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Bill would force case reporting requirements on Supreme Court

A bill filed Thursday in the Florida House would force the state Supreme Court to produce a yearly report on how many cases it’s finishing with opinions.

It seems to go against the court’s official Latin motto, “Sat Cito Si Recte,” translated as “Soon enough if done correctly,” or even “Justice takes time.”

“The phrase indicates the importance of taking the time necessary to achieve true justice,” the court’s website says. Supreme Court spokesman Craig Waters declined comment on the bill.

The legislation (HB 301), filed by new Republican state Rep. Frank White of Pensacola, would require the court to tally in detail “each case on the court’s docket … for which a decision or disposition has not been rendered within 180 days.” 

It then requires a “detailed explanation of the court’s failure to render a decision or disposition” in pending cases older than six months.

The bill also instructs the court to tally cases it decided in the previous year but took longer than six months.

The report “shall be submitted in an electronic spreadsheet format capable of being sorted” and sent to “the Governor, the Attorney General, the President of the Senate, and the Speaker of the House of Representatives.”

In a phone interview Friday, White – an attorney – said he started hearing from constituents soon after his election about “painfully long wait times for appellate opinions.”

“I thought, let’s just simply ask the court, starting with the Supreme Court, for a modest report,” he said. “A little sunshine and some data will all help us do a better job.”

To those who bring up the court’s motto, he counters with another expression: “Justice delayed is justice denied.”

Waters did say the court currently has 785 pending cases. “By comparison, the court disposed of 2,432 cases in calendar year 2016,” he said, adding that number “is subject to correction as we routinely audit the final results.”

Coincidentally, the bill is the latest legislation from a Republican-controlled House that’s long been antagonized by rulings its leaders have characterized as “judicial overreach.”

In October, for example, House Speaker Richard Corcoran lambasted a decision invalidating part of the state’s death penalty.

The ruling, requiring a unanimous jury recommendation for a death sentence, “is just the latest example of the Florida Supreme Court’s ongoing effort to subvert the will of the people as expressed by their elected representatives,” Corcoran said.

The House also is considering a measure for the 2017 Legislative Session that would impose term limits on judges. At its last hearing, the panel reviewing the legislation also discussed how quickly courts are clearing their caseloads.

Earlier this month, Heather Fitzenhagen – chairwoman of the Civil Justice and Claims Subcommittee – rejected a suggestion that House Republicans want to publish the court for rulings striking down the GOP’s priorities. White also sits on that committee. 

“Absolutely not,” she said. “What we’re trying to do is … (make) sure that all of our branches of government are functioning at the best possible efficiency, and that we’re getting things done in the best manner possible. That justice is served in a timely manner.”

Written By

Jim Rosica is the Tallahassee-based Senior Editor for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at jim@floridapolitics.com.

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