IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2007-079 PA/PI-CIR
RE: COURT REPORTING PLAN
Rule of
Judicial Administration 2.535 confers authority upon the Chief Judge to develop
a court reporting plan. Specifically,
Rule 2.535(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 2.535(g)(3) authorizes the Chief Judge to provide for electronic recording
and transcription of proceedings.
Additionally,
Rule 2.535(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, this circuit adopted its initial court reporting
plan. In 2000, the court also
implemented court reporting procedures for death penalty cases in
Administrative Order PA/PI-CIR-00-76.
However, when the Sixth Judicial Circuit began
a transition from a contract court reporter model to court-employed court
reporters, the court reporting plan underwent a comprehensive update in 2004 in
Administrative Order 2004-018 PA/PI-CIR.
The plan was updated in Administrative Order No. 2006-065 PA/PI-CIR to
consolidate several amendments, incorporate procedures for death penalty cases,
and set forth an anticipated timetable for court-employed court reporters to
begin covering various procedures at the
Since the
adoption of the 2006 Administrative Orders on court reporting, the circuit has
made the transition from contract court reporters to court-employed digital and
stenographic court reporters at the
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 continues to be necessary at the West Pasco Judicial
Center for stenographic contract court reporters to record all trials pursuant
to section 394.910 et seq., Florida Statutes; all termination of parental
rights trials pursuant to Chapter 39, Florida Statutes; all hearings on the
waiver of parental notification of abortion pursuant to section 390.01114,
Florida Statutes; all felony trials; and all proceedings in cases where the
death penalty could potentially be imposed, including capital postconviction
proceedings. When sufficient resources
become available, the Court intends to bring the delivery of all court
reporting services 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 court-employed
court reporter or court equipment, or services with which it has contracted,
without further order of the Court.
Under emergency or any other exigent circumstances in which contracted
services, personnel, or equipment 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 stenographic court reporter” as used in this Administrative
Order means a stenographic 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 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 digital electronic equipment owned or
operated by the Sixth Judicial Circuit.
The term
“court-employed stenographic court reporter” as used in this Administrative
Order means a stenographic court reporter employed by the Sixth Judicial
Circuit.
The term
“court-employed digital court reporter” as used in this Administrative Order
means a digital court reporter employed by the Sixth Judicial Circuit who
monitors or transcribes electronic recording.
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 stenographic 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 pursuant
to the authority of the AOC shall not be released absent an order of the Chief
Judge. However, when an electronic
recording is needed by the Court to resolve an issue before the Court, a trial
judge may 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 stenographic court reporter in accordance with Section E. of this
Administrative Order.
b.
Civil Division
Parties
in Civil Division proceedings may use any certified stenographic 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 court-employed stenographic court reporters. If sufficient court-employed
stenographic court reporters are not available, such trials may be reported by
contract court reporters or by court-employed digital court reporters.
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 a court-employed digital court reporter, a court-employed stenographic 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 court-employed digital
court reporters. Trials shall be
reported by court-employed stenographic court reporters. If sufficient court-employed stenographic
court reporters are not available, such trials may be reported by contract
court reporters or court-employed digital court reporters.
d. Probate Division
Parties in Probate Division proceedings may use any
certified stenographic 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 a
court-employed digital court reporter, a court-employed stenographic 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 stenographic 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 a court-employed digital
court reporter, a court-employed stenographic court reporter, or a contract
court reporter.
All
proceedings under the Florida Rules of Juvenile Procedure, including trials,
shall be reported by court-employed digital court reporters, 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 court-employed stenographic
court reporters. If sufficient court-employed
stenographic court reporters are not available, such proceedings shall be
reported by a court-employed digital court reporter 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 stenographic court reporter
in accordance with Section E. of this Administrative Order.
b. Criminal Division
All criminal proceedings, including trials, shall be
reported by a court-employed digital court reporter.
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 stenographic 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 shall be reported by a court-employed digital court reporter.
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.
General Procedures
The proceedings described in this section will be electronically
recorded. If electronic recording is unavailable due to exigent circumstances, the
proceeding may be recorded by any other available means, including but not
limited to handheld digital voice recorders.
The trial clerk and bailiff shall ensure that the recording equipment
remains on throughout the proceeding.
Regardless of which recording method
is used, the date, time, name of the judge or other presiding official, party
names and case number shall be stated at the outset of the recording. If a handheld digital voice recorder is used,
the trial clerk in attendance shall place the recorder in an envelope and label
the envelope with the date of the proceedings and the name of the presiding
judge. On the next regular court business
day, the trial clerk shall deliver the recorder to the digital court reporting
department for transfer of the recording to its equipment.
2.
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. When sufficient resources
are available, the Court intends to follow the same procedure in
3.
Chapter 39
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 stenographic court
reporter.
2. All
notices of hearings for proceedings where the Court does not provide a record
must specify whether the party setting a matter for hearing will be securing
the services of a court reporter; and, if so, the name and address of the 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 stenographic court reporters may be used. If a court reporter arrives to report a
particular proceeding but is not a certified stenographic 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 court-employed stenographic court reporter or a contract 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 2.535(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. All appellate case transcripts must be emailed to the Supreme Court of Florida in accordance with Supreme Court Administrative Order No. AOSC04-84 or any subsequent administrative order of the Supreme Court regarding electronic filing of transcripts in capital cases.
9. 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 court-employed 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. Court-employed 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.
Court-employed digital court reporters or transcriptionists shall also
certify the correctness of the transcript prepared.
If sufficient court-employed digital court
reporters are not available to prepare transcripts in a timely fashion, the AOC
shall arrange for transcription by a court-employed stenographic 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 an order of the presiding judge or Chief Judge.
2.
Requests for a transcript of proceedings should be made in writing utilizing the Transcript Request Form found on the internet
at www.jud6.org. In
3. Any request must include sufficient information necessary to identify the proceeding, including the date of the proceeding, name of the presiding judge, the case name and Uniform Case Number, portion of the proceedings requested, and whether the proceeding was stenographically or electronically reported.
4. 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.
5. 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 must be by check or money order
made payable to the State of
6. 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.
7. 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, or 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.
8. Prepayment is not required for
transcripts requested by the Guardian ad Litem Program or by
Administrative Order Nos. 2006-027 PA-CIR and 2006-065 PA/PI-CIR are hereby rescinded effective immediately.
DONE AND ORDERED in Chambers at
____________________________
Robert
J. Morris, Jr., Chief Judge
cc: All Judges
The
Honorable
The
Honorable Bob Dillinger, Public Defender
The
Honorable
The
Honorable
Gay L.
Inskeep, Trial Courts Administrator
Debbie
Gay, Assistant Court Services Director, Pasco County Clerk’s Office
Kerry
L. Rice, Deputy Courts Administrator,
Law
Libraries,
Bar
Associations,
Judy Moukazis and Associates