Appointment of Circuit Judges as Acting County Judges, Appointment of County Judges as Acting Circuit Judges, and Appointment of County Judges as Acting County Judges in Another County

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2011-047 PA/PI-CIR

RE: APPOINTMENT OF CIRCUIT JUDGES AS ACTING COUNTY JUDGES,

APPOINTMENT OF COUNTY JUDGES AS ACTING CIRCUIT JUDGES, AND

APPOINTMENT OF COUNTY JUDGES AS ACTING COUNTY JUDGES IN

ANOTHER COUNTY

IT HAS been officially made known to me that it is necessary for the prompt dispatch of the business of the circuit and county courts, Sixth Judicial Circuit, Pasco and Pinellas Counties, that circuit judges be temporarily assigned to duty in the county court and that county judges be temporarily assigned to duty in the circuit court. In addition, it is necessary that county judges in Pasco County proceed temporarily and be assigned to duty in county court in Pinellas County, and county judges in Pinellas County proceed temporarily and be assigned to duty in county court in Pasco County. Consistent with Physicians Healthcare Plans, Inc. v. Pfeifler,
846 So.2d 1129 (Fla. 2003) this order is limited in duration, it does not divest a court of jurisdiction, it does not assign a county judge to exclusively circuit work, nor does it assign a circuit judge to exclusively county work. Further, in this time of crowded dockets and extremely limited resources in the state courts system, it is necessary to utilize judicial resources in a cost-effective manner to maximize the efficient administration of justice. See, e.g., State v. Brady, 985 So.2d 656, 665 (Fla. 2d DCA 2008) in which the appellate court relied upon a similar order to find that a circuit court judge had jurisdiction as an acting county court judge to hear a misdemeanor DUI case.

In accordance with Article V, §2, Florida Constitution, Rule of Judicial Administration 2.215, and §43.26, Florida Statutes, it is therefore

ORDERED:

1. I do hereby assign and designate each circuit court judge of the Sixth Judicial Circuit of Florida, to proceed to the county court in both Pasco and Pinellas Counties, to hear, conduct, try, and determine county court cases that are brought before the judge as a temporary judge of the county court, and thereafter to dispose of all matters considered by the judge, including but not limited to emergency and advisory duty matters from October 1, 2011 through March 31, 2012.

2. I further assign and designate each county court judge of Pasco and Pinellas Counties to proceed to the circuit court, Sixth Judicial Circuit, to hear, conduct, try, and determine circuit court cases that are brought before the judge as a temporary judge of the circuit court, and thereafter to dispose of all matters considered by the judge, including but not limited to emergency and advisory duty matters from October 1, 2011 through March 31, 2012.

3. I further assign and designate each county court judge of Pasco County to proceed to the county court in Pinellas County, to hear, conduct, try, and determine county court cases in Pinellas County that are brought before the judge as a temporary judge of the county court in Pinellas County, and thereafter to dispose of all matters considered by the judge, including but not limited to emergency and advisory duty matters from October 1, 2011 through March 31, 2012.

4. I further assign and designate each county court judge of Pinellas County to proceed to the county court in Pasco County, to hear, conduct, try, and determine county court cases in Pasco County that are brought before the judge as a temporary judge of the county court in Pasco County, and thereafter to dispose of all matters considered by the judge, including but not limited to emergency and advisory duty matters from October 1, 2011 through March 31, 2012.

5. Each judge, under and by virtue of the authority hereof, is vested with all the powers and prerogatives conferred by the Constitution and laws of the State of Florida upon the judges of the courts to which each judge is hereby temporarily assigned.

Effective April 1, 2012, this administrative order is hereby rescinded.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this ____ day of September 2011.

ORIGINAL SIGNED on September 20, 2011

BY J. THOMAS MCGRADY, CHIEF JUDGE

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

The Honorable Paula O’Neil, Clerk of the Circuit Court, Pasco County

John E. Hendry, Regional Counsel

Gay Inskeep, Trial Courts Administrator

Myriam Irizarry, Chief Deputy Director, Pinellas County Clerk’s Office

Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office

Lillian Simon, Director of Administrative Services for Pasco County

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties