Item N1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 15. 2002 Division: Judicial
Bulk Item: Yes -1L- No Department: Court Administration
'.
AGENDA ITEM WORDING: Approve Chief Judge's authorization to create three
$'
jury districts, one for each courthouse location, from which jury lists'shall be
s~lected in the manner presenUy provided by law.
ITEM BACKGROUND: There have been three jury districts in Monroe County since.
the early 1980's. The court's Local Rule on the special districts had to be updated
to indude 2000 census information and updated references. Since the last time
the rule was updated, Florida law changed (in 1998) from authorizing the Chief
Judge with the approval of a majority of circuit and county judges to create jury
districts to authorizing the Chief Judge with the approval of a majority of the
county commissioners to create jury districts.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT I AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
REVENUEPRODUCING:Y~
No
AMOUNT PER MONTH
YR
APPROVED BY: County Atty _
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing _ Risk Management
~ 1) \0.~
Theresa D. Westerfield, Court A inistrator
DOCUMENTATION:
Included
x
To Follow
Not Required
AGENDAITEM#~
DISPOSITION:
Revised 2/27/01
40.015 Jury districts; counties exceeding 50,000.-
(1) In any county having a population exceeding 50,000 according to the last preceding
decennial census and one or more'locations in addition to the county seat at which the county or
circuit court sits and holds trials, the chief judge, with the approval of a majority of the county
commissioners, is authorized to create a jury district for each courthouse location, from which
jury lists shall be selected in the manner presently provided by law. The creation of a jury district
under this section may be initiated by either the chief judge or a majority of the county
commissioners.
'S
(2) In determining the boundaries of a jury district to serve the court located within the
district, the chief judge or the board of county commissioners shall seek to avoid any exclusion
of any cognizable group. Each jury district shall include at least 6,000 registered voters.
H~ory.--s. 1,ch. 7~114;s.2.ch. 7~235;s. 1.ch.~98.
ill[n1m~'IT
IN THE CIRCUIT COURT OF THE 16TH
JUDICIAL CIRCUIT OF THE STATE OF
FLORIDA IN AND FOR MONROE COUNTY
INRE:
SPECIAL JURY DISTRICTS
FOR MONROE COUNTY
--
LOCAL RULE NUMBER 8
f
WHEREAS, Section 40.015(1), Florida Statutes, provides that in any
county having a population exceeding 50,000 according to the last preceding
decennial census and one or more locations in addition to the county seat at
which the county or circuit court sits and holds jury trials, the Chief Judge, with
the approval of a majority of the Monroe County Board of County
Commissioners, is authorized to create a jury district for each courthouse
location, from which jury lists shall be selected in the manner presently
provided by law; and
WHEREAS, subsection (2), thereof, provides that each jury district shall
include at least 6,000 registered voters; and
WHEREAS, the official U.S. Bureau of Census data indicates that as of
2000, Monroe County has a population of 79,589; and
WHEREAS, the Supervisor of Elections indicated that as of August 22,
2001, Monroe County has a registered voter population of 50,83-3 with the
districts as proposed herein consisting of the following apportionment:
Lower Juror District (Precinct Numbers 1 through 17) - 26,725 registered
voters; Middle Juror District (Precinct Numbers 18 through 24) - 11,229
registered voters; and Upper Juror District (Precinct Numbers 25 through 33) _
12,879 registered voters; and
WHEREAS, the purpose of these geographical divisions is to reduce
substantial travel time for jurors and to increase the summoning yield. These
geographical divisions reflect a true cross-section of Monroe County, with no
systematic exclusion of any group in the juror selection process and do not
otherwise violate equal protection requirements. The Court will review this
local rule on an annual basis as per Spencer v. State, 545 So. 2d 1352 (Fla.
1989); and
WHEREAS, pursuant to Section 40.015(2), Florida Statutes, the Chief
Judge and the Monroe County Board of County Commissioners sought to avoid
exclusion of any cognizable group; and
WHEREAS, a majority of (?) the Board of County Commissioners at a
regularly scheduled meeting on unanimously'(?)
approved the creation of jury districts consistent with the terms and conditions
of this Rule;
NOW, THEREFORE, pursuant to the authority conferred by Rule
2.050(b), Fla.R.Jud.Admin., it is
ORDERED that:
@~~W\l
1. There is hereby created three (J) separate jury districts, one for
each courthouse location, from which jury lists shall be selected in the manner
presently provided by law and local rule. Districts shall conform to the
following guidelines:
a. Lower Keys Jury District - including the City of Key West to
the west end of Spanish Harbor Bridge (Precinct Numbers 1
through 17); and
b. Middle Keys Jury District - beginning at the west end of the
Spanish Harbor Bridge to, and including, Islamorada
(Precinct Numbers 18 through 24); and
c. Upper Keys Jury District - beginning at the west end of
Plantation Key to and including Ocean Reef and that portion
of Monroe County situated upon the mainland of Florida
(Precinct Numbers 25 through 33).
2. All civil jury trials and criminal jury trials, including capital cases,
will utilize venires drawn from special jury district where the case is to be tried,
unless modified by a specific order of the Chief Judge for clear and convincing
reasons.
3. The manner of selection shall be controlled by Chapter 40, Florida
Statutes and Local Rule Number 5, In re: Jury Selection..
4. This Rule shall have no application to circuit grand jurors or
statewide grand jurors selected pursuant to Sections 905.01 and 905.37, Florida
Statutes, respectively.
[IDrnffi~1l
By virtue of Rule 2.050(e), Fla-.R.Jud.Admifi:, this Local Rule shall be
submitted to the Supreme Court for approval and shall become effective upon
the approval date.
DONE and SIGNED in Chambers at Key West, Monroe County;.Florida,
this~daYOf~'..t '200~
' , Richard G. Payne ~
Chief Judge
APPROVED by the Supreme Court of Florida on the
, 2002.
day of