IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.205.
Proceeding - Florida Rules of Judicial Administration
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. See Fla. R. Jud. Admin. 2.140(g).
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,
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
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.
LABARGA, CJ, and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and LAWSON, JJ, concur
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
2.205. THE SUPREME COURT
Exercise of Powers and Jurisdiction.
(A) - (C) [No Change]