J.G., ET AL., PETITIONERS,
v.
THE HONORABLE HOWARD HOLTZENDORF, AS ACTING CIRCUIT JUDGE OF THE TWELFTH JUDICIAL CIRCUIT, RESPONDENT

Fla. | 1996-03-14
No. 85189
GRIMES, C.J., and OVERTON, HARDING and WELLS, JJ., concur., KOGAN, J., concurs in part and dissents in part with an opinion, in which SHAW and ANSTEAD, JJ., concur., SHAW and ANSTEAD, JJ., concur.
669 So. 2d 1043 Florida Supreme Court (1996) Positive Treatment
Cited by 4 cases

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Synopsis

The Florida Supreme Court reviewed a case concerning the propriety of successive six-month assignments of a county judge to circuit court duty. The Court held that such assignments are permissible under the rules of judicial administration and that the district court of appeal lacked authority to review the administrative order.


Holding

Yes, successive six-month assignments of a county judge to circuit court duty are proper under the rule. No, the district court of appeal lacked the authority to review the administrative order assigning the judge.


Key Quotes

“We believe these assignments are consistent with those in Wild in which we upheld successive six-month assignments of a county judge to hear half of the felony cases in Indian River County in addition to his duties as a county judge.”

Establishes the court's reasoning for finding the assignments proper by referencing precedent.

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Facts & Procedural History

A county judge had been successively assigned for six-month periods since 1991 to sit as a circuit judge in DeSoto County. During these assignments, t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review J.G. v. Holtzendorf, 648 So. 2d 781 (Fla. 2d DCA 1994), because of conflict with Dozier v. Wild, 659 So. 2d 1103 (Fla. 4th DCA 1995), quashed, — So. 2d -, 21 Fla.L. Weekly S57 [1996 WL 48419] (Fla. Feb. 8, 1996), on the issue of when successive six-month assignments of a county court judge to circuit court duty are proper under Florida Rule of Judicial Administration 2.050(b)(4). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Since 1991 the Chief Judge of the Twelfth Judicial Circuit has made successive six-month assignments of County Judge Holtzendorf to sit as a circuit judge in cases brought before him in DeSoto County. Pursuant to these assignments, he has heard most, though not all, of the juvenile cases in the county and a few other circuit court actions. He continues to perform his county court duties. We believe these assignments are consistent with those in Wild in which we upheld successive six-month assignments of a county judge to hear half of the felony cases in Indian River County in addition to his duties as a county judge. Wild v. Dozier, — So. 2d-, 21 Fla.L. Weekly S57 [1996 WL 48419] (Fla. Feb. 8, 1996).

As in Wild, we hold that the district court of appeal lacked authority to review the administrative order assigning Judge Holt-zendorf to circuit judge duty. However, we treat the amended petition for writ of prohibition as if it had been filed in this Court and deny it. While we quash the decision of the court below, we approve of its analysis.

It is so ordered.

GRIMES, C.J., and OVERTON, HARDING and WELLS, JJ., concur. KOGAN, J., concurs in part and dissents in part with an opinion, in which SHAW and ANSTEAD, JJ., concur.

Other
KOGAN, Justice,

KOGAN, Justice,

concurring in part and dissenting in part.

I agree that, under this Court’s recent decision in Wild v. Dozier, — So. 2d-, 21 Fla.L. Weekly S57 [1996 WL 48419] (Fla. Feb. 8, 1996), the district court lacked authority to pass on the validity of the judicial assignment at issue here. However, I dissent from that portion of the majority opinion which relies on Wild to uphold the assignment. For many of the same reasons that I concluded that the successive assignments at issue in Wild amounted to an improper “permanent” assignment of a county court judge to circuit court duty, I believe that the assignments at issue here likewise are “permanent.” The practical effect of these successive six-month assignments to circuit court duty is to create a de facto permanent circuit judge by administrative order. Payret v. Adams, 500 So. 2d 136, 138 (Fla.1986). This assignment is even more offensive than that at issue in Wild because through successive administrative orders combined with monthly case assignments County Judge Holtzendorf has heard virtually all delinquency cases in DeSoto County from at least July 1, 1991, through December 1994. I would hold this an improper “permanent” assignment under this Court’s decision’s in Crusoe v. Rowls, 472 So. 2d 1163, 1165 (Fla.1985), and Payret. Because I believe that the assignments at issue here effectively redesignated jurisdiction over juvenile eases, I would quash the decision under review and grant the petition for writ of prohibition.

SHAW and ANSTEAD, JJ., concur.


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Citator

Cited By

  • Physicians Healthcare Plans, Inc. v. Pfeifler, 846 So. 2d 1129 (Fla. 2003)
    …. 2d 819, 820-21 (Fla.1996) (approving successive monthly assignments spanning several years as “a logical and lawful means to ensure the expeditious and efficient resolution of domestic violence issues in the Eleventh Circuit”); J.G. v. Holtzendorf 669 So. 2d 1043 (Fla.1996)(approving successive six-month assignments of county judge to hear most, though not all, of the juvenile cases in the county and a few other circuit court actions over the course of five years); Hols-man (approving successive monthly assi…
  • Rivkind v. Patterson, 672 So. 2d 819 (Fla. 1996)
    …et forth herein and stayed its mandate pending 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 c…
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