TALLAHASSEE – Chief Justice Charles Canady today issued an order allowing courts around Florida to lift requirements to wear masks and distance from others while in courtrooms during proceedings. Improved health measurements, increased vaccination rates, and updated official health guidance all prompted the changes.

“At this time, effective vaccines for COVID-19 are adequately available in Florida for persons ages 12 and older; almost half of this state’s population has been partially or fully vaccinated; and government-issued health standards and guidance provide that fully vaccinated persons do not need to wear face masks or physically distance in most indoor and outdoor settings unless required by federal, state, or local laws, rules, or regulations,” the administrative order states.

The order prioritizes jury trials, with criminal trials taking precedence, by directing most other proceedings be conducted remotely to focus facility and other resources on in-person trials.

“Trial court proceedings shall continue to be remotely conducted, as appropriate, to facilitate the efficient and expeditious processing of cases,” the order states.

Chief judges may drop the mask and distancing requirements in courtrooms during proceedings as soon as June 21, and no later than August 2.

The order further sets a schedule to end the current suspension of speedy trial and extends the emergency authority for remote proceedings.

In March 2020, most in-person court events were suspended because of the dangers posed by COVID-19. Emergency orders issued by Canady allowed for the remote conduct of any court event that could be held that way. Florida’s courts continued to work, using video and phone conferencing to hold court events even through restrictions on in-person proceedings. Judges around the state are expected to dispose of 3 million cases in 2020-2021 by the conclusion of the fiscal year later this month.

Speedy trial provisions will resume October 4 for adult defendants taken into custody before March 14, 2020, and for juveniles. For adult defendants taken into custody after March 14, 2020, speedy trial provisions will resume January 3, 2022.

Chief Justice Canady issued the order under his authority as the chief administrative officer of the State Courts System. In 2020 he created the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19. Today’s order reflects recommendations made by the Workgroup.

BSO General Counsel Terrence Lynch reports in-person attorney jail visits will resume on Monday, June 7th, at 6:45 AM.

Securus will still be available for attorneys wishing to see clients remotely both now and in the future. One of the few good things to come out of the pandemic is the addition of the secure video visitation platform, but it won’t be free after the coupons on hand run out in a few weeks.

The Zoom carts the PDO was primarily relying on for visitations will be phased out as of June 14th.

WELL DONE!

The SAO dismissed all of Mike Carnevale’s remaining cases before Bobby Diaz moments ago …

Local 10 News – DeSantis: Plantation gym owner and other COVID violators off the hook

“All Floridians who violated mask or social distancing orders during the COVID-19 pandemic are getting a pardon, Gov. Ron DeSantis says …

“These things with health should be advisory, not punitive,” DeSantis said in Wednesday night’s Fox News appearance. “And so we’re happy to use our constitutional authority. I think [the Carnevales have] been treated poorly, and fortunately, they’ve got a governor who cares.” …

The Broward County State Attorney’s Office offered Mike Carnevale its misdemeanor diversion program. Judge Robert Diaz wanted him to serve 10 days in jail as part of a plea deal … “

(emphasis added)

Rumor has it:

Bill Haury to Fabienne Fahnestock’s Family Division; Fabienne Fahnestock to Haury’s Civil Divison.

COMING SOON – Is Family the punishment division?

OPEN THE BROWARD COURTHOUSE!

A hearty thank you to Tom Coleman, who blasted the SAO’s Felony Case Filing Unit in open court this morning, stating the SAO’s “cavalier case filing methods” will no longer be tolerated.

Attorney Bruce Raticoff had filed for release of an uncharged Defendant, noticing the hearing for May 6th at 11:15 AM. The State’s response was for Case Filing chief Staci Direnzo, who was not the assigned case filer, to sign and quickly file very serious charges via Information at 9:30 AM the morning of the 6th just before the hearing started, to avoid the motion being granted. Coleman wasn’t happy at all.

Raticoff explains:

“I believe Judge Coleman wants to put a stop to case filing not paying attention to the facts and circumstances of each case, waiting until the last minute, when they’ve realized they’ve blown time limits and then just file a serious case to avoid having someone released because they haven’t done their jobs.“

Complaints and criticisms by both defense attorneys and line prosecutors regarding the way life-changing, poorly investigated, over-charged felony cases are brought into the system, often lacking cooperative witnesses to boot, are nothing new. In fact, observers have been gravely disappointed that Harold Pryor hasn’t acknowledged the conventional wisdom that many of the Broward criminal justice system’s problems begin and end with case filing. Compounding the problem, the most serious cases are often handled in the cavalier fashion Coleman described, because case filers are still under orders to file the same high volume of nickel and dime, cheap shot, mass incarceration-inducing felonies that were the hallmark of the Satz regime, distracting case filers and line prosecutors alike from focusing their time, energy, and scarce resources on the most violent offenders. At this point in time, Pryor is believed to be squandering an historic opportunity to reform case filing and make Broward safer, and it hasn’t gone unnoticed.

Coleman, for his part, also stated that in the future, individual case filers, their supervisors, or the head of the Felony Trial Unit would be required to appear in his courtroom to answer in situations like the one before him today, instead of the line prosecutor being left to twist in the wind. Let’s hope that happens, and that other judges join him in holding Case Filing accountable. In that fashion, real change, of the type Pryor promised during the campaign, could finally be brought to Broward County.

COMING SOON – More upheavals in the Family Division …

Rumor has it, starting in July:

Pete Holden replacing Susan Alspector in Felony DVU; Alspector taking Holden’s Family Division.

Mike Rothschild replacing Mariya Weekes in Circuit Criminal; Weekes taking over Rothschild’s Family Division.