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About the Court
The
State of Florida is divided into 20 judicial circuits,
or
areas of jurisdiction, which encompass the circuit and county
courts of the Florida
State Courts System.
The Eleventh Judicial Circuit of Florida, serving Miami-Dade
County, is the largest in the state and the fourth largest
trial court in the nation. It's 123 Circuit
and County Court judges serve a population of
over two million in a 2,000 square mile area. Eighty
judges preside in six Divisions
of the Circuit Court and 43 judges preside in
three Divisions
of the County Court. Chief
Judge Joel H. Brown provides direct Judicial
Administration for the circuit and county
courts.
Court Administrator Sandra M.
Lonergan manages the Administrative
Office of the Courts, whose primary purpose
is to provide support to the judiciary and maintain the
efficient
operations of the court. Judges are assisted in the annual
disposition of approximately 800,000 cases (including
civil
traffic infractions) by senior
(retired) judges, General
Magistrates, hearing officers/traffic magistrates,
mediators and support services.
The
Eleventh Judicial Circuit has been innovative in implementing
numerous Programs
and Services to
assist in effective case management and resolve problems
which impact
the court and the community. Examples of such programs which
were pioneered in Miami-Dade County and which are now in
effect
in other circuits statewide are: Drug Court, the Domestic
Violence Division,
family and landlord/tenant mediation, parenting/child education
classes, traffic court magistrates, witness coordination,
and video jail arraignments/bond hearings.
The Eleventh Judicial Circuit has four main courthouses which
house circuit and county court judges, the Administrative
Office of the Courts, the Clerk's Office and other court-related
personnel: the Richard
E. Gerstein Justice Building,
where circuit and county criminal cases are heard; the Dade
County Courthouse, where circuit and county civil and probate
cases are heard; the Lawson
E. Thomas Courthouse Center,
where family and domestic violence cases are heard; and, the
Juvenile
Justice Center, where
juvenile delinquency and dependency cases are heard.
To provide the public with greater access to the court, county
court judges also preside in five full-service branch
(or district) courts
throughout Miami-Dade County
and hear the following matters: misdemeanor cases, traffic
matters, municipal ordinance violations, civil matters not
exceeding the sum of $5,000 (small claims), uncontested and
simplified dissolutions of marriage, and non-criminal domestic
and repeat violence injunction matters.
The Clerk's
Office is principally
responsible for records management and enjoys a close working
relationship with the court in maintaining support to the
judiciary. It provides a number of services to the public
at the main courthouses, the branch
courts and other
facilities in Miami-Dade County, including collecting traffic
and parking fines, filing pleadings, providing case information
and issuing marriage licenses.
Circuit
and County Court Jurisdiction
Florida
currently operates under a two-tier trial court system of
circuit and county courts, established in 1972 with the adoption
of Article V to the Florida Constitution, which defines the
jurisdiction and organization of the Florida
State Court System.
In the circuit and county trial courts, factual disputes are
resolved, either by jury trials where verdicts are rendered
by the people, or by non-jury or "bench" trials
where a judge decides the issues in the case. In general,
County
Courts, sometimes
called "the people's courts", are courts of limited
jurisdiction where minor criminal (misdemeanor) and civil
cases are heard. In the Circuit
Courts, which are
the highest state trial courts in Florida, major criminal
(felony), civil, family, juvenile and probate matters are
heard. (A legal description of circuit and county court jurisdiction
is detailed in the Florida
Statutes.)
The Eleventh Judicial Circuit has 80 circuit
court judges and 43 county court judges who are elected for
six-year terms. At the end of this time, judges may run for
reelection and serve additional terms. Chief Judge Joel H.
Brown provides direct Judicial
administration for
the circuit and county courts of the Eleventh Judicial
Circuit
of Florida. These courts are divided into several divisions,
each of which is headed by an administrative
judge.
Divisions
of the Circuit Court
The
Circuit Court of the Eleventh Judicial Circuit of Florida
is divided into six divisions:
The
Circuit Criminal Division,
in which major criminal (felony) cases where the resulting
penalty can be death or imprisonment in a state penitentiary
for periods of one year (365 days) or more are heard. The
judges and support personnel of this division are located
at the Richard
E. Gerstein Justice Building.
The General Jurisdiction (Circuit Civil) Division,
in which civil disputes with damages greater than $15,000
are heard. The judges and support personnel of this division
are located at the Dade
County Courthouse.
The
Family Division,
in which family matters concerning dissolutions of marriage,
child custody and support, adoptions, paternity, modification
proceedings, name changes, UREFAS, and domestic violence permanent
injunction cases where there is an open family court action
are heard. The judges and support personnel of this division
are located at the Lawson
E. Thomas Courthouse Center.
The
Juvenile Division,
in which cases involving delinquency, dependency, and children-in-need-of-services
matters are heard. The judges and support personnel of this
division are located at the Juvenile
Justice Center.
The
Probate Division, in which
probate matters such as the processing of wills and the settling
of estates, as well as guardianship and mental health cases
are heard. The judges and support personnel of this division
are located at the Dade
County Courthouse.
The
Appellate Division,
in which county court appeals and petitions for writ of certiorari
seeking review of any public body, city or county commission,
council, administrative board or agency are heard. This division
consists of circuit judges who sit on three-judge rotating
panels at the Dade
County Courthouse.
Circuit
Court Judges' Photos
Circuit Court
Judges' Phones/Addresses
Divisions
of the County Court
The
County Court of the Eleventh Judicial Circuit of Florida is
divided into three divisions:
The
County Criminal Division,
in which minor criminal (misdemeanor) cases punishable by
imprisonment in a county jail for less than one year (up to
364 days), municipal and county ordinance violations, and
criminal traffic matters are heard. The judges and support
personnel of this division are located at the Richard
E. Gerstein Justice Building
and the branch
courts.* Additionally, traffic magistrates hear
the majority of civil traffic infractions, unless a judicial
hearing before a county judge is requested by the defendant.
The County Civil Division,
in which civil cases not exceeding damages in the amount of
$15,000, including landlord and tenant cases, are heard. The
judges and support personnel of this division are located
at the Dade
County Courthouse
and the branch
courts.*
The Domestic
Violence Division,
in which criminal domestic violence-related misdemeanors and
injunction violation cases, as well as civil orders of protection
(temporary and permanent domestic and repeat violence injunctions)
are heard. The judges and support personnel of this division
are located at the Lawson
E. Thomas Courthouse Center.
* County judges also hear
circuit court cases filed at the branch courts on a regular
basis, including uncontested and simplified dissolutions of
marriage, and temporary and permanent domestic and repeat
violence injunctions.
County
Court Judges' Photos
County
Court Judges' Phones/Addresses
Judicial
Administration
Office
of the Chief Judge
Each of
Florida's 20 judicial circuits are administered by a chief
judge who
is elected by a majority of the judges in the circuit for
a term of two years. Chief Judge Joel H. Brown was elected
as the chief judicial officer of the Eleventh Judicial Circuit
of Florida in 2009.
He acts as liaison with the Chief Justice of the Supreme
Court in all judicial administrative matters and is responsible
for the efficient and proper administration of the circuit
and county courts. As set forth in Rule
2.050, Rules of
Judicial Administration, this includes developing a plan
for the prompt
disposition of cases; assignment of judges, other court officers
and executive assistants; control of dockets; regulation
and
use of courtrooms; mandatory periodic review of the status
of the inmates of the county jail; and, consideration of
statistical
data. The Chief Judge also enters administrative
orders to properly
direct the court's day-to-day affairs and appoints committees
to serve in an advisory capacity. In the absence of the Chief
Judge, Stuart M. Simons, Administrative Judge of the General
Jurisdiction Division, serves as Acting Chief Judge.
Administrative
Judges
The
Chief Judge is assisted in judicial administration by administrative
judges assigned to the nine divisions of the circuit and county
courts. Within their respective divisions, they have authority
over assignment or transfer of cases, assignment of judges,
the physical location of judges within a courthouse, back-ups
for judges, and intra-division court policy. Eight associate
administrative judges assist the administrative judges in
their responsibilities and assume their authority in the event
the administrative judges are unavailable.
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Division
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Administrative
Judge
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Associate
Administrative Judge
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Circuit
Criminal
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Hon.
Stanford Blake
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Hon.
Bertila Soto
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General
Jurisdiction
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Hon.
Jennifer Bailey
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Hon.
Israel Reyes
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Family
Division
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Hon.
Sandy Karlan
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Hon.
Bernstein, Scott M.
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Juvenile
Division
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Hon.
Orlando A. Prescott
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Hon.
George A. Sarduy
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Probate
Division
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Hon.
Maria M. Korvick
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Appellate
Division
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Hon.
Mark King Leban
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Hon.
Kevin M. Emas
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County
Criminal
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Hon.
Samuel J. Slom
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Hon.
Steve Leifman
Hon. Beth Bloom
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County
Civil
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Hon.
Teretha Lundy Thomas
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Hon. Linda Singer Stein
(North
Dade Justice Center)
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Domestic
Violence
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Hon. Kelly, Carroll J.
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Senior
Judges
After retirement,
judges may seek approval from the Supreme Court of Florida
to serve as senior judges on temporary assignment to hear,
conduct and try cases for the court. Senior judges of the
Eleventh Judicial Circuit assist the judiciary by serving
in judicial sections which are temporarily vacant and presiding
over a variety of cases heard in the circuit and county courts.
Senior Judges' Photos
General
Magistrates
General
magistrates are widely utilized in Florida's trial courts
to assist the judiciary in the effective and timely disposition
of cases. They are appointed by the chief judge to hear cases
and make findings of fact and recommendations in a General
Magistrate's Report to judges in the Family, Circuit Civil,
Juvenile and Probate Divisions. Once the general magistrate
has filed a report with the sitting judge, either party in
the case may appeal by making exceptions to the general magistrate's
findings and recommendations. If there are no exceptions to
the report, the judge generally enters an order approving
the decision of the general magistrate.
General
Magistrates' Photos
General
Magistrates' Phones/Addresses
Court
Administration
The
Court Administrator
A court administrator
in each of Florida's 20 judicial circuits is appointed by
the chief judge, subject to the concurrence of a majority
of the circuit and county court judges, to oversee the non-judicial
administration of the court. Court Administrator Sandra M. Lonergan
has served at the pleasure of the court since 1995.
His responsibilities include budget and personnel management;
representing the court at the local, state and national levels;
and, administering office operations, management information,
and long term strategic planning requirements. The primary
purpose of his office, the Administrative Office of the Courts,
is to assist the judiciary in providing for the effective
and efficient operations of the courts.
The Administrative Office of the Courts
The
Administrative Office of the Courts maintains non-judicial
staff who provide a myriad of support services which aid the
judiciary in the daily operations of the court. This includes
case management, courtroom assignments, trial calendar scheduling,
jury pool operations, court reporting, and interpreter coordination.
The Office also manages a number of programs
and services which assist the judiciary in resolving
problems impacting the court and the community. Additionally,
it serves as liaison between the Bench, the Bar and numerous
public and private organizations to handle a variety of court-related
concerns.
The Administrative Office of the Courts further serves the
judiciary by providing expertise in the following areas: General
counsel and legal research, information and technology, fiscal,
personnel and procurement management, and facilities planning.
Court
Administration Photos
FLORIDA
STATUTES
CHAPTER 26. CIRCUIT COURTS
26.012.
Jurisdiction of circuit court
(1)
Circuit courts shall have jurisdiction of appeals from county
courts except appeals of county court orders or judgments
declaring invalid a state statute or a provision of the State
Constitution and except orders or judgments of a county court
which are certified by the county court to the district court
of appeal to be of great public importance and which are accepted
by the district court of appeal for review. Circuit courts
shall have jurisdiction of appeals from final administrative
orders of local government code enforcement boards.
(2)
They shall have exclusive original jurisdiction:
(a)
In all actions at law not cognizable by the county courts;
(b)
Of proceedings relating to the settlement of the estates of
decedents and minors, the granting of letters testamentary,
guardianship, involuntary hospitalization, the determination
of incompetency, and other jurisdiction usually pertaining
to courts of probate;
(c)
In all cases in equity including all cases relating to juveniles
except traffic offenses as provided in chapters39, 316and
985;
(d)
Of all felonies and of all misdemeanors arising out of the
same circumstances as a felony which is also charged;
(e)
In all cases involving legality of any tax assessment or toll
or denial of refund, except as provided in s. 72.011;
(f)
In actions of ejectment; and
(g)
In all actions involving the title and boundaries of real
property.
(3)
The circuit court may issue injunctions.
(4)
The chief judge of a circuit may authorize a county court
judge to order emergency hospitalizations pursuant to part
I of chapter 394 in the absence from the county of the circuit
judge; and the county court judge shall have the power to
issue all temporary orders and temporary injunctions necessary
or proper to the complete exercise of such jurisdiction.
FLORIDA
STATUTES
CHAPTER 34: COUNTY COURTS
34.01.
Jurisdiction of county court
(1)
County courts shall have original jurisdiction:
(a)
In all misdemeanor cases not cognizable by the circuit courts;
(b)
Of all violations of municipal and county ordinances; and
(c)
As to causes of action accruing:
1.
Before July 1, 1980, of all actions at law in which the matter
in controversy does not exceed the sum of $2,500, exclusive
of interest, costs, and attorney's fees, except those within
the exclusive jurisdiction of the circuit courts.
2.
On or after July 1, 1980, of all actions at law in which the
matter in controversy does not exceed the sum of $5,000, exclusive
of interest, costs, and attorney's fees, except those within
the exclusive jurisdiction of the circuit courts.
3. On or after July 1, 1990, of actions at law in which the
matter in controversy does not exceed the sum of $10,000,
exclusive of interest, costs, and attorney's fees, except
those within the exclusive jurisdiction of the circuit courts.
4.
On or after July 1, 1992, of actions at law in which the matter
in controversy does not exceed the sum of $15,000, exclusive
of interest, costs, and attorney's fees, except those within
the exclusive jurisdiction of the circuit courts.
The
party instituting any civil action, suit, or proceeding pursuant
to this schedule where the amount in controversy is in excess
of $5,000 shall pay to the clerk of the county court the filing
fees and service charges in the same amounts and in the same
manner as provided in s. 28.241.
(2)
The county courts shall have jurisdiction previously exercised
by county judges' courts other than that vested in the circuit
court by s. 26.012, except that county court judges may hear
matters involving dissolution of marriage under the simplified
dissolution procedure pursuant to Rule 1.611(c), Florida Rules
of Civil Procedure or may issue a final order for dissolution
in cases where the matter is uncontested, and the jurisdiction
previously exercised by county courts, the claims court, small
claims courts, small claims magistrates courts, magistrates
courts, justice of the peace courts, municipal courts, and
courts of chartered counties, including but not limited to
the counties referred to in ss. 9, 10, 11, and 24, Art. VIII
of the State Constitution of 1885.
(3)
Judges of county courts shall be committing magistrates. Judges
of county courts shall be coroners unless otherwise provided
by law or by rule of the Supreme Court.
(4)
Judges of county courts may hear all matters in equity involved
in any case within the jurisdictional amount of the county
court, except as otherwise restricted by the State Constitution
or the laws of Florida.
34.011. Jurisdiction in landlord and tenant cases
(1)
The county court shall have jurisdiction concurrent with the
circuit court to consider landlord and tenant cases involving
claims in amounts which are within its jurisdictional limitations.
The county court may issue a temporary and permanent injunction
where appropriate for violation of ss. 83.40 et seq.
(2)
The county court shall have exclusive jurisdiction of proceedings
relating to the right of possession of real property and to
the forcible or unlawful detention of lands and tenements,
except that the circuit court also has jurisdiction if the
amount in controversy exceeds the jurisdictional limits of
the county court or the circuit court otherwise has jurisdiction
as provided in s. 26.012. In cases transferred to the circuit
court pursuant to Rule 1.170(j), Florida Rules of Civil Procedure,
or Rule 7.100(d), Florida Small Claims Rules, the demands
of all parties shall be resolved by the circuit court.
FLORIDA
RULES OF JUDICIAL ADMINISTRATION, 1997
RULE 2.050: TRIAL COURT ADMINISTRATION
(b) Chief Judge
(1) The chief judge shall
be a circuit judge who possesses administrative ability.
(2) The chief judge shall exercise administrative supervision
over all courts within the judicial circuit in the exercise
of judicial powers and over the judges and officers of the
courts. The chief judge shall be responsible to the chief
justice of the supreme court. The chief judge may enter and
sign administrative orders, except as otherwise provided by
this rule.
(3) The chief judge shall be the chief judicial officer of
the circuit, shall maintain liaison in all judicial administrative
matters with the chief justice of the supreme court, and shall
develop an administrative plan for the efficient and proper
administration of all courts within that circuit. The plan
shall include an administrative organization capable of effecting
the prompt disposition of cases; assignment of judges, other
court officers, and executive assistants; control of dockets;
regulation and use of courtrooms; and mandatory periodic review
of the status of the inmates of the county jail. The plan
shall be compatible with the development of the capabilities
of the judges in such a manner that each judge will be qualified
to serve in any division, thereby creating a judicial pool
from which judges may be assigned to various courts throughout
the state. The administrative plan shall include a consideration
of the statistical data developed by the case reporting system.
Questions concerning the administration or management of the
courts of the circuit shall be directed to the chief justice
of the supreme court through the state courts administrator.
(4) The chief judge shall assign judges to the courts and
divisions, and shall determine the length of each assignment.
All judges shall inform the chief judge of any contemplated
absences that will affect the progress of the court's business.
If a judge is temporarily absent, is disqualified in an action,
or is unable to perform the duties of the office, the chief
judge or the chief judge's designee may assign a proceeding
pending before the judge to any other judge or any additional
assigned judge of the same court. The chief judge may assign
any judge to temporary service for which the judge is qualified
in any court in the same circuit. If it appears to the chief
judge that the speedy, efficient, and proper administration
of justice so requires, the chief judge shall request the
chief justice of the supreme court to assign temporarily an
additional judge or judges from outside the circuit to duty
in the court requiring assistance, and shall advise the chief
justice whether or not the approval of the chief judge of
the circuit from which the assignment is to be made has been
obtained. The assigned judges shall be subject to administrative
supervision of the chief judge for all purposes of this rule.
When assigning a judge to hear any type of postconviction
or collateral relief proceeding brought by a defendant who
has been sentenced to death, the chief judge shall assign
to such cases the judge who presided over the original proceeding
if that judge is active or otherwise available to serve unless
otherwise directed by the supreme court. Nothing in this rule
shall restrict the constitutional powers of the chief justice
of the supreme court to make such assignments as the chief
justice shall deem appropriate.
(5) The chief judge may designate a judge in any court or
court division of circuit or county courts as "administrative
judge" of any court or division to assist with the administrative
supervision of the court or division. The designee shall be
responsible to the chief judge, shall have the power and duty
to carry out the responsibilities assigned by the chief judge,
and shall serve at the pleasure of the chief judge.
(6) The chief judge may require the attendance of prosecutors,
public defenders, clerks, bailiffs, and other officers of
the courts, and may require from the clerks of the courts,
sheriffs, or other officers of the courts periodic reports
that the chief judge deems necessary.
(7) The chief judge shall regulate the use of courtrooms,
regularly examine the dockets of the courts under the chief
judge's administrative supervision, and require a report on
the status of the actions on the dockets. The chief judge
may take such action as may be necessary to cause the dockets
to be made current. The chief judge shall monitor the status
of all pending postconviction or collateral relief proceedings
brought by defendants who have been sentenced to death and
shall take the necessary actions to assure that such cases
proceed without undue delay. On July 1 and October 1, 1996,
and on the first day of every January, April, July, and October
thereafter, the chief judge shall inform the chief justice
of the supreme court of the status of all such pending cases.
(8) The chief judge or the chief judge's designee shall regularly
examine the status of every inmate of the county jail.
(9) The chief judge may authorize the clerks of courts to
maintain branch county court facilities. When so authorized,
clerks of court shall be permitted to retain in such branch
court facilities all county court permanent records of pending
cases, and may retain and destroy these records in the manner
provided by law.
(10) The chief judge shall ensure that no judge presides over
a capital case in which the state is seeking the death penalty
or collateral proceedings brought by a death row inmate until
that judge has served a minimum of 6 months in a felony criminal
division and has successfully completed the "Handling
Capital Cases" course offered through the Florida College
of Advanced Judicial Studies. Each judge must complete the
"Handling Capital Cases" course as soon as practicable
upon entering the criminal division. Once a judge successfully
completes the "Handling Capital Cases" course, the
judge must thereafter attend a "refresher" course
during each of the subsequent continuing judicial education
reporting periods. The chief justice may waive the course
requirement in exceptional circumstances at the request of
the chief judge. This requirement shall not preclude a judge
from presiding in collateral proceedings in a case in which
the judge presided over the trial or an earlier collateral
proceeding.
(c) Selection The chief judge shall be chosen by a
majority of the circuit and county court judges within the
circuit for a term of 2 years commencing on July 1 of each
odd-numbered year, or if there is no majority, by the chief
justice, for a term of 2 years. The election for chief judge
shall be held no sooner than February 1 of the year during
which the chief judge's term commences beginning July 1. All
elections for chief judge shall be by secret ballot. Any circuit
or county court judge may nominate a candidate for chief judge
and proxy voting shall be permitted. A chief judge may be
removed as chief judge by the supreme court, acting as the
administrative supervisory body of all courts, or may be removed
by a two-thirds vote of the active judges. The purpose of
this rule is to fix a 2-year cycle for the selection of the
chief judge in each circuit. A chief judge may serve for successive
terms. The selection of the chief judge should be based on
managerial, administrative, and leadership abilities. A chief
judge who is to be temporarily absent shall select an acting
chief judge from among the circuit judges. If a chief judge
dies, retires, fails to appoint an acting chief judge during
an absence, or is unable to perform the duties of the office,
the chief justice of the supreme court shall appoint a circuit
judge to act as chief judge during the absence or disability,
or until a successor chief judge is elected to serve the unexpired
term. When the office of chief judge is temporarily vacant
pending action within the scope of this paragraph, the duties
of court administration shall be performed by the circuit
judge having the longest continuous service as a judge or
by another circuit judge designated by that judge.
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