FL Supreme Court Limits Senior Judge Mediators

Twenty years ago, the Supreme Court of Florida authorized senior judges to serve as mediators in a new Code of Judicial Conduct, despite concerns about the propriety of a senior judge acting as both a mediator and an assigned senior judge. Last month, following proposed amendments published for comment that would have prohibited dual service, the court again decided to allow senior judges to continue to serve as mediators in light of significant opposition to the proposed prohibition. However, the Court chose to add new limiting provisions, such that Senior judges are now prohibited from serving as a mediator in any case in a judicial circuit where they preside as a judge. Additionally, mediation firms affiliated with judges are required to follow the same prohibitions on advertising and promotion that are imposed on judges. A potential exists that senior judges serving as paid mediators could be seen as exploiting their judicial position or lending the prestige of judicial office to advance the private interests of a judge or a mediation firm with which that judge may associate, or otherwise running afoul of the Code of Conduct. These amendments to the Code of Judicial Conduct, Rules for Certified and Court Appointed Mediators, Florida Rules of Civil Procedure, Rules of Judicial Administration, Rules of Juvenile Procedure, and the Florida Family Law Rules become effective on October 1, 2014 and are seen as additional safeguards to further alleviate the concern that dual service inappropriately creates an advantage in generating mediation business. See full opinion here-- http://www.floridasupremecourt.org/decisions/2014/sc13-1732.pdf

Judicial Management Council Created

The Supreme Court of Florida on its own motion this year created the Judicial Management Council of Florida, an advisory body designed to assist the court in identifying trends, potential crisis situations, and the means to address them. The so-called JMC will assist the court with forward-looking vision to better fulfill its mission to protect rights and liberties, uphold and interpret the law, and provide for the peaceful resolution of disputes (could this mean alternative dispute resolution?). Council members are to maintain an awareness of current issues, policies and trends related to the judicial branch in order to anticipate and respond to changing priorities. They will be responsible for reviewing the charges of the various court and Florida Bar commissions and committees, as well. JMC members are primarily judges (though there are a few bar and public members) who will be recommending consolidation or revision of commissions and committees, methods for the coordination of the work of those bodies. Applications are due tomorrow from members of The Florida Bar in good standing who are interested in JMC membership. Information on appointment to the council by application is available at www.flcourts.org/gen_public/stratplan/JMC.shtml as well as specific information about the council composition, as well as detailed background information, an application form, and instructions for completing the application. This, along with recent changes to the Rules of Judicial Administration that trump Civil Procedure Rules, seems to be consistent with the high court asserting itself.