TBO.com - TBO is Tampa Bay Online

Suncoast Pasco News

Clerks Resist Judicial Takeover Of Court Functions

ADVERTISEMENT

By Carl  Orth | The Suncoast News

Published: March 7, 2009

NEW PORT RICHEY - More fallout from the recession could shake up the way court cases, fines and fees are handled if legislation passes.

County clerks of court essentially would be fired from handling those court duties if state lawmakers approve the proposal, although clerks still would retain plenty of other duties.

Potential savings are envisioned if the court cases are handled directly by judges and their staffs as outlined in House Bill 1121 and Senate Bill 2108.

Economies of scale might result from statewide standardization of computer software, for instance, said Ron Stuart, a spokesman for the Sixth Judicial Circuit, about the streamlining proposal. Right now, judges in Pasco and Pinellas counties can't easily exchange cases because of different setups.

"We have no complaints with our clerks," Stuart emphasized. "This is not a fight between judges and clerks."

Paula O'Neil has a very different perspective. She was elected Pasco clerk and comptroller in November 2008.

"We think this movement would be a problem with the checks and balances," O'Neil said in a telephone interview. "It would be less oversight. There would be no one looking over their shoulder."

"We want what's best for the public," O'Neil remarked. "We would step aside if clerks thought judges could do better."

Judges and their staffs would have to collect fees, call jurors, assign cases, hear cases, safeguard evidence, and would have to keep files, O'Neil noted.

If the proposal passes, the Pasco clerk's office might have to eliminate 250 jobs, O'Neil said. It's unclear if the workers would remain at their posts and simply be transferred to the payroll of the judicial system.

In an e-mail last month, Judge Robert Morris, chief judge of the Sixth Circuit, wrote that all Florida appellate courts, all federal courts and the state trial courts in many other jurisdictions already handle their cases directly.

"Under no circumstances should this ever become personal," Morris wrote. "Nothing about this is personal."

In his message the chief judge cited the "dire economic climate" in Florida.

"For over the past year, the entire Judicial Branch in Florida has been under intense budget scrutiny and cutbacks. Every dime we spend is analyzed and challenged. It started with proposed system-wide lengthy furloughs, then layoffs, hiring freezes, travel restrictions, and extreme cost-cutting measures to the point that basic supplies are rationed."

State Sen. Mike Fasano, R-New Port Richey, flatly opposed the proposal after talking to clerks and judicial administrators.

"Sen. Fasano supports the clerks in continuing to provide the services they currently do," said Greg Giordano, chief legislative assistant to Fasano. "He sees no need to change something that does not need to be fixed."

State Rep. Peter Nehr, R-Tarpon Springs, discussed the issue with Morris and O'Neil and her Pinellas counterpart, Ken Burke.

"I personally have not heard of any problems with how the clerks of the court have been handling the money they collect and spend these past years," Nehr wrote in an e-mail reply to a request for comment. "I realize that with the budget deficits our state is facing we have to explore all avenues of revenue and how they are disbursed."

Carl Orth can be reached at 727-815-1068 or corth@suncoastnews.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT