The Florida House wanted to pay for 51 new judges but also wanted a new appeals court in the deal, which the Senate wouldn't agree to.
By JENNIFER LIBERTO
Published May 5, 2004
TALLAHASSEE - For the second year in a row, the Legislature declined to pay for any new judges, even though the state Supreme Court says the state needs 88 of them.
This year, the House passed a bill that would have given the courts more than $4-million to fund 51 new judges. However, the legislation also mandated a new 6th District Court of Appeal, based in Tampa, which the Supreme Court had not asked for.
House leadership pushed for the new appellate court, which would have split off Hillsborough and Pinellas counties from the 2nd District Court of Appeal in Lakeland. Critics argued that the Legislature has no power to create new courts without the Supreme Court's request.
The conflict over funding new judges wound up in negotiations between House Speaker Johnnie Byrd and Senate President Jim King. King decided to kill the request for new judges.
"As long as there was a linkage between a 6th DCA and new judges, the Senate didn't want to have anything to do with it," said Sen. Rod Smith, D-Alachua.
House judiciary appropriations Chairman Joe Negron, R-Stuart, blamed the Senate for not funding new judges.
"There's no new judges because the Senate wouldn't agree to it," Negron said the last night of the session.
Since 2000, the Legislature has funded 25 percent of new trial court judges requested by the Supreme Court, according to court numbers. In 2002, the Legislature funded 18 of the 55 circuit court judges requested.
This year, judges decided to make overall court funding their No. 1 priority, said state courts administrator Lisa Goodner.
The Legislature had to meet a voter-approved constitutional mandate and assume a greater burden of funding the courts from the counties. Judges had feared the state would cut court administration and programs.
But trial courts got nearly half of the total $237-million courts system budget. In some areas, such as for special masters, hearing officers and case managers, the state budget spends more money than the counties had been providing. The courts also have access to millions of dollars in a backup fund to cover unexpected shortfalls.
"I made it clear to both the House and the Senate that if it's either-or, we'd rather forgo the new judges this year and get full funding of our base budget," said Pinellas-Pasco Circuit Judge Susan Schaeffer, who led budget negotiations for the trial court judges. "I would expect that they would make new judges a priority next year."
