Polk Law Blog

Commentary from Polk County, Florida attorney Kemp Brinson

Tag: legislature

Update: Clerk of Court Reform

I previously blogged about a bill that would move many of the functions of the clerk of court to the court administrator in each circuit. I am pleased to report that the bill did not pass in that form, but an amended version (from way back in late March) did pass that gives the court system [...]

The scoop on that clerk of court thing

UPDATE: I got an e-mail from the trial lawyer’s section of the Florida Bar that contains an endorsement of these reforms by the chief judge of the twelfth circuit. So it appears that this is at least partly driven by a desire by judges for more control over their files. I wholeheartedly agree with the sentiment, [...]

More on Criminal Justice Budget Problems

Two new articles are out on the effect of budget cuts on the criminal justice system, an opinion piece from the Palm Beach Post and an article in the Daily Business Review stating that the Broward County state attorney’s office is forcing its employees to take unpaid leave. From the Palm Beach Post editorial: “If [...]

Supreme Court Asked to Hear Miami Public Defender Case

The ruling I reported on earlier that allows the public defender in Miami not to accect cases due to budget cuts was stayed pending resolution by the 3rd Circuit Court of Appeals. The 3rd Distrct Court of Appeals has now asked the Florida Supreme Court to rule on the matter. Under Florida’s Constitution, a matter can [...]

New Foreclosure “Rescue” Law To Take Effect Oct. 1

My take: Good law, but I’m not sure the problem being addressed really exists any more.  I have a story for you… John and Sally Smith face foreclosure on their $150,000 mortgage. One day, while dropping their kid off at school and heading to work, they see a sign: “In Foreclosure? We can help! Call [...]