FL: Retired judges/justices recall to service program

We have this submission from Cristina Alonso, an attorney with Carlton Fields and co-chair of the NCSC Young Lawyers committee.

Florida is considering bringing judges out of retirement to help the courts. HB 13 and SB 130 permit the chief judge of a judicial circuit, subject to approval by the Chief Justice of the Supreme Court, to establish a program for retired justices or judges to preside over civil cases & trials or to hear motions upon written request of one or more parties. The bills further provide for compensation of such justices or judges to be paid by the parties by deposit into the Operating Trust Fund of the state courts system.

A similar bill  (HB 369 of 2009) was passed by the House 114-0 last year, but was not taken up in the Senate.

This year’s House version was approved by the chamber’s Civil Justice and Courts Policy Committee on February 16. The Senate version was approved by the Senate Judiciary Committee on March 9.

FL: Courts and foreclosures

Gavel to Gavel: The Blog is designed to be more expansive, in terms of both content and contributors, than the original e-publication. Writers will be key contributors on the front lines of legislation and the courts.

This week marks the first such contribution from Cristina Alonso, an attorney with Carlton Fields and co-chair of the NCSC Young Lawyers committee.

Florida’s legislature is not yet in session, but already has several bills to contend with foreclosures and the courts. SB 1778 and HB 75 provide procedural requirements and limitations for plaintiffs, defendants, and courts in certain foreclosure actions, including a requirement for court-ordered mediation. The bills would require that the Florida Supreme Court create “the form and content notices, affidavits, certificates, liens, and other forms required” and require Circuit Clerks to “provide all forms, together with instructions in English and Spanish, to a pro se defendant seeking assistance in any foreclosure action. Such forms shall be provided at no cost to the defendant.”  Both bills are currently pending in various committees of both chambers.