Friday, March 4, 2011

Florida Legislature To Strip Courts of Rule-Making Ability?



We've certainly seen our share of lame-brained, reactionary, and just plain arse-inine proposals out of Tally, but this has to be one of the dumbest to come down the high speed train pike in a long time:
A constitutional amendment that would take court procedural rulemaking authority away from the Supreme Court and give it to the Legislature has been introduced in a House subcommittee that has been studying the issue.

PCB CVJS 11-01 would amend Art. V, Sec. 2, of the constitution. A second bill, PCB CVJS 11-02 would create legislation implementing the amendment, if it eventually passes the Legislature and is approved by voters.

Currently, Art. V, Sec. 2, provides that the Supreme Court has the authority to adopt practice and procedure rules for the court, and the Legislature may repeal any rule by a two-thirds vote of both chambers. It also includes some technical language about the court and the district courts of appeal submitting questions on military law for an advisory opinion to a special military appellate court.

The amendment repeals all of that, and instead specifies: “No court shall have the power, express or implied, to adopt rules for practice and procedure in any court. Court rules of practice and procedure may be recommended by the Supreme Court to be adopted, amended or rejected by the legislature in a manner prescribed by general law. If there is a conflict between general law and a court rule, the general law supersedes the court rule.”
So a court cannot issue procedural rules for proceeding before a court?  We're talking things like summary judgment time periods, discovery methods, offers of judgment etc.?

That's like Congress passing a law that pilots cannot decide how to fly a plane.

To paraphrase Barry Richard, this is f$%*ing stupid and totally unnecessary:
He also addressed whether the federal model of having Congress review procedural rules would work in Florida — something some committee members have suggested. Richard said the country’s founders assumed that virtually all cases would be resolved in state courts, and the U.S. Supreme Court was the only federal court expressly created by the Constitution. Congress, however, was given the power to create lesser courts, and hence those courts are the creatures of Congress.

Florida’s courts are created in the state Constitution, not by the Legislature, he said.

Further, he said, the jurisdiction of federal courts was much more limited than it is currently.

Richard also said in practice, even though Congress has a review, the federal procedural rules systems works much like Florida’s, with the court’s proposing rules that are rarely altered by Congress.
 Seriously, what's next?

With Governor Scott's proposed budget crippling already overburdened courts, and with the courts soon lacking the ability to even advise litigants of how many days they have to respond to an interrogatory, maybe we should just give the whole thing up and revert to duels in the street, sword fights, and other forms of self-help.

Or is that the idea?

5 comments:

  1. I'm calling the Shumie, going home, sipping a few beers and imagining the cocaine princess in my arms. That tanned mid diff of hers drives me nuts.

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  2. Florida citizens are fed up with the arbitrary conduct of judges. For example, look at the Florida Supreme Court's Echevarria case — a lawyers license to commit fraud with virtually no chance of being caught. Courtroom (including criminal) fraud, on the part of 'officers of the court', is so prevalent that the Florida Supreme Court had to exempt it from punishment that any ordinary citizen would either be prosecuted or held liable for!!!

    ReplyDelete
  3. My church is wagon wheel.

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  4. We'll see how that goes over when some company doesn't like the fact the had to pay for someones illness/death, or when the courts hand out a judgment that could enganger the profits or perspectives of the conservatives in question......enjoy Florida inc (Tm).

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