Thursday, May 27, 2010

Hammond: Caseload unhealthy

Despite the caseload increasing by 261% in four years, Judge Kim Hammond sees no reprieve.
by Andrew O'Brien | Staff Writer 

The judicial system is much different today compared to 1980, when Judge Kim Hammond became the resident administrative judge for the 7th Judicial Circuit Court of Florida. In 30 years, Hammond has witnessed the caseload for the circuit judges grow exponentially, and now, he says, it's near the breaking point.

Between 2005 and 2006, the two circuit judges heard 1,327 civil cases. Between 2009 and 2010, there have been 3,458 -- an increase of 261%.

Flagler County Clerk of the Court Gail Wadsworth said Hammond has the largest criminal docket in the circuit, which includes Volusia, St. Johns, Putnam and Flagler counties.

"The problem," Hammond says, "is you can't get to the cases as quickly as the opponent would like. You live in more of a fear that you do it in a hurry."

Hammond suggested the work has been overwhelming for quite some time now, and he's starting to become anxious.

"I'm not sure how long this can go on, frankly," Hammond added. "You find yourself moving more quickly than you should trying to cover the cases and not spending enough time considering the matters. That not only affects your product, but the quality of your product, and that's troublesome."

Wadsworth added, "I think they have a tremendous overload. When you have two judges doing all the work of five judges -- if you use 2004 statistics -- then our judges and their related staff are overburdened."

She compared the work load of the judges to a kindergarten teacher having an excessive amount of students in a class.

"You can't effectively teach 52 five-year-olds," she said.

According to Molly Justice, court communications officer for the 7th Judicial Circuit, for another judge to be appointed to a circuit, the state Supreme Court issues a certification of need to the state Legislature. AT this year's legislative session, the certification of need called for three additional circuit judges and two county court judges in Volusia County. Although the circuit judges can serve in any of the four counties in the circuit, county judges can only serve in their home counties.

However, according to the Office of the State Courts administrator, the request for judges was not funded in the budget this year. In fact, 2006 to 2007 was the last time the Legislature funded new judges, when 55 were approved. Of those 55, the 7th Judicial Circuit received one, now serving in St. Johns County.

Wadsworth said something needs to change, so she'll continue to speak out.

"I think the more drums we bang, the more likely we are to (be noticed)," she said.

Flagler County has two circuit court judges, Hammond and Judge Raul Zambrano, who has served here since November 2005. Prior to Zambrano's arrival, Hammond was the only circuit judge in Flagler County. Hammond presides over the felony criminal, probate, guardianship, Marchman Acts, Baker Acts, juvenile cases and some civil cases, while Zambrano presides over the civil docket, which includes family law and foreclosures.

Hammond is retiring this year, and the books close July 26 for the Aug. 24 primary election. Whoever is elected will have a big job ahead.

Hammond pointed out that it's hard to measure how many people are affected by the judicial system, but that "you can affect a great deal of people and cause a lot of harm if you don't fun the judicial branch."

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