Zoom gaffes are pretty common these days, but this morning’s from First Appearances Court is a classic, committed by a dedicated, passionate, and mistakenly un-muted public defender against a long-standing, well-liked and fair ASA, Eric Linder. Click the link and go to the -1:15:00 mark for defendant Mitchell, unless strong language bothers you …
*UPDATE* – go to just before the 33:00 mark as video link is no longer an in-progress court proceeding …
*UPDATE UPDATE* – Miami Herald via JAABLOG …
(Thanks to “Ruby Green vs Howard in fed court?“)
Despite glitchy technological issues on top of the difficulty of judging credibility in normal court proceedings, the lack of real-time client interaction, and the potential for unethical witnesses to exploit the shortcomings of remote testifying, at least one Broward judge has started setting Final Violation of Probation evidentiary hearings over objections on Zoom.
Accordingly, on the heels of David Ovalle’s Miami Herald article reporting similar issues in circuit court proceedings in the 11th Circuit, we reached out to FACDL Miami’s Dan Tibbitt, who is handling matters pro bono at the Third DCA following Miguel de la O’s Order Overruling Objection To Zoom Probation Violation Hearing.
Click here for de la O’s order and the attachments currently before the Third DCA, and for the Petition For Writ Of Prohibition, click here. An Amicus Brief filed by FACDL, NACDL and the Florida Public Defender Association is found here.
Tibbitt explained the Miami judges have stayed all Zoom probation violation hearings until the DCA rules, and doesn’t believe any judge across the state has held one to date over objection. In the meantime, FACDL wants to be kept abreast of other judges who may be setting them without agreement of the parties, so be sure to drop Dan a line with your case number and judge if you’ve got a qualifying matter.
In the meantime, all eyes on the Third DCA …
THANKS DAN!
With all eyes focused on momentous national elections that will decide the fate of a politically divided nation over the next few years, it’s easy to forget one Broward judgeship is still up for grabs in 2020.
Dennis Bailey lost the three-way primary vote to George Odom by a little more than 11,000 votes, but in the upcoming general election all bets are off, as turnout will be much greater.
Those familiar with the process call this one “a toss-up,” since the strength displayed by minority candidates in the August primary may carry-over to November, with pandemic voting conditions still prevailing.
Will massive mail-in voting and other factors carry Odom to victory? Or will traditional benefits enjoyed by incumbents like Bailey in November once again prove the adage lose the primary/win the general correct?
YOU MAKE THE CALL!
Coming Soon – Bryson v. Scherer via Zoom …
Zoom-fatigued lawyers and judges can look forward to a JQC trial in December, with Kevin Emas, panel chair for JQC v. Hawkins, recently issuing this order setting the final hearing on December 8th:
Gina Hawkins won’t be a judge, suspended or otherwise, come January, after losing her seat to Linda Alley in the August primary. However, like any accused individual, she is entitled to a trial to clear her name, and possibly get a whole lot of back-pay, if David Bogenschutz can convince the panel the whole hands on neck thing was one big misunderstanding …
Harold Pryor has joined the Kelley Uustal personal injury law firm, mere weeks before the November election for State Attorney. Courthouse wags aren’t too sure what to make of this, or whether Gregg Rossman’s chances are better than previously thought …
Firm News: Candidate for Broward State Attorney Harold Pryor Joins Kelley
UPDATE II – Monica Hofheinz email to all SAO Units at 4:11 PM:
Today a meeting was held with the Chief Judge and other Courthouse stakeholders. It was determined, based on the downward trend of COVID-19 stats that our court system is getting closer to moving into Phase II and we will begin transitioning over the next few weeks and into October.
Phase II – limited in-person contact is authorized for certain purposes and/or requires use of protected measures.
The courthouse will not be opening to the full public or jurors just yet and virtual hearings will continue. Some measures are being installed in the courtrooms for phase II testing purposes.
Two Zortemp 1000 full body scanners with option for foreheads or wrists will be installed and tested at the West Courthouse entrance. Handheld scanners will be used at the 3rd floor rotunda entrance and Regional Courthouse entrances.
For SAO staff, we may be instituting the use of handheld no-contact thermometers at a future date.
We are beginning to bring back several support staff to work in the building with alternating schedules as the work on cases and mail has increased. Maintaining our alternating schedule will help with our social distancing. Everyone is still required to wear their mask, maintain 6 feet apart and not gather in groups.
The elevators are still a problem which has not been resolved.
The next meeting and update will be sometime early October. Stay vigilant and safe everyone.
UPDATE I – Response to a PRR requesting Supreme Court/17th Circuit recent operational plans, received at 4:05 PM:
The Office of the State Courts Administrator has concluded the operational plans in its possession are confidential and exempt, as explained below. That said, the 17th Circuit has its administrative orders about operational and due process procedures available on its website: http://www.17th.flcourts.org/coronavirus-covid-19-updates/
The base operational plan provided to the OSCA is also on its website. You can find the link in the attached document.
In regard to operation plans held by the OSCA: A judicial circuit’s operational plan is a record containing information that directly relates to the physical security of property owned or leased by the state. All such records, including portions thereof, are confidential and exempt from public access pursuant to Rules 2.420(c)(7), and (8), Florida Rules of Judicial Administration, and sections 119.071(3)(a), and 281.301, Florida Statutes, and as such will not be released by the Office of State Courts Administrator.
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Original JAABLOG post at 2:40PM –
Firm reopening dates have apparently not been set following today’s stakeholders’ meeting, with a concern expressed over other circuits having reversed course back to Phase I after attempting aggressive Phase II implementation. The PDO and SAO are also said to be in agreement with a slow and gradual reopening plan, specifics of which could be announced after Supreme Court review of a recently submitted 17th circuit proposal. We’re chasing that plan down at this time, but we’re told November or mid-November may still be the operative dates …
Lawyers and all others interested in traffic cases are invited to attend a 12:00 PM Zoom meeting tomorrow, September 18th at 12:00 PM with John Fry, head of the traffic infraction program for the 17th Circuit.
Pursuant to this Administrative Order signed by Jack Tuter on Monday, changes to the way pretrial hearings and traffic trials are handled during the pandemic and beyond are coming, with the potential for things to get cheaper for all those looking to work out tickets pretrial, and much more expensive if resolved via plea on the day of trial …
The meeting ID: 561 587 919.
