LetterMotionRequestCourtReporter ECF
Upcoming SlideShare
Loading in...5
×
 

LetterMotionRequestCourtReporter ECF

on

  • 2,454 views

RE: Speedy Justice Act, SharonAnderson Attorney Pro Se, Private AG,Candidate MN_AG http://sharonagmn2010.blogspot.com by ltr.Motion to MN Chief Justice Eric Magnuson,Sue Dosal to implement All Files, ...

RE: Speedy Justice Act, SharonAnderson Attorney Pro Se, Private AG,Candidate MN_AG http://sharonagmn2010.blogspot.com by ltr.Motion to MN Chief Justice Eric Magnuson,Sue Dosal to implement All Files, Records, Proceedings herein, re: Pat Martinez Court Reporter to file Electronically,
Paralegal Bob Hurt Florida, informed Affiant that Fla has upgraded their Court Systems,

Statistics

Views

Total Views
2,454
Views on SlideShare
2,452
Embed Views
2

Actions

Likes
1
Downloads
2
Comments
0

1 Embed 2

http://sharon4mayor2010.blogspot.com 2

Accessibility

Categories

Upload Details

Uploaded via as Adobe PDF

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

LetterMotionRequestCourtReporter ECF LetterMotionRequestCourtReporter ECF Document Transcript

  • Page 1 of 4 Subj: FLACourtReportingPlanProcedures4Public Access Electronic FilingsMN62cv09-1163 Date: 9/21/2009 11:48:31 A.M. Central Daylight Time From: Sharon4Anderson To: askdoj@usdoj.gov, fred.grittner@courts.state.mn.us, Bergstrom.CourtReporter@courts.state.mn.us, Julie.Kleinschmidt@co.ramsey.mn.us, chris.coleman@ci.stpaul.mn.us, whistleblower@startribune.com CC: tamar.gronvall@state.mn.us, shari.moore@ci.stpaul.mn.us, mayor@ci.stpaul.mn.us, lynn.moser@ci.stpaul.mn.us, rrosario@pioneerpress.com, bsalisbury@pioneerpress.com Click here: Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court Proceedings From Florida MON.21Sept09 EastSideReview: REQUEST ECF RE: EastSideRevies DelTaxesI_73pgs 62CV09-1163 2 008 Tax Delinq.Forfeiture Cars etc. MS 363AHumanRights Sharons Constitutionality Fees/Assessments MN - Google Search TO: US JUSTICE: B.TODD.JONES (MN) askdoj@usdoj.gov GOVERNOR tim.pawlenty@state.mn.us LORI SWANSON Attorney.General@state.mn.us tamar.gronvall@state.mn.us MN State Court Admnistrator sue.dosal@courts.state.mn.us fred.grittner@courts.state.mn.us eric.magnuson@courts.state.mn.us 2nd Jud. larry.dease@courts.state.mn.us lynae.olson@courts.state.mn.us JUDGES: kathleen.gearin@courts.state.mn.us john.vandenorth@courts.state.mn.us gregg.johnson@courts.state.mn.us edward.cleary@courts.state.mn.us et al COURT REPORTERS: patricia.martinez@courts.state.mn.us bergstrom.courtreporter@court.state.mn.us SHERIFF: bob.fletcher@co.ramsey.mn.us ie: Police john.harrington@ci.stpaul.mn.us ELECTIONS: elections@co.ramsey.mn.us mark.oswald@co.ramsey.mn.us julie.kleinschmidt@co.ramsey.mn.us COUNTY ATTORNEYS: rca@co.ramsey.mn.us jean.stepan@co.ramsey.mn.us john.edison@co.ramsey.mn.us CITY ST.PAUL: mayor@ci.stpaul.mn.us chris.coleman@ci.stpaul.mn.us shari.moore@ci.stpaul.mn.us lynn.moser@ci.staul.mn.us MEDIA: AS INTEREST APPEAR: dorrick@pioneerpress.com rrosario@pioneerpress.com bsalisbury@pioneerpress.com et al whistleblower@startribune.com TO THE ABOVE NAMED: Specifically Chief Judge MN Eric Magnuson To Save Money, due process, its time to implement Electronic Filings in all Matters. Today it was brought to our attention by Paralegal's in Florida MEMORANDUM Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedings. - Lawmen | Google Groups Monday, September 21, 2009 AOL: Sharon4Anderson
  • Page 2 of 4 ADMINISTRATIVE ORDER NO. 2009-049 PA/PI-CIR Printer Friendly Version RE: COURT REPORTING PLAN AND PROCEDURES FOR PUBLIC ACCESS TO ELECTRONIC RECORDINGS OF COURT PROCEEDINGS Rule of Judicial Administration 2.535 confers authority upon the Chief Judge to develop a court reporting plan. Specifically, Rule 2.535(h)(3) 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(h)(4) authorizes the Chief Judge to provide for electronic recording and transcription of proceedings. MS 363AHumanRights Logout Search Menu New Civil Search Back Location : All MNCIS Sites - Case SearchHelp Register of Actions Case No. 62-CV-09-1163 Delinquent Real Property Taxes for 2008 § Administrative Case Type: § File § Date Filed: 02/12/2009 § Location: Ramsey Civil § VanDeNorth, Judicial Officer: § John B., Jr. Party Information Lead Attorneys Topic Delinquent Real Property STEPAN, JEAN Taxes for 2008 Retained Events & Orders of the Court DISPOSITIONS 02/12/2009 Closed administratively 09/10/2009 Judgment (Judicial Officer: VanDeNorth, John B., Jr.) OTHER EVENTS AND HEARINGS 02/12/2009 Notice-Other 03/31/2009 Affidavit for Proceeding In Forma Pauperis 03/31/2009 Order-Other (Judicial Officer: Lindman, Dale B. ) 03/31/2009 Affidavit-Other 04/02/2009 Other Document 04/06/2009 Affidavit of Service 04/06/2009 Correspondence 04/06/2009 Other Document Monday, September 21, 2009 AOL: Sharon4Anderson
  • Page 3 of 4 04/06/2009 Other Document 04/06/2009 Other Document 04/07/2009 Order to Remove (Judicial Officer: Johnson, Gregg E. ) 04/09/2009 Notice of Case Reassignment 04/10/2009 Correspondence 06/26/2009 Affidavit of Publication 06/26/2009 Other Document 07/06/2009 Publicly Viewable Note to File 07/15/2009 Motion 07/15/2009 Memorandum 07/15/2009 Affidavit-Other 07/15/2009 Affidavit-Other 07/15/2009 Affidavit of Service 08/10/2009 Affidavit of Prejudice 08/12/2009 Notice of Motion and Motion 08/13/2009 Other Document 08/17/2009 Motion 08/19/2009 Other Document 08/20/2009 Motion Summary Judgment (10:30 AM) (Judicial Officer VanDeNorth, John B., Jr.) Result: Held 09/09/2009 Findings of Fact, Conclusions of Law and Order (Judicial Officer: VanDeNorth, John B., Jr. ) 09/10/2009 Judgment 09/10/2009 Notice of Entry of Judgment 09/11/2009 Other Document 09/11/2009 Other Document 09/14/2009 Notice of Appeal 09/14/2009 Other Document 09/14/2009 Supplemental Affidavit for Proceeding In Forma Pauperis 09/15/2009 Supplemental Affidavit for Proceeding In Forma Pauperis 09/18/2009 Supplemental Order for Proceeding In Forma Pauperis (Judicial Officer: VanDeNorth, John B., Jr. ) 09/18/2009 Correspondence 09/21/2009 Affidavit of Service US v Cruikshank92US542(1875)Decend to Particulars THEREFORE: IF IT PLEASE THE COURT,CITY,COUNTY,COPS,COURT REPORTERS ET AL ALL FILES,PROCEEDINGS, COURT REPORTERS TRANSCRIPTS MUST BE IMPLEMENTED PDF FILES FOR PUBLIC SCRUNITY. THE 2008 SENATE ELECTION was implemented. REQUEST HEREBY MADE BY THE UNDERSIGNED IN GOOD FAITH AND COMMERCE GOOD WILL. IF THE COURT WOULD HAVE READ THE RECORDS THEY WOULD HAVE KNOWN TAXES PAID IN FULL 2008 Monday, September 21, 2009 AOL: Sharon4Anderson
  • Page 4 of 4 LEGAL NOTICE: /s/Sharon4Anderson@aol.com ECF_P165913Pacersa1299 telfx: 651-776-5835: Attorney ProSe_InFact,Private Attorney General QuiTam Whistleblower, Sharon4 Anderson - Google Profile Candidate AG2010 www.sharonagmn2010.blogspot.com Blogger: User Profile: Sharon Anderson SharonsYahoo! iGoogle Homestead Act of 1862 Twitter / Sharon4Anderson Shar1058's Buzz Activity Page - My Buzz Activity - Yahoo! Buzz neopopulism.org - Pro Se Dec Action Litigation Pack Sharon4Anderson | Scribd Document's are based on SEC filings, Blogger: Dashboard Home | FAIR USE NOTICEThis site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of whistleblower protection issues, MY FindLaw SharonsWritProA06_1150_30Jun06_26 The CAN-SPAM Act: Requirements for Commercial Emailers kare11.com_SA Sharons-Psychic-Whispers: Sharons Gypsy Curse-Court-Cop Corruption 3Apr0http://www.givemeliberty.org/RTPlawsuit/courtfilings/Docket.htm Sharon4Council: DLJ Management v. City St. Paul A06-2118,Money LaunderinNo direct un-apportioned tax confirmed by the US Supreme Court rulings in CHAS. C. STEWARD MACH. CO. v. DAVIS, 301 U.S. 548, 581-582(1937) g andFCC Complaints - http://sharons-copywrite.blogspot.comknowledge gained as financial journalists , http://taxthemax.blogspot.com securities they recommend to readers, affiliated entities, employees, and agents an initial trade Public domain recommendation published on the Internet, after a direct mail publication is sent, before acting Google Search Times v. Sullvian Libel with malice - on that recommendations, and may contain errors. Investment decisions should not be based solely on these or other Public Office documents expressly forbids its writers from having financial interests in Google Search BlogItBabe2007 Candidate profile Sharon4Anderson's Legal BlogBriefs Sharon4And Monday, September 21, 2009 AOL: Sharon4Anderson
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 1 of 14 IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO. 2009-049 PA/PI-CIR Printer Friendly Version RE: COURT REPORTING PLAN AND PROCEDURES FOR PUBLIC ACCESS TO ELECTRONIC RECORDINGS OF COURT PROCEEDINGS Rule of Judicial Administration 2.535 confers authority upon the Chief Judge to develop a court reporting plan. Specifically, Rule 2.535(h)(3) 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(h)(4) authorizes the Chief Judge to provide for electronic recording and transcription of proceedings. It is necessary to amend the Circuit’s court reporting plan due to the Supreme Court’s opinion in In re Amendments to the Florida Rules of Judicial Administration and the Florida Rules of Appellate Procedure- Implementation of Commission on Trial Court Performance and Accountability Recommendations, 2009 WL 2045399, 34 Fla. L. Weekly S452 (Fla. July 16, 2009) and thus, Administrative Order 2007-079 must be updated. This opinion will become final on August 1, 2009, and accordingly, the procedures adopted in this Administrative Order are divided between proceedings recorded prior to August 1, 2009, and those recorded on or after August 1, 2009. The procedures adopted for proceedings recorded prior to August 1, 2009, provide for notice and an opportunity to be heard prior to release of these recordings because persons may not have been on notice that their private conversations might be released. Pursuant to the authority of the Chief Judge in Rule of Judicial Administration 2.215, and § 43.26, Florida Statutes, it is 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 state funded positions, 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 http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 2 of 14 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 “approved court reporter” means a court employee or contractor who performs court reporting services, including transcription, at public expense and who meets the court’s certification, training, and other qualifications for court reporting. The term “approved transcriptionist” means a court employee, contractor, or other individual who performs transcription services at public expense and who meets the court’s certification, training, and other qualifications for transcribing proceedings. The term “civil court reporter” means a court reporter who performs court reporting services in civil proceedings not required to be reported at public expense and meets the court’s certification, training, and other qualifications for court reporting. In the Sixth Circuit a “civil court reporter” is 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 otherwise meets standards set by the AOC to provide court reporting services in the Sixth Judicial Circuit. The term “court-employed stenographic court reporter” means an “approved court reporter” who is employed by the court and who meets the court’s qualifications to perform stenographic court reporting. The term “court-employed digital court reporter” means an “approved court reporter” who is employed by the court and who meets the court’s qualifications to monitor or transcribe electronic recordings. The terms “electronic record” or “electronic recording” means the audio, analog, digital, or video record of a court proceeding made using electronic equipment owned or operated by the Sixth Judicial Circuit. 3. The Record For all proceedings in which the Court is required to provide a record, the “official record” is the transcript, which is the written record of court proceedings as produced by an “approved court reporter” and filed with the Clerk of the Circuit Court. For all other court proceedings, the “official record” is the transcript, which is the written record of court proceedings as produced by a “civil court reporter” and filed with the Clerk of the Circuit Court. The official record does not include CDs, DVDs, tapes, or any other electronic record of a court proceeding nor does it include any transcript of a court proceeding produced by a party or other entity not authorized by this Administrative Order. Only one official record of a court proceeding may be produced. A transcript of a court proceeding that is not produced by an “approved court reporter” or a “civil court reporter” is not an official record and may not be used in court proceedings. B. COURT REPORTING PROCEDURES BY COURT DIVISION 1. Circuit Court http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 3 of 14 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 “civil court reporter” in accordance with Section E of this Administrative Order. b. Civil Division Parties in Civil Division proceedings may use any “civil 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 any other “approved court reporter.” 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 an “approved court reporter.” c. Criminal Division All proceedings except for trials and capital proceedings, which are addressed in Section F of this Administrative Order, 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 any other “approved court reporter.” d. Probate Division Parties in Probate Division proceedings may use any “civil 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 an “approved court reporter.” e. Family Division Parties in proceedings governed by the Florida Family Law Rules of Procedure may use any “civil 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 an “approved 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 any other “approved court reporter.” http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 4 of 14 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 “civil court reporter” in accordance with Section E. of this Administrative Order. b. Criminal Division All criminal proceedings, including trials, shall be reported by “court-employed digital court reporters.” c. Small Claims Division The Court provides no court reporting services for proceedings in the Small Claims Division. However, the parties may use any “civil 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 “court-employed digital court reporters.” 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. http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 5 of 14 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. In Pinellas County, jail personnel shall be responsible for ensuring that the electronic recording equipment is started prior to the commencement of the proceedings. In Pasco County, the AOC shall be responsible for ensuring that electronic recording equipment is set to automatically record proceedings from 8:00 a.m. until 3:00 p.m. 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. In Pinellas County, the AOC shall be responsible for ensuring that the electronic computer recording equipment is started prior to the commencement of the proceedings. In Pasco County, the AOC 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 “civil court reporter,” as defined in this Administrative Order. 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 “civil court reporters” as defined in this Administrative Order may be used. If a court reporter arrives to report a particular proceeding but is not a “civil 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 stenographic 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 should 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. http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 6 of 14 3. Upon the imposition of the death penalty, the judge should 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 should 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 should 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 this section 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(i)(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 case transcripts in capital cases 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. Notice to court participants and the public All persons entering a courtroom in the Sixth Judicial Circuit are hereby notified that electronic recording equipment is in use and that anything said in the courtroom may be electronically recorded and released upon request. Persons should safeguard information they do not want recorded. 2. 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: http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 7 of 14 (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, (iv) Ensure that the microphone is muted for private communications, where mutable microphones are provided, (v) Remember that non-verbal communication is not recorded, (vi) Identify themselves for the record, and (vii) Take all reasonable and available precautions to protect disclosure of confidential communications in the courtroom. Such precautions may include muting microphones or going to a designated location that is inaccessible to the recording equipment. 3. 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 “approved 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. http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 8 of 14 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. “Approved court reporters” and “approved 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. “Approved court reporters” and “approved 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 “approved transcriptionist” who shall transcribe in accordance with procedures developed by the AOC. The transcript produced by the AOC or “approved transcriptionist” is the official record of the proceeding as more fully detailed in Section A(3) of this Administrative Order. e. AOC personnel shall prepare and post notice to persons in all courtrooms that electronic recording equipment is in use and that persons should safeguard information they do not want recorded. 4. 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. 5. 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, Public Defender, and Regional Counsel shall decide how court reporting services will be provided to their offices. I. PROCEDURES FOR ORDERING WRITTEN TRANSCRIPTS http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Court... Page 9 of 14 1. Any person may order a written transcript of a court proceeding except that proceedings under the Rules of Juvenile Procedure, Baker Act proceedings, or any other statutorily exempt proceeding shall only be provided to those persons authorized by law. 2. Requests for a written transcript of proceedings should be made in writing utilizing the Transcript Request Form found at www.jud6.org. In Pinellas County, this form should be submitted to the Administrative Office of the Courts, 14250 49th Street North, Suite H-2000, 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, Suite 124, 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, Room 203, 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. No refunds will be issued to a person who cancels his or her request. 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 and CDs. 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 the Regional Counsel, by the Capital Collateral Regional Counsel, by an attorney appointed from the Registry of the Sixth Judicial Circuit, or by an attorney appointed from the Registry of the Commission on Capital Cases 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 applicable. 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 or CDs and does not have a cost sharing agreement with the Court, the Chief Judge may reinstate the prepayment requirement without further amendment to this Administrative Order. J. PROCEDURES FOR PUBLIC RECORDS REQUESTS FOR AUDIO RECORDINGS OF COURT PROCEEDINGS http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Co... Page 10 of 14 1. Any person may order an audio recording of a court proceeding as detailed below except that proceedings under the Rules of Juvenile Procedure, Baker Act proceedings, and any other statutorily exempt proceeding shall only be provided to those persons statutorily authorized to obtain the record or to those persons who obtain a court order in accordance with the applicable statutory provisions. 2. Requests for an audio recording of proceedings must be made in writing and should be made using the Audio CD 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 49 th 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. The request form must include a notice that the CD cannot be used in subsequent court proceedings and inform the requestor of the procedures to obtain a transcript. 3. The request must include sufficient information necessary to identify the proceeding, including the date of the proceeding, name of the presiding judge, the case name, the Uniform Case Number, and the portion of the proceedings requested. 4. For requests for an audio CD of court proceedings occurring on or after August 1, 2009, the AOC will prepare the audio CD without any review or redaction of confidential or exempt information or non-record conversations contained in the recording. 5. For requests for an audio CD of court proceedings occurring prior to August 1, 2009, the requestor must certify that they have provided notice to the other parties and include the address(es) to which notice was provided. The notice shall be in a form substantially similar to Form A, Notice of Request for Audio Recording, attached to this Administrative Order. The notice must inform other parties to the proceeding that the requestor is seeking release of the audio recording of a court proceeding, the case name, date and time of the proceeding, and that if they fail to object within 10 days of receipt of the notice, the audio will be released. If a party objects to release of the audio, and the court finds good cause to redact confidential or exempt information or non-record conversations, or as otherwise directed by the Court, the AOC will prepare the audio CD in a manner that does not include confidential or exempt information or non-record conversations. The requestor must pay for the extra time to prepare an audio CD that does not include confidential or exempt information or non-record conversations. 6. When an audio CD of court proceedings is released, the CD shall include a disclaimer that it is not the official record of court proceedings and that it is not to be used in subsequent court proceedings. 7. Upon completion of the request, the AOC shall file the Audio CD Request Form in the court file with a notation that the CD was provided to the requestor. 8. The AOC is directed to use its best efforts to provide a CD within 10 business days. Requests for transcripts for use in court proceedings take priority over public records requests for an audio CD. The recording is made for the purpose of preparing transcripts for subsequent court proceedings and giving priority to transcripts will help to avoid costly delays in the processing of cases. However, public records requests must be responded to in a reasonable time. 9. All requests for an audio CD of court proceedings require a 50% deposit before the CD will be produced. The balance must be paid prior to receipt of the CD. All payments must be by check http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Co... Page 11 of 14 or money order and be made payable to the State of Florida. No refunds will be issued to a requestor who cancels his or her request. 10. 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 audio without paying a deposit. However, counsel must pay for the entire cost of the CD prior to receipt. An account is in good standing when counsel has paid for all previously ordered transcripts and CDs. 11. Requests for an audio CD from the State Attorney or Public Defender shall be billed in accordance with procedures established by the Trial Court Budget Commission. Requests for audio from the Regional Counsel, the Capital Collateral Regional Counsel, an attorney appointed from the Registry of the Sixth Judicial Circuit, or an attorney appointed from the Registry of the Commission on Capital Cases 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 applicable. 12. Prepayment is not required for audio CDs 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 or CDs and does not have a cost sharing agreement with the court, the Chief Judge may reinstate the a prepayment requirement without further amendment to this Administrative Order. 13. The following fees are established for providing copies of audio recordings of court proceedings: TIME REQUESTED COST ROUTINE: within 10 business days of the request $25.00 per session up to 6 hours EXPEDITED: Within seven business days of the $40.00 per session up to 6 hours request EXPEDITED: within two business days of the request $50.00 per session up to 6 hours In addition to the fees for a copy of the recording listed above, the listening fee established in Administrative Order 2007-080 which is currently $15 per quarter hour, may be charged for requests that require extensive use of staff time. Nothing in this Administrative Order precludes the State Attorney, Public Defender, or Regional Counsel from entering a memorandum of understanding with the Court regarding requests for audio recordings of court proceedings. Administrative Order 2007-079 is hereby rescinded. All terms and conditions of Administrative Order 2007-080 remain in full force and effect. DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this 31st day of July, 2009. http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Co... Page 12 of 14 ____________________________ J. Thomas McGrady, Chief Judge Attachments: (A) Notice Of Request For Audio Recording (html) (A) Notice Of Request For Audio Recording (word version) (B) Objection To Release Of Audio Recording (html) (B) Objection To Release Of Audio Recording (word version) 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 Paula S. O’Neil, Clerk of the Circuit Court, Pasco County Jackson Flyte, Regional Counsel Gay L. Inskeep, Trial Courts Administrator Suzanne Mucklow, 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 Court contract court reporting firms http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Co... Page 13 of 14 FORM A IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA __________________________________, State of Florida / Petitioner UCN: ________________________ REF: _____________________ vs. __________________________________, Defendant / Respondent. ____________________________________ / NOTICE OF REQUEST FOR AUDIO RECORDING TO OTHER PARTIES: NAME(s): _________________________ ________________________ ADDRESS(s): _________________________ ________________________ _________________________ ________________________ PLEASE TAKE NOTICE that the undersigned is seeking release of the audio recording of the following court proceeding: DATE/TIME _______________________________ JUDGE/LOCATION _______________________________ IF YOU FAIL TO OBJECT WITHIN TEN (10) DAYS OF RECEIPT OF THIS NOTICE, THE DIGITAL COURT REPORTING DEPARTMENT WILL RELEASE THE AUDIO OF THIS PROCEEDING. IF YOU OBJECT TO THE RELEASE, YOU MAY USE FORM B “OBJECTION TO RELEASE OF AUDIO RECORDING” POSTED AT www.jud6.org. Objections must be filed with the Clerk of the Circuit Court with a copy to the Digital Court Reporting Department and all other parties. Please govern yourself accordingly. I HEREBY CERTIFY that a copy of this Notice has been furnished by mail/hand delivery/personal service to the persons listed above. _______________________ ______________________________________________ Dated Signature of Person Requesting Audio Print Name: ____________________________________ Address:_______________________________________ _______________________________________ Telephone:_____________________________________ http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Court Reporting Plan and Procedures for Public Access to Electronic Recordings of Co... Page 14 of 14 FORM B IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA __________________________, State of Florida / Petitioner UCN: ________________________ REF: _____________________ vs. ___________________________, Defendant / Respondent. ____________________________________ / OBJECTION TO RELEASE OF AUDIO RECORDING PLEASE TAKE NOTICE that the undersigned hereby objects to the release the audio of proceedings in this case for the following reasons: This entire proceeding is confidential by statute. I have reason to believe that the audio contains privileged communications. I have reason to believe that the audio contains non-record communications. Other: _________________________________________________________. YOU MUST FILE THIS OBJECTION WITH THE CLERK OF THE CIRCUIT COURT AND PROVIDE A COPY TO THE DIGITAL COURT REPORTING DEPARTMENT WITHIN TEN (10) DAYS OF YOUR RECEIPT OF THE NOTICE OF REQUEST. I hereby request a hearing before the above said audio is released. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Objection has been furnished by mail/hand delivery/personal service to the persons listed below and to the Administrative Office of the Courts, Digital Court Reporting Department, this ___day of ________20__. Parties: Name__________________________ Name____________________________ Address_________________________ Address___________________________ _______________________________ _________________________________ Administrative Office of the Courts, Digital Court Reporting Department: Pinellas: 14250 49 th Street North, Suite H2000, Clearwater, FL 33762 West Pasco: 7530 Little Road, Rm 203, New Port Richey, FL 34654 East Pasco: 38053 Live Oak Avenue, Suite 124, Dade City, FL 33523 Dated:_________________________ Signature of Party _______________________________ Print Name:________________________________________ Address: _______________________________________ __________________________________________ http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2009/2009-04... 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 1 of 18 sharon4anderson@gmail.com | My Groups | Favorites | Profile | Help | My Account | Sign out Lawmen Search this group Search Groups Home Florida 6th Circuit now allows people to obtain Options Discussions CourtSmart recordings of court proceedings. Pages 1 message - Collapse all - Report discussion as spam Files Bob Hurt View profile More options About this group Edit my membership At the end of July, Florida's 6th judicial circuit chief judge issued the Invite members below administrative order regarding court reporting and audio records of court proceedings. I and several friends have for years hammered on courts and administrators to make them release audio recordings. Sponsored links Why? Because the audio records can prove that judges sometimes commit procedural Email Archive Software violations or crimes. Article I Section 24 of the Florida Constitution gives Control your company's email with the public the right of access to judicial records (including electronic lifecycle software easier email recordings), and the Supreme Court Justices believe they have the right to Metalogix.net/email-lifecycle make laws for the judiciary that violate state statutes. The legislature LasikPlus™- Official Site must override the judiciary by a 2/3 majority of both houses in order to $400 Off,$0 Down, 0% for 24 strike or modify a rule of judicial administration. The rule of judicial Months. administration lets the Chief Judge of each circuit or district Affordable LASIK - Free LASIK administrative orders regarding release of the records of the courts. And Exam. up to the end of July 2009 the corrupt chief judges of the 6th Circuit www.LasikPlus.com refused to grant public access to the audio recordings made by the CourtSmart system used throughout Florida to record court proceedings Build Solar Panels How to and save the records in a database. The Secrets of Building Your Own Solar Energy Finally Revealed www.GreenDIYEnergy.com The new administrative order reverses the old way as a result of a Supreme Court ruling that said, basically, "we believe in open government." Operatives in the 6th Circuit apparently hated that. The chief counsel, Elaine B. New, for example, argued orally earlier this year before the Supremes to keep the CourtSmart recordings secret from the public. Thankfully, the Supremes did not fall for her specious and irrational arguments that seemed aimed at protecting corrupt judges. Read the below order for yourself. Note how it provides ways for opponents to object to the release of the records, and how it enables an administrator to hide portions of the recording by striking them from the version to the public. I believe this will become the chief weapon the courts use to hamstring public efforts to know what really happened in the courtroom. Note also how the order requires judges to turn up the volume and make participants speak clearly, loudly, and into the microphone. I love that provision because I can almost never understand what the players say. Take special note of this: ACTIVISTS DO GET THEIR WAY when they make repeated, well-reasoned arguments. Bob Hurt - http://bobhurt.com 2460 Persian Drive #70 Clearwater, FL 33763 +1 (727) 669-5511 Donate here: http://bobhurt.com/lawdonation.htm Study Jurisdictionary: http://www.jurisdictionary.com/index.asp?refercode=HB0002 Join Lawmen: lawmen-subscribe@googlegroups.com Free Downloads: http://groups.google.com/group/lawmen/files Save fuel: http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 2 of 18 http://www.fuelsaver-mpg.com/affiliates/jrox.php?id=145_1_tlid_8_Mail... http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2... <http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2... *IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT* *IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA * * * ADMINISTRATIVE ORDER NO. 2009-049 PA/PI-CIR Printer Friendly Version<http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/2009... * * *RE: COURT REPORTING PLAN AND PROCEDURES FOR PUBLIC ACCESS TO ELECTRONIC RECORDINGS OF COURT PROCEEDINGS* Rule of Judicial Administration 2.535 confers authority upon the Chief Judge to develop a court reporting plan. Specifically, Rule 2.535(h)(3) 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(h)(4) authorizes the Chief Judge to provide for electronic recording and transcription of proceedings.** It is necessary to amend the Circuit’s court reporting plan due to the Supreme Court’s opinion in *In re Amendments to the Florida Rules of Judicial Administration and the Florida Rules of Appellate Procedure Implementation of Commission on Trial Court Performance and Accountability Recommendations*, 2009 WL 2045399, 34 Fla. L. Weekly S452 (Fla. July 16, 2009) and thus, Administrative Order 2007-079 must be updated. This opinion will become final on August 1, 2009, and accordingly, the procedures adopted in this Administrative Order are divided between proceedings recorded to August 1, 2009, and those recorded on or after August 1, 2009. The procedures adopted for proceedings recorded prior to August 1, 2009, provide for notice and an opportunity to be heard prior to release of these recordings because persons may not have been on notice that their private conversations might be released. Pursuant to the authority of the Chief Judge in Rule of Judicial Administration 2.215, and § 43.26, Florida Statutes, it is *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 state funded positions, 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; http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 3 of 18 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 WestPasco 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 reporting is available under the circumstances, but must notify the Chief Judge of the exigency as soon as possible. 2. *Definitions* The term “approved court reporter” means a court employee or contractor who performs court reporting services, including transcription, at public expense and who meets the court’s certification, training, and other qualifications for court reporting. The term “approved transcriptionist” means a court employee, contractor, or other individual who performs transcription services at public expense and who meets the court’s certification, training, and other qualifications for transcribing proceedings. The term “civil court reporter” means a court reporter who performs court reporting services in civil proceedings not required to be reported at public expense and meets the court’s certification, training, and other qualifications for court reporting. In the Sixth Circuit a “civil court reporter” is 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 otherwise standards set by the AOC to provide court reporting services in the Sixth Judicial Circuit. The term “court-employed stenographic court reporter” means an court reporter” who is employed by the court and who meets the court qualifications to perform stenographic court reporting. The term “court-employed digital court reporter” means an “approved court reporter” who is employed by the court and who meets the court’ qualifications to monitor or transcribe electronic recordings. The terms “electronic record” or “electronic recording” means the audio, analog, digital, or video record of a court proceeding made using electronic equipment owned or operated by the Sixth Judicial Circuit. 3. *The Record* * * * *For all proceedings in which the Court is required to provide a record, the “official record” is the transcript, which is the written record of court proceedings as produced by an “approved court reporter filed with the Clerk of the Circuit Court. For all other court proceedings, the “official record” is the transcript, which is the written record of court proceedings as produced by a “civil court reporter” and filed with the Clerk of the Circuit Court. The official record does not include tapes, or any other electronic record of a court proceeding nor does it http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 4 of 18 include any transcript of a court proceeding produced by a party or other entity not authorized by this Administrative Order. Only one official record of a court proceeding may be A transcript of a court proceeding that is not produced by an court reporter” or a “civil court reporter” is not an official record and may not be used in court proceedings. *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 “civil court reporter” in accordance with Section E of this Administrative Order. * * *b. **Civil Division* * * Parties in Civil Division proceedings may use any “ 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 not available, such trials may be reported by any other “approved court reporter.” 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 an “approved court reporter.” * * * * *c. Criminal Division* * * * *All proceedings except for trials and capital proceedings, which are addressed in Section F of this Administrative Order, 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, may be reported by any other “approved court reporter.”* * *d. **Probate Division* * * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 5 of 18 * *Parties in Probate Division proceedings may use any 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 an “approved court reporter.” *e. **Family Division* * * * *Parties in proceedings governed by the Florida Family Law Rules of Procedure may use any “civil 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 an “approved 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 any other “approved 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 “civil reporter” in accordance with Section E. of this Administrative Order. *b. **Criminal Division* * * * *All criminal proceedings, including trials, shall be reported by “court-employed digital court reporters.” *c. **Small Claims Division* * * * *The Court provides no court reporting services for in the Small Claims Division. However, the parties may use any reporter” in accordance with Section E of this Administrative Order. *d. **Traffic Division* * * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 6 of 18 * **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 “court-employed digital court reporters.” *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 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 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. In Pinellas County, jail personnel shall be responsible for ensuring that the electronic recording equipment is started prior to the commencement of the proceedings. In Pasco County, the AOC shall be responsible for ensuring that electronic recording equipment is set to automatically record proceedings from 8:00 a.m. until 3:00 p.m. 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 * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 7 of 18 * * 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. In Pinellas County, the AOC shall be responsible for ensuring that the electronic computer recording equipment is started prior to the commencement of the proceedings. In Pasco County, the AOC 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. 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 attorney to secure the services of a “civil court reporter,” as defined in this Administrative Order. 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 “civil court reporters” as defined in this Administrative Order may be used. If a court reporter arrives to report a particular proceeding but is not a “civil 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 stenographic 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 should 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 should 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 http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 8 of 18 case in which a death sentence has been imposed, the judge conducting the hearing should 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 should also notify the Pasco Administrative Judge or the Pinellas Criminal Administrative Judge, as appropriate, who shall enter a written authorizing the transcript(s). 6.* *Where immediate transcription instructions in a death penalty proceeding are required by this Administrative Order but are not 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 this section 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 contract court reporters reporting death penalty proceedings shall use reporting methods, including but not limited to the measures set out in Rule 2.535(i)(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 case transcripts in capital cases must be emailed to the Supreme Court of Florida in accordance with Supreme Court Administrative 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. *Notice to court participants and the public* All persons entering a courtroom in the Sixth Judicial Circuit are notified that electronic recording equipment is in use and that anything said in the courtroom may be electronically recorded and released upon request. Persons should safeguard information they do not want recorded.** * * 2. *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, http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedin... Page 9 of 18 (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 (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, (iv) Ensure that the microphone is muted for private communications, where mutable microphones are provided, (v) Remember that non-verbal communication is not recorded, (vi) Identify themselves for the record, and (vii) Take all reasonable and available precautions to protect disclosure of confidential communications in the courtroom. Such precautions may include muting microphones or going to a designated location http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 10 of 18 that is inaccessible to the recording equipment. 3. *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 “approved 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 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 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. “Approved court reporters” and “approved 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. “Approved court reporters” and “approved transcriptionists 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 “approved transcriptionist” who shall transcribe in accordance with procedures developed by the AOC. The transcript produced by “approved transcriptionist” is the official record of the proceeding as more fully detailed in Section A(3) of this Administrative Order. e. AOC personnel shall prepare and post notice to persons in all courtrooms that electronic recording equipment is in use and that persons should safeguard information they do not want recorded. 4. *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 contempt of court and will be enforced in accordance with Rule of Criminal Procedure 3.830 or 3.840. 5. *Access to Control Room* * * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 11 of 18 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, Public Defender, and Regional Counsel shall decide how court reporting services will be provided to their offices. * * *I. **PROCEDURES FOR ORDERING WRITTEN TRANSCRIPTS* * * 1. Any person may order a written transcript of a court except that proceedings under the Rules of Juvenile Procedure, Baker Act proceedings, or any other statutorily exempt proceeding shall only be provided to those persons authorized by law. 2. Requests for a written transcript of proceedings should be made in writing utilizing the Transcript Request Form found at www.jud6.org Pinellas County, this form should be submitted to the Administrative Office of the Courts, 14250 49th Street North, Suite H-2000, Clearwater, FL 33762, or via email to jm...@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, Suite City, FL 33523, or via email to eprepor...@jud6.org. In West Pasco County, this form should be submitted to the Administrative Office of the Courts, Court Reporting Department, 7530 Little Road, Room 203, New Port Richey, FL 34654, or via email to wprepor...@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 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 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. No refunds will be issued to a person who cancels his or her request. 6. Counsel of record who are members in good standing of The Florida http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 12 of 18 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 and CDs. 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 the Regional Counsel, by the Capital Collateral Regional Counsel, by appointed from the Registry of the Sixth Judicial Circuit, or by an attorney appointed from the Registry of the Commission on Capital Cases 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 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 or CDs and does not have a cost sharing agreement with the Court, the Chief Judge may reinstate the prepayment requirement without further amendment to this Administrative Order.** * * *J. **PROCEDURES FOR PUBLIC RECORDS REQUESTS FOR AUDIO RECORDINGS OF COURT PROCEEDINGS* * * 1. Any person* *may order an audio recording of a court proceeding as detailed below except that proceedings under the Rules of Juvenile Procedure, Baker Act proceedings, and any other statutorily exempt proceeding shall only be provided to those persons statutorily authorized to obtain the record or to those persons who obtain a court order in accordance with the applicable statutory provisions. 2. Requests for an audio recording of proceedings must be made in writing and should be made using the Audio CD 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 49 th Street North, Clearwater, FL 33762, or via email to jm...@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 eprepor...@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 wprepor...@jud6.org. The request form must include notice that the CD cannot be used in subsequent court proceedings and inform the requestor of the procedures to obtain a transcript. 3. The request must include sufficient information necessary to identify the proceeding, including the date of the proceeding, name of the presiding judge, the case name, the Uniform Case Number, and the the proceedings requested. 4. For requests for an audio CD of court proceedings occurring on or after August 1, 2009, the AOC will prepare the audio CD without any review or redaction of confidential or exempt information or non conversations contained in the recording. 5. For requests for an audio CD of court proceedings occurring prior to August 1, 2009, the requestor must certify that they have provided notice http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 13 of 18 to the other parties and include the address(es) to which notice was provided. The notice shall be in a form substantially similar to Form A, Notice of Request for Audio Recording, attached to this Administrative Order. The notice must inform other parties to the proceeding that requestor is seeking release of the audio recording of a court proceeding, the case name, date and time of the proceeding, and that if they fail to object within 10 days of receipt of the notice, the audio will be released. If a party objects to release of the audio, and the court finds good to redact confidential or exempt information or non-record conversations, or as otherwise directed by the Court, the AOC will prepare the audio CD in a manner that does not include confidential or exempt information or non-record conversations. The requestor must pay for the extra time to prepare an audio CD that does not include confidential or exempt information or non-record conversations. 6. When an audio CD of court proceedings is released, the CD include a disclaimer that it is not the official record of court proceedings and that it is not to be used in subsequent court proceedings. 7. Upon completion of the request, the AOC shall file the Audio CD Request Form in the court file with a notation that the CD was provided to the requestor. 8. The AOC is directed to use its best efforts to provide a CD within 10 business days. Requests for transcripts for use in court proceedings take priority over public records requests for an audio CD. The recording is made for the purpose of preparing transcripts for subsequent court proceedings and giving priority to transcripts will help to avoid costly delays in the processing of cases. However, public records requests must be responded to in a reasonable time. 9. All requests for an audio CD of court proceedings require a 50% deposit before the CD will be produced. The balance must be paid prior to receipt of the CD. All payments must be by check or money order and be made payable to the State of Florida. No refunds will be issued to a requestor who cancels his or her request. 10. Counsel of record who are members in good standing of Bar and who also have an account in good standing may order an audio without paying a deposit. However, counsel must pay for the entire cost of the CD prior to receipt. An account is in good standing when counsel has paid for all previously ordered transcripts and CDs. 11. Requests for an audio CD from the State Attorney or Public Defender shall be billed in accordance with procedures established by the Trial Court Budget Commission. Requests for audio from the Regional Counsel, the Capital Collateral Regional Counsel, an attorney appointed from the Registry of the Sixth Judicial Circuit, or an attorney appointed from the Registry of the Commission on Capital Cases shall be provided 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 applicable. 12. Prepayment is not required for audio CDs 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 or CDs and does not have a cost sharing agreement with the court, the Chief Judge may reinstate the a prepayment requirement without further amendment to this Administrative Order.** 13. The following fees are established for providing copies of audio recordings of court proceedings: * * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 14 of 18 *TIME REQUESTED* * * *COST* *ROUTINE: within 10 business days of the request* $25.00 per session up to 6 hours *EXPEDITED: Within seven business days of the request* $40.00 per session up to 6 hours *EXPEDITED: within two business days of the request* $50.00 per session up to 6 hours In addition to the fees for a copy of the recording listed above, the listening fee established in Administrative Order 2007-080 which is currently $15 per quarter hour, may be charged for requests that require extensive use of staff time. Nothing in this Administrative Order precludes the State Attorney, Public Defender, or Regional Counsel from entering a memorandum of understanding with the Court regarding requests for audio recordings of court proceedings. * * Administrative Order 2007-079 is hereby rescinded. All terms and conditions of Administrative Order 2007-080 remain in full force and effect. * * *DONE AND ORDERED* in Chambers at Clearwater, Pinellas County, Florida, this 31st day of July, 2009. ** ____________________________ J. Thomas McGrady, Chief Judge Attachments: (A) Notice Of Request For Audio Recording (html)<http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2... (A) Notice Of Request For Audio Recording (word version) <http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2... (B) Objection To Release Of Audio Recording (html)<http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2... (B) Objection To Release Of Audio Recording (word version) <http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2... cc: All Judges http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 15 of 18 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 Paula S. O’Neil, Clerk of the Circuit Court, County Jackson Flyte, Regional Counsel Gay L. Inskeep, Trial Courts Administrator Suzanne Mucklow, 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 Court contract court reporting firms *FORM A * * * *IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT* *IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA* *__________________________________, * * State of Florida / Petitioner UCN: ________________________* * REF: _____________________* *vs. * * * *__________________________________, * * Defendant / Respondent. * ____________________________________ / * * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 16 of 18 * * *NOTICE OF REQUEST FOR AUDIO RECORDING* * * *TO OTHER PARTIES:* NAME(s): _________________________ ________________________ ADDRESS(s): _________________________ ________________________ _________________________ ________________________ *PLEASE TAKE NOTICE* that the undersigned is seeking release of the audio recording of the following court proceeding: DATE/TIME _______________________________ JUDGE/LOCATION _______________________________ *IF YOU FAIL TO OBJECT WITHIN TEN (10) DAYS OF RECEIPT OF THIS NOTICE, THE DIGITAL COURT REPORTING DEPARTMENT WILL RELEASE THE AUDIO OF THIS PROCEEDING.* * * *IF YOU OBJECT TO THE RELEASE, YOU MAY USE FORM B “OBJECTION TO RELEASE OF AUDIO RECORDING” POSTED AT **www.jud6.org* <http://www.jud6.org/ must be filed with the Clerk of the Circuit Court with a copy to the Digital Court Reporting Department and all other parties. * *Please govern yourself accordingly.* *I HEREBY CERTIFY that a copy of this Notice has been furnished by mail/hand delivery/personal service to the persons listed above. * _______________________ ______________________________________________ Dated Signature of Person Requesting Audio Print Name: ____________________________________ Address:_______________________________________ _______________________________________ Telephone:_____________________________________ *FORM B * * * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 17 of 18 *IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT* *IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA* *__________________________, * State of Florida / Petitioner UCN: ________________________* * REF: _____________________* *vs. * * * *___________________________, * * Defendant / Respondent. * ____________________________________ / *OBJECTION TO RELEASE OF AUDIO RECORDING* * * *PLEASE TAKE NOTICE* that the undersigned hereby objects to the release the audio of proceedings in this case for the following reasons: This entire proceeding is confidential by statute. I have reason to believe that the audio contains privileged communications. I have reason to believe that the audio contains non-record communications. Other: _________________________________________________________. * * *YOU MUST FILE THIS OBJECTION WITH THE CLERK OF THE CIRCUIT COURT AND PROVIDE A COPY TO THE DIGITAL COURT REPORTING DEPARTMENT WITHIN TEN (10) DAYS OF YOUR RECEIPT OF THE NOTICE OF REQUEST.* * * * I hereby request a hearing before the above said audio is released.* * * * * http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009
  • Florida 6th Circuit now allows people to obtain CourtSmart recordings of court procee... Page 18 of 18 *CERTIFICATE OF SERVICE* * * I HEREBY CERTIFY that a copy of this Objection has been furnished by mail/hand delivery/personal service to the persons listed below and to the Administrative Office of the Courts, Digital Court Reporting Department, this ___day of ________20__. *Parties: * Name__________________________ Name____________________________ Address_________________________ Address ___________________________ _______________________________ _________________________________ *Administrative Office of the Courts, Digital Court Reporting Department:* * * *Pinellas*: 14250 49th Street North, Suite H2000, Clearwater, FL 33762 *West Pasco:* 7530 Little Road, Rm 203, New Port Richey, FL 34654 *East Pasco*: 38053 Live Oak Avenue, Suite 124, Dade City, FL 33523 Dated:_________________________ Signature of Party _______________________________ Name:________________________________________ Address:_______________________________________ __________________________________________ Reply Reply to author Forward Report spam Rate this post: End of messages « Back to Discussions « Newer topic Older topic » Create a group - Google Groups - Google Home - Terms of Service - Privacy Policy ©2009 Google http://groups.google.com/group/lawmen/browse_thread/thread/75b0c26cf81605e2 9/21/2009