IN RE: AMENDMENT TO FLORIDA RULE OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION 2.320

Fla. | 2023-12-14
No. SC2023-1612
Florida Supreme Court (2023)

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Synopsis

The Florida Supreme Court amended Rule 2.320 to make participation in Phase I of the Florida Judicial College discretionary rather than mandatory for new appellate judges who have never been trial judges or attended Phase I as magistrates. The amendment was adopted on the Court's own motion and takes effect immediately, with a 75-day comment period thereafter.


Holding

Yes. The Court amended Florida Rule of General Practice and Judicial Administration 2.320(b)(2) to change the language from 'must also attend' to 'may also attend' Phase I of the Florida Judicial College, making participation discretionary rather than mandatory for new appellate judges meeting those criteria.


Headnotes

[1] Florida Rule of General Practice and Judicial Administration 2.320 is amended to make participation in Phase I of the Florida Judicial College discretionary for new appel…

[2] New appellate judges who have never been trial judges or attended Phase I of the Florida Judicial College as a magistrate may attend Phase I of the Florida Judicial Colle…

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Key Quotes

“The Court, in conjunction with the Florida Court Education Council, is conducting a review of the education program for new appellate judges. As part of that review, the Court is making new appellate judges' participation in Phase I of the Florida Judicial College discretionary rather than mandatory.”

States the Court's rationale for the amendment and the change from mandatory to discretionary participation.

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Facts & Procedural History

The Florida Court Education Council, in conjunction with the Supreme Court, conducted a review of the education program for new appellate judges. As p…

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Opinion of the Court

PER CURIAM.

The Court, in conjunction with the Florida Court Education

Council, is conducting a review of the education program for new

appellate judges. As part of that review, the Court is making new

appellate judges’ participation in Phase I of the Florida Judicial

College discretionary rather than mandatory.

We amend, on our own motion, Florida Rule of General

Practice and Judicial Administration 2.320 (Continuing Judicial

Education) as reflected in the appendix to this opinion. 1 New

language is indicated by underscoring in the appendix, and the

deletion is indicated by struck-through type. The amendment is

1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see also Fla. R. Gen. Prac. & Jud. Admin. 2.140(d). effective immediately. Because the amendment was not published

for comment previously, interested persons shall have seventy-five

days from the date of this opinion in which to file comments with

the Court. 2

It is so ordered.

MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, FRANCIS, and SASSO, JJ., concur. LABARGA, J., dissents with an opinion.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THIS AMENDMENT.

LABARGA, J., dissenting.

I strongly disagree with dropping the requirement that all new

appellate judges “who ha[ve] never been a trial judge or who ha[ve]

2. All comments must be filed with the Court on or before February 27, 2024, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment may be, but is not required to be, filed via the Portal. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

-2-never attended Phase I of the Florida Judicial College as a

magistrate must also attend Phase I of the Florida Judicial College.”

Fla. R. Gen. Prac. & Jud. Admin. 2.320(b)(2).


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