Rodriguez v. Cohen

District Court of Appeal of Florida

Decided June 7, 1995

District Court of Appeal of Florida · decided 1995-06-07

Cited by 12 later decisions — most recently November 2006

11 state decisions

Key passage — most relied on by later courts

“WHETHER A CIRCUIT JUDGE MAY BE ASSIGNED ON A REGULAR BASIS TO PART-TIME DUTIES AS A COUNTY JUDGE, PRESIDING OVER MISDEMEANOR PROSECUTIONS, NOT ARISING OUT OF THE SAME CIRCUMSTANCES AS A PENDING FELONY, INCIDENT TO THE OPERATION OF A DULY INSTITUTED DOMESTIC VIOLENCE COURT.”

quoted by 1 later decision, including 667 So. 2d 772 - Rodriguez v. Cohen

Relies on 656 So. 2d 205 - Bollinger v. Cohen

Good law ✅— No negative treatment on recordhow we know

Decided 1995-06-07

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PER CURIAM.

¶1We deny the writ of prohibition. See Bollinger v. Cohen, 656 So.2d 205 (Fla. 4th DCA 1995). Because the same issue is involved here as in Bollinger, we certify the same question to the supreme court as one of great public importance:

WHETHER A CIRCUIT JUDGE MAY BE ASSIGNED ON A REGULAR BASIS TO PART-TIME DUTIES AS A COUNTY JUDGE, PRESIDING OVER MISDEMEANOR PROSECUTIONS, NOT ARISING OUT OF THE SAME CIRCUMSTANCES AS A PENDING FELONY, INCIDENT TO THE OPERATION OF A DULY INSTITUTED DOMESTIC VIOLENCE COURT.

KLEIN, PARIENTE and SHAHOOD, JJ., concur.