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Foreclosure Defense Florida

Florida's Court System, Tragically and Dangerously Underfunded

The Importance of Our Courts

The endurance of the democratic self-government established by our Constitution ” is a tribute not only to the wisdom of that great document, but to all the citizens who, in our courts and legislatures, have fought to uphold its vital guarantees.”

President Ronald Reagan

Our courts, like the Legislature and the executive branch, are essential to making freedom, liberty, justice, and the rule of law realities every day and not just words in executive proclamations and congressional resolutions.

WHAT OUR COURTS DO

Courts are essential to our society and our economy as well as our democracy.
Florida courts are called upon to fairly and efficiently resolve cases that are extremely sensitive and important to individuals and to our economy as a whole: family cases, torts and injuries, business disputes. Florida courts are also called upon to keep Florida safe by fairly and efficiently handling criminal trials.
Our trial courts handle some 4.5 million cases annually. A 2008 survey found that nearly a third of Florida’s public has had direct experience with the courts in the past five years, either through their own experience or that of a close family member. The most common experience was in a family case, followed by a serious criminal case, and then by a traffic court case. And the number of mortgage foreclosure cases in Florida courts has risen over 600 percent in the last four years. This is the highest rate in the nation.

 FUNDING & WORKLOAD

National statistics show that Florida’s judiciary is lean. But our courts also have a national reputation for innovation and accountability.
Florida ranks low in the number of judges, but our state’s judiciary has a well-deserved reputation for being a national leader in innovation and accountability. There are many examples of that innovative spirit, ranging from cameras in the courtroom to drug courts to innovations in jury management.
Florida ranks fourth in population but 45th in judges per 100,000 people.  






States

(ranked by pop.)

Incoming Cases

Judges per 100,000 pop.

Judges per pop. rank

Workload per Judge

California

9,458,064

4.2

47

6,110

Texas

9,722,965

9.8

16

4,143

New York

4,245,351

5.7

36

3,849

Florida

4,742,391

4.7

45

5,476

Illinois

4,539,561

6.8

28

5,230

Florida’s judiciary is funded by less than 1 percent of the state budget.
Courts received just 0.7 percent of Florida’s current $70 billion budget. The bulk of this $462 million ““ nearly 85 percent ““ goes to trial courts, which are vital to public safety, economic prosperity, and the peaceful resolution of disputes. Appellate courts receive about 10 percent of our total budget.
Despite our state’s growing caseloads, the number of judges has remained frozen for the last four years (921 trial judges; 68 appellate judges). To determine how many judges Florida needs, our court system conducts a data-intense analysis required by the Legislature more than a decade ago. This analysis indicates that our unmet need for more judges has grown to 90 over the last four years.
Florida’s courts have seen their non-judicial workforce drop from 2,424.5 staff positions in FY 2007-08 to 2,139 positions currently. (These figures do not include the 989 judges and their judicial assistants).
Because of due process concerns, the judicial branch must first direct resources to the criminal justice system so that it doesn’t bog down due to an inadequate number of judges, court reporters, staff attorneys, interpreters, and other essential court staff.  This means budget cuts fall more heavily on civil disputes for businesses, citizens, and families.
Court revenues contribute to Florida’s budget.
Florida collected $1.1 billion in court fees, fines, and other court-related revenue in FY 2009-10. This money helps to fund the total justice system, which includes clerks of courts, prosecutors, and public defenders, as well as courts. In addition, some of this money goes into Florida’s general revenue fund.
The quality of justice is directly related to the quality of the judges who decide cases. We must attract lawyers of high integrity and intelligence to the bench.
Serving as a Florida judge is an honor and a trust. It is also a public service. And many times it is a financial sacrifice. That financial sacrifice has deepened in the past decade with our justices and judges being repeatedly passed over for basic cost-of-living increases given to most other state employees and also receiving a pay cut when the salaries of other state employees were not reduced.
Our ranking nationally has also fallen: A decade ago, Florida ranked fifth in salaries for trial judges; by July 2009, we ranked 14th. Inflation has also played its part in reducing the value of the salaries Florida pays its judges:
 

The American judicial branch ” is probably the most significant single contribution the United States has made to the art of government.”

U.S. Chief Justice William Rehnquist

In the United States, the judicial branch, operating as an independent and co-equal branch of government, has made the rule of law a reality and that has provided the foundation for all other freedoms.