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There is a little-known tool hidden in the min. 2.140. The adoption of local rules – at least
bowels of the Rules of Judicial Admin-
istration that may be used to challenge administrative orders issued by circuit court chief judges. This rule allows nearly a direct path to the Florida Supreme Court for review of administra- tive orders to ensure that changes to court rules and procedures are given the proper level of pub- lic input and vetting.
Florida has a three level scheme of rule prom- ulgation for the judicial system, with each level having a different geographical and authoritative scope and a correspondingly different require- ment for public vetting. The three levels are: (1) court rules; (2) local rules; and (3) administrative orders.
Court Rules, of course, are statewide rules of practice and procedures applicable to all proceed- ings, parties and attorneys—such as the Rules of Civil Procedure. Fla. R. Jud. Admin. 2.120(a). Local Rules are rules for circuit or county courts that fill in the interstices of the court rules and otherwise implement the intent of those rules as necessitated by local conditions. Fla. R. Jud. Admin. 2.120(b)(1). Importantly, they cannot conflict with court rules and they must address a local problem, rather than statewide, problem.
Administrative Orders of circuit court chief judges occupy the lowest rung. They are direc- tives necessary to properly administer the court’s affairs, but not inconsistent with court rules (and presumably local rules). Fla. R. Jud. Admin. 2.120(c). The Supreme Court local rules commit- tee has said that administrative orders are appro- priate for “housekeeping chores” such as creating specialized divisions, assigning judges to divi- sions, assigning clerks or court deputies to par- ticular judges, regulating the use of courtrooms, and the like.
Proposed changes or additions to the court rules require considerable public input
and debate before they may be
adopted. Fla. R. Jud. Ad-
those proposed by a majority of judges in a cir- cuit – is somewhat less rigorous, but still require input from the local bar or “any other interested person” before they may even be submitted to the Supreme Court for approval. Fla. R. Jud. Ad- min. 2.215(e)(1). Appropriate committees of The Florida Bar and the Supreme Court local rules advisory committee are also expected to weigh in.
Administrative orders, however, require no public vetting and may simply be signed into ex- istence by the chief judge. The rules, therefore, provide a means to ensure that they do not in- trude upon matters that were reserved for court rules and local rules (and do not circumvent the vetting associated with them). Rule 2.215(e)(2) permits any attorney or judge to request an opin- ion from the local rules advisory committee as to whether an administrative order exceeds the in- tended scope of such orders. The committee will report its opinion to the Supreme Court, which will then act on that recommendation, including, if necessary, quashing the order.
This review of administrative orders is an im- portant check on the powers granted circuit chief judges. Strangely, however, the rules grant this di- rect route of review only to judges and attorneys. Given the large numbers of pro se litigants cours- ing through our judicial system and who are thus subject to such orders (not to mention the right of every citizen to participate in the process of legislating the government decrees they must live by), the rules should be amended to remove the requirement that one must possess a law license to invoke this vital review process.
Vol. 4 No. 3 Attorney at Law Magazine® Palm Beach County and Fort Lauderdale | 5
Direct Challenges to Administrative Orders
By Amanda Lundergan
Amanda L. Lundergan received
her bachelor’s degree in political science from Saint John Fisher College. She went on to receive her Juris Doctor from Florida Coastal School of Law. Amanda practices in the areas of complex civil litigation, commercial and residential foreclosures, bankruptcy, Engle Tobacco litigation and general civil litigation. She has handled hundreds of litigation matters including trials, depositions and appeals. In May 2012 she argued the pre-eminent foreclosure case, of Pino v. Bank of New York Mellon, before the Florida Supreme Court. For more information, visit www.icelegal.com or email [email protected].
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