fbpx

Underfunding Our Courts is Bad Policy

Our local legislators are running themselves ragged, trying to attract new business to South Florida while ignoring the needs of our judicial system and the impacts on surrounding businesses.

A few months ago, national publications reported the inroads Miami’s Downtown Development Authority has been making to lure Chicago businesses to South Florida in response to Illinois’ unfavorable tax environment. Carl Icahn also is moving his $9 billion hedge fund from New York to Miami next year. There has been a 95 percent increase in Securities and Exchange Commission-registered investment advisers in South Florida between 2014 and 2018, and more than 70 financial services companies have moved to Palm Beach County in the past three years. But if our local business leaders and politicians cared about attracting new business to South Florida, they ought to take a hard look at the state of our courts.

In a recent, widely publicized “2019 Lawsuit Climate Survey: Ranking the States,” released by the U.S. Chamber Institute for Legal Reform, Miami was ranked as having one of the worst legal climates for businesses in the United States, at 46th. The participant pool was made up of a national sample of 1,307 senior litigators and lawyers, in-house general counselors, and other senior executives at companies with at least $100 million in annual revenue. Participants were asked to grade each state based on 10 key elements, including overall treatment of tort and contract litigation, damages, proportional discovery and trial judges’ competence. Thirteen percent of respondents specifically listed Miami as a city “with the least fair and reasonable litigation environment.” Out of the 10 key elements, Florida ranked in the bottom five for seven of them.

For those of us who practice in these courts every day, the news is not altogether surprising. Our state court judiciary is overwhelmed with cases involving business disputes (and underpaid to boot). From 2016 through 2018, there were over a half-million civil lawsuits filed in Florida. In 2017 and 2018, over 180,000 new civil lawsuits were filed, with more than 40 percent filed in Miami-Dade, Broward and Palm Beach counties.

To handle the 180,000 new lawsuits, South Florida relies on the 52 circuit civil judges currently presiding, roughly equating to 3,500 new cases for each judge, every year.

The number of judges appointed to handle this massive caseload has not measurably increased, legislative appropriations to state courts have been relatively flat (despite the fact that these courts generate hundreds of millions of dollars in revenue for the state in filing fees), the salaries paid to state court judges and their staff remain effectively stagnant, resulting in the Miami-Dade courthouse literally falling apart. (Negotiations for a new courthouse are underway.)

The rest of the country is taking notice to this pathetic state of affairs. It’s all sunshine and flamingoes now, but these new businesses we’ve worked so hard to attract may be in for a rude awakening if our legislators don’t start prioritizing—now—a healthy future for our courts and judges.

Etan Mark is co-founder of Florida boutique litigation law firm Mark Midgal & Hayden. With more than 15 years’ experience as a commercial litigator, he is widely known for real estate and fraud expertise. His clients include public and private companies, real estate developers, investors and owners, technology entrepreneurs, gaming operators, family offices, hotels and banks.

You May Also Like

An Alternative to Noncompetes: Forfeiture for Competition Agreements

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text] By Hank Jackson Enforcing covenants not to compete against former employees or sellers of businesses always has been somewhat problematic. In

SFLG Briefing

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text] Florida International University Law graduates racked up national accolades for bar exam performance in 2019. They placed second on a national

Firms need to address diversity shortcomings

By Myrna L. Maysonet As many industries leap toward diversity in the workplace, the legal industry continues to lag behind. According to Law360’s annual Diversity Snapshot, only 16 percent of

Small Business Reorganization Act Levels the Chapter 11 Playing Field

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text] By Jacqueline Calderín and Robert Charbonneau In the past, Chapter 11 bankruptcy has been cost-prohibitive for small businesses and often entirely

Other Posts

SFLG Briefing

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text] Nelson Mullins names partners Nelson Mullins has named seven new partners in South Florida: ï Commercial real estate lawyer Diane Karst

Transit-Oriented Development Tips for Developers and Governments

As transit-oriented developments move from planning to construction in South Florida, residents and surrounding businesses can expect multiple benefits. Benefits also accrue to the local governmental authorities that sponsor and

Privacy Issue Starts in California & Heads This Way

South Florida corporations whose interests extend beyond the state now face challenges in meeting personal privacy requirements coming from California. And this is only the beginning. Blame Google, Facebook, Amazon

SFLG Briefing

[vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”full_width” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern”][vc_column width=”2/3″][vc_column_text] Finkelstein honored by Legal Aid Programs Legal Aid Programs of Broward County hosted the 18th annual For the Public Good Annual

Drew Limsky

Drew Limsky

Editor-in-Chief

BIOGRAPHY

Drew Limsky joined Lifestyle Media Group in August 2020 as Editor-in-Chief of South Florida Business & Wealth. His first issue of SFBW, October 2020, heralded a reimagined structure, with new content categories and a slew of fresh visual themes. “As sort of a cross between Forbes and Robb Report, with a dash of GQ and Vogue,” Limsky says, “SFBW reflects South Florida’s increasingly sophisticated and dynamic business and cultural landscape.”

Limsky, an avid traveler, swimmer and film buff who holds a law degree and Ph.D. from New York University, likes to say, “I’m a doctor, but I can’t operate—except on your brand.” He wrote his dissertation on the nonfiction work of Joan Didion. Prior to that, Limsky received his B.A. in English, summa cum laude, from Emory University and earned his M.A. in literature at American University in connection with a Masters Scholar Award fellowship.

Limsky came to SFBW at the apex of a storied career in journalism and publishing that includes six previous lead editorial roles, including for some of the world’s best-known brands. He served as global editor-in-chief of Lexus magazine, founding editor-in-chief of custom lifestyle magazines for Cadillac and Holland America Line, and was the founding editor-in-chief of Modern Luxury Interiors South Florida. He also was the executive editor for B2B magazines for Acura and Honda Financial Services, and he served as travel editor for Conde Nast. Magazines under Limsky’s editorship have garnered more than 75 industry awards.

He has also written for many of the country’s top newspapers and magazines, including The New York Times, Washington Post, Los Angeles Times, Miami Herald, Boston Globe, USA Today, Worth, Robb Report, Afar, Time Out New York, National Geographic Traveler, Men’s Journal, Ritz-Carlton, Elite Traveler, Florida Design, Metropolis and Architectural Digest Mexico. His other clients have included Four Seasons, Acqualina Resort & Residences, Yahoo!, American Airlines, Wynn, Douglas Elliman and Corcoran. As an adjunct assistant professor, Limsky has taught journalism, film and creative writing at the City University of New York, Pace University, American University and other colleges.