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Bills Pose Threat To Separation Of Powers In The Judicial System

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By PAULA O' NEIL

Special to the Tribune

Published: March 8, 2009

In November, you elected me to be your clerk of circuit court and county comptroller. This office was created by Andrew Jackson and solidified in the constitution of the state of Florida in 1938 to protect the interests of each citizen by safeguarding your court, official and financial records. This separation of powers ensures the integrity of our court system without the risk of conflicts of interest. And, like all our cherished rights and protections, if we are not careful to preserve the public interest, we may lose ground to other pressing initiatives.

Recent legislative activity threatens to tear apart the basic foundations of our state's constitution and greatly reduce your right to the independent oversight and checks and balances in our court system. Clerks serve as the public's most direct point of entry and access to the courts and to their own public records. This past week, identical bills were filed in the Florida Senate and House of Representatives that would drastically change the Florida judicial system by moving all court-related duties from the clerks offices and placing them under the control of the judiciary.

To justify this action, the judiciary has presented numerous inaccuracies relating to the operation and budgets of clerks offices. Part of my responsibility includes serving as your county auditor, so I am sure you understand why this situation concerns me. I believe we have the best judges in the state here in Pasco, and I have a great deal of respect for our chief judge, Robert Morris. However, you have entrusted me to look for areas to avoid opportunities for corruption. We can cite article after article about bad government and the absence of proper oversight and accountability in other parts of the state and within the federal system. I do not want that to happen here. I believe the public is best served by an impartial, objective party collecting fees, fines and forfeitures; accepting and assigning case filings; calling jurors; and retaining evidence and court cases for the statutorily required retention periods.

If you believe, as I do, that the public is best served by the independent oversight provided by clerks and as prescribed by our forefathers in the state constitution, please contact your local legislators and register your opposition to House Bill 1121 and Senate Bill 2108. Your Guide to Elected Officials can be found on the Supervisor of Elections Web site, www.pascovotes.com.

Thank you, again, for the opportunity to serve you.

The writer is the Pasco County clerk of the circuit court.

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