Courts, Sanity and Panic
Do you want to drive to Miami-Dade for jury duty? Do you need access to family court? Do you need Probate Court? Real Estate/ Landlord Tenete [sic] Court? Traffice [sic] or criminal court?
There is a lot of dire and alarmist missives being advanced about a proposal to merge the 11th Judicial Circuit (currently consisting of Miami-Dade County) with the 16h Judicial Circuit (currently consisting of Monroe County). Much of what is being said about the proposal is not true and some of it is downright harmful to the interests of our county. So, let’s step back and take a look.
Florida has 67 counties. The Florida trial court system is divided into 20 circuits.
Ok. Again. 67 counties, 20 judicial circuits.
Of the 20 circuits, only 5 are one county circuits. In other words, only 5 of Florida's 67 counties have a circuit to themselves. The other 62 are part of larger aggregations with neighboring counties
Listening to local alarmists only, one might conclude that in 62 Florida counties there's no real local court presence and everyone has to go to one of only 15 locations in some distant county. But that isn't true. Florida has 20 Circuit Court circuits, but 67 local divisions (we call them counties) where court activities take place. Merging or altering judicial circuits does not change that.
A local Facebook posting
Currently Monroe County is one of the five (5 out of 67) counties that are in a single county judicial circuit. The proposal that has generated so much heat (but limited light) is to combine our judicial circuit (the 16th) with the neighboring one containing Miami-Dade County (the 11th).
Part of the conceptual problem for Keys residents is that Miami-Dade is so much bigger that one might fear that Miami-Dade is going to absorb Monroe. But that is not technically true. Most of the circuit administrative functions will be centered in Miami. But on the citizen level, when interacting with the court system, merger of the 11th Circuit and the 16th Circuit would not change much.
To understand why this is so, consider the 8th Judicial Circuit. It is comprised of six counties - [county name followed by county seat in parenthesis] Alachua (Gainesville), Baker (Macclenny), Bradford (Starke), Gilchrist (Trenton), Levy (Bronson), and Union (Lake Butler).
If you are like most people in south Florida, you may never have heard of any of the county seats other than Gainesville (home of the University). That's because all of the six counties except Alachua are small and rural. But Alachua does not rule the other five.
Make it stand out
In every one of the counties business is conducted in the county where a citizen lives. Nobody from Baker or Union counties has to go to Alachua for court services.
The non existent “threats”
So, what if consolidation of the 11th and 16th Circuits does take place? We know several things (predicted and proclaimed) that WILL NOT happen.
First, we are not going to lose our Clerk of Court. Under the Florida constitution every one of the 67 counties has a Clerk of Court. (In the 8th Circuit the other five have one just as Alachua does.) We'll have Kevin Madok as long as we keep electing him. And, if we choose to elect somebody else, it will be our prerogative as Monroe County voters (and we alone) to do so. Kevin will continue to maintain the court records for all sessions of court held in Monroe County. It's hard to imagine a need to go to Miami to get anything from the Clerk there. Indeed, the Clerk in Miami-Dade won't have Monroe County records.
Second, our County Court judges will scarcely be affected. Florida County Court judges (who preside over misdemeanor trials and small civil actions) are elected in the county by citizens of the county. This won't change. In the 8th Judicial Circuit the six counties share the allocated Circuit Court judges, but each has its own County Court judges.
Third, nobody is going to summoned to jury duty in Miami-Dade. Juries are summoned only for trials in their own county. Cases are tried where a criminal offense occurred or where ordinary venue rules dictate a civil case is filed. If a session of court is going to be held in the Plantation Key courthouse the jurors will all be from Monroe County. If a session of court is going to be held in a courthouse in Miami-Dade the jurors will all be from Miami-Dade. Remember, 62 Florida counties are already in multi county judicial circuits. Cross border raids for jurors do not happen there - or anywhere in Florida.
Some individuals might have cause for concern
So, what will become a little less locally specific?
The State Attorney (a/k/a the District Attorney in most other states - or the Commonwealth Attorney in Virginia) will be elected circuit-wide. That means our State Attorney will have a difficult career path. He can seek employment with the 11th Circuit State Attorney's office or he can run against her. Given that over 96% of the voters will live in Miami-Dade, the latter option might be a challenge. So, it is no surprise he is not in favor of consolidation.
The elected Public Defender is in the same boat and faces the same challenges.
This does not mean that Monroe County won't have a State Attorney or Public Defender. The newly merged circuit will have one and she/he will be ours just as much as she/he is the one for Miami-Dade. Their assistants will be available to work in our courthouses and, presumably, some of them will live in Monroe County.
The staff in both of the current 16th Circuit (Monroe) offices would seem to be ideal candidates for jobs as Assistant State Attorneys and Assistant Public Defenders with the newly merged circuit offices, though the politics of moving from one boss to another might also be a challenge.
For four judges… it’s complicated
The situation with the four Circuit Court judges is a little more complicated. We definitely need more information about transition - as it is unclear how the two circuits will be merged. (Though it is important is to remember that the proposal is a merger, not an acquisition.) It is likely that provision will be made in the short term for existing judges. And, assuming that Florida has correctly allocated resources, the merged district should require both the 4 slots currently allocated to Monroe and the 80 or so allocated to Miami-Dade. Nothing will prevent Monroe County lawyers or current judges from being elected (or appointed (to fill a vacancy) in the merged circuit.
In the long term, however, it might become a little harder for Monroe County residents to be elected in the new circuit. (Circuit Court elections are non-partisan and circuit wide.) A wise local judge can ameliorate this a bit by being active in circuit activities, seeking assignment from time to time in Miami-Dade and building relationships across the circuit. Monroe County voters (and the legal community) can play a role by uniting behind local candidates to maximize the votes we do have.
Our courthouses are probably safe
What about the three courthouses in Monroe (and attendant State Attorney, Public Defender, and Probation offices)? These are not likely under threat. In Florida, counties provide the courthouses. It's not a major state responsibility (though, from time to time the state does allocate money to help certain counties with courthouse improvements or renovations). Since the County Commissioners have provided three convenient sites (Key West, Marathon and Plantation Key), the Chief Circuit Court Judge, the Circuit State Attorney and the Circuit Public Defender will have every incentive to utilize them. It will be more convenient for jurors, witnesses, attorneys and their own employees. Plus, we will all (Monroe County residents) be their constituents. Yes, we are small in number, but wise public officials don't gratuitously anger voters.
So, where does this leave us? Frankly, we don't have enough information to know. And this is, unfortunately, because some local folks with a vested interest in the status quo, haven't bothered to ask pertinent questions and a lot of us (including this writer until recently) have been willfully gaslighted into shooting at phantom issues that don't and won't exist.
Historical aside…..
There was a point early in this country's history when Rhode Island (then, as now, the smallest state) and North Carolina (a modestly resourced place compared to its plantation enriched neighbors) almost rejected becoming part of the United States under the newly proposed Constitution. (In fact, both initially refused to ratify it.) There is always something comforting about going it alone with your own kind in situations where change seems scary. But the whole point of having a united country instead of a loose confederation of 13 little countries was to take advantage of scale and common resources.
What about resources?
So, rather than focus on nonexistent threats to our three courthouses, or not having court sessions in Monroe, or being dragged to Miami-Dade for trials, or losing our County Court judges, or losing our local Clerk of Court (none of which are real threats), let's talk about resources.
Monroe County constitutes less than one half of one percent (less than .05%) of the population of the state of Florida. Yet, when it comes to courts, many of the resources that are needed are supplied by the state. And those resources go far beyond state attorneys, public defenders, and judges.
Monroe County is aging. We have a ton of retired people and will have many more in the coming years. Some will become incompetent and will need court appointed guardians. Who is going to do that? Right now Monroe County shares a "public guardian" with six other counties in not one, but two, other judicial circuits (all on the mainland west coast, considerably more distant than Miami-Dade county). (The guardian actually is based in Collier County.)
Florida has a "Baker Act" allowing the involuntary committal for mental health treatment of individuals deemed a threat to themselves or others. That often requires court appointed professionals like psychiatrists. Family law cases (especially things like involuntary removal of children or termination of parental rights) require their own list of outside professionals. Generally, such professionals are on an approved list in each judicial circuit ready for a judge to appoint them to a given case. But, only if they exist in a locality and are willing to serve.
Language can be a major problem in the court system. In addition to Spanish, many of our local residents speak Haitian Creole. Do we have certified Creole interpreters for both courtroom work and for interfacing with the justice system in other interactions? (Probation, interviews with potential witnesses or crime victim interviews, for example.)
Once one steps back from the instinctive (and very understandable) fear of being swallowed up by Miami-Dade, one sees that there may be opportunities in a partnership. Or perhaps a marriage. Or a merger. Hostile takeover isn’t the only metaphor.
And clout?
The 11th Circuit (the feared Miami one) has some 80 circuit court judges. The State Attorney and Public Defender offices are large enough to allow for a lot of specialization and tons of collective legal knowledge. They have social workers and advocates. But, perhaps most importantly, they have clout. We can share in all of that.
Monroe has less than .04% of Florida's population. Miami-Dade has over 12% of the state's population (and a resulting share of representation in the state legislature). It is a huge swing county with huge heft in state politics.
Does this mean, after all these years of quasi independence as the Conch Republic that we intend to give any of it up? I hope not. But there may be something to be said for a strategic alliance. A merged judicial circuit would be a multi county one (just like 15 of the existing 20). It would reduce the number of counties in single county circuits from 5 to 3 - hardly a revolution in Florida practice or procedure.
The Chief Circuit Court Judge for the merged circuit would serve both counties. Every one of the 80 or so judges (plus, hopefully the slots already allocated to our existing small circuit) would also be our judges and we would become their constituents. Circuit Court would continue to be held in Monroe as always. When professionals (such as appointed attorneys, medical professionals, social services professionals, etc.) are needed, our judges may be able to draw of a much larger list of resources.
If a merger works right, there won't be Miami-Dade judges or Monroe judges. Not Miami-Dade prosecutors or Monroe public defenders. But, instead, judges, prosecutors, and defense attorneys of a multi-county judicial circuit. (Just as is already the case in 62 of Florida's 67 counties). The world will not end.
[I suppose Wales could declare its independence from the United Kingdom. But whatever cultural satisfaction might come from that would have to be balanced by the practical aspects of losing the clout (and defense advantage) to being part of a bigger entity. Sometimes resources and economies of scale really do matter.]
Hyper local… at what cost?
A popular tee shirt sold on Duval Street says "A good lawyer knows the law. A great lawyer knows the judge." It is sort of a joke. Sort of. But, in reality, one of the pitfalls of small towns is that "home cooking" (when all the insiders know each other and defer to each other) can become the norm. Great for insiders. A lot less so for the less well connected.
We've been lucky that "home cooking" hasn't become part of the local legal culture. (That’s true, isn’t it?) But it is of note that living in a small bubble has its own challenges. Personally, if in court, I'd feel a lot better knowing it isn't that important who knows the judge, and a lot more important to know that the judge and the legal system have the resources they need to conduct business.
Choosing carefully - real questions for the future
Our existing 16th Judicial Circuit is by far the smallest (by population) in the state. The next smallest one, comprised of seven rural counties in the panhandle, has two and one half times as many people. Because of important environmental laws (leading to ROGO and BPAS ordinances) our share of the state's population is destined to shrink further in coming years. We need to pick our battles carefully.
The state may very well seek economies of scale, and the perceived potential ease of administration resulting from a merger whether we like it or not. If we are busy spouting off about nonissues (like not having court here, being summoned to trials in Miami, losing our Clerk, etc., etc.) instead of asking truly pertinent questions then we will miss an important opportunity. For starters, these questions might include:
What happens to our existing four judges?
How will the 11th Circuit prosecutor and public defenders integrate their highly specialized teams into a county where being a "Jack or Jill of all trades" might be more important than specialization?
Can we gain assurances that 11th Circuit positions like Assistant State Attorney, Assistant Public Defender and court administration staff will be open to Monroe County residents?
Likewise, will the unified State Attorney and Public Defender offices seriously consider existing Assistant State Attorneys and Assistant Public Defenders for continued employment?
Will court administration maintain use of our three courthouse facilities?
Will being willing to travel to Monroe venues be a factor when evaluating whether to include professionals on court appointment lists maintained by the Circuit?
All of these questions have actual salience in what should be a reasoned discussion.
I don't pretend to know our best course of action, but I feel sure it isn't the gut reaction (and deliberate misinformation) that has dominated the discussion so far.
We are small. We are quirky. But we can also be nimble and smart. Let's demonstrate that and ask some pertinent and truly important questions. Our future may depend on it.
[Note: Ray Warren, a full time resident of Key West, served seven years as a Superior Court Judge (equivalent to a Florida Circuit Court Judge) in another state in the 1990’s.]