References
7 Dozier v. State, 662 So.2d 382, 20 Fla. L. Weekly D2433 (Fla.App. 4 Dist. Nov 01, 1995) (NO. 94-
2178), rehearing denied (Nov 22, 1995)
Review Granted by
8 State v. Dozier, 669 So.2d 252 (Fla. Feb 13, 1996) (Table, NO. 86,956)
AND Decision Quashed by
9 State v. Dozier, 675 So.2d 110, 21 Fla. L. Weekly S199 (Fla. May 09, 1996) (NO. 86,956), rehearing
Court Documents