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Rules of Judicial Administration changes.

The Florida Bar's Rules of Judicial Administration Committee has filed with the Florida Supreme Court its regular-cycle report of proposed amendments to the Florida Rules of Judicial Administration. The committee proposes amendments to rules 2.050 (Trial Court Administration); 2.051 (Public Access to Judicial Branch Records); 2.060 (Attorneys); 2.085 (Time Standards for Trial and Appellate Courts); 2.130 (Procedure for Amending Rules); and 2.170 (Standard of Conduct and Technology Governing Electronic Media and Still Photography Coverage of Judicial Proceedings).

The court invites all interested persons to comment on the committee's proposed amendments, which are summarized below. The proposals also are reproduced in full online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before April 1, with a certificate of service verifying that a copy has been served on the committee chair, Judge Claudia Rickert Isom, 13th Judicial Circuit, 800 East Twiggs Street, Suite 513, Tampa 33602-3556, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case for June. The committee chair has until April 15 to file a response to any comments filed with the court. Electronic copies of all comments and the chair's response also must be filed in accordance with the Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Please label envelope to avoid erasure.
IN THE SUPREME COURT OF FLORIDA

AMENDMENTS TO THE RULES OF JUDICIAL ADMINISTRATION (TWO YEAR CYCLE),
CASE NO. SC05-173

 RULE AMENDMENTS

2.050 (Trial Court Amends subdivision (e)(3) (Local Rules and
Administration) Administrative Orders) to eliminate requirement
 that clerks furnish copies of administrative
 orders to executive director of The Florida Bar
 because of availability of all administrative
 orders via electronic means.

2.051 (Public Access Amends subdivision (d)(1) (Review of Denial of
to Judicial Branch Access Request) to add procedure for judicial
Records) custodian of records to file a sealed copy of
 requested records with appellate court having
 jurisdiction to review denial of access to
 judicial branch records; amends (e)(2)
 (Procedure) to require denial of access to
 judicial branch records to be in writing stating
 the basis for the denial.

2.060 (Attorneys) Amends subdivision (b) (Staff Attorneys, Law
 Clerks, and Judicial Assistants Not to Practice)
 to delete specific reference to staff attorneys,
 law clerks, and judicial assistants in title and
 to add generic language that "persons employed
 by the court" are not to practice law. Adds
 language clarifying that this applies to
 full-time court employees. Adds language to
 clarify that either a chief justice or a chief
 judge, as applicable, rather than the "court,"
 is to designate an attorney to represent the
 court; adds language to include court employees
 in their official capacity as individuals
 for whom representation may be designated. Adds
 language prohibiting former court employees from
 representing any person regarding matters in
 which the former employee participated while
 employed unless all parties consent following
 disclosure.

2.085 (Time Amends rule title to reflect expanded subject
Standards for Trial matter of rule to include Case Management. Adds
and Appellate new subdivision (d) (Related Cases) to create
Courts) procedure and define responsibilities for the
 filing of notice of related cases to facilitate
 communication between divisions handling cases
 involving the same family members and to
 facilitate the concept of the unified
 family court system. Reletters existing
 subdivisions (d)--(f) to new (e)--(g) with no
 further change in language.

2.130 (Procedure for Amends subdivision (a) (Emergency Amendments)
Amending Rules) to add language to include Florida House
 Speaker, Florida Senate President, and their
 designated House and Senate committee chairs to
 be included in the individuals to be furnished
 hearing notices and copies of rules amendments
 handled as an emergency. Amends (c)(1) (Schedule
 for Rule Proposals) to delete existing language
 and create new subdivision delineating staggered
 basis for reporting rules changes on three-year
 cycle commencing in 2006 and setting forth
 reporting schedule for court rules committees
 that will repeat cyclically. Amends (c)(2) to
 substitute June 15 for October 1 as date
 proposed rule changes are to be submitted to
 Board of Governors and adds language to
 provide contemporaneous provision of
 said changes to House Speaker, Senate President,
 and their designated House and Senate committee
 chairs. Substitutes August 1 for November 1 as
 due date for written comments. Substitutes
 October 15 for December 1 as date a rules
 committee is to report any revisions to Board
 and adds language requiring contemporaneous
 provision of revised proposed rule changes to
 House Speaker, Senate President, and their
 designated House and Senate committee chairs.
 Adds language referencing subdivision (c)(6) as
 the procedure for any person to submit written
 comments. Amends (c)(3) to substitute December
 15 for January 1 as date by which Board
 is to consider and vote on proposed rule
 changes. Amends (c)(5) to add House Speaker,
 Senate President, and their designated House and
 Senate committee chairs to the individuals to be
 provided hearing notice and proposed copies for
 oral argument on emergency consideration of
 proposed rules changes. Amends (f) (Request by
 Court) to include House Speaker, Senate
 President, and their designated House and Senate
 committee chairs in the individuals to be
 provided hearing notice and proposal copies for
 oral argument on rule changed proposed after a
 request for special consideration by the supreme
 court directed to a rules committee.

2.170 (Standards of Amends subdivision (a) (Electronic and Still
Conduct and Photographic Coverage Allowed) to add language
Technology Governing incorporating the court's responsibility to
Electronic Media and protect privacy rights and prevent disclosure of
Still Photography privileged or confidential matters. Adds new (b)
Coverage of Judicial (Photographing Juror's Faces) clarifying the
Proceedings) court's inherent responsibility to protect the
 privacy rights of jurors while preserving access
 to the courts. Reletters existing subdivision
 (b) to new (c) and adds new subdivision (c)(5)
 (Equipment and Personnel) to state that court
 security cameras are to be used for security
 purposes only. Reletters existing subdivisions
 (d)-(i) to new (e)-(j) with no further
 language change.
COPYRIGHT 2005 Florida Bar
No portion of this article can be reproduced without the express written permission from the copyright holder.
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Title Annotation:Notice
Publication:Florida Bar News
Date:Mar 1, 2005
Words:1033
Previous Article:Proposed Probate Rules amendments.
Next Article:Civil Procedure Rules amendments.


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