Senate Bill 1134

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    Florida Senate - 2000                                  SB 1134

    By Senator Jones





    40-758-00

  1                      A bill to be entitled

  2         An act relating to a court watcher's program;

  3         providing a short title; providing legislative

  4         goals; directing the Office of the Attorney

  5         General to assist a court watcher's

  6         organization; defining the term "court

  7         watcher"; providing for creation and

  8         incorporation of a not-for-profit court

  9         watchers' organization entitled the "Alliance

10         for Constitutional and Ethical Court Watch

11         Program"; providing organization and

12         responsibilities of the alliance; providing for

13         a board of directors; prescribing

14         qualifications of board members; providing for

15         a president of the alliance; providing for

16         hiring of alliance employees; providing certain

17         exemptions from part I of ch. 110, F.S.,

18         relating to state employment; providing for

19         applicability to the president and court

20         watchers of part IV of ch. 110, F.S., relating

21         to volunteers; providing for reimbursement for

22         per diem and travel expenses of the board and

23         employees of the alliance; providing for office

24         space; providing certain immunity from

25         liability; providing for funding; requiring the

26         alliance board to submit an annual report to

27         the Governor, the Legislature, the Attorney

28         General, and the Supreme Court; providing an

29         appropriation; providing an effective date.

30

31  Be It Enacted by the Legislature of the State of Florida:

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    Florida Senate - 2000                                  SB 1134
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  1         Section 1.  Short title.--This act may be cited as the

  2  "Alliance for Constitutional and Ethical Court Watch Act."

  3         Section 2.  Legislative goals.--The goals of this act

  4  are to:

  5         (1)  Effectuate a partnership between the public and

  6  the state court system for the improvement of the judicial

  7  system by eliminating bias and prejudice, thereby improving

  8  the quality of justice.

  9         (2)  Increase awareness and sensitivity of members of

10  the state court system by monitoring the professional and

11  ethical conduct of all officers of the court and court

12  personnel and identifying discrimination or prejudice.

13         (3)  Effectuate a partnership between the public and

14  the state court system for improving access to the courts.

15         Section 3.  Court watchers' alliance; creation.--The

16  Florida Supreme Court, through the Office of the Attorney

17  General, shall provide assistance to a not-for-profit court

18  watching organization, entitled the "Alliance for

19  Constitutional and Ethical Court Watch Program." The program

20  shall be a separate budget entity for purposes of chapter 216,

21  Florida Statutes.

22         Section 4.  Court watchers.--

23         (1)  DEFINITION.--As used in this act, the term "court

24  watcher" means a trained volunteer who monitors court

25  proceedings, records observations in the courtroom, and

26  collects court-related data for purposes of observing whether

27  there have been any violations of the constitutional right of

28  access to the courts and observing whether there exist

29  patterns of prejudice, discrimination, or bias of any kind,

30  based on, but not limited to, race, ethnicity, disability,

31  gender, religious or sexual preference, or other forms of

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    Florida Senate - 2000                                  SB 1134
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  1  illegal discrimination or prejudice. A court watcher also

  2  monitors the professional and ethical conduct of all officers

  3  of the court and of court personnel.

  4         (2)  MINIMUM QUALIFICATIONS.--A court watcher must:

  5         (a)  Not be an attorney;

  6         (b)  Be at least 18 years of age;

  7         (c)  Agree to respect legal confidentiality as

  8  required; and

  9         (d)  Be able to attend and complete satisfactorily a

10  personal interview and scheduled training sessions.

11         (3)  TRAINING.--Court watchers must attend training

12  sessions by teams of judges and attorneys who shall conduct

13  training sessions for the volunteer court watchers and assist

14  in reviewing any complaints observed by court watchers.

15  Additional training must be provided for volunteer court

16  watchers in ethics, the mechanics of docketing, the review of

17  case files, the use of computerized records, courtroom

18  protocol, and recordkeeping techniques. A coordinator shall

19  provide introductions to court personnel.

20         Section 5.  Organization of alliance.--The Alliance for

21  Constitutional and Ethical Court Watch Program shall be a

22  not-for-profit corporation formed under chapter 617, Florida

23  Statutes, to be governed by a board of directors. The board of

24  directors shall consist of the following members:

25         (1)  A person designated by the Attorney General;

26         (2)  A person designated by the President of the

27  Senate;

28         (3)  A person designated by the Speaker of the House of

29  Representatives;

30         (4)  A person designated by the Chief Justice of the

31  Florida Supreme Court;

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    Florida Senate - 2000                                  SB 1134
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  1         (5)  A person designated by the Governor;

  2         (6)  One person from a state attorney's office,

  3  designated by the president of the alliance and approved by

  4  the other members of the board of directors;

  5         (7)  One person from a public defender's office,

  6  designated by the president of the alliance and approved by

  7  the other members of the board of directors; and

  8         (8)  At least 8, but not more than 15, citizens who are

  9  not affiliated with any law firm or with the judicial system

10  and who are nominated by the chairperson of the board and

11  approved by the other members of the board. The citizen

12  members shall be appointed to staggered terms of 2 years and

13  should include members from the public and private sectors.

14         Section 6.  Alliance; board of directors.--

15         (1)  The chairperson of the board of directors shall

16  serve as the president of the alliance.

17         (2)  A quorum of the board shall consist of one-half

18  plus one of the members of the board. A majority of those

19  voting is required to organize and conduct the business of the

20  alliance, except that a quorum is required to designate or

21  remove the president or to adopt or amend the operational

22  plan.

23         (3)  Except as delegated or authorized by the board,

24  individual board members have no authority to control or

25  direct the operations of the alliance or the actions of its

26  officers and employees, including the president.

27         (4)  The board of directors may appoint subcommittees

28  to fulfill its responsibilities or to assist it with technical

29  advice or policy consultation and information about

30  court-related procedures.

31

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    Florida Senate - 2000                                  SB 1134
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  1         (5)  Members of the board and its subcommittees shall

  2  serve without compensation, but members and the president and

  3  all employees of the alliance may be reimbursed for per diem

  4  and travel expenses in accordance with section 112.061,

  5  Florida Statutes. The president and all employees of the

  6  alliance are exempt from part II of chapter 110, Florida

  7  Statutes, but the president and court watchers are subject to

  8  part IV of chapter 110, Florida Statutes.

  9         (6)  The board of directors shall meet at least

10  quarterly, and at other times upon call of its chairperson.

11         Section 7.  Alliance; responsibilities; immunity from

12  liability.--

13         (1)  The board of directors of the alliance shall have

14  all the powers and authority not explicitly prohibited by

15  statute which are necessary or convenient to carry out the

16  purposes of this act and the functions, duties, and

17  responsibilities of the alliance, including, but not limited

18  to:

19         (a)  Adopting an official seal.

20         (b)  Developing goals, policies, and procedures

21  designed to:

22         1.  Guide volunteer court watchers in their role as

23  observers of court procedures and coordinate volunteers'

24  participation in court watching;

25         2.  Coordinate volunteer teachers, including, but not

26  limited to, persons familiar with court administration and

27  retired or inactive attorneys and judges to train court

28  watchers in court procedures and other court-watching matters;

29         3.  Provide improved public access to the courts and

30  assist members of the public who wish to represent themselves

31  as pro se litigants by providing information on how to locate

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    Florida Senate - 2000                                  SB 1134
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  1  the Supreme Court "Self-Help" Programs, other legal-aid

  2  assistance programs, the proper court clerk's offices, and any

  3  other offices in the judicial system which may be useful or

  4  important for a pro se litigant; and

  5         4.  Provide goals, policies, and procedures for review

  6  committees responsible for reviewing complaints and

  7  determining where merit exists, and provide for forwarding

  8  information to the appropriate governing authority.

  9         (c)  Soliciting, borrowing, accepting, receiving,

10  investing, and expending funds from any legal source.

11         (d)  Contracting with public and private entities as

12  necessary to further the directives of this act.

13         (e)  Developing information systems to determine the

14  effectiveness of the program and any cost benefit to the

15  state.

16         (f)  Securing and retaining tax-exempt status under s.

17  501(c)(3) of the Internal Revenue Code.

18         (g)  Approving an annual budget.

19         (h)  Seeking public and private funding through grants,

20  donations, fundraising activities, and legislative

21  appropriations.

22         (i)  Providing an annual report to the Executive Office

23  of the Governor, the Attorney General, the President of the

24  Senate, the Speaker of the House of Representatives, and the

25  Florida Supreme Court which includes, but is not limited to,

26  the number and source of complaints by court watchers, the

27  number of complaints resolved, and any recommendations

28  regarding legislation necessary to improve the program or the

29  state court system generally.

30         (2)  The alliance and its volunteers and employees are

31  granted sovereign immunity in the same manner and to the same

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    Florida Senate - 2000                                  SB 1134
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  1  extent as the state under the laws and Constitution of the

  2  State of Florida. Section 768.28, Florida Statutes, applies to

  3  the alliance, and to its volunteers and employees, which is

  4  deemed to be a corporation primarily acting as an

  5  instrumentality of the state but is not to be considered an

  6  agency within the meaning of section 20.03(11), Florida

  7  Statutes.

  8         Section 8.  Facilities.--The judicial circuit shall

  9  provide, at no charge to the alliance, adequate office space

10  within a court facility, including room for conferences and

11  meetings.

12         Section 9.  There is appropriated from the General

13  Revenue Fund to the Office of the Attorney General an amount

14  sufficient to carry out the purposes of this act during the

15  2000-2001 fiscal year.

16         Section 10.  This act shall take effect July 1, 2000.

17

18            *****************************************

19                          SENATE SUMMARY

20    Directs the Supreme Court, through the Office of the
      Attorney General, to assist a court watcher's
21    organization. Defines the term "court watcher." Provides
      for the creation and incorporation of a nonprofit court
22    watchers' organization entitled the "Alliance for
      Constitutional and Ethical Court Watch Program." Provides
23    for organization and responsibilities of the alliance.
      Provides for a board of directors. Prescribes
24    qualifications of board members. Provides for a president
      of the alliance. Provides for hiring of alliance
25    employees. Provides for reimbursement for per diem and
      travel expenses of the board and the president and
26    employees of the alliance. Provides certain immunity from
      liability. Provides for funding. Requires the alliance to
27    submit an annual report to the Governor, the Legislature,
      the Attorney General, and the Supreme Court. Provides an
28    appropriation.

29

30

31

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