THOMAS M. KNIGHT, SHERIFF OF SARASOTA COUNTY, Petitioner,
CHIEF JUDGE OF FLORIDA'S TWELFTH JUDICIAL CIRCUIT; and KAREN E. RUSHING, CLERK OF THE CIRCUIT COURT OF SARASOTA COUNTY, FLORIDA, Respondents.
FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF
for Writ of Certiorari to the Circuit Court for Sarasota
County; Charles E. Williams, Chief Judge.
Patrick J. Duggan, Senior Assistant General Counsel, and
Crystal L. Hansen, Assistant General Counsel, Sarasota, for
Matthew J. Conigliaro of Carlton Fields Jorden Burt, P.A.,
Tampa, for Respondent Chief Judge of Florida's Twelfth
Bradley J. Ellis of Icard, Merrill, Cullis, Timm, Furen &
Ginsburg, P.A., Sarasota, for Respondent Karen E. Rushing,
Clerk of the Circuit Court of Sarasota County, Florida.
Vail of Jolly, Peterson & Truckenbroad, P.A.,
Tallahassee, for Amicus Curiae the Florida Sheriffs
W. Baggett and M. Hope Keating of Greenberg Traurig, P.A.,
Tallahassee, for Amicus Curiae the Florida Association of
Sheriff of Sarasota County petitions this court for
certiorari review of portions of Administrative Order
2017-4.2, issued by the Chief Judge of Florida's Twelfth
Judicial Circuit, that direct the Sheriff to secure court
facilities. "This court has jurisdiction to review by
certiorari a claim that a chief judge has exceeded his or her
authority by issuing an administrative order." Holt
v. Chief Judge of Thirteenth Judicial Circuit, 920 So.2d
814, 815 (Fla. 2d DCA 2006) (first citing 1-888-Traffic
Sch. v. Chief Circuit Judge, Fourth Judicial Circuit,
734 So.2d 413 (Fla. 1999); then citing Hatcher v.
Davis, 798 So.2d 765, 765-66 (Fla. 2d DCA 2001)).
Because the Sheriff has not met his burden to show that the
Chief Judge exceeded his authority by issuing the order, we
deny the petition.
challenged portions of the administrative order require the
Sheriff to provide security for certain court facilities
where no sessions of court are held. According to the
parties, these facilities largely house offices of the Clerk
of the Sarasota Circuit Court, judicial chambers, court staff
offices, and court-related administrative offices. With
respect to these facilities, the Sheriff challenges the
following provisions of the order:
The Sheriffs of the three counties of the Twelfth Judicial
Circuit shall provide security for the court facilities of
the circuit and county courts, their personnel, clerks'
staff (acting as an arm of the judicial court in furtherance
of court business), jurors, attorneys and the public who
access court facilities. . . .
[With certain exceptions], all persons entering court
facilities through public access portals shall be subject to
identification verification and search. Searches shall be
conducted at all points of public ingress under procedures
established by the Sheriffs using personnel and equipment
approved by them. Searches shall include the protocols,
techniques, and equipment most likely to detect contraband,
weapons, firearms, flammable, hazardous or toxic materials,
bombs, biological and chemical agents. . . .
Persons refusing to be searched shall be denied access to
court facilities. . . .
At the request of the Trial Court Administrator or his
designee, the Sheriffs shall conduct initial and subsequent
background and criminal history investigations on all persons
to whom the Trial Court ...