IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER 2010-082 PI-CIR

 

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RE:     DEPENDENCY AND DELINQUENCY COURT FILES

 

It has been made known to the Court that the Pinellas Clerk of the Circuit Court inadvertently and prematurely destroyed certain dependency and delinquency court files, including several dependency cases that contained an order terminating parental rights.  In order to provide a means to reconstruct the destroyed files if such files are needed, and in accordance with Article I, section 2, Florida Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes, it is

 

ORDERED:

 

1.         The following entities and persons must retain any copies of court records for the cases listed on Attachment A that may be in their possession.  The entity or person must retain each record until the Clerk of the Circuit Court notifies the entity or person that the Court needs possession of the record, or until the record may be destroyed or disposed of in accordance with Rule of Judicial Administration 2.430(c).  Alternatively, the records may be provided to the Clerk of the Circuit Court for copying so that the Clerk can reconstruct the court file if needed.

 

                        State Attorney

                        Public Defender

                        Florida Department of Children and Families

                        Guardian ad Litem Program

                        Florida Department of Juvenile Justice

Any attorney who represented a parent or a child in a dependency or delinquency court matter pertaining to the cases listed on Attachment A.

 

2.         Notwithstanding paragraph 1 of this Order, the Clerk of the Circuit Court must promptly reconstruct any of the prematurely destroyed court records that involve a termination of parental rights or an adoption. 

 

3.         The Clerk of the Circuit Court must provide each attorney associated with a case listed on Attachment A, with notice of this Administrative Order and with a separate list of only the dependency and delinquency case names and numbers with which the attorney is associated.  The Pinellas Clerk must provide the written notice to each attorney’s email address or business address as soon as practicable and in any event not later than January 14, 2011.

 

4.         The costs for copying of any records are the responsibility of the Clerk of the Circuit Court. 

 

5.         This Order does not supersede any Executive Branch retention schedule that may require a longer retention period for the records held by any of the named entities.

 

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this _____ day of December 2010.

 

                                                                        ORIGINAL SIGNED December 13, 2010

                                                                        BY J. THOMAS MCGRADY, CHIEF JUDGE

 

Attachment:  (A) List of Involved Cases

 

cc:        All Pinellas Judges

            The Honorable Bernie McCabe, State Attorney

            The Honorable Bob Dillinger, Public Defender

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

            John E. Hendry, Regional Counsel

            Gay Inskeep, Trial Courts Administrator

            Myriam Irizarry, Chief Deputy Director, Pinellas County Clerk’s Office

            Donna Rasmussen, Guardian Ad Litem, Pinellas County

            Florida Department of Children and Family Services

            Florida Department of Juvenile Justice

            Bar Associations, Pinellas and Pasco County

            Law Libraries, Pinellas and Pasco County