ORLANDO, Fla. — According to the chief judge serving Orange and Osceola counties, a new law related to pre-trial release and detentions has caused a 25% case load increase in initial appearance hearings at the Ninth Judicial Circuit Court. 

Chief Judge Lisa Munyon said the increase is leaving judges looking for ways to deal with the influx. The greatest impact of the new legislation — which went into effect on Jan. 1 — means a large category of people can’t post bond or be released before an initial appearance hearing, she said.

She says the change includes all second-degree felonies or above, some third-degree felonies and violent misdemeanors.

Judges also have to complete pretrial detention hearings within five days after a defendant’s first appearance or a defendant’s arraignment.

“Circuit judges are having to do those pretrial detention hearings every day of the week ... and have taken away from their ability to do trials,” she said.

She said this new legislation will result in the need to add judges to the circuit down the road.

“Our present group of judges are going to have to deal with the impacts of this new legislation until additional judges can be authorized by the legislature," said Munyon.

Right now, she said judges are doing the best they can with limited resources available, including working longer court days.

When Ninth Judicial Circuit State Attorney Andrew Bain was asked about the new legislation, he said it now requires state attorneys to attempt to hold those accused of violent offenses due to their potential to cause the community harm in the future.

The change on the statute required the state attorneys to file a motion asking for pretrial detention, before it was just discretionary.

“Before the change in law, they were just able to use their discretion," Bain said. "But that discretion could be abused and put our community in danger."

Bain said this new legislation gives judges and the courts more evidence and time to hear from victims, and weigh in whether the defendant could be a danger to the community while they’re out on release.

Bain said that’s why there has been a 25% caseload increase, because defendants are required to go to initial appearances, and prosecutors are required to file a pretrial detention motion if someone is accused of committing a violent crime.

“It gives judges opportunities to see evidence, not just 24 hours after person arrested,” he said.

Bain said judges have limited information from pretrial releases, but with pretrial detention hearings there is testimony, evidence and more time to research a defendant's criminal history and to determine if they have warrants in other jurisdictions.

Bain said that even if the defendant is released out on bond, the extra time puts them in a better position to keep the victim safe.

Munyon said she expects to see an upward trend in initial appearances as the populations of Orange and Osceola counties continue to grow.

She said the legislation also requires an initial appearance for anyone who has ever failed to appear in the past.

The new law also includes language that says a person arrested for a dangerous crime “may not be granted non-monetary pretrial release at first appearance if the court has determined there is probable cause that the person has committed the offense,” according to the language of the law.

The new law also required the Florida Supreme Court to adopt a uniform statewide bond schedule.