Rules of Judicial Administration changes.
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.
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|Publication:||Florida Bar News|
|Date:||Mar 1, 2005|
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