Is It Time to Consolidate the General Master and Child Support Enforcement Hearing Officer Systems?

The population in Florida is growing, and so is the number of divorces and family law cases. There aren’t enough judges to handle all these cases, which means that it takes a long time for cases to be heard. There are also other factors, like emotions and financial issues, that make family law cases difficult to deal with. There aren’t enough judges in Florida’s court system, so they’ve created systems with general masters and child support enforcement officers to help with family law cases. But these officers don’t have all the powers of a regular judge, so there are limitations to what they can do. Currently, general masters and child support enforcement hearing officers in Florida can’t make final decisions in family law cases. They can only write up reports and recommendations for a judge to approve. But there’s a proposal to change this by creating a family court magistrate system, similar to the U.S. magistrate system. This would make the process more efficient and uniform. It’s not a new idea – the federal court system already has magistrate judges to help with cases. In Florida, if you want a general master to handle your family law case instead of a judge, both parties have to agree. This can cause delays and frustration for everyone involved. It also means that it takes longer for a decision to be made after a hearing. Because of this, general masters aren’t allowed to handle cases involving domestic or repeat violence, where quick decisions are really important. If a general master was a judge, they wouldn’t need permission to make a decision after a hearing. This would make the process faster and reduce paperwork. The decision could still be appealed. Child support enforcement hearing officers were created to follow federal rules for handling support cases. They can only hear child support cases, not other family law matters. The process for them to make a decision is also faster and doesn’t require consent. Florida may not be following federal rules for handling child support cases, which could result in losing federal funds. The state’s rules may also have constitutional issues. This could be resolved if child support enforcement officers were treated as judicial officers, which would eliminate the need for certain restrictions and address constitutional concerns. Establishing a constitutionally mandated family court magistrate system would help make the handling of family law cases more efficient and effective. It would also make it easier for judicial officers to handle emergency matters, support and visitation enforcement, and domestic violence cases. This system would also create uniform standards for appointing and training judicial officers, and save money by avoiding the need to appoint more circuit court judges for family law matters. Overall, it seems like a good idea, but there are still some important issues that need to be figured out. Who should appoint a family court magistrate – the Governor, chief judge of the circuit, or majority of circuit court judges? What should the minimum qualifications be for a family court magistrate? Right now, circuit court judges in Florida are chosen by the Governor or elected, while general masters and child support enforcement hearing officers are appointed by the chief judge of the circuit. In the federal court system, U.S. magistrate judges are appointed by the majority of all the judges of the district court, and if there’s no agreement, then by the chief judge. As for qualifications, circuit court judges must be a member of The Florida Bar for at least five years and reside in the court’s jurisdiction. General masters and child support enforcement hearing officers also need to be a member of The Florida Bar. U.S. magistrate judges generally need to be a member in good standing of the highest state court’s bar. A family court magistrate system can help make the court process for family issues more efficient. This could mean creating specific roles for magistrates, deciding how many are needed, and figuring out how they will be funded. Florida has a history of making positive changes to its legal system, so it might be time to consider creating a family court magistrate system. Robert J. Jones is a lawyer who works in the circuit court of the 11th Judicial Circuit in Dade County. He helps with family law cases and is involved in different committees related to family law.

Source: https://www.floridabar.org/the-florida-bar-journal/is-it-time-to-consolidate-the-general-master-and-child-support-enforcement-hearing-officer-systems/