On its own motion, the Court’s February 2, 2023 order amends Florida Rule of General Practice and Judicial Administration 2.230 (Continuing Judicial Education) to delete language formerly providing that “[a]pproved courses in fairness and diversity also can be used to fulfill the judicial ethics requirement.” That same day, by administrative order, the Court also dissolved The Florida Bar’s Standing Committee on Diversity. Calling the terms “fairness and diversity” “unilluminating and frequently contested,” the Court determined that “the pre-amendment rule text was overbroad, because course content about ‘fairness and diversity’ might or might not pertain to judicial ethics.” The Court’s lone dissenter, Justice Jorge Labarga, had a very different take on the matter, and said: “this unilateral action potentially eliminates vital educational content from our state courts’ judicial education curriculum and does so in a manner inconsistent with this Court’s years-long commitment to fairness and diversity education. “Moreover,” Justice Labarga continued, “it paves the way for a complete dismantling of all fairness and diversity initiatives in the State Courts System.” He ended thusly: “I strenuously dissent. [S]uch a decision at this level of institutional gravity is, in my opinion, unwarranted, untimely, and ill-advised.” The majority took Justice Labarga to task, countering: “Our Court remains unwavering in its commitment to the foundational principles of civility, due process, and equal justice under law. Any contrary suggestion in the dissent is unjustified.” Professor Fingerhut commented, and in doing so commended Justice Labarga: “America is about who we are and what we want. And in a country big like ours, one size rarely fits all. And so, while the majority’s pledge – that course content on procedural fairness and nondiscrimination will, despite the stricken language, continue to qualify for judicial ethics credit – signals nothing sinister, and is even soothing, to some, others, keen to generational injustice through a different lens, are rightly rattled. “Why indeed did the Court take it upon itself – so decisively, hastily, and in isolation – to heed ‘fairness and diversity” in judicial education by implication alone?” Professor Fingerhut continued. “Did these words really need to go so that judges not be duped into taking overbroad ethics course content?” Professor Fingerhut concluded: “To this foreboding, Justice Labarga sounded a sadly familiar but ever necessary alarm. For at bottom, our courts should make justice feel more possible, not less, if they are to truly be our great levelers.” The case is No. SC23-114 (In Re: Amendments to Florida Rules of General Practice and Judicial Administration 2.320). The administrative order is No. AOSC23-7 (In Re: Standing Committee on Fairness and Diversity). See Professor Fingerhut’s comments in The Daily Business Review here. See the Court’s opinion removing the fairness and diversity requirement here. See the Court’s order dissolving the Standing Committee on Diversity here. ~ ~ ~ ~ Professor Fingerhut is Assistant Director of the Trial Advocacy Program at FIU Law. He teaches Trial Advocacy, Pretrial Practice, and Criminal Procedure. He is dually appointed as a Fellow in The Honors College at FIU, where serves as Pre-Law Faculty Advisor and teaches the upper-division seminar Observing Ourselves. Rated AV Preeminent, Martindale-Hubbell’s highest peer rating, Professor Fingerhut practices criminal and Florida Bar defense and represents student-applicants before the Florida Board of Bar Examiners. He is consistently ranked among Florida’s leading criminal defense attorneys, including Best Lawyers in America, and is a three-time FIU Law Professor of the Year. Reach him at 305-348-8095 and fingerhut@fiu.edu. To find out more about Trial Advocacy at FIU Law, visit law.fiu.edu/trialad
Professor Fingerhut Comments in Daily Business Review on Florida Supreme Court Eradication of Fairness and Diversity Mandate for Judicial Education
Professor H. Scott Fingerhut was sought for comment by The Daily Business Review after the Florida Supreme Court recently eliminated the requirement that Florida judges receive ethics training expressly addressing “fairness and diversity.”