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Foreclosures and ‘rocket dockets’ not a rush to judgment
BY JUDITH L. KREGER
Ieegerualecurtsorg
‘More than two years ago,
‘NBC's Brian Williams called
Florida the “poster child” for the
nation’s foreclosure crisis, Amid
the worst economic crisis since
1928, hundreds of thousands of
Florida properties were the sub-
ject of foreclosure cases, The
‘umber of foreclosure flings
increased by 396 percent from
2007 to 2010,
‘In Miami-Dade County, the
average caseload
increased in all
divisions. For a
civil division
judge, the case-
Toad quadrupled,
‘with increased
filings for all
HEME types of cases in
a addition to fore-
‘closures. At the same time, bud-
get cuts climinated court staff
Such as magistrates, ase manag-
ers and
‘The result: People had access
to their courts to file, ut they.
‘began to experience long delays.
‘Resources that support the erimi-
nal-justice system (40 percent of
the circuit court caseload) had to
remain in place for compliance
with speedy-trial rules. The de-
erease in staffing had to be ab-
Quince said, “We cannot over-
state the casl relationship be-
twreen the los of supplemental
resources and the increase in
Porthice yer, the
Court had certified the need for
‘cditional judges to handle
steadlly increasing caseloads, to
no avail
overt
eae
ree
the Legislature and Gov. Charlie.
Segereece
funds requested. Those funds
ee
senior judges (retired judges who
Sree
emer,
ee
See
By plugging in these temporary
aeeens
piel
Scar
Seon
ae
iS dommes
ourecenmes
_—
oe
Steen
that blight Florida communities,
ao
Sanras
Cases are generally not contested,
sorbed by the noncriminal 0 they usually require minimal
divisions. hearing time.
In February, the Florida Su- Florida court rules provide for
‘preme Court performed the an- expedited processing after the
‘ual duty of surveying caseloads owner has been properly not.
{nstate courts to ascertain the flied; there are fewer due-process
need for additional judges. After - impediments when no one is
noting the loss of court support interested in keeping the proper-
stall then-Chief Justice Peggy ty. The task force recommended
that a chief judge designate a
Se
foreclosure judgeto dispose of minutes I sid, “Now imagine
those cases. The hearings are your frustration if you are a prop-
brit because usually only the erty owner faced with losing your
luni representativeatends, Rome (wobbly aor mings
takofrenicwingalldocumenee SOE Suing with ay
tion to determine that all proce- . "These brie hearings teat sam=
Pe a ae tet be ‘mon the plaintiff's attorney and
ens outofpuble view belorea fhe dareeia tomy
Judge signs the final judgment So. reate the opportunity fo he
ancbserverofthoschearngs orn remy ie
ight not understand that each the proces ofan ee.
thse es musts becarf- DE POCR of
Yeranined without havinga Esch tet age of Florida's
defndantc ently pacated ate eon
* +. a ‘these one-time funds in light of
cesta contests ie veces neds, valle
{ake a different judicial path. The sour cilities, andthe local
task force heard owner reports of backlog, By assigning
i ors of appropriate cases mass sacs
Inability to communtste with ass
Soe arama wi Ee ected by eects
especially when residential mort- (those that the media call “rocket
fxges have been securidzedag” cet) alter paralegals and
iro. fesearch atomneys hase sovewed
that he lener i no longer 2
oa wthefle, the more-complex eases
‘The task force recommended can be given the time and judicial
that judges une “open” orwalk-fesources they require.
Speeders focet trum. Now more tha ewes weve
where an owner or ocupent importance s
Could ry make an arange- examination of every docmnegt
tent ‘ovemain inthe property” utaik that must be potent
‘hejudge coldthen deere lawained protaconaliea
casein mediation program: quiet sting
During the past few months,1 "Those who report on how
have presided over open elem: Florida's wal cour areheeaing |
dats in Broward County and'mass foreclosure cases should eae’ |
calendars in Miami-Dade County that open andmast ances tn
Everyday propery owners and.” be alogitimate meas fee
unt describe her iicu- ing coan freclonure ceo
Ses in reaching human oie chr Oreleure cases
th thee to communicate and with consideration to
‘withthe los sarvicne mee |
‘Ones [ied toca one ofthe SMP i
aint foreclosure nw fm in. Judith Kreger isa senior |
‘open court, only to be placed on judge assigned to, . |
creasing old Ateceanacg lguresates inca Pieter
ae er Sn en