Judges: Robert A. Butterworth Attorney General
Filed Date: 1/23/2002
Status: Precedential
Modified Date: 7/5/2016
The Honorable Marc A. Cianca Chief Judge, Nineteenth Judicial Circuit St. Lucie County Courthouse 315 Courthouse Addition 218 South Second Street Fort Pierce, Florida 34950
Dear Judge Cianca:
As Chief Judge of the Nineteenth Judicial Circuit of Florida, you ask the following question:
Does the chief judge have the authority or discretion to use funds generated from filing fees designated solely for mediation or alternative dispute resolutions for the purpose of hiring a part-time general master to conduct judicial reviews on juvenile dependency issues?
In sum:
Funds generated from filing fees designated solely for mediation or alternative dispute resolutions may be used only for those purposes, and therefore, such funds may not be used for the purpose of hiring a part-time general master to conduct judicial reviews on juvenile dependency issues.
You state that as chief judge you are charged with the administration of the circuit so that cases are disposed of promptly. According to your letter, a dependency court general master would be able to assist the judiciary in the prompt disposition of juvenile dependency cases and to conserve judicial resources. Such a general master would conduct the regularly required judicial reviews to determine if a parent is in compliance with a court-ordered case plan.
Under the Rules of Family Law, circuit court judges are permitted to appoint general masters to assist the court.1 It is necessary, however, to identify funding for these positions. You state that there are monies available in the mediation/ alternative dispute resolution account established pursuant to section
The Nineteenth Judicial Circuit has implemented a mediation program pursuant to section
"(1) Levying, in addition to other service charges levied by law, a service charge of no more than $5 on any circuit court proceeding, which shall be deposited in the court's mediation-arbitration account fund under the supervision of the chief judge of the circuit in which the county is located; and
(2) Levying, in addition to other service charges levied by law, a service charge of no more than $5 on any county court proceeding, which shall be deposited in the county's mediation-arbitration account fund to be used to fund county civil mediation services under the supervision of the chief judge of the circuit in which the county is located.
(3) Levying, in addition to other service charges levied by law, a service charge of no more than $45 on any petition for a modification of a final judgment of dissolution, which shall be deposited in the court's family mediation account fund to be used to fund family mediation services under the supervision of the chief judge of the circuit in which the county is located."2
You have supplied this office with a copy of Saint Lucie County Ordinance Number 90-39, which imposes the additional service charges and provides that the costs collected for mediation-arbitration services shall be deposited in the mediation-arbitration account funds. Such funds are to be used for circuit civil mediation-arbitration services, county civil mediation-arbitration services and family mediation-arbitration services under the supervision of the chief judge.
In Attorney General Opinion 01-40, this office considered whether funds received from the $3 court cost assessed pursuant to section
In addition, this office recognized the principle of statutory construction that when the controlling law directs how a thing is to be done, that is, in effect, a prohibition against its being done in any other way.4 Thus, this office concluded that section
Similarly, section
Accordingly, I am of the opinion that funds generated from filing fees designated solely for mediation or alternative dispute resolutions may be used only for those purposes. Thus, such funds may not be used for the purpose of hiring a part-time general master to conduct judicial reviews on juvenile dependency issues.
Sincerely,
Robert A. Butterworth Attorney General
RAB/tjw