RE: POLICY AND PROCESS FOR ASSIGNING SENIOR JUDGES

The Sixth Judicial Circuit, by a majority of the vote of the judges, has adopted a policy for the utilization of Senior Judges. It is therefore

ORDERED:

A. Policies:

1) Ten (10%) percent of the days allocated by the Supreme Court of Florida to the circuit shall be held in reserve by the Chief Judge to be used in any way the Chief Judge deems appropriate.

2) The balance of the senior judge days will be allocated only for the following purposes, as approved by the Supreme Court:

a) speedy trial rule problems;

b) over-crowded/backlog in circuit criminal dockets/calendars;

c) over-crowded/backlog in circuit civil, family, juvenile, probate or county court dockets/calendars;

d) long duration (more than one week) criminal or civil trials;

e) special category of cases where an available senior judge has expertise (e.g. asbestos case);

f) case requires non-resident judge referee and no active judge in an adjacent circuit/county is available;

g) unforseen short term (less than one week) illness or incapacity;

h) unforseen long-term (one week or longer) illness or incapacity;

i) planned medical absence;

j) parental or other family leave;

k) judicial vacancy due to death;

l) judicial vacancy due to retirement;

m) judicial vacancy due to suspension of a judge (with or without pay) pending completion of criminal or JQC investigation;

n) judicial vacancy due to appointment of judge to another level of court;

o) to preside over a previously heard case;

p) to participate in continuing judicial education activities (faculty or staff);

q) to participate in the statewide committees or councils, or work of the judicial conferences; and,

r) Other specified reason.

3) Senior judge days will be monitored on a quarterly basis. If more than one-fourth of the total days allocated are used in any one quarter, the Chief Judge may decline to approve additional days during that quarter unless days remain from a previous quarter.

B. Process for Assigning Senior Judges:

1) When the Chief Judge approves the request of a presiding judge for the assignment of a senior judge to active service, the Office of the Courts Administrator will contact the presiding judge to determine the judge's preference of a senior judge for the assignment.

2) The presiding judge's preference will be offered the assignment. If the preferred senior judge accepts the assignment, the Office of the Courts Administrator will prepare the appropriate order and forward it to the Chief Judge for his/her signature.

3) If the preferred senior judge cannot or will not accept the assignment, the Office of the Courts Administrator will contact, on a strict rotation basis, the next available senior judge from the list of active senior judges, until a senior judge accepts the assignment.

4) The Office of the Courts Administrator will maintain a list of assignments of senior judges to active service and will periodically report to the Chief Judge the number of assignments which have been made to each active senior judge.

DONE AND ORDERED in Chambers, at St. Petersburg, Pinellas County, Florida, this 9th day of November, 1995.



/s/Susan F. Schaeffer
Susan F. Schaeffer, Chief Judge