IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2006-065 PA/PI-CIR
THIS ORDER HAS BEEN
RESCINDED – SEE SUBJECT ‘COURT REPORTERS’ FOR ACTIVE ORDERS
RE: COURT REPORTING PLAN
Rule of
Judicial Administration 2.070 confers authority upon the Chief Judge to develop
a court reporting plan. Specifically, Rule
2.070(g)(2) requires the Chief Judge, after consultation with the circuit court
and county court judges in the circuit, to enter an administrative order
developing and implementing a circuit-wide plan for court reporting of all
proceedings required to be reported at public expense using full or part-time
court employees or independent contractors.
Further, Rule
2.070(g)(3) authorizes the Chief Judge to provide for electronic recording and
transcription of proceedings.
Additionally,
Rule 2.070(h) mandates that the Chief Judge, after consultation with the
circuit court judges in the circuit, enter an administrative order developing
and implementing a circuit-wide plan for court reporting and expediting
transcript preparation in all trials in which the state seeks the death penalty
and in capital postconviction proceedings.
In
Administrative Order 95-78, a court reporting plan was originally adopted for
this circuit, and court reporting procedures for death penalty cases were
implemented in 2000 in Administrative Order PA/PI-CIR-00-76.
However, when the Sixth Judicial Circuit began
a transition from a contract court reporter model to a combination of
electronic and court-employed court reporters, the court reporting plan
underwent a comprehensive update in 2004 in Administrative Order 2004-018
PA/PI-CIR. Further, this transition has
required five amendments.
As this
transition is now nearing completion, the Chief Judge finds that a new
comprehensive and cohesive Administrative Order setting forth the court’s court
reporting plan on a circuit-wide basis is warranted. Therefore, it is hereby
ORDERED:
A.
FUNDAMENTALS OF COURT REPORTING PLAN
1.
Scope
The court reporting plan set forth in this Administrative Order delineates procedures to be followed for various proceedings on a circuit-wide basis. However, due to insufficient resources, it is currently necessary to use stenographic contract court reporters in New Port Richey for all matters in which the Court is required to provide a record and which are heard
before a judge. These matters include, but are not limited to, all proceedings in the Criminal Division of circuit or county court; all criminal proceedings in the Traffic Division of county court; all proceedings under the Florida Rules of Juvenile Procedure; proceedings pursuant to section 394.910 et seq., Florida Statutes; domestic violence proceedings pursuant to Chapter 741.30, Florida Statutes; and dating, sexual, and repeat violence proceedings pursuant to Chapter 784, Florida Statutes.
Effective January 1, 2007, court-employed digital court reporters will begin providing reporting services for many of the above-listed matters. However, due to a lack of resources it will still be necessary to use stenographic contract court reporters in New Port Richey for an indefinite period in the following proceedings: felony criminal trials; termination of parental rights proceedings pursuant to Chapter 39, Florida Statutes; and trials pursuant to section 394.910 et seq., Florida Statutes.
Accordingly, Administrative Order 2006-027 PA-CIR, pertaining
to interim procedures for stenographic reporting by contract court reporters at
the
In any proceeding
in which the type of court reporting equipment or services specified in this
Administrative Order are not available, the Administrative Office of the Courts
(AOC) may utilize any personnel or services with which it has contracted
without further order of the Court.
Under emergency or any other exigent circumstances in which contracted
services or personnel are not available, the AOC may utilize whatever other
means of reporting is available under the circumstances, but must notify the
Chief Judge of the exigency as soon as possible.
2.
Definitions
The
term “certified court reporter” as used in this Administrative Order means a
court reporter who holds a current certification as a Registered Professional
Reporter or other higher-level certification from the National Court Reporter’s
Association and who has provided documentation of that certification to the
AOC; or who has otherwise been approved by the AOC to provide court reporting
services in the Sixth Judicial Circuit.
The term
“contract court reporter” as used in this Administrative Order means a stenographic
court reporter with whom the Sixth Judicial Circuit has contracted for court
reporting services or a stenographic court reporter employed by a court reporting
agency with which the Sixth Judicial Circuit has so contracted.
The term
“digital court reporter” as used in this Administrative Order means a court
reporter employed by the Sixth Judicial Circuit who monitors or transcribes
electronic recording.
The terms
“electronically recorded” or “electronic recording” as used in this
Administrative Order refer to a means of reporting a court proceeding or a
record of a court proceeding made by CourtSmart, MSRS, or other digital
electronic equipment owned or operated by the Sixth Judicial Circuit.
The term
“stenographic court-employed court reporter” as used in this Administrative
Order means a stenographic court reporter employed by the Sixth Judicial
Circuit.
3.
The Record
For all proceedings in which the Court is required to
provide a record, the “official record” as used in this Administrative Order
refers to the transcript of the proceedings as produced by a court reporter or
transcriptionist acting under the authority of the AOC and filed with the Clerk
of the Circuit Court. For all other
proceedings, the “official record” as used in this Administrative Order refers
to the transcript of the proceedings as produced by a certified court reporter
and filed with the Clerk of the Circuit Court. The official record does not
include CDs, DVDs, tapes or any other electronic media recording of a court
proceeding.
Only
one official record may be produced.
CDs, DVDs, tapes or other electronic media recordings of court
proceedings made under the authority of the AOC shall not be released absent an
order of the Chief Judge. A trial judge
may, however, when the electronic recording is needed by the Court to resolve
an issue before the Court, authorize the use of a recording upon a showing of
good cause.
B.
COURT REPORTING
PROCEDURES BY COURT DIVISION
1.
Circuit Court
a.
Appellate
Division
The Court does not provide any court reporting services in Appellate
Division matters.
However,
parties wishing to record oral argument in Appellate Division proceedings may
use any certified court reporter in accordance with Section E. of this
Administrative Order.
b.
Civil Division
Parties
in Civil Division proceedings may use any certified court reporter in
accordance with Section E. of this Administrative Order except that all trials
in which the Court is required to provide a record, including but not limited
to trials under section 394.910 et seq., Florida Statutes, shall be reported by
stenographic court-employed court reporters.
If sufficient stenographic court-employed court reporters are not
available, such trials may be reported by contract court reporters or by
electronic recording.
All other
proceedings in which the Court is required to provide a record, including but
not limited to those under section 394.910 et seq., Florida Statutes, shall be reported
by electronic recording, a stenographic court-employed court reporter, or a
contract court reporter.
c. Criminal
Division
All proceedings except for trials and capital proceedings,
which are addressed in Section F., shall be reported by electronic recording. Trials shall be reported by stenographic court-employed
court reporters. If sufficient stenographic
court-employed court reporters are not available, such trials may be reported
by contract court reporters, or electronic recording.
d. Probate Division
Parties in Probate Division proceedings may use any
certified court reporter in accordance with Section E. of this Administrative
Order except that all proceedings in which the Court is required to provide a
record, including but not limited to proceedings pursuant to chapter 744,
Florida Statutes, regarding (1) adjudication of incapacity; (2) appointment of
a guardian; (3) modification, termination, or revocation of the adjudication of
incapacity; or (4) restoration of capacity, shall be reported by electronic
recording, a stenographic court-employed court reporter, or a contract court
reporter.
e. Family Division
Parties in proceedings governed by the Florida Family Law
Rules of Procedure may use any certified court reporter in accordance with
Section E. of this Administrative Order except that all proceedings in which
the Court is required to provide a record, including but not limited to
domestic violence proceedings under section 741.30, Florida Statutes; as well
as all dating, sexual, and repeat violence proceedings under Chapter 784,
Florida Statutes, shall be reported by electronic recording, a stenographic court-employed
court reporter, or a contract court reporter.
All
proceedings under the Florida Rules of Juvenile Procedure, including trials, shall
be reported by electronic recording, except that termination of parental rights
trials pursuant to Chapter 39, Florida Statutes, and proceedings to waive
parental notification of abortion pursuant to section 390.01114, Florida
Statutes, shall be reported by stenographic court-employed court
reporters. If sufficient stenographic court-employed
court reporters are not available, such proceedings may be reported by
electronic recording or a contract court reporter.
2.
County Court
a. Civil Division
The Court provides no court reporting services for
proceedings in the Civil Division.
However, the parties may use any certified court reporter in accordance
with Section E. of this Administrative Order.
b. Criminal Division
All criminal proceedings, including trials, shall be reported
by electronic recording.
c. Small Claims
Division
The Court provides no court reporting services for
proceedings in the Small Claims Division.
However, the parties may use any certified court reporter in accordance
with Section E. of this Administrative Order.
d. Traffic Division
Civil Proceedings: All civil proceedings in the Traffic Division
in
Criminal
Proceedings: All criminal proceedings in the Traffic
Division in
C.
COURT REPORTING
PROCEDURES FOR HEARINGS BEFORE GENERAL MAGISTRATES AND HEARING OFFICERS
All
proceedings before general magistrates and hearing officers shall be reported
by electronic recording with the exception of hearings before Civil Traffic
Infraction Officers in
D.
COURT REPORTING PROCEDURES FOR HEARINGS COMMENCING OUTSIDE
OF
1.
First
Appearance Hearings (Advisories) Pursuant to the
Advisories
commenced on weekends, holidays or at any other time outside of regular court
hours shall be electronically recorded. Jail
personnel shall be responsible for ensuring that the electronic computer
recording equipment is started prior to the commencement of the
proceedings.
Due to
insufficient resources, electronic recording may not always be available for
advisories in
2.
Chapter 39 Shelter Hearings and Proceedings to Waive
Parental Notification of Abortion
Shelter
hearings pursuant to Chapter 39, Florida Statutes, and proceedings to waive
parental notification of abortion pursuant to section 390.01114, Florida Statutes,
which are commenced on weekends, holidays, or any other time outside of regular
court hours shall be electronically recorded.
Court personnel shall be responsible for ensuring that the electronic
computer recording equipment is started prior to the commencement of the
proceedings.
Due to
insufficient resources, electronic recording may not always be available for
shelter and waiver hearings in
E.
COURT REPORTING PROCEDURES WHERE THE COURT DOES NOT PROVIDE
A RECORD
1. If a party wishes to make a record of a
court proceeding for which the Court does not provide a record as delineated in
this Administrative Order, it is the responsibility of the party or the party’s
attorney to secure the services of a certified court reporter.
2. All
notices of hearings for proceedings where the Court does not provide a record
must specify whether or not the party setting a matter for hearing will be
securing the services of a court reporter.
All costs associated with the court reporter’s appearance will be the
responsibility of the party requesting the court reporter. This does not preclude the taxation of costs
as authorized by law. See
3. Only
certified court reporters may be used.
If a court reporter arrives to report a particular proceeding but is not
a certified court reporter, the judge may, after inquiry to determine the
qualifications of the reporter, authorize the individual reporter to report a
specific proceeding.
F.
COURT
REPORTING PROCEDURES IN CAPITAL CASES
1. Any proceeding involving the potential or actual imposition of the death penalty, including but not limited to pretrial hearings, trials, sentencing hearings, and postconviction hearings, shall be reported by a stenographic court-employed court reporter.
2. When a jury returns a verdict of guilty as charged in a case where the State is seeking the death penalty, the judge shall orally instruct the court reporter to immediately begin transcribing the trial as well as any hearings conducted by any judge throughout the pendency of the case.
3. Upon the imposition of the death penalty, the judge shall orally instruct the court reporter to immediately begin transcribing the penalty phase of the trial, the Spencer hearing, any other hearings held after the verdict but prior to sentencing, and the actual sentencing hearing.
4. At the conclusion of a case management conference, Rule 3.850 or 3.851 evidentiary hearing, or any other evidentiary post-conviction hearings in a case in which a death sentence has been imposed, the judge conducting the hearing shall orally instruct the court reporter to immediately begin to transcribe the hearing(s).
5. Where immediate transcription instructions are given pursuant to paragraphs F.2.-.4 of this Administrative Order, the trial judge shall also notify the Pasco Administrative Judge or the Pinellas Criminal Administrative Judge, as appropriate, who shall enter a written order authorizing the transcript(s).
6. Where immediate transcription instructions in a death penalty proceeding are required by this Administrative Order but are not given, the State Attorney or defense attorney shall move for transcription of the relevant proceedings and prepare an order to transcribe for the signature of the appropriate administrative judge.
7. Any order to transcribe issued pursuant to Section F. shall also be construed as a designation to the court reporter and, unless a different timeframe is ordered by the Court, the transcript of the designated proceeding(s) shall be prepared within thirty (30) days. Court-employed and contract court reporters reporting death penalty proceedings shall use reporting methods, including but not limited to the measures set out in Rule 2.070(h)(1), (2), and (3), to ensure that transcripts are prepared expeditiously. However, nothing in this Administrative Order shall be construed to authorize payment for court reporting services beyond the regular contract rates. Payment beyond the regular contract rates may be authorized only by order of the Chief Judge.
8. Real-time reporting procedures may be used only when specifically authorized by the Chief Judge.
G.
COURT REPORTING
PROCEDURES RELATED TO ELECTRONIC RECORDING
1.
Participant
Functions
In order
to ensure an accurate record of proceedings using electronic recording
equipment, all participants must comply with the following procedures:
a. All court participants in the courtroom,
including Clerks of Court, bailiffs, attorneys and employees of the Court
shall:
(i)
If unable to easily
hear a participant in the proceedings, remind the judge that the participants need to speak with sufficient
volume for the system to make an accurate recording,
(ii)
Not tamper with
microphones or electronic recording equipment, and
(iii)
Immediately notify the
Judge when it appears that someone is tampering with or has tampered with the
electronic recording equipment.
b. Bailiffs
shall:
(i)
Ensure that no one
tampers with microphones or the electronic recording equipment,
(ii)
Promptly notify the Court
of any evidence that the microphones or electronic recording equipment is not
functioning properly,
(iii)
Promptly notify the Court
when a microphone at an attorney’s table is left muted after a private
conversation, and
(iv) Remind
participants to speak into the microphone.
c.
The Court Clerk shall notify the digital court reporter by calling the
digital court reporting control room when proceedings are about to begin or
when they have concluded.
d. The Judge
shall:
(i)
Remind participants to
speak into the microphone and answer verbally,
(ii)
If the judge observes or
is otherwise informed that equipment has been tampered with or is
malfunctioning, notify the Administrative Office of the Courts,
(iii)
If the judge observes
participants being careless with equipment, remind participants to protect the court’s
equipment, and
(iv)
If unable to easily
hear a participant in the proceedings, remind the participants to speak with
sufficient volume for the system to make an accurate recording.
e. Attorneys and
parties shall:
(i)
Speak clearly and
speak into the microphone,
(ii)
Not tamper with
microphones or electronic recording equipment,
(iii)
Ensure that
microphones are on for all non-private communications, and
(iv)
Remember that
non-verbal communication is not recorded, and
(v)
Identify themselves
for the record.
2.
Administrative Office of the Courts Responsibilities
a. Except for general magistrates and hearing
officers, all AOC staff who have access to electronic recording equipment,
including but not limited to all court reporters and Court Technology Office
staff, shall execute an oath acknowledging their responsibilities to the
Court. New employees shall execute the
oath prior to assuming duties.
b. AOC personnel
shall operate and maintain equipment so that an accurate recording is
made. If the sound quality of a
proceeding drops to a level that brings into question the ability to transcribe
the proceeding, the judge shall be notified immediately.
c. AOC personnel
shall ensure that the electronic recording equipment will reliably provide for
recording of the proceeding. For
proceedings using electronic recording equipment, the AOC shall ensure that the
proceeding is recorded to a hard drive and backed up on a server. The data shall be removed from the server and
burned to a CD or DVD on a periodic basis.
The AOC shall maintain the CD or DVD for the period of time prescribed
by the Rules of Judicial Administration.
Proceedings shall be properly identified, and shall be maintained in a
manner that facilitates locating specific court proceedings for purposes of
obtaining a transcript.
d. Digital court
reporters or transcriptionists shall prepare transcripts of proceedings in
accordance with procedures developed by the AOC. Such procedures shall include, but not be
limited to, standards for addressing off-the-record discussions; sidebar
conferences; and attorney-client conversations not directed to the Court. Digital court reporters or transcriptionists shall
also certify the correctness of the transcript prepared.
If sufficient
digital court reporters are not available to prepare transcripts in a timely
fashion, the AOC shall arrange for transcription by a stenographic
court-employed court reporter or other qualified independent contractors who
shall transcribe in accordance with procedures developed by the AOC. The transcript produced by the AOC or other
qualified independent contractors obtained by the AOC is the official record of
the proceeding as more fully detailed in Section A.3. of this Administrative
Order.
3.
Protection of Equipment
In order
to ensure a reliable record of proceedings using electronic recording,
microphones and other electronic equipment must be protected. Any willful act that disables or circumvents
the proper recording of a proceeding, or any willful destruction of such
equipment will be treated as contempt of court and will be enforced in
accordance with Rule of Criminal Procedure 3.830 or 3.840.
4.
Access to Control Room
Access to any electronic recording monitoring location is
strictly limited to those court employees whose job functions require access. Access by any other individual is strictly
prohibited absent a specific authorization granted by the Chief Judge.
H.
MISCELLANEOUS
COURT REPORTING PROCEDURES
1. A court reporter reporting a deposition may report a
hearing to have a certified question answered regardless of whether the matter
would normally be reported by the Court.
2. Hearings of administrative agencies conducted
in court facilities may be reported by the agency’s own reporters.
3. The State Attorney and Public Defender shall decide how court reporting services will be provided to their offices.
I.
PROCEDURES FOR ORDERING TRANSCRIPTS
1. Any
person may order a transcript of a court proceeding except that proceedings
under the Rules of Juvenile Procedure, Baker Act proceedings, or any other
exempt proceeding shall not be provided to non-parties without a court
order. Requests for a transcript of
proceedings in
Requests for a transcript of
proceedings in
Any
transcript produced by the AOC or a contract court reporter will be filed with
the Clerk of the Circuit Court unless the court orders otherwise or unless a
rule of court provides otherwise.
2. All
transcript requests submitted to the Court require a 50% deposit before the
transcript will be produced or the request must be accompanied by an order to
transcribe. The balance must be paid prior
to receipt of the transcript. Rates for
production of transcripts will be in accordance with separate Administrative
Orders establishing rates for court reporting services. Except as otherwise provided, the AOC will not
release a transcript until payment has been made in full. All payments, except for those made to the
contract court reporter, must be by check or money order made payable to the
State of
3. Counsel of record who are members in good standing of The Florida Bar and who also have an account in good standing may order an expedited transcript from the Court without paying a deposit. However, counsel must pay for the entire cost of the transcript prior to receipt. An account is in good standing when counsel has paid for all previously ordered transcripts.
4. Transcripts requested by the Public Defender or State Attorney shall be billed in accordance with procedures established by the Trial Court Budget Commission. Where a defendant is represented by an attorney appointed from the Registry of the Sixth Judicial Circuit Article V Indigent Services Committee, or from the Registry of the Commission on Capital Cases or by a Capital Collateral Regional Counsel attorney, the transcript shall be provided without prepayment. Costs will be paid from the budget of the State Attorney, the Public Defender, the Justice Administrative Commission, or by the Chief Financial Officer as appropriate.
5. Prepayment is not required for
transcripts requested by the Guardian ad Litem Program or by
Administrative Orders PA/PI-CIR-00-76, 2004-018
PA/PI-CIR, 2004-099 PA/PI-CIR, 2005-068 PA/PI-CIR, and 2006-028 PA/PI-CIR are hereby
rescinded effective immediately.
Administrative Order 2006-027 PA-CIR, pertaining to interim procedures
for stenographic reporting by contract court reporters at the
DONE AND ORDERED in Chambers at
_____________________________
David A. Demers, Chief
Judge
cc: All Pinellas and Pasco Judges
The
Honorable Bernie McCabe, State Attorney
The
Honorable Robert H. Dillinger, Public Defender
The
Honorable Ken Burke, Clerk of the Circuit Court,
The
Honorable Jed Pittman, Clerk of the Circuit Court,
Gay L.
Inskeep, Trial Courts Administrator
Carol
Heath, Director, Court Services Division, Pinellas County Clerk’s Office
Betty
Henderson, Assistant Court Services Director, Pasco County Clerk’s Office
Kerry
L. Rice, Deputy Courts Administrator,
Law
Libraries,
Bar
Associations,
Judy
Moukazis and Associates