IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2006-097 PA/PI CIR

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RE: FIRST APPEARANCE ADVISORY PROCEEDINGS

A first appearance affords an arrested person the opportunity to be advised of his or her constitutional rights, as well as the opportunity to be advised of the charges against him or her. Rule of Criminal Procedure 3.130(a). At the beginning of each first appearance (advisories), the presiding Circuit Judge or County Judge provides an initial advisement to all the arrested persons. That initial advisement states that the arrested person is not required to say anything; that anything said by the arrested person may be used against him or her; that if unrepresented, the arrested person has a right to counsel, and that counsel will be provided if the arrested person is financially unable to afford counsel; and that the arrested person has a right to communicate with counsel, family, or friends, and will be provided reasonable means to do so. Rule of Criminal Procedure 3.130(b).

In an effort to maximize judicial efficiency and standardize the advisement process, a prerecorded statement of the initial advisement will be played to accomplish the same advisement of rights that has heretofore been done in person. The prerecorded advisement will increase judicial efficiency by reducing the need for judges to deliver the advisement in person without restricting the inmate’s ability to communicate with the Court when his or her case is called.

Pursuant to Rule of Judicial Administration 2.215 (2006), the Chief Judge has the authority to adopt administrative orders necessary to ensure the efficient operation of the court system. Accordingly, it is hereby

ORDERED:

1. When all inmates scheduled for advisories are assembled, and the reporting or electronic recording of the proceeding has been started, Sheriff’s personnel shall play a prerecorded advisement of rights provided by the Court.

2. Sheriff’s personnel shall activate the recording equipment and shall then play the prerecorded advisement so that the prerecorded advisement is recorded as part of the record of the advisory proceeding. When the presiding judge first appears, the Sheriff’s personnel present shall notify the presiding judge that the prerecorded advisement was played before inmates present for advisories and that to the best of their knowledge the recording equipment was operating during the playing of the prerecorded advisement.

3. The provisions of this Administrative Order shall take effect November 15, 2006.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida this ________ day of November 2006.

______________________________

David A. Demers, Chief Judge

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Bob White, Sheriff, Pasco County

The Honorable Jim Coats, Sheriff, Pinellas County

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

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

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

Carol Heath, Executive Director, Court & Operational Services, Pinellas County

Gay Inskeep, Trial Courts Administrator

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties