Gov. Charlie Crist signed legislation June 18 that subjects the clerks of the court's budgets to the state appropriations process. SB 2108 was compromise legislation, put forth by Sen. Ken Pruitt, R-Port St. Lucie, and Rep. Ellyn Bogdanoff, R-Ft. Lauderdale, that gives the Legislature oversight of the clerks’ budgets — for their court-related functions only — which is consistent with how the Legislature oversees budgets for the courts and all other state entities with localized offices. Ninth Circuit Chief Judge Belvin Perry, chair of the Trial Court Budget Commission, said the bill’s signing puts all the components of the court system on equal budget footing.

The pros and cons of shackling juveniles

At oral arguments at the Florida Supreme Court, Sixth Circuit Judge Raymond Gross defended restraining children in juvenile court, calling the term “shackling” an emotion-charged “pejorative.” “They have handcuffs in the front, and they have a leg restraint, which is a cuff on each leg with 16 inches of chain that allows them to walk at a normal gait. The only thing it prohibits is running. I would suggest to you if you saw a child with those restraints and you weren’t looking, you wouldn’t even be conscious that they have them on . . . . We’re not talking about belly chains,” Judge Gross explained. Justice Fred Lewis let his annoyance show. “Well, what do you call it when you put chains, when you put restraints around a young person’s feet and chains to their waist?” Justice Lewis asked. “I’m sorry. I consider it very offensive for a judge to stand before us and say, ‘Oh, you’re just making a big deal about nothing.’ To me, there is something about this, and it’s not just a pejorative.”
Who's responsible for housing the state's conflict counsels?

The battle over who is responsible to pay the overhead costs of the Offices of the Criminal Conflict and Civil Regional Counsels was argued at the First District Court of Appeal in June. The state is appealing a Second Circuit ruling that found that Legislature ran afoul of the Florida Constitution by requiring counties to fund the OCCCRCs.

Arizona's e-filing pioneer: Biggest barrier is changing people
Rarely does he touch a piece of paper, as Arizona Court of Appeals Judge Phil Espinosa works on a case. A trio of flat-screen monitors lines his desk. The first screen displays the decision he is writing on his word processor. The second screen is filled with the record on appeal and a listing of items he can click on to read. And the third screen makes ready the complete trial transcript that he can search and cut and paste.

Legislation of Interest to the Profession

50-year members of The Florida Bar 1959-2009