PRESENTED BY: JUDGE MARK A. SPEISER III. JUDICAL SYSTEMS I. FEDERAL SPECIALTY COURTS WITH ORIGINAL JURISDICTION OVER SPECIFIC SUBJECT MATTERS •A. U.S. BANKRUPTCY COURTS •CREATED BY ART. I SECTION 8, SALARY $150,00 •CONSIDERED A UNIT OF U.S. DISTRICT COURTS •JUDGES APPOINTED BY U.S. COURT OF APPEALS FOR 14 YEARS •DECISIONS APPEALED TO U.S. DISTRICT COURT •HANDLE CASES FOR INDIVIDUALS OR BUSINESSES THAT CAN NO LONGER PAY THEIR CREDITORS AND SEEK A COURT SUPERVISED LIQUIDATION OF THEIR ASSETS OR A REORGANIZATION OF THEIR FINANCIAL AFFAIRS SO A PLAN CAN BE ARRANGED TO PAY OFF THEIR DEBTS − B. U.S TAX COURT •CREATED BY ART. I SECTION 8; SALARY $169,300 •LOCATED IN WASHINGTON, D.C. •JUDGES APPOINTED FOR 15 YEARS BY PRESIDENT •COMPRISED OF 19 JUDGES •ONLY FORUM FOR TAXPAYERS TO LITIGATE FEDERAL INCOME TAX DISPUTES WITHOUT HAVING TO FIRST PAY THE DISPUTED TAX IN FULL •DECISIONS APPEALED TO U.S. COURT OF APPEALS 600px-US-TaxCourt-Shield-BW.svg.png •C. U.S. COURT OF INTERNATIONAL TRADE •CREATED BY ART III SECTION 2, SALARY $169,300 •LOCATED IN N.Y.C. •CASES INVOLVE INTERNATIONAL TRADE AND CUSTOMS LAW ISSUES •APPEALS TAKEN TO U.S COURT OF APPEALS •9 JUDGES SIT ON COURT FOR LIFE TERMS •MOST CASES HEARD BY SINGLE JUDGE •D. U.S. COURT OF FEDERAL CLAIMS •HANDLES NON-TORT MONETARY CLAIMS (CONTRACT MATTERS) AGAINST U.S. •16 JUDGES APOINTED BY PRESIDENT FOR 15 YEAR TERMS •CREATED UNDER ART I; SALARY $169,300 •LOCATED IN WASHINGTON, D.C. •E. U.S. FOREIGN INTELLIGENCE SUREILLANCE COURT •CREATED BY FEDERAL STATUTE •CONSISTS OF 11 U.S. DISTRICT COURT JUDGES SELECTED BY CHIEF JUSTICE OF U.S. SUPREME COURT TO SERVE A 7 YEAR TERM − •ENTERTAINS REQUESTS BY FEDERAL POLICE AGENCIES FOR WIRETAP WARRANTS AGAINST SUSPECTED FOREIGN INTELLIGENCE AGENTS LOCATED WITHIN U.S. •NOT AN ADVERSARIAL COURT AS ONLY PARTY IS U.S GOVERNMENT •BETWEEN 1978-2004 ONLY 5 WARRANT REQUSTS DENIED AND 18,761 GRANTED •RARE APPEALS TAKEN TO U.S. FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW ADMINISTRATIVE LAW JUDGES (“ALJ”) •FEDERAL A.L.J.’S APPOINTMENT BASED UPON 4 HOUR WRITTEN TEST SCORE AND ORAL EXAM •ONLY MERIT BASED FEDERAL JUDICIAL APPOINTMENT IN U.S. •THEY ARE ART. I NOT ART.3 CONSTITUTIONAL JUDGES AND THEREFORE NOT CONFIRMED BY SENATE AND NOT LIFETIME APPOINTEES •ASSIGNED TO FEDERAL ADMINISTRATIVE AGENCIES UNDER THE EXECUTIVE BRANCH •THEY EXERCISE THEIR INDEPENDENT JUDGEMENT ON EVIDENCE BEFORE THEM FREE FROM PRESSURE FROM PARTIES OR THEIR AGENCY OFFICIALS •EACH AGENCY HAS AN INDEPENDENT APPELLATE BODY; •IN SOME INSTANCES THE CABINET SECRETARY DECIDES THE FINAL INTERNAL APPEAL BEFORE AN APPEAL CAN BE TAKEN TO US DISTRICT COURT •31 FEDERAL AGENCIES HAVE A.L.J.’S •THEY SERVE AS FACT FINDER AND DECISION MAKER; THEY ADMINISTER OATHS, TAKE TESTIMONEY, AND RULE ON EVIDENTIARY ISSUES •APPROX. 20 STATES ALSO HAVE A.L.J.’S AS WELL • II. FEDERAL COURTS WITH GENERAL JURISDICTION •A. THEY ARE ART.III CONSTITUTIONAL COURTS WITH MUCH GREATER POWER AND JURISDICTION THAN ART.I SPECIALIZED COURTS •JUDICIAL BRANCH HAS MORE INDEPENDENCE THAN CONGRESS AND THE PRESIDENT •B. U.S. DISTRICT COURTS •94 FEDERAL JUDICIAL DISTRICTS WITH AT LEAST 1 DISTRICT IN EACH STATE AND THE DISTRICT OF COLUMBIA AND PUERTO RICO AND 1 IN EACH OF 3 US TERRITORIES •CONGRESS SETS THE NUMBER OF FEDERAL JUDGES IN EACH OF THE 92 JUDICIAL CIRCUITS •NOMINATED BY 2 U.S SENATORS IN STATE WHERE JUDICIAL CIRCUIT LOCATED •APPOINTED FOR LIFE BY PRESIDENT, SUBJECT TO CONSENT OF SENATE •700 U.S. DISTRICT COURT JUDGES, EACH WITH A SALARY OF $169,300 • •PRESIDE OVER CRIMINAL AND CIVIL JURY AND NON-JURY TRIALS •AUTHORIZED TO APPOINT U.S. MAGISTRATES (SALARY $143,800) TO SERVE AS HEARING OFFICERS TO PRESIDE OVER PRELIMINARY MATTERS AND EXPEDITE DISPOSITION OF CASES DURING THEIR 8 YEAR TERM •APPROXIMATELY 475 U.S. MAGISTRATES B. JURISDICTION OF U.S. DISTRICT COURTS sm_seal.jpg •CERTAIN CIVIL ACTIONS INVOLVING ADMIRALITY AND MARITIME JURISDICTION OF U.S. •ALL CIVIL ACTIONS WHERE U.S. IS A PARTY •ALL CRIMINAL PROSECUTIONS BROUGHT BY U.S. GOVERNMENT •IN GENERAL TWO TYPES OF CIVIL CASES HAVE JURISDICTION IN U.S. DISTRICT COURTS: −DIVERSITY OF CITIZENSHIP OF THE LITIGANTS •CASE MUST INVOLVE MORE THAN $75,000 IN POTENTIAL DAMAGES −FEDERAL QUESTIONS •CLAIM FOR ENTITLEMENT TO MONEY UNDER A FEDERAL COURT PROGRAM (SOCIAL SECURITY) − − − • •CRIMINAL PROSECUTIONS CAN BE INITIATED IN EITHER FEDERAL OR STATE COURT; THE DECISION ON WHERE TO PROSECUTE IS BASED ON WHETHER CRIMINAL INVESTIGATION CONDUCTED BY FEDERAL OR LOCAL LAW ENFORCEMENT AGENCY •IN CIVIL CASES A DEFENDANT CAN CHOOSE TO REMOVE THE CASE FROM STATE TO FEDERAL COURT •HANDLE APPEALS FROM DECISIONS OF CERTAIN SPECIALIZED COURTS OR JUDGMENTS ENTERED BY ADMINISTRATIVE LAW JUDGES • C. U.S. COURT OF APPEALS −179 JUDGES SIT IN 12 JUDICIAL CIRCUITS −GEOGRAPHICAL BOUNDRY OF A U.S. COURT OF APPEALS CONSIST OF 2-7 STATES −PRESIDENT SELECTS JUDGES WHO MUST BE CONFIRMED BY THE SENATE −NO JURY TRIALS; ONLY HEAR APPELLATE ORAL ARGUMENT −IT IS THE FEDERAL INTERMEDIATE APPELLATE COURT 620px-US_Court_of_Appeals_and_District_Court_map_svg.png −SALARY=$180,00 −PRIMARILY REVIEW DECISIONS FROM U.S. DISTRICT COURTS AND LIMITED NUMBER OF OTHER FEDERAL COURTS WITH JURISDICTION OVER SPECIFIC SUBJECT MATTERS −DECISIONS SET SIGNIFICANT LEGAL PRECEDENT AND HAVE A STRONG POLICY IMPACT ON U.S. LAW • III STATE OF FLORIDA •A. COUNTY COURT JUDGES −AT LEAST 1 IN EACH OF FLORIDA’S 67 COUNTIES −COUNTY RESIDENT −MEMBER OF FLORIDA BAR MINIMUM OF 5 YEARS −6 YEAR TERM (ELECTED OR APPOINTED) −SALARY=$ 132,000 −HANDLE JURY AND NON-JURY TRIALS courthouse browardcounty 510x315.ashx.jpg −JURISDICTION •MISDEMEANORS •TRAFFIC OFFENSES •CIVIL CASES; AMOUNT IN DISPUTE LESS THAN $15,000 •SMALL CIVIL CLAIMS UP TO $5,000 •LANDLORD-TENANT ISSUES • B. CIRCUIT COURT JUDGES • −20 JUDICIAL CIRCUITS −6 YEAR TERM (ELECTED OR APPOINTED) −5 YEAR MEMBER OF FLORIDA BAR −MUST RESIDE IN JUDICIALCIRCUIT WHICH MAY COMPRISE ONE OR SEVERAL COUNTIES −SALARY= $142,00 −HANDLE JURY AND NON-JURY TRIALS − 20circuits.jpg −JURISDICTION •ALL FELONIES •CIVIL DISPUTES OVER$15,000 •FAMILY LAW MATTERS −DIVORCE −DEPENDENCY −ADOPTIONS −DOMESTIC VIOLENCE •JUVENILE DELINQUENCY •PROBATE , GUARDIANSHIP AND MENTAL HEALTH •APPEALS FROM COUNTY COURT C. DISTRICT COURTS OF APPEAL −5 JUDICIAL DISTRICTS EACH COMPRISING FROM 2-32 COUNTIES −FLORIDA BAR MEMBER FOR 5 YEARS −6 YEAR TERMS (APPOINTED AND MERIT RETENTION) −RESIDENT OF AREA WITHIN DISTRICT −SALARY=$152,00 −THE STATE INTERMEDIATE COURT OF APPEAL florida_map_appeals_court.gif −JURISDICTION •APPEALS OF FINAL ORDERS AND JUDGEMENTS FROM COURTS NOT DIRECTLY REVIEWABLE BY FLORIDA SUPREME COURT OR A CIRCUIT COURT •APPEALS OF CERTAIN NON-FINAL ORDERS FROM CIRCUIT COURTS •APPEALS FROM FINAL ACTIONS OF FLORIDA STATE AGENCIES • D. SUPREME COURT −7 JUSTICES −FLORIDA BAR MEMBER FOR 10 YEARS −6 YEAR TERM (APPOINTED AND MERIT RETENTION) −SALARY=$162,000 −ONE JUSTICE SELECTED FROM EACH OF THE AREAS COVERED BY THE 5 DISTRICT COURTS OF APPEALS AND TWO- AT LARGE JUSTICES Supreme Court Building.jpg −JURISDICTION •MANDATORY −DEATH PENALTY CASES −DECISION DECLARING A STATE STATUTE OR CONSTITUTIONAL PROVISION UNCONSTITUTIONAL • •DISCRETIONARY −DECISION FROM A DCA THAT CONFLICTS WITH A DECISION OF ANOTHER DCA OR THE SUPREME COURT −DECISION CERTIFIED BY A DCA TO BE ONE OF GREAT PUBLIC IMPORTANCE −LEGAL QUESTIONS CERTIFIED BY A U.S. COURT OF APPEALS AS DETERMINATIVE OF A PENDING CAUSE OF ACTION FOR WHICH THERE IS NO CONTROLLING PRECEDENT FROM THE FLORIDA SUPREME COURT • •EXCLUSIVE −REGULATING FLORIDA BAR −FINAL DISCIPLINARY ACTION OVER FLORIDA STATE JUDGES AND LAWYERS FOR ETHICAL BREACHES −ENACT PROCEDURAL RULES FOR THE COURT SYSTEM − • •IV PREREQUISITES TO BECOMING A JUDGE −A. EDUCATION •HIGH SCHOOL •COLLEGE •LAW DEGREE (A.B.A. APPROVED LAW SCHOOL) −J.D. −L.L.M. −B. BAR EXAM •LICENSE TO PRACTICE LAW −C. OATH OF ATTORNEY −D. LEGAL PRACTICE • • −E. ELECTION V. APPOINTMENT •POLITICAL CONSIDERATIONS •COST AND TIME REQUIRED •JUDICIAL NOMINATION PROCESS •NON PARTISAN V. PARTISAN •FUNDRAISING AND EXPENDITURES −F. CONTINUING EDUCATION REQUIRMENTS −G. JUDICIAL LECTURING • • •V. DAY TO DAY JUDICIAL RESPONSIBILITIES −ADHERE TO JUDICIAL CODE OF CONDUCT AND ETHICS −MAINTAIN DIGNITY AND DECORUM IN COURTROOM −TREAT LAWYERS AND LITIGANTS WITH RESPECT −JUDGES ARE PUBLIC SERVANTS −CONTROL YOUR CASE DOCKET −AVOID DELAY IN PRONOUNCING DECISIONS −WORK EVERY DAY AT BEING FAIR −CHOOSE FRIENDS CAREFULLY −KEEP CURRENT WITH NEW APPELLATE DECISIONS AND CHANGES IN RELEVANT RULES AND LAW −REPORT UNETHICAL OR IMPROPER CONDUCT OF LAWYERS TO THE BAR ASSOCIATION −INSPIRE PROFESSIONALISM AMONG LAWYERS • VI. OTHER COURT PERSONNEL −MAGISTRATES −COURT BAILIFF −COURT CLERK −COURT ADMINISTRATOR −PROBATION OFFICERS −JURY COORDINATOR − − −COURT PSYCHOLOGISTS −COURT TRANSLATORS −COURT MEDIATORS −LAW CLERKS −SHERIFF −JUDICIAL ASSISTANT − − − • IMG00024.jpg THE END