Chief Justice Muñiz discusses ongoing civil justice reforms and the need for judicial independence at Board of Governors meeting
Chief Justice Carlos Muñiz said the goal of recent civil justice reforms is to reduce the cost of litigation and make the courts function more efficiently.
New civil justice reforms “are a work in progress,” and Florida Bar leaders can help counter a growing threat to judicial independence, Chief Justice Carlos Muñiz told the Board of Governors.
Addressing a January 17 Board of Governors meeting in Tallahassee, Muñiz said justices have been watching closely since January 1, when the reforms, contained in amendments to procedural rules, took effect.
Justices are open to further refinements — “nothing is final” — and are aware the changes are significant, he said.
“Especially in the short term, it makes a lot of demands on judges and lawyers to maybe change the way they have been doing things for a long time.”
The goal is to reduce the cost of litigation and make the courts function more efficiently, he said. That should help remind lawmakers that the courts are a wise investment of taxpayer dollars, Muñiz said.
“Hopefully, all of these changes together will help us make the case that the judicial branch is focused on serving the people, that we are trying to be efficient, and that when the Legislature invests in the branch it . . . benefits the public.”
Muñiz also referred to critics, some of whom doubt Florida trial judges can actively manage a docket that, in many instances, contains thousands of cases.
“The thing we have been hearing from lawyers and judges is, you are increasing our duties and responsibilities, do you have the assets?” he said.
Muñiz referred to the Supreme Court’s December 12 certification of the need for 50 additional judgeships, which includes 25 county court judges, 23 circuit judges, and two Sixth District Court of Appeal judges.
He also assured that the courts have made a “robust” legislative budget request that calls for significant technology enhancements and more due process resources, among other things.
The certification follows the Legislature’s decision last year to fund nine new judicial positions.
How lawmakers respond to the latest funding requests remains to be seen, Muñiz said, adding that legislators this year are calling for more austerity.
Muniz also urged board members to read the “2024 Year End Report on the Federal Judiciary” by U.S. Supreme Court Chief Justice John G. Roberts, Jr.
In it, Roberts acknowledges that tension between the executive, legislative, and judicial branches is healthy, that adverse court decisions will always generate criticism, and that some court decisions have been “egregiously wrong.”
“Unfortunately, not all actors engage in ‘informed criticism,’” Roberts writes.
The report then points to four troubling trends.
“I feel compelled to address four areas of illegitimate activity that, in my view, do threaten the independence of judges on which the rule of law depends: (1) violence, (2) intimidation, (3) disinformation, and (4) threats to defy lawfully entered judgments.”
The Florida Supreme Court is working to increase security for judges and court personnel, Muñiz said.
But when it comes to a general loss of trust and confidence in public institutions, Florida Bar board members, who come from every circuit in the state, are well positioned to help friends and neighbors better appreciate the vital role judicial independence plays in the American system, Muñiz said.
That doesn’t mean being a “mouthpiece” for the Supreme Court, he assured.
“More just to sort of use your natural leadership in the community, people look up to you to understand how the system works and what the larger principles are,” he said.
Respect for judicial independence requires nurturing, Muñiz said.
“The idea of the rule of law, the idea of judicial independence, is just something that’s very precious, it’s not something that necessarily is going to sort of spontaneously be protected or thrive.”
Justice Jorge Labarga
Earlier in the day, Justice Jorge Labarga addressed the board, before a scheduling conflict forced him to leave early.
Labarga quipped that his reputation for filing lone dissents doesn’t mean he always disagrees with his colleagues, or that the court is bitterly divided.
“We have an extremely collegial Supreme Court, we enjoy going out to lunch, we have good friendships,” he said. “I guarantee you, 99% of all my opinions are concurrences.”
A former prosecutor and a 16-year veteran of the Supreme Court, Labarga will be forced by a Constitutional age restriction to step down in three years.
He expressed a concern about declining professionalism as the Bar continues to grow.
Any lawyer who fires off a sharply worded email would be wise to wait before pushing “send,” Labarga advised.
“I don’t know of anybody who ever regretted not sending that email,” he said.
In other business, the Board of Governors voted, without objection, to accept the latest Florida Bar audited financial statement for the fiscal year ending June 30, 2024.
Conducted by Maudlin and Jenkins in accordance with auditing standards generally accepted in the U.S., and applicable standards in the Government Auditing Standards, the audit was reviewed with the Audit Committee.
As part of the report, the auditors issued a clean opinion. Highlights include:
- The Florida Bar’s total net position increased approximately $6.7 million (or 9%) in FY24 as compared to FY23. The increase was largely caused by strong investment performance resulting in positive returns on The Florida Bar’s investments. The market value adjustment on investments noted an approximate increase of $3.9 million and The Florida Bar generated realized investment income of nearly $2.5 million.
- Total operating revenues for FY24 increased by approximately $500,000 (or 1%) as compared to FY23. The increase in FY24 was primarily due to increased membership. Total operating expenses increased by approximately $3.3 million (or 7%) in FY24 as compared to FY23. A 5% raise to eligible employees, effective September 2023, along with the addition of two division directors and the filling of several vacant positions, and additional client security fund claims largely contributed to the noted increase.
In other action, the board:
- Voted without objection to approve a Disciplinary Procedure Committee proposal to revise Rule 3-7.4 (Grievance Committee Procedures) that would make it clear that a majority vote of a grievance committee is required for all decisions, not just those related to a probable cause finding, sponsors note.
- Voted without objection to approve amendments to Bylaw 2-3.11 (Electronic Meetings). The revisions would add language that, among other things, makes the bylaw more consistent with Roberts Rules of Order, and would “remove any ambiguity that [Florida Bar] committees can vote by email,” sponsors note.
- Voted to appoint Jacksonville attorney Lynn Drysdale, and Miami attorney Miriam S. Ramos, to serve three-year terms, beginning July 1, 2026, on the FFLA Board of Directors.
- Voted to appoint board member John Schifino, a Tampa attorney, to the Executive Committee.
