In Re Rex E. Russo

Florida's Constitution provides every person with the right to inspect or copy any public record made or received by the judicial branch, except records exempted thereunder. Fla. Const. art. 1, §24. The Florida Supreme Court acted swiftly to create judicial branch exemptions before section 24 became the law of Florida. In re Amend. Fla. R. of Jud. Admin., 608 So.2d 471 (Fla. 1992). However, no exemption prevents a person's right to inspect or copy records disclosing how judges of Florida's District Courts of Appeal were chosen to hear the merits of an appeal (i.e. documents disclosing whether the three panel members were randomly assigned, assigned by the chief judge, chose themselves, or otherwise). See Fla. R. Jud. Admin. 2.240 (previously assigned as Rule 2.051). Yet, following respondent's refusal to fulfill petitioner's demand for such records, the Florida Supreme Court denied issuance of a writ of mandamus. In its denial, the court never mentioned the Florida constitution; never mentioned the nature of the request; never asserted that an exemption applied; and, found instead that petitioner had "failed to show a clear legal right to the relief requested." Has the failure of Florida's judicial branch to recognize the clear Florida constitutional right deprived petitioner of his equal rights as guaranteed under the 14th Amendment of the United States Constitution? -1-