Elimination of Florida terms of court and its effect on appellate mandates.

• Author: Amitrano, Scott S.

A "term of court" generally can be defined as a fixed period of time prescribed by law for the administration of judicial duties within which the business of the term should be transacted. (1) Put simply, a term of court signifies a time period between two specific dates on the court's calendar.

But this definition was not always so narrow in Florida. The phrase "terms of court," as it is used today, appears to have transcended its original meaning and purpose over the years. Our legislature has recognized some of the problems with applying this antiquated notion to our modern courts, and has enacted legislation aimed at its removal.

Historic Examination

In 1868, the Florida Constitution divided the state into seven judicial circuits and assigned one judge to each circuit. (2) Each of the seven circuits encompassed multiple counties within the state. (3) The judge assigned to a particular circuit was required to reside within that circuit. (4) Every year, each of the seven judges was required to hold two annual "terms of his court in each county within his circuit." (5) Unexcused absence of a circuit judge on the first day of the term resulted in a $100 deduction from his salary and required him to explain his reasons for nonattendance in writing. (6) The circuit judges literally "rode the circuit," passing from county to county in order to conduct court affairs. (7) In a time when travel was difficult and communications were slow, these "terms of court" were created to ensure that the circuit judges completed these journeys to each county on a regular basis. (8)

Similar to the requirements of the circuit courts, the Florida Supreme Court was required under the state constitution to hold three terms annually, commencing on the second Tuesday of October, January, and April. (9) A Supreme Court justice--which was a part-time job in the early days of our state--required time for travel to Tallahassee to attend these terms. (10)

In 1957, at the same time Florida's intermediary appellate courts were created, the Florida Legislature established our current terms of court for the Supreme Court and newly founded district courts of appeal. (11) Presently, the Florida Supreme Court's terms commence annually on January 1 and July 1, respectively, unless these days fall on a Sunday or legal holiday, in which case the term commences on the first subsequent non-Sunday or nonlegal holiday. (12) Similarly, the district courts' terms commence on the second Tuesday in January and July. (13)

The Purpose...