TBD | IOP 5.1 - 1DCA (FL)

The clerk prepares the court calendar and assignment of judges to panels under the supervision of the chief judge. In preparing the schedule, the clerk assigns the judges to merits panels and writs and motions panels. The merits panel assignments are made using a blind draw system in a manner that neither judges, lawyers, nor litigants have any influence in selection of any judge or panel to consider any particular case.

5.1.1 Emergency Panels

Writs and motions panels decide all motions not decided by the chief judge or acting chief judge that are filed prior to the time of the assignment of the case to a merits panel. In addition, writs and motions panels dispose of extraordinary writ petitions, including those assigned for consideration of whether to order a response to the petition. Suggestions filed under Rule of Appellate Procedure 9.125 shall be assigned, out-of-cycle, to the writs and motions panel serving at the time the suggestion was filed. In supervising the preparation of the court calendar, the chief judge shall designate in advance the day and time each weekly panel’s service will begin and end. The Chief Judge may direct the extent to which attorneys on the court’s central staff shall be responsible for aiding the weekly panels.

5.1.2 Emergency Matters

Emergency matters consist of petitions, cases, and other filings requiring immediate attention. Such matters shall be assigned to the writs and motions panel serving at the time the matter requiring immediate attention was filed. Upon assignment to a writs and motions panel, the clerk shall assign the case to that panel for ultimate disposition. Attorneys on the court’s central staff shall be responsible for aiding the panel in the resolution of emergency matters, unless the primary judge assigned to the matter affirmatively indicates to the director of central staff that assistance from central staff is not necessary. If an emergency matter is filed in a case that has already been assigned to a regular merits panel, then the clerk shall assign the matter to that merits panel. Suggestions filed under Rule of Appellate Procedure 9.125 shall not receive emergency treatment, regardless of how the suggestion is characterized.

5.1.3 Merits Panels

Appeals that have matured, meaning that all briefs have been filed, or the time for filing has passed, and the record has been filed, are assigned to one of the regular merits panels. Each judge on a merits panel will be the primary judge on one-third of those cases, with the assignment of the primary judge being made in the clerk’s office by random selection. When a judge is primary on a case, he or she makes the initial determination of whether oral argument will be granted, presents the case at conference or by circulation, and has responsibility for preparation and distributing a summary of the case to each member of the panel. The merits panel also rules upon any motions filed in the appeal after it is assigned to the panel. The summary is provided to the panel along with the briefs, any appendices, and other conference materials, which typically include excerpts from the record, copies of opinions, and copies of relevant statutes or rules.

5.1.4 Expedited Processing of Certain Cases Involving Children

Consistent with the Florida Court System’s emphasis on cases affecting children, this court has accelerated procedures for processing appeals involving the Termination of Parental Rights and Finding a Child Dependent. This court also expedites certain other categories of cases, including Juvenile Delinquency, Family Law cases affecting child custody or support, Baker Act Appeals, and other cases individually expedited by court order.

Cases that appear to address termination of parental rights or child dependency are reviewed by the court staff immediately after they are filed to identify any jurisdictional defects and to determine if the case is properly classified as a termination or dependency case. The court then issues an order which:

(1) expedites the case;

(2) provides that extensions of time will not be granted to court reporters, lower tribunal clerks charged with preparing the record, or to the parties, except when emergency circumstances are shown; and

(3) requires the appellant to notify the court of the name and address of the court reporter who is to prepare any transcripts.

To help ensure prompt identification of expedited cases by all court personnel, all termination of parental rights and dependency cases are marked as such in the court’s case management system.

Prior to being assigned to a panel of judges for merits consideration, each dependency and termination case is reviewed weekly in the clerk’s office to ensure that it is proceeding in accordance with the rules. If action is required to assure that the case is treated by the parties as an expedited case, the court will issue any necessary orders. These expedited cases are assigned to regular merits’ panels for a decision in certain predesignated expedited case slots that are held for sensitive cases. If even quicker action is required the case will be assigned to the weekly emergency panel. Further, law clerks, judges and panels are expected to review dependency and termination of parental rights cases and other expedited cases ahead of their other cases.

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IOP 5.1 | SCHEDULING AND ASSIGNING CASES

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