IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
ADMINISTRATIVE ORDER NO. PA/PI-CIR-00-76
RE: COURT REPORTING SERVICES
IN CAPITAL CASES
The Florida Supreme Court in Amendments to Florida Rules
of Criminal Procedure 3.851, 3.852 and 3.993, 25 Fla. L. Weekly S569 (Fla.
July 14, 2000) adopted new subdivision (i) to Rule 2.070, Florida Rule of
Judicial Administration; and
Rule 2.070(i) provides as follows:
(i) Court Reporting Services in Capital
Cases. On or before
January 1, 2001, the chief judge, after consultation with the circuit
court judges
in the circuit, shall enter an administrative order developing
and implementing
a circuit-wide plan for court
reporting in all trials in which the state seeks the death penalty and in
capital post-conviction proceedings. The
plan shall require the
use of all measures necessary
to expedite the preparation of the transcript,
including but not limited to:
(1) where available, the use of a court
reporter who has the
capacity to provide real-time transcription of the proceedings;
(2) if real-time transcription services
are not available, the
use of a computer-aided transcription qualified court reporter;
(3) the use of scopists, text editors,
alternating court reporters,
or other means to expedite the finalization of the certified
transcript; and
(4) the imposition of reasonable restrictions on work
assignments by employee or contract court reporters to ensure that
transcript production in capital cases is given a priority.
The undersigned Chief Judge, after consultation with the
other Sixth Judicial Circuit Court Judges, enters this order as required by
the above rule. It is hereby
ORDERED:
1. When a jury returns a verdict of guilty as charged of first-degree murder, the trial judge shall orally instruct the court reporter to immediately begin to transcribe the trial. In addition to the trial, the trial judge shall orally instruct the court reporter(s) to immediately begin to transcribe any evidentiary hearings or non-evidentiary hearings conducted by the trial judge or other judge throughout the pendency of the case. The trial judge shall notify the Pasco
Administrator, or the Pinellas Criminal Administrator who shall enter a written order authorizing the transcript(s).
2. At the conclusion of a judge’s sentence of death, the judge shall orally instruct the court reporter to immediately begin to transcribe the penalty phase of the trial, the Spencer hearing, any other hearings held after the verdict, but before the judge’s sentencing hearing, and the actual sentencing hearing held by the trial judge. The trial judge shall notify the Pasco Administrator, or the Pinellas Criminal Administrator who shall enter a written order authorizing the transcript(s).
3. At the conclusion of the Huff hearing, the 3.850/3.851 evidentiary hearing, and 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). The judge shall notify the Pasco Administrator, or the Pinellas Criminal Administrator who shall enter a written order authorizing the transcript(s).
4. Court reporter employees of the contract court reporters for Pasco and Pinellas Counties shall give priority to transcript production in capital cases as required by Rule 2.070(i), except that nothing herein shall be taken to mean that court reporters are to be paid other than the regular rates for transcription, unless otherwise ordered by the Chief Judge.
5. Court reporter employees of the contract court reporters for Pasco and Pinellas Counties reporting trials wherein the state is seeking the death penalty, or post-conviction hearings where the defendant has already been sentenced to death shall use reporting methods, including but not limited to, the measures set out in Rule 2.070(i)(1), (2), and (3), to ensure that transcripts are prepared expeditiously. However, unless otherwise authorized by the Chief Judge, court reporters shall use real-time reporting only when the trial, including the penalty phase, or the post-conviction evidentiary hearing is expected to last in excess of two (2) weeks. Otherwise, the reporting methods described in Rule 2.070(i)(2) and (3) should be adequate, with the other measures contained herein, to ensure that capital transcripts are prepared expeditiously.
6. Contract court reporters must follow the dictates of Rule 2.070(i)(4) to ensure that their court reporter employees have the time to give priority to capital transcripts.
7. Costs of transcription ordered herein shall be paid as follows:
a. If the defendant takes the appeal, the costs shall be paid by the defense.
b. If the state takes the appeal, the costs shall be paid by the state.
c. If no appeal is taken, the costs shall be paid by the court.
DONE AND ORDERED in Chambers at St. Petersburg, Pinellas
County, Florida, this 29th day of December, 2000.
/s/__________________________
Susan F. Schaeffer, Chief Judge