Sent to BACDL’S Barry Butin a short time ago:

Barry, I noticed you are still on the board at the Broward Criminal Defense Association. We are working on a plan to permit Private Attorneys into the courthouse on certain dockets possibly later in the week. 

Please send this message to your members and pass the word. Judge Siegal is actively doing this now. The plan would likely entail dockets beginning at 330 in the first appearance courtroom.

We will likely only consider a motion that constitutes an emergency or other matters relating to possible release from jail of a person in custody. Judge Siegal will provide more definite guidelines. 

Please be patient we have many moving parts but did not want to leave the private lawyers out. We also are working on permitting private attys to appear by phone if they do not want to come to the first appearance courtroom for these hearings. 

More news as we develop a plan. Any plan may change as we work our way through this. 

I have copied Joe as well from the office of regional counsel. Please keep all you can in the loop. 

Thanks Chief Judge

Formal arrangements will hopefully be announced shortly to provide for emergency dockets in a properly equipped courtroom. Release issues are obviously a priority, and have certainly not been overlooked. There are many moving parts and legal issues, but a detailed plan should be made public soon.

Also, a Temporary AO more specific to civil procedures should be released shortly.

Rumors regarding an impending jail lockdown are false.

Jails are open to the public and attorneys, with common sense safeguards recommended by DOH and CDC in place.

Video visitation, as previously reported, is in the works. It will be done via coupons, with plenty of availability. The stakeholders and BACDL are working out terms, and lawyers not connected with any group or office will also have plenty of coupons reserved and made available.

STAY TUNED AND STAY HEALTHY!

VOTE HERE FOR BOARD OF GOVERNORS UNTIL MARCH 23RD

The following information is provided for Broward criminal practitioners, as there are no telephonic dockets for Monday. Civil and juvenile have their own procedures, so check with each assigned judge in those divisions.

If you have a criminal case, private attorneys and clients will not be admitted to the courthouse. A PA or defendant with a case on the docket can be assured their cases will be re-noticed with no input from the lawyer. If, however, a lawyer wants to be heard, or believes he/she has an existing or new case with an in-custody client that can reasonably expect release or a bond reduction, lawyers are urged to contact the assigned ASA to try for an agreed order. Judges are available for consideration of agreed orders, which can be emailed, and in those cases where agreement can’t be reached, attorneys can call the JA and ask to be heard telephonically with all parties for a ruling. Filed waivers of appearance may be necessary for some telephonic hearings, as clients have a right to be present, but that’s another of many issues still being addressed. Lastly, individual judges may decide to call attorneys tomorrow or throughout the week if they have specific questions or concerns with previously set or add-on hearings, so be prepared to pick up the phone if the 831 extension pops up.

Patience is a priority. There are a ton of moving parts, and more set procedures will be arrived at as the stakeholders continue to gather in the next day or two for further discussions and for agreement on use of the available technological tools that can possibly speed up the process. Things may change as early as Tuesday, so please check back in tomorrow for an update as it becomes available …

STAY TUNED AND STAY HEALTHY ...

VOTE HERE FOR BOARD OF GOVERNORS UNTIL MARCH 23RD

*UPDATE* 12:45 PM – BSO states a limited number of video conference calls will be made available to attorneys for non-recorded, secure jail visits, lasting for the duration of the state of emergency. The logistics should be ironed out by Wednesday at the latest, as specific procedures need to be worked out with Securus, the vendor providing the service to BSO. Don’t be alarmed by the word “limited,” as availability should be plentiful. The other good news is attorneys will be able to videoconference with incarcerated clients from cell phones or any other device of their choosing, so it may not be necessary to cancel tee times and trudge to Pompano in the coming days. We’ll post procedures as they become available.

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We’ve reached out to the powers that be over at BSO to see about video attorney/client visits. They’re looking to see if the current video equipment used for non-attorney visitation has the capability to be deployed without recording some or all of the visit. We’ll update as soon as the information is available, and proper procedures if it’s a go.

We’re also told Jack Tuter has suspended weekend warrior sentences during the local state of emergency. We’ll link as soon as that Administrative Order posts to the 17th Circuit website.

Well done!

VOTE HERE FOR BOARD OF GOVERNORS UNTIL MARCH 23RD

The following email was sent to judges by Jack Tuter. The reference to dockets is apparently to civil matters, but criminal practitioners can rest assured that procedures are being put into place to assure access to judges and other necessary players to get their clients out of jail if warranted by circumstances. There have been no decisions yet, but as during Wilma, the jail will not just be open for admissions only. There will likely not be any procedural update until Monday when the stakeholders have further discussions, but in addition to telephonic hearings, the electronic first appearances courtroom could be utilized in addition to normal operating hours and functions, as well as recently technologically updated criminal courtrooms in the north wing. As it states in Tuter’s email, all judges will be in the courthouse, so conscientious lawyers can still get the job done over the next couple of weeks …

VOTE HERE FOR BOARD OF GOVERNORS UNTIL MARCH 23RD

SAO EMAIL:

PDO EMAIL:

VOTE HERE FOR BOARD OF GOVERNORS UNTIL MARCH 23RD

Or so we think.

Read the Supreme Court order and press release here …

From the press release:

TALLAHASSEE – Due to COVID-19, most face-to-face legal proceedings in the state courts will be suspended for a minimum of two weeks under a statewide order issued Friday by Florida Chief Justice Charles Canady. The order takes effect Monday.

Instead, Canady authorized local judges to use remote electronic means of conducting legal proceedings whenever possible. The order will be extended or modified as needed in the future and is subject to existing constitutional requirements.

This is the first time a limit on face-to-face proceedings has been ordered since Florida’s state courts system was unified by a constitutional amendment approved by state voters in 1972.

DEVELOPING …

SS – Broward shuts down jury duty/SCT says no to “face to face” hearings

ADMINISTRATIVE ORDER SUSPENDING JURY TRIALS AND JURY OPERATIONS

The following A.O. is drawing some serious criticism behind the scenes.

A few observations and concerns:

1. Will it result in racial profiling?
2. Instead of an outright ban, why isn’t there an alternative remote system or location in place for access to courts?
3. Has this already been done anywhere else in the United States during the ongoing crisis, or in the past concerning other outbreaks?
4. If concerns are high, why not close the courts completely as Broward is cruise ship central and home to a large elderly population, if in-custody defendants can be addressed remotely for release purposes?
5. If closure is not appropriate, and if trials requiring jurors haven’t already been suspended, why not?

ADMINISTRATIVE ORDER
RESTRICTING CERTAIN VISITORS TO COURTHOUSES

NBC 6 Jury Duty ‘Hoax’ Led to Broward Courtroom 7900 Closure

“I try to work closely with county government. Ultimately the statutes give me the power to close a courthouse but we rarely do that unless we’ve talked to all of our stakeholders who work in this building,” (Jack) Tuter said. “I think people should continue to operate in the courthouse the way we’ve done in the past. If we do think there is some kind of emergency, we’re going to let everybody know. We’re going to be as transparent as we can. But until then, everyone should just conduct business as usual.”

Spam Attack reported at 3:30 PM today. Check your Spam and/or Promotions file if interested …

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