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Fla. Stat. § 43.26 (2025)

Chief judge of circuit; selection; powers.

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43.26 Chief judge of circuit; selection; powers.—
(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative supervision over all the trial courts within the judicial circuit and over the judges and other officers of such courts.
(2) The chief judge of the circuit shall have the power:
(a) To assign judges to any division of the court and to determine the length of the assignment;
(b) To regulate use of courtrooms;
(c) To supervise dockets and calendars;
(d) To require attendance of state attorneys, public defenders, clerks, bailiffs, and all other officers of the court; and
(e) To do everything necessary to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge.
(f) To delegate to the trial court administrator, by administrative order, the authority to bind the circuit in contract.
(g) To manage, operate, and oversee the jury system as provided in s. 40.001.
(3) The chief judge shall be responsible to the Chief Justice of the Supreme Court for such information as may be required by the Chief Justice, including, but not limited to, caseload, status of dockets, and disposition of cases in the courts over which he or she presides.
(4) Failure of any judge, clerk, prosecutor, public defender, or other officer of the court to comply with an order or directive of the chief judge under this section shall constitute neglect of duty for which such officer may be suspended from office as provided by law.
(5) There may be a trial court administrator who shall perform such duties as the chief judge may direct.
(6) The chief judge of each circuit is charged by s. 2(d), Art. V of the State Constitution and this section with the authority to promote the prompt and efficient administration of justice in the courts over which he or she is chief judge. The clerks of court provide court-related functions which are essential to the orderly operation of the judicial branch. The chief judge of each circuit, after consultation with the clerk of court, shall determine the priority of services provided by the clerk of court to the trial court. The clerk of court shall manage the performance of such services in a method or manner that is consistent with statute, rule, or administrative order.
History.—s. 1, ch. 71-214; s. 1, ch. 77-119; s. 260, ch. 95-147; s. 65, ch. 2003-402; s. 30, ch. 2005-236.
Notes of Decisions
Cited in 7 cases, 1971–2017 · leading case: Morse v. Moxley, 691 So. 2d 504 (Fla. 5th DCA 1997).
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Morse v. Moxley, 691 So. 2d 504 (Fla. 5th DCA 1997). · cites it 5× “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.”
Schmidter v. State, 103 So. 3d 263 (Fla. 5th DCA 2012). · cites it 4× “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…”
Jimenez v. Rateni, 967 So. 2d 1075 (Fla. 2d DCA 2007). · cites it 3× “" § 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.”
Spechler v. Tobin, 591 F. Supp. 2d 1350 (S.D. Fla. 2008). · cites it 2× “”); § 43.26(2)(a), Fla. Stat. (2007) (“The chief judge of the circuit shall have the power: (a) To assign judges to any division of the court and to determine the length of the assignment.”
Knight v. Chief Judge of Florida's Twelfth Jud. Circuit, 235 So. 3d 996 (Fla. 2d DCA 2017). · cites it 7× “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.”
Eastmoore v. Stone, 265 So. 2d 517 (Fla. 1st DCA 1972). “Section 43.26, F.S.A. Because of the foregoing reasons, we have deemed it imperative that the respondent herein so arrange and identify the various groups in which candidates may qualify for the seven offices of circuit judge of the Seventh Judicial Circuit to be elected at the…”
In re Florida Rules of Civil Procedure, 251 So. 2d 249 (Fla. 1971). · cites it 2× “This rule expands and implements the provisions of Laws of Florida, Chapter 71-214, Florida Statutes, § 43.26. Any conflicting provisions of prior rules or laws of Florida, including Chapter 71-214 supra, Florida Statutes § 43.”
— 43.26(1) — 2 cases
Jimenez v. Rateni, 967 So. 2d 1075 (Fla. 2d DCA 2007). “" § 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.”
Knight v. Chief Judge of Florida's Twelfth Jud. Circuit, 235 So. 3d 996 (Fla. 2d DCA 2017). “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.”
— 43.26(2)(a) — 1 case
Spechler v. Tobin, 591 F. Supp. 2d 1350 (S.D. Fla. 2008). “”); § 43.26(2)(a), Fla. Stat. (2007) (“The chief judge of the circuit shall have the power: (a) To assign judges to any division of the court and to determine the length of the assignment.”
— 43.26(2)(b) — 1 case
Morse v. Moxley, 691 So. 2d 504 (Fla. 5th DCA 1997). “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.”
— 43.26(2)(e) — 1 case
Knight v. Chief Judge of Florida's Twelfth Jud. Circuit, 235 So. 3d 996 (Fla. 2d DCA 2017). “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.”
— 43.26(6) — 2 cases
Jimenez v. Rateni, 967 So. 2d 1075 (Fla. 2d DCA 2007). “" § 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.”
Knight v. Chief Judge of Florida's Twelfth Jud. Circuit, 235 So. 3d 996 (Fla. 2d DCA 2017). “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.”
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