IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA 

 

ADMINISTRATIVE ORDER NO. 2007-079 PA/PI-CIR

 

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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 West Pasco Judicial Center.  Also, in the interim, the Court adopted Administrative Order No. 2006-027 PA-CIR to delineate the responsibilities of the contract court reporters at the West Pasco Judicial Center.

 

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 West Pasco Judicial Center in several types of proceedings, and the variety of proceedings still covered by contract court reporters has greatly decreased.  Therefore, to continue to move toward a comprehensive plan for the delivery of court reporting services that will apply consistently throughout the circuit, the Chief Judge finds that a new Administrative Order 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 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 West Pasco Judicial Center into accordance with the court reporting plan for the remainder of the circuit.

 

             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 Pinellas County shall be reported by electronic recording.  The Court provides no court reporting services for civil proceedings in the Traffic Division in Pasco County; however, a party may record a civil traffic infraction hearing in accordance with Florida Rule of Traffic Court 6.460(b).

 

            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 Pasco County as more fully set forth in Section B.2.d. of this Administrative Order.

 

D.                COURT REPORTING PROCEDURES FOR HEARINGS COMMENCING OUTSIDE OF REGULAR COURT HOURS

 

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 Florida Rules of Criminal Procedure or Juvenile Procedure

 

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 Pasco County.  In the interim, however, the Administrative Office of the Courts shall be responsible for ensuring that electronic recording equipment is set to automatically record proceedings from 8:00 am until 3:00 pm on weekends and holidays.  The trial clerk and bailiff shall be responsible for back-up recording via handheld digital voice recorders..

 

3.                  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. When sufficient resources are available, the Court intends to follow the same procedure in Pasco County.  In the interim, however, the Administrative Office of the Courts shall be responsible for ensuring that electronic recording equipment is set to automatically record proceedings from 8:00 am until 3:00 pm on weekends and holidays.  The trial clerk and bailiff shall be responsible for back-up recording via handheld digital voice recorders.

 

 

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 Florida Rule of Judicial Administration 2.535(b).

 

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 Pinellas County, this form should be submitted to the Administrative Office of the Courts, Suite H-2000, 14250 49th Street North, Clearwater, FL 33762, or via email to jmesa@jud6.org.  In East Pasco County, this form should be submitted to the Administrative Office of the Courts, Court Reporting Department, 38053 Live Oak Avenue, Dade City, FL 33523, or via email to epreporter@jud6.org.  In West Pasco County, this form should be submitted to the Administrative Office of the Courts, Court Reporting Department, 7530 Little Road, New Port Richey, FL 34654, or via email to wpreporter@jud6.org.

 

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 Florida.

 

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 Pasco or Pinellas Counties.  The prepayment requirement may also be waived for other governmental entities by order of the Chief Judge.  In the event that a governmental entity does not timely pay for received-transcripts and does not have a cost sharing agreement with the court, the Chief Judge may change this policy without further amendment to this Administrative Order.

 

            Administrative Order Nos. 2006-027 PA-CIR and 2006-065 PA/PI-CIR are hereby rescinded effective immediately.  

 

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this ____ day of September, 2007.

 

                                                                                                ____________________________                                              

                                                                                                Robert J. Morris, Jr., Chief Judge

 

cc:        All Judges

            The Honorable Bernie McCabe, State Attorney

            The Honorable Bob Dillinger, Public Defender

            The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

            The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

Gay L. Inskeep, Trial Courts Administrator      

Carol Heath, Executive Director, Pinellas County Clerk’s Office

            Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office

            Kerry L. Rice, Deputy Courts Administrator, Pasco County

            Law Libraries, Pasco and Pinellas Counties

            Bar Associations, Pasco and Pinellas Counties

            Judy Moukazis and Associates