HomeMy WebLinkAboutR-1977-196I'
RESOLUTION N.O . 196
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA, OBJECTING TO AND REQUEST-
ING THE RETRACTION OF THE RECENT ACTION BY THE
FEDERAL DISTRICT COURT JUDGES IN DADE COUNTY ,
FLORIDA , EFFECTIVELY ABOLISHING RULE I . B . OF
THE LOCAL RULES OF THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA ,
SAID RULE REQUIRING ALL CIVIL ACTIONS ARISING
IN BROWARD COUNTY AND ALL CRIMINAL PROCEEDINGS
IN WHICH THE OFFENSE WAS COMMITTED IN BROWARD
COUNTY TO BE FILED AT , DOCKETED , RETURNABLE TO
AND TRIED AT FORT LAUDERDALE , FLORIDA
WHEREAS , Rule 1 . B of the local Federal Court Rules for
the United States District Court for the Southern District of
Florida requires all civil actions arising in Broward County
and all criminal proceedings in which the offense was committed
in Broward County to be filed at , docketed , returnable to and
tried at Fort Lauderdale , Florida ; and
1� WHEREAS , the U ited States District Court Judges in
Miami for the aforementioned court voted to effectively abolish �-
the aforesaid Rule as of i•iay 1 , 1976 anG to assign cases , whether
originating in Dade or Broward Counties , on a •rotation basis with
j the result that approximately five out of every six cases filed in
Broward County , Florida , will be assigned to a Judge of the afore-
mentioned United States District Court in Miami , Florida , with re-
sulting inconvenience , time and expense of the litigants involved for travel to and from Miami ; and
WHEREAS , a similar local rule was and still is in effect
for Palm Beach County , Florida , and all civil actions arising in
Palm Beach , Glades and Hendry Counties and all criminal proceed-
ings in which the offense was committed in said Counties are still
filed at , docketed , returnable to and tried at West Palm Beach ,
Florida ; and
WHEREAS , the City Commission deems the aforesaid action
of the United States District Court Judges in Miami to be discrim-
inatory with regard to the City of Dania and its citizens and
those of Broward County , especially since cases emanating in Palm j
Beach , Glades and Henry Counties are still assigned to the City
of West Palm Beach for judicial dispensation ; and ---J11
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WHEREAS , the 91st United States Congress in 1970 by
the adoption of H . R. 2066 authorized and recommended the es-
tablishment of a United States District Court facility in Fort
Lauderdale, Florida ; and
WHEREAS , over thirty cities in Broward County , Florida ,
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contributed amounts totalling in excess of $86 ,000 to help re-
furbish space in the Fort Lauderdale City Hall Annex in order
to provide for the establishment of a United States District
Court facility in the City of Fort Lauderdale ; and
WHEREAS , the action of the United States District
Court Judges in Miami to effectively abrogate the aforemen-
tioned local rule was done without the solicitation of any
opinion or feeling of, and without notice to , those govern-
mental bodies in Broward County , Florida , who contributed
funds toward the establishment of a United States District
Court facility in Fort Lauderdale , Florida ; and
WHEREAS , the effective abrogation of the aforementioned
rule will result in cases being assigned indiscriminately between
Judges in Dade and Broward Counties ;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY COMMISSION
�J OF THE CITY OF DANIA FLORIDA:
Section 1 : That the City Commission of the City of
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Dania does hereby strongly object to and disapprove of the
actions of the United States District Court Judges in Dade County ,
1 Florida , for their effective abrogation of Rule 1 . 6 of the Local
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Pules of the United States District Court for the Southern District
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of Florida , under which all civil actions arising in Broward County
and all criminal proceedings in which the offense was comm' tted in
Broward County were to be filed at , docketed , returnable to and
tried in Fort Lauderdale , Florida .
Section 2 : That the City Commission does hereby further
object to and disapprove the aforesaid action of the United States
District Court Judges in Dade County as being unfairly discrimina-
tory and patently contrary to the interests of the citizens of
Dania and those of Broward County , Florida .
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Section 3 : That the United States District Court
facility in Fort Lauderdale , Florida , is needed now more than
I ever, since the population in Broward County , Florida , has in-
creased substantially since the need for a United States District
Court facility in the City of For.t Lauderdale was first established .
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Section 4: That the action of the Dade County United
States District Court Judges as aforesaid was arbitrary and
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i capricious and done without the solicitation of any opinions
of, or notice to , those governmental bodies who had contributed
funds towards the establishment of a United States District Court
facility in the City of Fort Lauderdale .
Section 5 : That the rotation system of assigning cases
between Dade and Broward County Federal Court Judges accommodates
no one and is against the interests of citizens of Dade County
as well as those of Broward County , since approximately one out
of every six cases filed in Dade County , Florida , will be assigned
to Broward County , Florida , for judicial disposition at the Federal
Court facilities in the City of Fort Lauderdale .
Section 6 : That with the availability of the Federal
Court facility in Fort Lauderdale , it is a waste of time, money
and energy for the citizens of Dania and of Broward County
to be forced to submit the resolutions of their legal disputes
to the United States District Court Judges in Miami , Florida ,
with the attendant expenses of increased attorneys ' fees and
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Z the expenditure of time and money for unwarranted and unnecessary
travel .
Section 7 : That the United States District Court Judges
in Dade County , Florida , are hereby urged to reconsider their
decision effectively abolishing Rule I . B . of the Local Rules
of the United States District Court for the Southern District
of Florida and to reimplement and reestablish said Rule in
order to assure that all legal matters arising in Broward
County , Florida , shall be judicially disposed of in Fort
Lauderdale , Florida , thereby reestablishing a reasonable and
efficient procedure by which the citizens of Dania rynd of
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Broward County may obtain access to the federal judicial
system.
Section 8 : That a copy of this resolution shall be
distributed to all United States District Court Judges in and
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for the Southern District of Florida ; the Circuit Court Judges
in and for the United States Fifth Judicial Circuit ; Florida ' s
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United States Senators and members of the United States Congress
whose districts are wholly or partially within Broward County ;
the Board of County Commissioners , Broward County , Florida ,
and to the governing bodies of all municipalities in Broward
County, Florida .
Section 9 : That this resolution shall be in full
force and effect immediately upon its passage and adoptior .
PASSED and ADOPTED this %/•s� day of -7i4 , ,, ,
1977 .
Mayor-Commissioner
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ATTEST :
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City Clerk-Auditor
AR RO ED FOR. FOR"d fJD CORRECTIVENESS
City At: n;y
City of Dania, Fla,
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