Florida/Georgia Personal Injury & Workers Compensation

...ocket soundings or other proceedings which require more than one clerk. 3. This order shall be in effect for sixty days or until modified, whichever shall first occur. In her petition Morse states that the order apparently was entered under color of section 43.26(2)(b), Florida Statutes, which provides that the presiding judge of a circuit has the power to assign clerks and bailiffs....

..., fire them, discipline them and assign them, then she cannot properly run her office. Any attempt by the chief judge to usurp the powers inherent in the office of a constitutional officer is outside the jurisdiction of the court. To the extent that § 43.26(2)(b) Florida Statutes gives the Chief Judge the power to assign specific employees of the Clerk to any duty, the statute is unconstitutional....

...an arm of the judicial branch and subject to the oversight and control of the Supreme Court of Florida. Morse replies that the court's administrative power does not give it the power to interfere in the administration of the clerk's office. Whereas section 43.26(2)(b) and Rule 2.050(b)(6) provide a basis for the chief judge to require the attendance of clerks in court, these provisions cannot be properly construed to allow a chief judge to assign a specific deputy clerk to a specific judge during a specific time in a specific place because that would divest the clerk of administrative control of her own office. After careful consideration, we agree with the position asserted by Morse. If we were to allow section 43.26 to have the broad application urged by the Respondent, the statute would run afoul of the constitutional grant of power to the Clerk of the Court....

...ed in accordance with pertinent requirements of law. "The chief judge of each judicial circuit . . . exercise[s] administrative supervision over all the trial courts within the judicial circuit and over the judges and other officers of such courts." § 43.26(1), Fla. Stat. (2006). The clerk of court is required to "manage the performance of" the services the clerk provides to the trial court "in a method or manner that is consistent with statute, rule, or administrative order." § 43.26(6)....

$310.00 $375.00 as prescribed under Article V, Section 43 26 and shall be filed in the Board’s office within

...Stat., authorizing counties to exchange prisoners for purposes of working prisoners on the roads of a county. 7 Turnberry Isle Resort and Club v. Fernandez, 666 So. 2d 254 (Fla. 3rd DCA 1996); State ex rel. Wedgworth Farms, Inc. v. Thompson, 101 So. 2d 381 (Fla. 1958). 8 Section 43.26 (6), Fla....

...shall be fixed by law.” Art. II, § 5(c), Fla. Const.; Art. VIII, § 1(d), Fla. Const. Thus, in examining the contours of the powers at issue in this case, we must consider the sources of law designed to fix those powers. We begin our examination with section 43.26(2)(e), Florida Statutes (2016), which empowers the Chief Judge “[t]o do everything necessary to promote the prompt and efficient administration of justice in the courts over which he ......

...The concern from the Sheriffs point of view now becomes whether the geographic scope of the Chief Judge’s power extends beyond the literal four corners of the courtroom. Relating to the Chief Judge’s authority to promote the prompt and efficient administration of justice in the courts, section 43.26(6) specifies that “[t]he clerks of court provide court-related functions which are essential to the orderly operation of the judicial branch,” And, “[t]he chief judge may authorize the clerks of courts to maintain branch county court facilities.” Fla....

...The term also includes access to parking for such facilities in connection with such court-related functions that may be available free or from a private provider or a local government for a fee. From these sources of law, it is clear that the Chief Judge’s power, pursuant to section 43.26 and rule 2.215, extends beyond the literal four corners of a courtroom wherein sessions of court take place....

...hem. The first order, Administrative Order No. 2011-03, provides in relevant part: ADMINISTRATIVE ORDER GOVERNING EXPRESSIVE CONDUCT TOWARD SUMMONED JURORS, ORANGE [COUNTY] WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26, Florida Statutes, the chief judge of each judicial circuit is charged with the authority and the power to do everything necessary to promote the prompt and efficient administration of justice; and WHEREAS, pursuant to the chief judge�...

...The second administrative order, Administrative Order No. 2011-07, 3 provides in relevant part: *268 ADMINISTRATIVE ORDER GOVERNING DESIGNATED PUBLIC SPEECH AREAS ON THE MAIN ORANGE COUNTY COURTHOUSE COMPLEX GROUNDS WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution and section 43.26, Florida Statutes, the chief judge of each judicial circuit is charged with the authority and the power to do everything necessary to promote the prompt and efficient administration of justice; and WHEREAS, pursuant to the chief judge�...

...Defendant also had Florida constitutional and statutory authority to reassign Plaintiff. See Fla. Const. Art. V, § 2(d) ("The chief judge shall be responsible for the administrative supervision of the circuit courts and county courts in his circuit."); § 43.26(2)(a), Fla....

...Appended to this order is amended Rule 1.020 of the Rules of Civil Procedure, 30 F.S.A. This rule shall govern all courts within its scope after midnight, August 31, 1971. Chapter 71-214, Laws of Florida, which amended Florida Statutes, Chapter 43 by-adding Section 43.26, does not fully provide for the administrative needs of the Courts of Florida and requires supplementation....

...In order to keep pace with the expanding demands for effective judicial service, it is necessary for this court to provide for a more efficient administration of the state judicial system. This rule expands and implements the provisions of Laws of Florida, Chapter 71-214, Florida Statutes, § 43.26....

judges of his circuit as conferred by F.S. Section 43.26, F.S.A. Because of the foregoing reasons, we