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 …