EDITORIALS

Former Florida Supreme Court Justice Stephen Grimes left legacy of openness

The Daytona Beach News-Journal

The practice of law — built on precedent and hedged by formality — does not always reward innovation, and even minor suggestions for change can prompt endless rounds of chin-stroking, exhaustive debate and vehement opposition.

And that’s what makes the 1990s such a remarkable time for Florida courts. Sensing the possibilities behind the rapidly emerging technology of the World Wide Web, Florida’s court leadership seized on every opportunity to open public access to the judicial system. And former Justice Stephen Grimes, who died Friday at the age of 93, was at the helm as the push for openness accelerated. 

More:How late Florida Supreme Court Justice Stephen Grimes got his legal start

At times, the opposition must have been fierce. Prior to the advent of the Internet, viewing court documents required visiting a courthouse in person — and sometimes, people wishing to view documents needed specifics, including case numbers, that were tough to come by for members of the general public. Copies of documents cost $1 a page or more, and could take days or weeks to obtain. These roadblocks were difficult to overcome for people who weren’t represented by attorneys — and that’s just the way many attorneys around the state liked it.

Stephen Grimes, shown during a Florida Supreme Court Historical Society oral history program ceremony to acknowledge and celebrate the career of ex-justice Joseph A. Boyd (served from January 7, 1969 to January 6, 1987).

But Grimes and fellow Justice Gerald Kogan — appointed by Gov. Bob Martinez and sworn in during a dual ceremony in 1987 — felt differently. When the two men arrived on the court, the only way to remotely view documents was via fax. Craig Waters, the court’s long-time public information officer, worked with Grimes and Kogan to create the country’s first stand-alone court website. Initially a modest 12 pages of court-related information, the site eventually grew to include opinions — and now offers access to the vast majority of court-related documents, going back decades. The innovation didn’t stop there: As soon as Kogan took over from Grimes as chief justice, he ordered oral arguments to be televised, another first. Three years later, Florida’s innovations in court access became an inspiration as the nation claimed a front-row seat on the historic Bush v. Gore cases. By then, both men had retired — and provided commentary on the procedures for journalists around the world.

Gov. Bob Martinez gestures as he introduces his two appointees to the Florida Supreme court and their wives during a 1987 news conference. Left is Judge Stephen Grimes with his wife Fay, of Bartow, and right shows Judge Gerald Kogan with wife Irene, of Miami.

Apart from public access issues, Grimes and Kogan often lined up on opposite sides of big decisions. Grimes supported Florida’s death penalty and would have upheld a state law that gave parents control over whether their minor daughters had abortions. That case, In Re T.W., is once again in play as Florida lawmakers debate a Texas-style law that comes close to banning abortions.

Despite their differences, however, it was clear that Grimes was held in high regard by Kogan and other members of the court — as well as those who encountered him as an attorney both before and after his service as a justice. Many remarked on Facebook about Grimes’ innate kindness and humility — remarkable for a man considered one of the state’s top legal minds.

At Grimes’ Supreme Court retirement ceremony in 1997, the Tampa Bay Times reported, the justice heard from a boyhood friend — the late Gov. Lawton Chiles, who attended high school in Lakeland with Grimes.

"Justice Grimes, you leave some big shoes to fill," Chiles said. "Someone will be able to succeed you, but you will not exactly be replaced." We agree.