Measure would revamp how judges are trained
Measure would revamp how judges are trained
Takes oversight away from the Supreme Court
Senior Editor
A bill that removes oversight of judicial education from the Supreme Court and limits the number of employees devoted to judicial education has passed the House Civil Justice Subcommittee.
Filed by Rep. Cord Byrd, R-Jacksonville Beach, HB 175 would revamp The Florida Court Education Council to be made up of the chief judges of the five district courts of appeal and the 20 trial circuits. It also mandates that the council be located in the Orlando area and operate as its own entity.
Currently, the Supreme Court oversees the FCEC and picks its members.
Byrd told the committee on February 9 he became concerned because he thinks administrative costs are too high in the present judicial education system and have steadily increased over the past 15 years. He argued that 44 percent of all funds coming into the judicial education trust fund are going for administration, and, of new monies going into the fund, about twice as much goes for administration as for education.
The bill caps administrative costs at 15 percent, Byrd said. He said 15 years ago, only three Office of the State Courts Administrator employees worked on judicial education paid by the court education trust fund, which accounted for 23 percent of the fund costs. He said when OSCA staff was reduced, the education employees were transferred to the trust fund and paid through it. But when OSCA’s budget was restored and court education personnel hired, the existing employees paid by the trust fund stayed there, ballooning the employees devoted to judicial education.
The employees only do record-keeping, budgeting, travel reimbursement, and other administrative tasks, he said, while the education is done by judges. “I don’t think we need 17 people to accomplish that [administrative] task,” Bryd said.
But Rep. John Cortes, D-Kissimmee, said judges have told him the employees help in the schooling of the judges. Byrd said court reports indicated otherwise, but conceded since the bill was filed, the court has provided updated information.
Even if that is the case, “We can do better than we are doing,” Byrd said.
“Nothing in this bill suggests that judges should have less education. In fact, my goal and my purpose are to ensure that our judges across Florida are getting the education they need.”
Rep. Sean Shaw, D-Tampa, said court officials have told him that three employee positions won’t be enough and that current employees prepare course materials and other necessary work.
The bill ultimately passed 11-5. Cortes said he would support the bill at the subcommittee but expects Byrd to work closely with the court to provide updated information as the bill moves forward in the Legislature.
No one representing the court system testified at the meeting. After the meeting, State Courts Administrator PK Jameson said purely administrative costs of the current education program are 12 percent and other employees work on curriculum development, programming, and related activities. Cutting staff would force judges to rely on more expensive and less available out-of-state programs, she said.
“While the courts very much appreciate the sponsors’ goal of reducing the cost of court education, the Office of State Courts Administrator clearly has some work to do to better inform the members on how court education is delivered in Florida,” Jameson said. “Education and training are critical for judges who are deciding issues involving fundamental interests of the citizens, including life and liberty. The courts are keenly aware of our responsibility as stewards of taxpayer dollars. This is foremost in our approach to all of our work, including court education.”
There are 3.5 full-time positions (12 percent of the total costs) doing purely administration jobs. Another 11.5 positions work on “curriculum development and all aspects of programming to provide training and education to 992 judges statewide,” she said.
“The current structure is more cost effective than purchasing similar courses out of state. Administrative costs under the current model are limited. Most teaching is done by judges and court staff. We think we are very efficient providing more than 3,245 judges and court staff in-person training with funding provided by the Court Education Trust Fund. If the same level of education had to be purchased outside the court system, the cost would be significantly higher. However, we recognize there are many ways to provide services, and we are open to ideas to improve services and reduce costs.”
HB 175 next goes to the Justice Appropriations Subcommittee on February 22 (after this News went to press) and then the Judiciary Committee. A similar bill, SB 748, has been filed in the Senate and has been assigned to the Judiciary, Appropriations Subcommittee on Criminal and Civil Justice, and Appropriations committees.