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IN RE: AMENDMENTS TO FLORIDA RULE OF GENERAL PRACTICE AND JUDICIAL ADMINISTRATION 2.320 (2023)

Supreme Court of Florida.2023-09-07No. SC2023-0114

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Opinion

The Court has considered the comments concerning Florida Rule of General Practice and Judicial Administration 2.320, which was amended in the opinion issued February 2, 2023. The Court having determined that no further amendments to the rule are warranted at this time, this case is hereby final.

Earlier this year, on its own motion, the majority adopted amendments to Florida Rule of General Practice and Judicial Administration 2.320. In doing so, the majority expressly eliminated fairness and diversity education from the judicial education requirements for Florida judges. At that time, I dissented to the amendments as “unwarranted, untimely, and ill-advised.” In re Amends. to Fla. Rule of Gen. Prac. & Jud. Admin. 2.320, 356 So. 3d 766, 769 (Fla. 2023) (Labarga, J., dissenting). Now, having considered the comments filed in response to the amendments, the majority has decided to leave the amendments in place and take no further action. I continue to believe that fairness and diversity education is of great benefit to Floridas judiciary and those who interact with Floridas state courts. To that end, I dissent to todays order and reaffirm my belief that “the purpose of providing express consideration to fairness and diversity education has been to complement the canons [in the Code of Judicial Conduct], and in the hopes of addressing the extremely complex issue that is discrimination, to educate the judiciary on strategies for recognizing and combatting discrimination.” Id. I respectfully dissent.

A True Copy

Test:

SO

Served:

JOSHUA E. DOYLE

MERRICK L. GROSS

GISELLE GUTIERREZ

HON. STEPHEN RICHARD JEWETT

JORDI C. MARTÍNEZ-CID

KEITH H. PARK

PAUL R. REGENSDORF

KELLY NOEL SMITH

ELIZABETH CLARK TARBERT

MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, and FRANCIS, JJ., concur.

LABARGA, J., dissents with an opinion.

SASSO, J., did not participate.