[CLC-Discussion] IMMEDIATE ATTENTION -- HB 7061 / SB 1384 / jurisdictional limits of county courts

[Barry Kalmanson]

All,

 

 I’d like to bring your attention to a pair of bills with substantial negative unintended consequences.


HB 7061 and SB 1384 raise the jurisdictional limit for county courts from $15,000 to $50,000. This also means that circuit courts, rather than District Courts of Appeal, would handle appeals on cases up to $50,000.


HB 7061 is on Special Order for this Friday. SB 1384 is stuck in Approps. I believe the incoming Senate leadership is more sensitive to the problems with this legislation, so that is a good place for input if you agree this is a bad (or at least not fully cooked) bill.


Here’s a statement I just received analyzing the issue:



“Changing the jurisdictional limit for county and circuit courts will negatively impact our judicial system in ways we should avoid. Currently, issues handled in circuit court above $15,000 are appealed to the District Courts of Appeal, but HB 7061 and SB 1384 will put appeals on matters up to $50,000 back into the circuit courts.”

“Our circuit courts may not be able to handle the results. Parties who might not bother to appeal a $15,000 decision may think differently about $50,000, and that will have a caseload impact. Meanwhile, unlike judges on the five DCAs, circuit court judges won’t have law clerks to help them with the higher workload."

“In addition, the business community wants the consistency and transparency of the DCA appellate process. These bills will lead to twenty circuits worth of appeals to search and reconcile, rather than the five DCAs."

“Finally, DCA judges are required to have at least ten years experience, and usually have much more, and they are simply better prepared to handle the complexity that comes with higher dollar cases."


Please contact your legislators

 






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