Memo to Tallahassee: Orlando needs its business court
Frederick J. Lauten, the chief judge of Florida’s Ninth Judicial Circuit Court in Orlando, announced on Wednesday that he will shutter the court’s remaining complex business litigation division to alleviate backlogs in the family court division. The business court will close on July 2, at which point its judge, Julie O’Kane, will be reassigned to family court. (The business court’s other judge was moved to family court on Jan. 1.)
As the former chief judge of the Ninth Circuit Court, I understand Chief Judge Lauten’s decision, which he described as “painful.” It’s an unfortunate truth of Florida that the courts never have the staff or funding they need. During my tenure as chief judge, I often robbed Peter to pay Paul, getting creative with existing resources because I knew no more were coming down the pike.
Along with my fellow judges Renee Roche and Thomas Smith, I established the business court in 2003 due to the unique and complex nature of business litigation. (To do so, I of course had to close a civil division.) Frankly, not every judge has the expertise to preside over these cases. They are different from other types of civil litigation, and they are difficult. Chief Judge Lauten himself worked on the business court from 2007 to 2011, and called it “one of the most demanding assignments that I had.”
Having a court with handpicked judges devoted to these cases ensures consistency and credibility on the bench. The business court also expedites trials thanks to the judges’ wealth of experience, and via a deadlinedriven case-management system that isn’t feasible in most other divisions.
Because the cases move more quickly and efficiently, the court has been well-received by the local business community and has encouraged new businesses to come to Central Florida. And because the business court’s judges serve five-year assignments instead of the usual three, attorneys know what to expect from them, and vice versa.
It has been a key addition to the Ninth Circuit Court and the Orlando community, and it has inspired similar divisions in Miami, Tampa and Fort Lauderdale. In announcing his decision, Chief Judge Lauten said, “I heard positive feedback from lawyers and business people. But it takes resources, and despite a demonstrated need, we haven’t gotten those resources.”
The Ninth Circuit Court has limited personnel with which to serve businesses and families. Families have fewer funds at their disposal and often represent themselves Their cases take longer, and there are more of them to begin with. As of last October, there were 25,000 open cases — far more than the business court had.
It’s easy to see why Chief Judge Lauten has chosen to prioritize families over businesses. But it’s a decision no judge should ever have to make.
No judicial official should have to produce adequate justice from inadequate resources.
Rule of law is the bedrock of our government, yet Florida’s courts system receives just 1 percent of the state’s overall budget. Politicians are quick to criticize the courts as sluggish, but slow to dispense the resources they need to be swift. This is why Orlando’s business court is closing its doors, and it’s a shame.
There’s an old saying that the squeaky wheel gets the grease, and come July, I expect the business community will do some squeaking. Members may band together to lobby Tallahassee for more court funding. In the past, they have failed, but as attorneys like to say, past performance is no guarantee of future results. I hope the legislators listen, and I hope they are listening now.
Until the state sees fit to fully equip Florida’s courts, justice will be delayed — and thereby denied.