Family court magistrates: is it time to consolidate the general master and child support enforcement hearing officer systems?

• Author: Jones, Robert J.
• Position: Florida

With an ever growing and changing population comes an ever growing need for evolutionary policy considerations, changes, and adaptation. Florida's population has more than doubled, from 6.7 million in 1970 to 13.9 million in 1995, with a projected 15.5 million in the year 2000.(1) Along with the increase in population, there has been a significant increase in the number of divorces and annulments in Florida. There were 52,312 marriages in 1966 in Florida, and 23,757 divorces and annulments in 1964. By 1994, there were 142,895 marriages in Florida and 81,628 divorces and annulments.(2)

When actions for adoption, paternity, post-judgment enforcement, and modification are added to the family law caseload mix, it becomes clear that family law matters consume and will continue to consume, at an ever-increasing rate, a substantial amount of judicial time, labor, and resources at both the trial and appellate court levels throughout Florida.

In addition to quantitative factors, qualitative factors must also be considered. Emotions, motivations, limited household financial resources, rapidly expanding pro se participation, language differences, the changing nature of families, birth trends, a changing work force, an increase in the complexity of issues, and the very substantial and burdensome findings of fact requirements make family law litigation the most difficult and time-consuming litigation to deal with, no matter on what side of the bench a person may be.

Insufficient Number of Circuit Court Judges

Unfortunately, because of state budgetary constraints and the criteria presently considered in the judicial certification process, there has been and, in all likelihood, will continue to be an insufficient number of circuit court judges to handle the burgeoning family law caseloads throughout the state.

This lack of a sufficient number of circuit court judges, among other things, has resulted in at least 16 of the 20 circuits, or approximately 80 percent of the circuits, in the state creating and utilizing either a general master system, a child support enforcement hearing officer system, or some combination of both systems to assist the court in its mission to efficiently and effectively administer justice to those who become embroiled in family law matters. Although these systems clearly contribute to the overall effective and efficient administration of justice, the assistance provided is presently limited by certain factors. Jurisdictional limitations, various consent requirements, and the delay in the entry of orders are directly related to the fact that general masters and child support enforcement hearing officers are not constitutional judicial officers.

[sections] 1 of Art. V of Constitution

Art. V, [sections] 1 of the Florida Constitution provides that:

The judicial power shall be vested in a supreme court, district courts of appeal, circuit courts and county courts. No other courts may be established by the state, any political subdivision or any municipality. The legislature shall, by general law, divide the state into appellate court districts and judicial circuits following county lines. Commissions established by law, or administrative officers or bodies may be granted quasi-judicial power in matters connected with the functions of their offices. The legislature may establish by general law a civil traffic hearing officer system for the purpose of hearing civil traffic infractions.

Although each general master system and child support enforcement system in the state is part of the circuit court it serves, and limited judicial powers and functions may be delegated to a general master or child support enforcement hearing officer, a general master or child support enforcement hearing officer does not possess any independent, constitutionally mandated judicial power or authority.

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