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In re: Amendments to Florida Rule of Judicial Administration 2.205.

Supreme Court of Florida

April 6, 2017

IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.205.

         Original Proceeding - Florida Rules of Judicial Administration

          PER CURIAM.

         In order to promote the effective and efficient management of judicial resources, this Court, on its own motion, amends Florida Rule of Judicial Administration 2.205(a)(4) (Internal Government; Assignments of Justices and Judges), as explained below.[1] See Fla. R. Jud. Admin. 2.140(g).

         As the chief administrative officer of the judicial system under the Florida Constitution, the Chief Justice of this Court is vested with "the power to assign justices or judges, including consenting retired justices or judges, to temporary duty in any court for which the judge is qualified." See Art. V, § 2(b), Fla. Const.; see also Fla. R. Jud. Admin. 2.205(a)(2)(B)(iii), (a)(3)(A). Consistent with that grant of authority, Florida Rule of Judicial Administration 2.205(a)(4)(A), recognizes that "[w]hen a justice of [this Court] is unable to perform the duties of office, or when necessary for the prompt dispatch of the business of the court, the chief justice may assign to the court any judge who is qualified to serve, for such time as the chief justice may direct." Upon consideration of the Chief Justice's authority to assign consenting retired justices and other qualified judges to temporary service on this Court when necessary, and in furtherance of the Court's ongoing efforts to promote the effective and efficient management of judicial resources, [2] the Court amends rule 2.205(a)(4)(A) to further provide that "no retired justice who is eligible to serve on assignment to temporary judicial duty or other judge who is qualified to serve may be assigned to the supreme court, or continue in such assignment, after 7 sitting duly sworn justices are available and able to perform the duties of office."

         Accordingly, the Florida Rules of Judicial Administration are amended as set forth in the appendix to this opinion. New language is indicated by underscoring. The amendments shall become effective immediately upon the release of this opinion.

         It is so ordered.

          LABARGA, CJ, and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ, concur

         THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

         APPENDIX

         RULE 2.205. THE SUPREME COURT

         (a) Internal Government.

         (1) Exercise of Powers and Jurisdiction.

(A) - (C) [No Change]

         (2) ...


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