Title Procedure Before General Magistrates and Child Support Enforcement Hearing Officers

In Florida, the state pays general magistrates and hearing officers to help with family law cases. They are not in the state constitution or statutes, but they make it faster and cheaper to resolve family disputes. They are different from regular judges because they don’t have job security or salary protections. They are picked differently and don’t have to disclose their finances. They handle a lot of cases and their decisions are given a lot of respect by the regular courts. General magistrates and hearing officers are appointed by judges and can handle family law matters. If a party disagrees with the appointment, they must file an objection within 10 days. The notice of referral must be specific, and the referee can only hear what is referred to them. If a party doesn’t show up to a hearing, the referee can continue without them. The rules of evidence apply, and parties must object during the hearing to preserve their rights. All hearings are recorded, and if a party wants to challenge the decision, they must request a transcript of the recording. The general magistrate must submit a report and recommendation to the circuit judge with their findings and suggestions. In a juvenile case, specific language about filing exceptions must be included in the report. The hearing officer must also submit a recommended order with their findings. If the report is based on testimony, it should say so. The general magistrate must submit the report before resigning and give notice to the parties. If no exceptions are filed, the circuit judge reviews the report and recommendation to see if they match the evidence and law. The same goes for the hearing officer’s recommended order. Filing exceptions happens before the circuit judge rules on the report, and filing a motion to vacate happens after the judge acts on the recommended order. If you disagree with a decision made by a judge or hearing officer in a family law case, you have 10 days to file a formal objection. If you don’t do this, you won’t be able to appeal the decision later. If you want to challenge a decision made by a circuit judge, you also have 10 days to do so. It’s important to be specific about why you disagree with the decision. Make sure to gather all the documents and evidence from the hearing to support your objection or challenge. It’s better to file an objection or challenge rather than asking for a rehearing, as this can limit your options for further review. If someone files a complaint about a decision made by a judge, the judge has to review the whole case, including any recordings. The judge has to listen to the complaints and make a decision based on the facts and the law. If the complainant wants to change the judge’s decision, they have to provide evidence that the judge made a mistake. The judge uses three standards to review the decision: they check the facts, the law, and any conclusions made. If the judge doesn’t follow the rules, the decision can be sent back for a new review. If the case goes to a higher court, that court will only change the judge’s decision if they think the judge made a big mistake. Mr. Prugh is a general magistrate and child support enforcement hearing officer in the Seventh Circuit. He has been on the Juvenile Rules Committee since 2002. This column is from the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/title-procedure-before-general-magistrates-and-child-support-enforcement-hearing-officers/