Florida District Courts of Appeal: Difference between revisions
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::''See also: [[Florida intermediate appellate court elections, 2020]]'' | ::''See also: [[Florida intermediate appellate court elections, 2020]]'' | ||
The terms of 25 [[Florida District Courts of Appeal]] justices {{Greener | start=01/ | The terms of 25 [[Florida District Courts of Appeal]] justices {{Greener | start=01/05/2021 9:00pm CST | before=will expire | after=expired}} on January 5, 2021. The 25 seats {{Greener | start=11/03/2020 9:00pm CST | before=are | after=were}} up for [[retention]] election on November 3, 2020. A full term on the court is six years. Twenty-four judges filed to run for retention in 2020. One judge did not file to run for retention.<ref>[https://dos.elections.myflorida.com/candidates/CanList.asp ''Florida Division of Elections'', "Candidate Listing for 2020 General Election," accessed April 28, 2020]</ref> | ||
===2018=== | ===2018=== | ||
:''See also: [[Florida intermediate appellate court elections, 2018]]'' | :''See also: [[Florida intermediate appellate court elections, 2018]]'' | ||
Revision as of 22:30, 30 September 2020
The Florida District Courts of Appeal (DCAs) are the intermediate appellate courts in Florida. There are five districts, each encompassing multiple counties. The courts were established in 1957. This marked the first intermediate appellate courts in the state. Prior to their creation, the Florida Supreme Court received all of the appeals from the state trial courts, and the docket was becoming congested.[1]
There are 64 DCA judges in Florida as of 2015, up from 61 in 2013. In 1972, there were only 20 (five judges each in districts 1 through 4, while the 5th district did not yet exist). When the 5th district was created in 1979, the total number of DCA judges had become 39. The number climbed over the years; there were 46 judges in 1982 and 57 in 1989. From 1999 to 2007, the total was 62. The number of judges in the 3rd district was reduced from 11 to 10 in 2007, bringing the number back to 61.[2][1]
Cases in the DCA are heard by three-judge panels. Each district court has a chief judge, who is selected by the body of judges. In general, the decisions made in the DCA are viewed as final judgments. Further appeals can be made to the Florida Supreme Court, but the state's highest court is not required to accept a case.[1]
Districts
Five districts make up the District Courts of Appeal.
| District | Number of judges | Location | Jurisdiction |
|---|---|---|---|
| First District Court of Appeal | 15 | Tallahassee | Circuits 1, 2, 3, 4, 8, and 14 |
| Second District Court of Appeal | 16 | Lakeland with a branch in Tampa | Circuits 6, 10, 12, 13, and 20 |
| Third District Court of Appeal | 10 | Miami | Circuits 11 and 16 |
| Fourth District Court of Appeal | 12 | West Palm Beach | Circuits 15, 17, and 19 |
| Fifth District Court of Appeal | 11 | Daytona Beach | Circuits 5, 7, 9, and 18 |
Cases
The DCAs take appeals from the lower courts. They also hear administrative law appeals from the executive branch's governmental actions and review decisions from county courts that have overruled the Florida Constitution or state statutes.[1][3]
Number of DCA filings in each case category for fiscal year 2012-2013:
- Administrative: 1,084
- Civil: 6,102
- Criminal: 9,342
- Criminal Post Conviction: 5,305
- Family: 1,382
- Juvenile: 1,185
- Probate/Guardianship: 230
- Workers’ Compensation: 231[3]
Budget
According to the 2013-2014 Florida State Courts annual report, the judicial branch accounts for 0.6 percent ($443,416,191) of Florida's total budget for the 2013-2014 fiscal year ($74,152,188,260). Of this, the district courts of appeal make up 9.2 percent, or $40,643,599.[3]
See also: Florida salaries and budgets
Judicial selection
Like Florida's supreme court justices, judges of the district courts of appeal are nominated by the state's judicial nominating commission and then appointed by the governor. They serve six-year terms and are re-elected through retention elections.[1]
See also: Judicial selection in Florida
Qualifications
To be considered for appointment, a candidate must be:
- a qualified elector;
- a Florida resident;
- admitted to practice law in Florida for at least 10 years;
- no more than 75[4]
Salary
The annual salary for judges of the Florida District Courts of Appeal has been $154,140 since 2013.[5]
Elections
To see results of district court of appeal elections, visit the individual district pages.
For details about Florida's judicial elections, visit the Florida judicial elections page.
2020
The terms of 25 Florida District Courts of Appeal justices expired on January 5, 2021. The 25 seats were up for retention election on November 3, 2020. A full term on the court is six years. Twenty-four judges filed to run for retention in 2020. One judge did not file to run for retention.[6]
2018
The terms of nineteen Florida District Courts of Appeal judges expired on January 7, 2019. All stood for retention by voters in 2018 in order to remain on the bench.
Ethics
The Code of Judicial Conduct for the State of Florida sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Florida. It consists of seven canons:
- Canon 1: "A Judge Shall Uphold the Integrity and Independence of the Judiciary"
- Canon 2: "A Judge Shall Avoid Impropriety and the Appearance of Impropriety in all of the Judge's Activities"
- Canon 3: "A Judge Shall Perform the Duties of Judicial Office Impartially and Diligently"
- Canon 4: "A Judge Is Encouraged to Engage in Activities to Improve the Law, the Legal System, and the Administration of Justice"
- Canon 5: "A Judge Shall Regulate Extrajudicial Activities to Minimize the Risk of Conflict With Judicial Duties"
- Canon 6: "Fiscal Matters of a Judge Shall be Conducted in a Manner That Does Not Give the Appearance of Influence or Impropriety; etc."
- Canon 7: "A Judge or Candidate for Judicial Office Shall Refrain From Inappropriate Political Activity"[7]
The full text of the Code of Judicial Conduct for the State of Florida can be found here.
Removal of judges
Judges in Florida may be removed in one of two ways:
- By a two-thirds vote of the senate after a two-thirds vote for impeachment by the house of representatives
- By the supreme court after a recommendation from the Florida Judicial Qualifications Commission[8]
Jurisdiction
Each county in Florida falls within the jurisdiction of one of the five district courts of appeal.
First District Court of Appeal
- First Circuit: Escambia, Santa Rosa, Okaloosa and Walton counties
- Second Circuit: Franklin, Gadsden, Jefferson, Leon, Liberty and Wakulla counties
- Third Circuit: Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor counties
- Fourth Circuit: Clay, Duval and Nassau counties
- Eighth Circuit: Alachua, Baker, Bradford, Gilchrist, Levy and Union counties
- Fourteenth Circuit: Bay, Calhoun, Gulf, Holmes, Jackson and Washington counties
Second District Court of Appeal
- Sixth Circuit: Pasco and Pinellas counties
- Tenth Circuit: Hardee, Highlands and Polk counties
- Twelfth Circuit: DeSoto, Manatee and Sarasota counties
- Thirteenth Circuit: Hillsborough
- Twentieth Circuit: Charlotte, Collier, Glades, Hendry and Lee counties
Third District Court of Appeal
- Eleventh Circuit: Miami-Dade County
- Sixteenth Circuit: Monroe County
Fourth District Court of Appeal
- Fifteenth Circuit: Palm Beach County
- Seventeenth Circuit: Broward County
- Nineteenth Circuit: Indian River, Martin, Okeechobee and St. Lucie
Fifth District Court of Appeal
- Fifth Circuit: Citrus, Hernando, Lake, Marion and Sumter counties
- Seventh Circuit: Flagler, Putnam, St. Johns and Volusia counties
- Ninth Circuit: Orange and Osceola counties
- Eighteenth Circuit: Brevard and Seminole counties
State profile
| Demographic data for Florida | ||
|---|---|---|
| Florida | U.S. | |
| Total population: | 20,244,914 | 316,515,021 |
| Land area (sq mi): | 53,625 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 76% | 73.6% |
| Black/African American: | 16.1% | 12.6% |
| Asian: | 2.6% | 5.1% |
| Native American: | 0.3% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 2.4% | 3% |
| Hispanic/Latino: | 23.7% | 17.1% |
| Education | ||
| High school graduation rate: | 86.9% | 86.7% |
| College graduation rate: | 27.3% | 29.8% |
| Income | ||
| Median household income: | $47,507 | $53,889 |
| Persons below poverty level: | 19.8% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Florida. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Florida
Florida voted Republican in five out of the seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, four are located in Florida, accounting for 1.94 percent of the total pivot counties.[9]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Florida had three Retained Pivot Counties and one Boomerang Pivot County, accounting for 1.66 and 4.00 percent of all Retained and Boomerang Pivot Counties, respsectively.
More Florida coverage on Ballotpedia
- Elections in Florida
- United States congressional delegations from Florida
- Public policy in Florida
- Endorsers in Florida
- Florida fact checks
- More...
Recent news
The link below is to the most recent stories in a Google news search for the terms Florida District Courts Appeal. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
- Florida Courts, "District Courts of Appeal"
- Florida Bar, "Florida Rules of Appellate Procedure"
- Online Sunshine, "Florida Statutes, Title V, Chapter 35: District Courts of Appeal"
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Florida Courts, "District Courts of Appeal," accessed April 24, 2014
- ↑ Florida Courts, "Judges - District Courts of Appeal 1972 Legislative Session through 2013 Legislative Session," accessed April 30, 2014
- ↑ 3.0 3.1 3.2 Florida Courts, "Florida State Courts Annual Report 2013-2014," accessed August 29, 2015pages 55-59
- ↑ American Judicature Society, "Methods of Judicial Selection: Florida," accessed August 29, 2015
- ↑ National Center for State Courts, "Judicial Salary Tracker," accessed August 29, 2015
- ↑ Florida Division of Elections, "Candidate Listing for 2020 General Election," accessed April 28, 2020
- ↑ Florida Supreme Court, "Code of Judicial Conduct for the State of Florida," accessed August 28, 2015
- ↑ American Judicature Society, "Methods of Judicial Selection: Florida, Removal of Judges," accessed August 28, 2015
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
Federal courts:
Eleventh Circuit Court of Appeals • U.S. District Court: Middle District of Florida, Northern District of Florida, Southern District of Florida • U.S. Bankruptcy Court: Middle District of Florida, Northern District of Florida, Southern District of Florida
State courts:
Florida Supreme Court • Florida District Courts of Appeal • Florida Circuit Court • Florida County Court
State resources:
Courts in Florida • Florida judicial elections • Judicial selection in Florida