Opinion
Opinion filed February 5, 2002.
INTRODUCTION
This manual of internal operating procedures is designed to: (1) assist practitioners; (2) orient new employees; (3) codify established practices and traditions; (4) protect and maintain the collegial decision-making process; and (5) make the judicial process more comprehensible to the general public. This manual neither supplants the Florida Rules of Appellate Procedure nor creates any substantive or procedural rights. The Court continually reviews and improves internal procedures, and the manual is revised from time to time as new procedures are officially adopted. The latest version of this manual is always posted on the Court's website athttp://www.flcourts.org/sct/sctdocs/bin/ioprocedures.html.
Section I. Court Structure.
A. Court Composition. The Supreme Court of Florida is composed of seven justices who serve terms of six years. Each justice, other than the chief justice, is authorized to employ three staff attorneys and one judicial assistant. The staff of the chief justice includes an executive assistant; two staff attorneys; four judicial assistants; an inspector general; a reporter of decisions; a director of public information; and a central staff of attorneys, one of whom serves as the director of central staff. Chambers for each justice, including the chief justice, are located on the second floor of the Supreme Court Building. Members of the public, including attorneys admitted to practice in Florida, are not permitted on the second floor unless they have obtained permission from a justice.
B. The Chief Justice. The chief justice is the administrative officer of the Court, responsible for the dispatch of the Court's business, and is also the chief administrative officer of the Florida judicial system. The chief justice has the power to make temporary assignments of senior and active justices and judges to duty on any court for which they are qualified. Traditionally, the chief justice is chosen by a majority vote of the Court for a two-year term beginning in July of every even-numbered year. Whenever the chief justice is absent, the most senior justice present becomes acting chief justice and may exercise any and all powers of that office.
C. The Administrative Justice. The administrative justice is appointed by the chief justice and has the authority to act on routine procedural motions and other case-related matters which do not require action by a panel of justices. The administrative justice also has the authority to direct that certain clearly defined types of writ petitions be transferred to a more appropriate court. The administrative justice advises the clerk's office and other Court staff on procedural issues which may arise in cases filed before the Court.
D. The Clerk. The clerk of the Supreme Court serves at the Court's pleasure and has administrative and clerical responsibilities. The clerk is authorized to appoint a chief deputy clerk, who may discharge the duties of the clerk during the clerk's absence, and such other deputy clerks as the Court deems necessary. The clerk's office receives all documents and other papers filed with the Court. Office hours are 8:00 a.m. to 5:00 p.m., ET, Monday through Friday. Questions by the public regarding the Court and its work should be directed to the clerk's office rather than to the office of any justice or the central staff attorneys.
Generally, all Court records are open to public inspection except the work product of the justices and their staffs, vote and remark sheets placed in individual case files, justice assignment records maintained by the clerk's office, portions of case records sealed by a lower court, case files which are confidential under the rules of the Court, and internal case management data. Access to the Court's public records is governed by Florida Rule of Judicial Administration 2.051.
All briefs on the merits as well as case disposition orders are posted shortly after filing on the Supreme Court Clerk's Office Page of the Court's website located at http://www.flcourts.org/clerk.html.
E. The Marshal. The marshal of the Supreme Court serves at the Court's pleasure, is empowered to execute process of the Court throughout the state, and is the custodian of the Supreme Court Building, its furnishings, and grounds. The marshal also is responsible for Court security, the Court's overall operational budget, and the Court's purchasing and contracting.
F. The Librarian. The librarian of the Supreme Court serves at the Court's pleasure. The Court's library is in the custody of the librarian, who has an assistant librarian, a computer services librarian who serves as webmaster of the Court's internet site, an intranet specialist who serves as a deputy webmaster, a technical services/documents librarian, and an administrative assistant. The library uses a computerized cataloging system which is accessible to the public via the Court's website at http://library.flcourts.org/. The library is for the use of Court personnel at any time. Library hours for the public are from 8:00 a.m. to 5:00 p.m., ET, Monday through Friday.
G. State Courts Administrator. The Office of the State Courts Administrator has been created by the Court to serve the chief justice in carrying out his or her responsibilities as chief administrative officer of the Florida judiciary. The state courts administrator serves at the pleasure of the Court and is authorized with the approval of the Court to employ such assistants and clerical support personnel as are necessary.
H. Inspector General. The inspector general serves at the pleasure of the Court and reports directly to the chief justice. The inspector general is assigned specific duties and responsibilities for audit and investigation functions by section 20.055, Florida Statutes. The scope of these responsibilities encompasses the entire state courts system and includes advising in the development of performance measures, standards, and procedures for the evaluation of programs; reviewing actions taken to improve program performance and meet program standards; performing audits, investigations, and management reviews relating to programs and operations; recommending corrective actions; reviewing the progress made in implementing corrective action; and related duties.
I. Reporter of Decisions. The reporter of decisions serves at the pleasure of the Court and reports directly to the chief justice. The reporter of decisions reviews opinions and disposition orders prior to their release for technical and formal correctness, makes recommendations as to needed corrections, and coordinates the process of preparing opinions and disposition orders for release. The reporter of decisions works closely with the justices, their staffs, and the clerk's office in the process of releasing opinions and disposition orders to legal publishers, the press, and the public. The reporter of decisions assists the Court and clerk's office in the case management process and may also be assigned by the chief justice to assist the Court on various special projects.
J. Director of Public Information. The director of public information serves at the pleasure of the Court and reports directly to the chief justice. The director of public information serves as public information officer and public spokesperson for the Court, coordinates Court communications with news media and the public at large, serves as the chief justice's communications officer, assists all the justices in their public communications and public activities as required, serves as a deputy webmaster, coordinates the broadcast of Court arguments, and coordinates public events as required by the chief justice. Press inquiries about the Court and its work should be directed to the director of public information.
K. Director of Central Staff. The director of central staff serves at the pleasure of the Court and reports directly to the chief justice in coordinating the responsibilities and assignments of the Court's central staff attorneys. The director of central staff is authorized to hire and supervise attorneys whose positions on central staff have been authorized by the chief justice. The central staff director also is responsible for coordinating the rule-making process, oversees the orientation and initial training of new staff attorneys, serves as director of the Court's Internship Program for Distinguished Florida Law Students, and has other administrative duties as assigned by the chief justice.
L. Central Staff. The Court's central staff attorneys serve at the pleasure of the Court and report to the chief justice through the central staff director. One of the chief justice's judicial assistants provides support for the Court's central staff attorneys. The central staff attorneys analyze issues raised in original proceedings, see section II(C); at the discretion of the assigned justice, assist with attorney discipline, bar admission, standard jury instruction, and rule amendment cases; and perform other duties as determined by the chief justice or the Court as a whole.
Section II. Internal Procedures For Handling Cases.
Discretionary Review.
1. Discretionary Review of District Court of Appeal Decisions (Except Those Certified by District Courts of Appeal).
(a) When a party files a notice seeking to invoke discretionary review, the clerk's office determines whether the district court of appeal has written an opinion in the case. If there is no opinion, the case is docketed and automatically dismissed by the clerk's office. In such cases, no rehearing is allowed. If there is a written opinion, the clerk's office dockets the case, and when all jurisdictional briefs have been filed, assigns the case to a panel of five justices according to a rotation formula, and the file goes to the office of the assigned justice on the panel. The assigned justice's office prepares a memorandum summarizing the basis for jurisdiction asserted in the jurisdictional briefs and analyzing whether a basis for exercising discretionary jurisdiction exists. Copies of the briefs and memorandum then go to the offices of each justice on the panel to vote on whether review should be granted and, if so, whether oral argument should be heard. Five justices constitute a quorum, and the concurrence of four justices is required to grant or deny review. If fewer than four justices on the panel agree on a disposition, the case circulates to the two members of the Court not originally assigned to the panel. Several possible actions result from the circulation of petitions for discretionary review.
(1) If at least four justices vote to deny discretionary review, an order is entered denying review, the case is closed, and the file is placed in storage.
(2) If at least four justices vote to grant review but four do not agree on the need for oral argument, the chief justice may decide to set the case for argument or may place the question of oral argument on the Court's next conference agenda.
(3) If at least four justices vote to grant review, the clerk's office notifies the parties.
(4) If at least four justices do not agree to either grant or deny discretionary review, the petition is sent to the other two justices.
(b) When oral argument is granted, argument is scheduled by the clerk's office for the earliest convenient date. If oral argument is granted, the procedure outlined in section III(B) of this manual is followed. For a discussion of the procedure followed by the Court after oral argument, see section IV of this manual.
(c) If the Court dispenses with oral argument, or if no argument is requested, the case file stays in the clerk's office until all briefs on the merits have been received. The case file is then sent to the assigned justice's office. The assignment is made by rotation. The assigned justice's office summarizes and analyzes the issues raised in the briefs in a memorandum which is circulated, together with copies of the briefs, to the justices. The case is placed on the next conference for consideration by the Court. After conference, the assigned justice drafts a proposed opinion which is then circulated to the other members of the Court, who vote on the merits and write any dissenting or concurring opinions or remarks deemed appropriate.
2. Discretionary Review of District Court of Appeal Decisions Certified as Being in Conflict or of Great Public Importance. Petitions for discretionary review of cases coming to the Court on certificate of conflict or of great public importance do not require jurisdictional briefs. When the briefs on the merits and the record have been received, the case is promptly reviewed by a panel of five justices to determine whether the Court should exercise its discretion to hear the case and whether oral argument should be heard. If review is denied, the case is closed and the file is placed in storage. If review is granted but oral argument is deemed unnecessary, the clerk's office assigns a justice. The case then proceeds in the same manner as other petitions for discretionary review which the Court has granted without argument. (See section II(A)(1)(c) of this manual.) If oral argument is granted, the case is set for oral argument on the earliest convenient date, and the case proceeds as described in section III(B) of this manual.
3. Discretionary Review of Trial Court Orders and Judgments Certified by the District Courts of Appeal. Trial court orders and judgments certified by the district courts of appeal in which an appeal is pending as requiring immediate resolution by the Supreme Court do not require jurisdictional briefs. When the certification of the district court of appeal has been received, the Court considers at the next Court conference whether to accept jurisdiction. If review is granted, the record is brought up from the district court of appeal within ten days, and the case is processed in the same manner as a petition for review of a decision of a district court of appeal which the Court has granted. If review is denied, any briefs, exhibits, or other documents filed in the Court are transferred back to the district court of appeal for disposition in that forum.
4. Appeals Filed in Combination With Petition for Discretionary Review. Whenever both a notice of appeal and a motion for discretionary review are filed as to the same decision of a district court of appeal, the two cases are automatically consolidated by the clerk. The case is then treated in the same fashion as a discretionary review petition and the Court decides whether it has any basis for jurisdiction.
5. Motions for Rehearing Not Authorized. Motions for rehearing or for clarification of the granting or denial of a petition for discretionary review are not authorized and are stricken by the clerk's office as unauthorized. See Fla.R.App.P. 9.330.
B. Mandatory Review.
1. Statutory or Constitutional Invalidity. Appeals involving decisions of the district courts of appeal holding invalid a state statute or a provision of the Florida Constitution are initially directed to the chief justice to determine if oral argument should be granted. If oral argument is granted, the case proceeds as described in section III(B) of this manual. If oral argument is denied, the case is sent to an assigned justice and the case proceeds in the same manner as a petition for discretionary review which is granted without argument. (See section II(A)(1)(c) of this manual.) If a justice deems it important to hear argument on a case previously assigned without argument, the chief justice will customarily honor the request. If a motion to dismiss for lack of jurisdiction is filed before the case is assigned to a justice, the file is sent to central staff for a memorandum analyzing the Court's jurisdiction. Copies of the memorandum, together with copies of the briefs and motion to dismiss, are then circulated to a panel which is assigned in the same manner as panels in discretionary review cases. If the motion to dismiss is denied, the case goes to the chief justice for a determination of oral argument. If the motion to dismiss is granted, the case is dismissed.
2. Bond Validation Cases. Appeals of final judgments entered in proceedings for the validation of bonds or certificates of indebtedness are directed to the chief justice, once the briefs are filed, to determine whether oral argument is appropriate. If oral argument is denied, the case proceeds in the same manner as a petition for discretionary review that is granted without oral argument. (See section II(A)(1)(c) of this manual.) If oral argument is granted, the case proceeds as described in section III(B) of this manual.
Death Penalty Cases.
(a) Initial appeals involving the imposition of the death penalty and appeals from the denial of postconviction relief, whether or not accompanied by a request for oral argument, are automatically placed on the oral argument calendar at the earliest convenient date after the briefs and record are filed. Initial appeals are assigned by rotation. Pro se pleadings are not permitted in direct appeals. Such pleadings will be stricken by the clerk. See Davis v. State, 789 So.2d 978 (Fla. 2001).
(b) Appeals in postconviction proceedings are assigned by rotation, unless the initial appeal was assigned to a justice who is still on the Court, in which case that justice is assigned the case.
(c) Original proceedings filed are assigned in the same manner as appeals in postconviction proceedings and are scheduled for argument only if a justice so requests. Cases scheduled for argument generally proceed as described in section III(B).
(d) Proceedings filed after a death warrant is signed are treated as a separate category for assignment purposes. Those proceedings are assigned to the justice who was originally assigned to the initial appeal or prior postconviction proceeding. If that justice is no longer on the Court, the case will be assigned by rotation.
4. Public Service Commission. Cases involving Public Service Commission action relating to rates or service of utilities providing electric, gas, or telephone service are initially examined by the chief justice, after the briefs and record are filed, to determine whether the case should be placed on the oral argument calendar. If oral argument is denied, the case is assigned to a justice. The case then proceeds in the same manner as petitions for discretionary review which the Court has granted without argument. (See section II(A)(1)(c) of this manual.) If oral argument is granted, the case file is returned to the clerk's office and the procedure outlined in section III(B) of this manual is followed.
Original Proceedings.
1. General. Petitions for writs of mandamus, prohibition, quo warranto, habeas corpus, and initial pleadings in other original proceedings are automatically docketed by the clerk's office, and in most cases are sent to central staff for a memorandum analyzing the issues raised therein. Petitions that are appropriate for expedited handling are sent directly to the assigned justice, and the memorandum is prepared by the assigned justice's office. Oral argument is set only if a justice so requests, regardless of whether a party has requested it.
2. Writ Petitions. Each petition is assigned to a justice by rotation. A single justice may request a response or transfer the case to another court. If the assigned justice votes to dismiss or deny the petition, directs entry of an order to show cause that will stay the proceedings, or requests that the petition be assigned to a panel, the clerk's office assigns a panel of five justices. If four of the justices do not agree to a disposition, the petition is circulated to the other two justices.
3. Filed by Former Death-Row Inmates. Writ petitions that are filed by former death-row inmates whose death sentences were reduced to life in prison and which allege ineffective assistance of appellate counsel or otherwise challenge the inmate's conviction are assigned to the justice who was originally assigned to the initial appeal or prior postconviction proceeding. If that justice is no longer on the Court, the case will be assigned by rotation.
4. Filed by Death-Row Inmates. Original proceedings filed by death-row inmates are handled as outlined in section II(B)(3) of the manual.
5. Automatic Transfer. Certain clearly defined types of writ petitions that raise substantial issues of fact or present individualized issues that do not require immediate resolution by the Supreme Court or are not the type of case in which an opinion from the Supreme Court would provide important guiding principles for other courts of this State are automatically transferred to a more appropriate court. See Harvard v. Singletary, 733 So.2d 1020 (Fla. 1999). However, in certain instances the Court will dismiss without prejudice to refile in the appropriate court.See Williams v. Moore, 752 So.2d 574 (Fla. 2000). Petitions appropriate for automatic transfer are identified by the clerk of court with the assistance of central staff and reviewed by the administrative justice who directs their transfer.
6. Automatic Dismissal; Rehearing Not Authorized. Extraordinary writ petitions seeking review of a district court of appeal decision issued without opinion or citation are automatically dismissed by the clerk's office for lack of jurisdiction, see Grate v. State, 750 So.2d 625 (Fla. 1999); St. Paul Title Ins. Corp. v. Davis, 392 So.2d 1304 (Fla. 1980). Motions for rehearing or for clarification filed in such cases are stricken by the clerk's office as unauthorized.
D. Regulation of the Legal Profession.
1. Admission to The Florida Bar. Petitions seeking review of action by the Florida Board of Bar Examiners are docketed by the clerk's office. Upon filing of a response from the Board and a reply thereto, the case is assigned by rotation.
2. Disciplinary Proceedings. Petitions for review of action recommended by a referee or the board of governors of The Florida Bar are treated in the same manner as petitions for discretionary review granted without oral argument. (See section II(A)(1)(c) of this manual.) If the assigned justice determines that oral argument would assist the Court in deciding the issues in the case, the file is returned to the clerk's office and the procedure outlined in section III(B) of this manual is followed. If the action recommended by the referee is disbarment, the case is sent to the chief justice to determine oral argument prior to assignment to a justice. Uncontested referees' reports routinely are approved by clerk's order.
E. Regulation of the Judiciary. Upon filing, recommendations by the Judicial Qualifications Commission are examined promptly for procedural regularity. If found to be in compliance with the constitution and the commission's rules, the Court may issue an order to the affected justice or judge to show cause why the recommended action should not be taken. Once a response and reply thereto are filed, or if none is requested, the case is treated in the same manner as petitions for discretionary review that the Court has granted without argument. (See section II(A)(1)(c) of this manual.) If oral argument is granted, the procedure outlined in section III(B) of this manual is followed. All Judicial Qualifications Commission filings with the Court are posted on the Court's website athttp://www.flcourts.org/pubinfo/jqc/.
F. Rulemaking.
1. General. At the instance of any justice, the Court, on its own motion, may adopt or amend rules. When the Court so acts, it generally will allow interested persons to file comments by a date certain. A specific effective date is usually designated by the Court.
2. Rules Regulating The Florida Bar. Petitions to amend the Rules Regulating The Florida Bar are docketed and, in the discretion of the chief justice, either set for oral argument and the case proceeds as described in section III(B) of this manual, or assigned to a justice and processed in the same manner as other cases assigned without oral argument. (See section II(A)(1)(c) of this manual.) At the assigned justice's discretion, central staff may assist with the case.
3. Rules of Practice and Procedure. Petitions to amend any of the procedural rules promulgated by the Court are docketed only if filed by The Florida Bar or a committee specially designated by the Court. Such cases are published for comments on the Opinions and Rules Page of the Supreme Court's website located at http://www.flcourts.org/sct/sctdocs/ and, in the discretion of the assigned justice, either set for oral argument or processed in the same manner as a case assigned without oral argument, except that central staff may assist with the case. Other petitions to amend any procedural rule are referred by the clerk's office to the chair of the appropriate rules committee.
G. Advisory Opinions to the Governor and Attorney General.
1. Governor. When the governor requests the advice of the Court, the clerk immediately sends a copy of the request to each justice. As soon as practicable, the chief justice calls a conference for the purpose of determining whether the governor's question is answerable and, if so, whether oral argument is desired. If the Court decides the question is answerable, the case is assigned by rotation. Traditionally, the Court permits briefs from all interested parties and allows oral argument at the earliest convenient date after briefs are required to be filed. If the Court decides the question is not answerable, a reply is drafted by the assigned justice, and the reply is circulated to the other justices for a vote.
2. Attorney General. When the attorney general requests an advisory opinion, it is handled in the same manner as above except that the Court does not have to determine if the question is answerable.
H. Cases Where Incorrect Legal Remedy Has Been Sought; Transfer; Unstyled Letters and Petitions. Where a party seeking Supreme Court review has filed an appeal, a petition for discretionary review, a petition for habeas corpus, or other pleading, but the pleading incorrectly sets forth the legal ground for relief, the Court will treat the case as if the proper legal remedy had been sought. Where the case should have been filed in a district court of appeal or in a circuit court sitting in its appellate capacity, the Supreme Court will transfer the case to the appropriate court, provided that the jurisdiction of the lower court was properly invoked and the filing was timely.
When an initial pleading is inadequate to notify the clerk of the nature of the case, the pleading is docketed as a petition for discretionary review, if it can be ascertained that relief is sought from a ruling of a district court of appeal issued within the thirty-day jurisdictional filing period. The litigant then is notified by mail of both the need for a proper filing and the applicable rules of procedure. If the defect in pleading is not remedied within twenty days, the litigant is advised by mail that dismissal for lack of prosecution is imminent. Unless the litigant makes a supplementary filing within twenty days thereafter, the cause is dismissed. Defective pleadings from prison inmates are researched by central staff.
I. Untimely Filings. Untimely filings are docketed and immediately dismissed by the clerk's office with a form order stating that the case is subject to reinstatement if timeliness is established on proper motion filed within fifteen days.
J. Cases Affecting Children. It is the policy of the Court to expedite proceedings presenting time-sensitive issues affecting children. Pursuant to Florida Rules of Appellate Procedure 9.145 and 9.146, in all cases involving juvenile delinquency, dependency, or termination of parental rights, the file shall remain sealed in the office of the clerk when not in use by the Court and shall not be open to inspection except by the parties and their counsel or as otherwise ordered by the Court.
K. Stays and Relinquishments. Orders staying the proceedings and orders relinquishing jurisdiction to a lower tribunal will be for a specified period of time, e.g., 90 days. In all cases that are stayed in this Court pending action by an entity other than this Court or that are relinquished to a lower tribunal, the parties shall be required to submit regular status reports to the Court.
Section III. Oral Argument.
A. Preargument Procedures. Oral arguments are routinely scheduled for the first full week of each month, except that no arguments are heard on state holidays or during the months of July and August. When the case is scheduled for oral argument, the clerk's office sends copies of the briefs to each justice. At least two months before the first day of the month in which oral argument has been scheduled, the case file goes to the office of the assigned justice. The assigned justice's office summarizes and analyzes the issues raised in the briefs in a memorandum for use on the bench and circulates it to each justice no later than the Wednesday of the week preceding oral argument. The director of public information prepares a brief summary on each oral argument case, which is available to the public a few days prior to oral argument and is posted on the Supreme Court Press Page of the Court's website located athttp://www.flcourts.org/pubinfo/sctpress.html. The briefs also are posted there. These summaries are not official Court documents.
B. Oral Argument Procedures. On oral argument days, counsel appearing that day are required to sign in with the clerk's office starting thirty minutes before arguments are scheduled to begin. At this time coffee is available for counsel in the lawyers' lounge, and the justices may join counsel for conversation not relating to cases scheduled for argument.
Oral argument routinely begins at 9:00 a.m., ET, but may be scheduled by the chief justice to begin at other times. Oral argument on Fridays begins at 8:30 a.m., ET. Approximately ten minutes before arguments begin, the justices assemble in the robing room to don their robes for the bench. At the time arguments are to begin, the marshal announces that the Court is in session and the justices enter the courtroom from behind the bench, led by the chief justice or acting chief justice, in order of seniority. Retired justices or judges assigned to temporary duty on the Court enter last. Seating alternates from right to left based on seniority. All justices remain standing until the chief justice indicates that all justices are in place.
The chief justice controls the order of argument and the time allowed to any party. The division of time for argument between co-counsel or among multiple counsel on one side of a case, and between counsel's main presentation and rebuttal, is solely counsel's responsibility. In order to assist counsel, however, amber and red lights are mounted on the lectern. When the chief justice recognizes counsel, the allotted time begins. The amber light indicates that counsel has either (1) entered the time requested to be set aside for rebuttal, (2) gone into the time set aside for co-counsel's argument, or (3) entered the period of time near the end of argument when notice of the remaining time has been requested. The red light indicates that counsel's allotted time has expired, at which point counsel will be expected to relinquish the lectern. Any justice may ask questions or make comments at any time. The chief justice has discretion to authorize a recess during oral argument and by tradition has done so midway into the calendar. During this mid-morning recess, the justices will not meet with counsel.
At the conclusion of the calendar, the Court is adjourned. The justices leave the bench in the order in which they entered and reassemble in the conference room for a preliminary conference on the cases argued. No person may enter the conference room without the invitation of the full Court.
C. Electronic Recording and Broadcasts. The Court records audiotapes of all oral arguments held in the courtroom. The audiotapes are kept with the case file and are retained until the case has become final, that is, until any motion for rehearing has been disposed of by the Court. Audiotapes of arguments in capital cases, however, are retained indefinitely. Florida State University, through WFSU-TV, records all oral arguments on videotape, copies of which are available from WFSU-TV by calling (850) 487-3170 or (800) 322-WFSU. Except when preempted by legislative sessions, oral arguments are broadcast live via the Telstar 4 satellite, KU band, 89 degrees west, transponder 13 lower, virtual channel 804, downlink frequency 12081.750 MHz, L-band frequency 1331.750MHz, which can be downlinked by satellite dish anywhere in North America. Oral arguments are broadcast live on Tallahassee cable channel 47 and on other cable providers throughout the state if they in their discretion choose to downlink and rebroadcast the satellite feed. Arguments also are broadcast worldwide on the Internet in RealPlayer video and audio formats from a website jointly maintained with WFSU-TV (http://wfsu.org/gavel2gavel/). An archive of RealPlayer video and audio from previous arguments is maintained on the same website. The Court calendar, briefs, press summaries, and other information about cases and about using the Internet are posted on the Supreme Court Press Page of the Court's website located athttp://www.flcourts.org/pubinfo/sctpress.html.
D. Recusals. On occasion, a justice will elect to recuse himself or herself from a particular case for good cause. A justice thus recused from any case set for oral argument notifies the chief justice in advance of argument. If four of the remaining justices cannot ultimately agree to a disposition, the chief justice assigns a judge, senior judge, or senior justice to the case. As a general rule, in such instance, reargument on the case will not be scheduled, because video and audio of the argument will be made available to the assigned judge, senior judge, or senior justice.
Section IV. Consideration of Cases After Oral Argument.
After oral argument, the justices confer and take a tentative vote on the cases argued. The author of the Court's opinion or disposition is ordinarily the assigned justice, and the case file is sent to that justice after conference. Once an opinion has been written, a facing vote sheet is attached in the author's office, and the opinion, the vote sheet, and case file are delivered to the clerk's office.
The assigned justice's office electronically distributes copies to each justice. Each justice votes electronically, making any comments deemed appropriate. If a concurring or dissenting opinion is written, that opinion and its vote sheet are also delivered to the clerk, and the authoring justice's office electronically distributes copies of these papers to the other justices. When all justices have voted on all the separate opinions in a case, the clerk's office determines if a panel has four concurring votes. If not, the case is scheduled for discussion at the next regularly scheduled conference in order to reconcile the disparate views. If any justice has requested that the case be discussed at conference, the case is placed on the conference schedule.
When the clerk's office determines that a case has the necessary votes for release, the case is then sent to the reporter of decisions for technical review. The reporter of decisions then directs the clerk in writing to file as an opinion of the Court any opinion to which four justices subscribe.
Section V. Release of Opinions.
A. Routine Release. Copies of opinions ready for release to the public are delivered to each justice no later than Friday at noon. At any time before 10:00 a.m., ET, the following Thursday, any justice may direct the clerk not to release an opinion. Unless otherwise directed, on Thursday morning at 11:00 a.m., ET, the clerk electronically releases the opinions that were furnished to the justices the preceding Friday. Publishers other than the Court's official reporter may receive copies at the rate of fifty cents per page, and all other interested persons may receive copies at the cost of one dollar per page. Opinions are posted on the Opinions and Rules Page of the Court's website located athttp://www.flcourts.org/sct/sctdocs/index.html by noon on the day they are released.
B. Special Release. Opinions may be released at any other time at the direction of the chief justice. When opinions are released at other times, the director of public information notifies news media as soon as is practicable.
Section VI. Motions.
The chief justice and administrative justice have authority to dispose of routine procedural motions, such as those seeking an extension of time, permission to file enlarged briefs, an expedited schedule, or a consolidation of cases. The chief justice and administrative justice also have authority to grant requests for a stay during the pendency of a proceeding and a thirty-day stay of mandate pending review by the United States Supreme Court in order to allow counsel the opportunity to obtain a stay from that Court. Motions filed after a case has been assigned to a justice are ruled on by that justice.
Section VII. Rehearing.
Authorized motions for rehearing are considered by the justices who originally considered the case. Unauthorized motions for rehearing are stricken.
Section VIII. Court Conferences.
The justices meet privately each Tuesday at 9:00 a.m., ET, unless the chief justice otherwise directs. The agenda for the conference is prepared by the chief justice's office. The chief justice may schedule additional conferences at his or her discretion. Official action taken by the Court in conference on matters other than case dispositions is recorded in the minutes of the meeting, which are prepared by the clerk and approved by the Court. Case dispositions at conference result in a formal directive from the chief justice to the clerk that the opinions or appropriate orders be filed.
Section IX. Assignment of Cases.
Except as otherwise provided, all cases are assigned at random.