Yeary v. Chief Judge of the Second Judicial Circuit
The First DCA dismissed the certiorari petition, holding that common-law certiorari does not lie to review an administrative order that is quasi-legislative rather than judicial or quasi-judicial in character. Tracing the historical function of the writ, the court held that a chief judge's administrative order issued under Rule 2.215, which prescribes a general prospective policy without adjudicating any dispute, is not subject to certiorari review, and that the 2025 amendment to Rule 2.215(e)(2) identifies procedural vehicles but cannot expand the constitutionally-fixed subject matter jurisdiction of the district courts.
Key facts
- The Chief Judge of the Second Judicial Circuit issued Administrative Order 2026-03 under Rule 2.215, establishing a registry and rate schedule for court-appointed expert witnesses and shifting the cost of expert testimony at hearings to the party requesting the expert.
- The Public Defender petitioned the First DCA for a writ of certiorari to quash the administrative order, arguing it conflicted with section 916.115, Florida Rule of Criminal Procedure 3.212, and the separation of powers.
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Holdings
- Common-law certiorari lies only to review the record of a judicial or quasi-judicial proceeding of an inferior tribunal; it does not lie to review an administrative or quasi-legislative act…
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Why it matters
This opinion is significant for appellate practitioners because it sharply limits the availability of common-law certiorari to challenge administrative orders of chief judges, requiring that the order have a genuinely… — full analysis with a trial
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