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Lawmakers Work Hard - So Do Judges

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Published: May 2, 2008

Florida State Sen. Victor Crist's concern that judges are not in the courtroom 40 hours per week and calling for an efficiency audit of the courthouse brings back memories of when I had the same job Crist has in Tallahassee.

I served 12 years in the Legislature and represented Senate District 24 (five counties).

The public's opinion then and now was that legislators do little work. The public believes that all they do is meet 60 days a year, spend half of that time in session and leave the chambers during debate, yet they get paid for working 12 months a year. Some people might believe that an efficiency audit of the Legislature would be in order.

I know firsthand that is not true; and I am sure Crist, who by reputation and honors he has received, appears to be very dedicated, conscientious and a hardworking senator. I am sure he works thousands of hours a year familiarizing, studying and educating himself on the numerous subject matters that require his informed judgment. Not much of the work he performs out of session is visible to the general public.

Most legislators are equally dedicated, although there are always a few who just show up for the session without doing any homework.

After I voluntarily retired from the Florida Senate, I was elected to the circuit court and served until five years ago.

There is a lot of similarity between a legislator's work and a judge. Like a senator, a judge spends a lot of time studying the law to be fully and well informed on all the legal issues in order to make an informed and correct decision.
State trial judges must do their own legal research, write opinions, orders and final judgments since they do not have assigned law clerks like the federal judges. None of this work can be done in the courtroom; you need to have privacy, basically secluded to avoid distractions.

I found I could do my best studying, research and writing at night and on weekends at home. This was the same pattern I followed and I presume Crist follows in carrying out his Senate duties today.

I offer this observation since I have had the unique opportunity to walk in the shoes of a senator and a trial judge.

Tom Gallen is a former state senator and circuit judge.

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