## Facts

- Article V, section 9 of the Florida Constitution required the Florida Supreme Court to establish uniform criteria to determine whether Florida courts needed additional judges (or fewer judges) and, if so, to certify its findings and recommendations to the Florida Legislature before the next regular legislative session.
- The proceeding was an original, non-adversarial matter in which the Court carried out that constitutional duty rather than resolving a dispute between opposing parties.
- To make the annual certification, the Court used its uniform criteria set out by rule (including the judicial workload methodology reflected in Florida Rule of Judicial Administration 2.035) to evaluate statewide judicial need.
- The Court reviewed information regarding court workload and related conditions submitted through the state courts’ administrative process and compiled with the assistance of the State Courts Administrator.
- Based on the uniform criteria and the record assembled for the annual certification, the Court determined the specific number and placement of additional judgeships needed for the relevant fiscal cycle and prepared a certification for transmission to the Legislature.

## Issues

1. Under Article V, section 9 of the Florida Constitution and the uniform criteria established by rule, what increases (or decreases), if any, in the number of judges were needed in Florida’s trial and appellate courts for the upcoming fiscal year, and where should those judgeships be allocated?

## Decision

- The Court issued a per curiam certification that identified a need for additional judgeships as determined under the uniform criteria.
- The Court set out the certified need by court and location in its certification materials (including an appendix) and directed that its findings and recommendations be transmitted to the Florida Legislature as required by Article V, section 9.
- The Court recognized that the Legislature may implement the recommendations in whole or in part, or reject them, and that funding and authorization of judgeships remain legislative functions.

## Legal Principles

- Article V, section 9 requires the Florida Supreme Court to establish uniform criteria, by rule, for determining the need to increase or decrease the number of judges (other than supreme court justices) and to certify findings and recommendations to the Legislature when the Court finds a need.
- The certification process is an administrative, constitutionally required proceeding; it is not a merits decision producing an enforceable judgment between litigants.
- Uniform criteria are intended to ensure an objective statewide assessment of judicial workload and need, rather than a county-by-county determination based solely on preference.
- The Florida Constitution assigns distinct roles: the Supreme Court determines and certifies judicial need under uniform standards, while the Legislature decides whether to create and fund judgeships and whether to adopt the Court’s recommendations.

## Conclusion

In this original annual certification proceeding, the Florida Supreme Court carried out Article V, section 9 by applying its uniform, rule-based criteria to determine where additional judges were needed and by formally certifying its findings and recommendations to the Florida Legislature, leaving final authorization and funding decisions to the legislative branch.


In re Certification of Need for Additional Judges, 863 So. 2d 1191 (2003)