IN RE AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.215(B)(10)
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The Florida Supreme Court amended Rule of Judicial Administration 2.215(b)(10) to clarify the timeline for judges to maintain qualification to preside over capital cases by attending a refresher course within each three-year continuing judicial education reporting period, returning the rule to its original intent established in 1997.
The Court amended Rule 2.215(b)(10)(C) to specify that judges must attend a 'Capital Case Refresher' course once during each three-year continuing judicial education reporting period to maintain their qualification to preside over capital cases, or they must requalify by attending the refresher course within that reporting period.
[1] The Supreme Court of Florida has the authority to amend the Florida Rules of Judicial Administration.
[2] Florida Rule of Judicial Administration 2.215 governs trial court administration, including requirements for presiding over capital cases.
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Join FLexlaw to unlock all legal intelligence“As indicated by the 1997 Court Commentary to then-numbered Florida Rule of Judicial Administration 2.050, the Court intended that the three-year judicial education reporting period be the time frame in which a judge could take the capital refresher course in order to remain qualified to preside over death penalty cases.”
Establishes the Court's original intent regarding the timeframe for the refresher course requirement
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Join FLexlaw to unlock all legal intelligenceRule 2.215(b)(10) establishes minimum felony trial experience and educational training requirements for circuit court judges presiding over capital ca…
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On its own motion, the Court amends Florida Rule of Judicial Administration 2.215, Trial Court Administration. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(g)(1).
Florida Rule of Judicial Administration 2.215(b)(10) establishes the requisite minimum felony trial experience and educational training of circuit court judges necessary to preside over capital cases, and the responsibility of the chief judge in assigning capital cases. In In re Amendments to Florida Rule of Judicial Administration 2.215, 978 So.2d 805 (Fla.2008), the Court amended subdivision (b)(10)(C) to clarify when a circuit judge must take the capital case refresher course to remain in compliance with the rule.1
As indicated by the 1997 Court Commentary to then-numbered Florida Rule of Judicial Administration 2.050,2 the Court intended that the three-year judicial education reporting period be the time frame in which a judge could take the capital refresher course in order to remain qualified to preside over death penalty cases. The Court’s amendment to rule 2.215 as set out in the appendix to this opinion returns subdivision (b)(10)(C) to the original period contemplated when the Court first amended the rule to include the refresher course requirement. See In re Amendment to the Fla. Rules of Judicial Administration, Rule 2.050(b)(10), 701 So.2d 864, 865 (Fla.1997).
Accordingly, we amend Florida Rule of Judicial Administration 2.215 as reflected in the appendix to this opinion. New language is indicated by underscoring and deletions are indicated by struck-through type. The amendment shall become effective immediately upon release of this opinion. However, because the Court did not publish the amendment for comment prior to its adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.3
It is so ordered.
*1242CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.
APPENDIX
RULE 2.215. TRIAL COURT ADMINISTRATION
(a) [No Change]
(b) [No Change]
(1) — (9) [No Change]
(10)
(A)-(B) [No Change]
(C) Following attendance at the “Handling Capital Cases” course, a judge shall remain qualified to preside over a capital case for three calendar — years)-and may malntain-thab-qualification by attending a “Capital Case Refresher” course once during each following-three-year period of the subsequent continuing judicial education (CJE) reporting periods. A judge who has attended the “Handling Capital Cases” course and who has not taken the “Capital Case Refresher” course within three-years any subsequent continuing judicial education reporting period must requalify to preside over a capital case by attending the refresher course.
(D) [No Change]
(c)-(i) [No Change]
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Amendments to the Florida Rules of Judicial Administration-Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006)
- In re Amendment TO THE Florida Rules OF Judicial Administration, 701 So. 2d 864 (Fla. 1997)
- In re Amendments TO Fla. Rule OF Jud. Admin. 2.215, 978 So. 2d 805 (Fla. 2008)