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2.225. Judicial Management Council
(a) Creation and Responsibilities. There is hereby created
the Judicial Management Council of Florida, which
shall be charged with the following responsibilities:
(1) The comprehensive study and formulation of
recommendations on issues related to the efficient and
effective administration of justice that have statewide
impact, affect multiple levels of the court system, or
affect multiple constituencies in the court and justice
community.
(A) Issues that may be examined by the Judicial
Management Council include, but are not limited to:
(i) the organization, jurisdiction, and management
of the courts;
(ii) the qualifications, selection process,
compensation, disciplinary process, and removal process
for judicial officers;
(iii) administrative policies and programs of
the court system;
(iv) state and local budgets for the courts and
related entities, and the balance of funding between
state and local government;
(v) available revenues that are currently or
may be used to support the courts, including fines, forfeitures,
filing fees, add-ons, surcharges, and liens;
(vi) rules of court and rulemaking process;
(vii) legislative issues, including changes in
the statutes or the constitution; and
(viii) the policies, procedures, and programs
of other entities that are involved in court proceedings,
or otherwise affect the work of the courts.
(B) Issues may become part of the Judicial Management
Council’s agenda by:
(i) referral from the chief justice;
(ii) referral from the supreme court; or
(iii) identification by the Judicial Management
Council on its own initiative based on the recommendations
of members; input from judges, the bar,
court personnel, or other sources; input from public
hearings; referral of issues by the Florida Legislature,
either informally or through the passage of legislation;
or referral of issues by the governor, cabinet, or executive
branch agencies.
(C) The chief justice and the supreme court shall
consider referring significant new issues or problems
with implications for judicial branch organization, policy,
or budgeting to the Judicial Management Council,
prior to the creation of any new committees.
(2) The development and recommendation of the
long-range strategic plan and quality management and
accountability program for the judicial branch, which
are required pursuant to article III, section 19, of the
Florida Constitution.
(3) The development of recommendations to all
Constitutional Revision Commissions.
(4) To review and respond to the work of other
commissions, task forces, councils, and committees
of the judicial, legislative and executive branches, and
The Florida Bar, which may consider matters having
policy, funding, or operational implications for the judicial
branch and the justice system.
(5) To provide a liaison with private sector entities
with an interest in the court system, including the
Florida Council of 100.
(b) Schedule of Reports.
(1) The Judicial Management Council shall prepare
an annual report on its activities, along with recommendations
on substantive legislation and budget
resources, which shall be presented to the chief justice
and the supreme court on October 1 of each year.
(2) The Judicial Management Council shall prepare
a biennial review of the judicial branch’s longrange
strategic plan and formulate recommendations
for a 2-year operational plan based on such review,
which shall be presented to the chief justice on July 1
of each even-numbered year.
(3) The Judicial Management Council may prepare
other reports as it deems necessary, which shall be
presented to the chief justice or the supreme court upon
completion.
(c) Supreme Court Action on Recommendation
by the Judicial Management Council. The chief
justice or the supreme court may take any or all of the
following actions on recommendations made by the
Judicial Management Council:
(1) Direct that action be taken to influence or
change administrative policy, management practices,
rules, or programs that are the subject of the recommendations.
(2) Include the recommendation in the State
Courts System’s legislative agenda or budget requests.
(3) Refer the recommendation back to the Judicial
Management Council with an indication that:
(A) the Judicial Management Council shall undertake
further study;
(B) the supreme court takes no position on the
issue and encourages the Judicial Management Council
to take whatever further action on the matter the
Judicial Management Council deems appropriate; or
(C) the supreme court disapproves of the recommendation
and directs either reassessment of the
recommendation or no further action by the Judicial
Management Council.
(4) Refer the recommendation to other entities,
such as the Florida Legislature, the governor, the cabinet,
executive branch agencies, or The Florida Bar, as
the supreme court deems appropriate.
(d) Membership and Organization. The membership
of the Judicial Management Council shall be
appointed with the intention of ensuring diversity and
representation of groups involved in or affected by the
judicial system.
(1) There shall be 21 official members of the Judicial
Management Council, to be appointed by the chief
justice, which shall include:
(A) one supreme court justice;
(B) two district court of appeal judges, to be
nominated by the Florida Conference of District Court
of Appeal Judges;
(C) two circuit court judges, one of whom shall
be an active chief judge, to be nominated by the Florida
Conference of Circuit Judges;
(D) two county court judges, to be nominated by
the Conference of County Court Judges;
(E) one state attorney, to be nominated by the
Florida Prosecuting Attorneys Association;
(F) one public defender, to be nominated by the
Florida Public Defenders Association;
(G) the attorney general or the attorney general’s
designee;
(H) one clerk of court, to be nominated by the
Florida Association of Court Clerks;
(I) two representatives of The Florida Bar, one
of whom shall be a member of the board of governors,
to be nominated by the board of governors;
(J) one representative of the governor’s legal
office, to be designated by the governor;
(K) one member of the Florida Senate and one
member of the House of Representatives;
(L) four public members; and
(M) one member of the Florida Council of 100,
to be nominated by the Florida Council of 100.
(2) The legislative members shall serve as ad hoc,
voting members, whose absence shall not be considered
for purposes of determining whether a quorum is
present at meetings.
(3) The chief justice may appoint no more than 8
members at large who shall serve as voting members
for a term of 3 years.
(4) The chief justice or the chief justice’s designee
shall serve as chair of the Judicial Management Council.
(5) To ensure continuity through the Judicial Management
Council’s development of a long range strategic
plan for the judicial branch, the original members
of the council shall be appointed for a term of 3 years.
The members’ terms thereafter shall be on a staggered,
multi-year basis, to be designated by future administrative
orders of the chief justice.
(6) The Judicial Management Council shall establish
a committee structure and procedures that ensure
broad-based involvement of and input from interested
constituencies. The Judicial Council shall have the
authority and resources to improve its inclusiveness
through a variety of means, such as:
(A) establishing committees or subcommittees
that include persons who are not members of the Council
but whose input may be needed on selected issues;
(B) referring matters to existing groups or committees,
such as committees of The Florida Bar, for
comment and recommendations;
(C) conducting focus groups, workshops, and
town hall type meetings;
(D) conducting public hearings; and
(E) conducting surveys.
(7) The Judicial Management Council shall explore
and recommend appropriate protocols for information
sharing and coordination of work by the various
committees that have been created by the court system.
When appropriate, the Judicial Management
Council
shall include such committees in the process of developing
the long-range strategic plan.
(e) Staff Support and Funding. The Office of the
State Courts Administrator shall provide primary staff
support to the Judicial Management Council. Adequate
staffing and other resources shall be made available
to the Office of the State Courts Administrator
to
ensure the effective and efficient completion of tasks
assigned to the Judicial Management Council. Sufficient
resources shall also be provided for meetings of
the Judicial Management Council and its committees
or subcommittees, and other expenses necessary to the
satisfactory completion of its work.
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