August 31, 2023
Florida’s court system can best be thought of as a pyramid, with the trial courts forming the base and appeals narrowing the pyramid, at the top of which sits the Florida Supreme Court. These appellate courts have an immense degree of power and influence as they set precedents and steer the direction of the entire legal system.
“If you look at how the federal system is set up, we have one Supreme Court. We have 13 courts of appeals and then you have 93 district courts around the country. Florida currently has one Supreme Court, six appellate courts and 20 circuit courts. A pyramid structure makes sense to maximize efficiency,” said explained Andrew Warren, the duly elected state attorney for Hillsborough County.
District courts of appeal
While not originally a part of Florida’s court system, the district courts of appeal have become an important speed bump to mitigate caseloads between the circuit courts and the Supreme Court. Florida is divided into six appellate court districts, the last of which was created just last year in a highly contentious move that allowed the governor to appoint a new slate of judges not bound by any precedent.
These judges are bound by the same eligibility rules as their circuit court colleagues. They also serve for six-year terms. Unlike the lower courts, however, judges on district courts of appeal cannot be chosen by the voters in their districts. This was done to essentially prevent justice from being sold in campaign contributions and votes.
Voters may only vote for or against retaining the judges appointed by the governor. If a retainment vote fails – an extraordinary occurrence – the governor will appoint a replacement. Judicial appointments in Florida are not subject to senatorial confirmation or rejection – handing the governor an extraordinarily powerful tool without any meaningful check. Retention elections occur in August.
In each district court, similar to the trial courts, a chief judge, selected through a consensus of the district court judges within that district, oversees administration efforts.
District courts of appeal can review both appeals from final judgments and specific non-final orders. Additionally, they are empowered by law to scrutinize definitive actions taken by state agencies in the execution of executive branch duties.
To function effectively and exercise their authority, these courts may also issue writs.
Given the low selection rate for cases to proceed to the Florida Supreme Court or beyond, the district courts of appeal are the last step in the appellate process for most cases, although deathpenalty cases automatically bypass the district courts of appeal and go directly to the Florida Supreme Court, with a decision to be rendered within two years.
The district courts of appeal have been consistently underfunded ever since an act of excess led to the construction of the “Taj Mahal,” where the First District Court of Appeal, in the panhandle, sits. One district court of appeal lacks a permanent courthouse entirely while another permanent courthouse is under construction.
Florida Supreme Court
Florida’s highest court is the Florida Supreme Court, composed of seven justices, a minimum of five of which are needed to participate in any case, with a majority of least four needed to issue a decision. The court is located in the Jeffersonian-style Supreme Court Building in Tallahassee, directly behind the Capitol, where the legislature and executive offices are located.
To be a justice, one must be a registered Florida voter and resident, having practiced law in the state for a decade preceding their appointment. That decade of experience was a point of contention in the first, failed appointment of Renatha Francis in 2020. After the court ruled against the appointment, she was appointed to the court to fill a different vacancy in 2022. Judges are retained every six years through the same system undergone by judges of the district courts of appeal.
To select a new justice, the governor chooses from a list of three to six qualified candidates recommended by the Judicial Nominating Commission. Florida’s high court has been extensively remade by the governor, who has taken advantage of multiple liberal justices reaching the mandatory statewide judicial retirement age of 75 (they can continue to serve if over half of their term is complete) and has instead appointed much younger replacements with a rigid ideological background that mirrors his own.
The chief justice of the court is elected by a majority vote of all justices and serves a two-year term. Both seniority and the justice’s administrative experience are factored into the vote, as the chief justice presides over court proceedings and judicial budget compilation, assigns duties to judges, and supervises various administrative aspects of the judiciary. They can assign judges to serve on courts in need of more judges and can swear in office holders. They may also preside over Senate impeachment trials, or designate an individual to act in their stead.
The Supreme Court’s jurisdiction is outlined in the constitution of Florida, while the legislature may expand or contract the court’s jurisdiction using built-in flexibility in the constitution. Some cases, from death sentences and decisions overturning key statues or parts of the Florida constitution that cause a legal conflict to bond validations and some orders of the Florida Public Service Commission, are subject to automatic, mandatory review by the court.
It exercises its discretionary review based on specific criteria, including the validity of a statute, constitutional interpretation, and lower court conflicts. The court may also review cases certified by district courts of appeal and federal appellate courts. It is supposed to check the executive and legislative branches of government but, since being reshaped, has largely failed to do so.
The court may also issue orders that ensure its authority, while these orders can also be issued without proceeding immediately to trial in extraordinary circumstances.
The court has other unique powers and responsibilities not found in other courts. It can issue advisory opinions to the governor, addressing his constitutional duties and powers, and also shapes the procedural framework for Florida’s courts by establishing rules for practice and procedure. While these rules are subject to legislative alteration by a supermajority vote, the court can repeal rules endorsed by the Judicial Qualifications Commission with the agreement of five justices.
Importantly for lawyers, the court exercises exclusive control over the regulation of attorneys in Florida. This includes the formulation of a code of professional conduct, oversight of the admissions process through the Florida Board of Bar Examiners, and governance supervision by the Florida Bar. It may enforce these regulations guided by the Code of Judicial Conduct and the court also works with the Judicial Qualifications Commission to investigate and potentially discipline or remove any judge or justice in breach of these ethical norms.
Key cases currently before the court include the constitutionality of the state’s 15-week abortion ban and its mandatory review of proposed constitutional amendments legalizing recreational marijuana and overturning the abortion ban, while the constitutionality of Florida’s new death penalty expansion laws is expected to go before the court within a few years.
Importance
As yet another round of elections approaches, so are judicial races for both appellate and trail courts. While judicial candidates are barred from partisan promises and must be fair, a good deal can be learned from their previous rulings and whether they are affiliated with groups that signify their ideological leanings, such as the Federalist Society. Although judges are supposed to be fair and even-handed, this can reveal a great deal about their judicial philosophy.
It is important to research these candidates and know who one is voting to elect or retain (or not). The decisions of these judges and the way they conduct their courtrooms have an outsized effect on everyone’s lives, whether one is on trial or fighting for a better society.
The “Taj Mahal,” the seat of the First District Court of Appeal. Charles Horowitz for Policy Reform Now
By Charles Horowitz
Policy Reform Now 
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