Kansas Supreme Court Sets Precedent_MN Forclosures?

Kansas Supreme Court Sets Precedent – Key Decision Confirming Livinglies’ Strategies « Livinglies’s Weblog

Read this if your going through foreclosure!

Posted by: "chris010767" chris010767@yahoo.com chris010767

Mon Sep 21, 2009 7:43 pm (PDT)

LANDMARK DECISION PROMISES MASSIVE RELIEF FOR HOMEOWNERS AND TROUBLE FOR BANKS

Ellen Brown, September 19th, 2009
http://www.webofdebt.com/articles/mers.php

A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure. In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme Court held that a nominee company called MERS has no right or standing to bring an action for foreclosure. MERS is an acronym for Mortgage Electronic Registration Systems, a private company that registers mortgages electronically and tracks changes in ownership. The significance of the holding is that if MERS has no standing to foreclose, then nobody has standing to foreclose – on 60 million mortgages. That is the number of American mortgages currently reported to be held by MERS. Over half of all new U.S. residential mortgage loans are registered with MERS and recorded in its name. Holdings of the Kansas Supreme Court are not binding on the rest of the country, but they are dicta of which other courts take note; and the reasoning behind the decision is sound.
Eliminating the "Straw Man" Shielding Lenders and Investors from Liability

The development of "electronic" mortgages managed by MERS went hand in hand with the "securitization" of mortgage loans – chopping them into pieces and selling them off to investors. In the heyday of mortgage securitizations, before investors got wise to their risks, lenders would slice up loans, bundle them into "financial products" called "collateralized debt obligations" (CDOs), ostensibly insure them against default by wrapping them in derivatives called "credit default swaps," and sell them to pension funds, municipal funds, foreign investment funds, and so forth. There were many secured parties, and the pieces kept changing hands; but MERS supposedly kept track of all these changes electronically. MERS would register and record mortgage loans in its name, and it would bring foreclosure actions in its name. MERS not only facilitated the rapid turnover of mortgages and mortgage-backed securities, but it has served as a sort of "corporate shield" that protects investors from claims by borrowers concerning predatory lending practices. California attorney Timothy McCandless describes the problem like this:

"[MERS] has reduced transparency in the mortgage market in two ways. First, consumers and their counsel can no longer turn to the public recording systems to learn the identity of the holder of their note. Today, county recording systems are increasingly full of one meaningless name, MERS, repeated over and over again. But more importantly, all across the country, MERS now brings foreclosure proceedings in its own name – even though it is not the financial party in interest. This is problematic because MERS is not prepared for or equipped to provide responses to consumers' discovery requests with respect to predatory lending claims and defenses. In effect, the securitization conduit attempts to use a faceless and seemingly innocent proxy with no knowledge of predatory origination or servicing behavior to do the dirty work of seizing the consumer's home. . . . So imposing is this opaque corporate wall, that in a "vast" number of foreclosures, MERS actually succeeds in foreclosing without producing the original note – the legal sine qua non of foreclosure – much less documentation that could support predatory lending defenses."

The real parties in interest concealed behind MERS have been made so faceless, however, that there is now no party with standing to foreclose. The Kansas Supreme Court stated that MERS' relationship "is more akin to that of a straw man than to a party possessing all the rights given a buyer." The court opined:

"By statute, assignment of the mortgage carries with it the assignment of the debt. . . . Indeed, in the event that a mortgage loan somehow separates interests of the note and the deed of trust, with the deed of trust lying with some independent entity, the mortgage may become unenforceable. The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default. The person holding only the deed of trust will never experience default because only the holder of the note is entitled to payment of the underlying obligation. The mortgage loan becomes ineffectual when the note holder did not also hold the deed of trust." [Citations omitted; emphasis added.]

MERS as straw man lacks standing to foreclose, but so does original lender, although it was a signatory to the deal. The lender lacks standing because title had to pass to the secured parties for the arrangement to legally qualify as a "security." The lender has been paid in full and has no further legal interest in the claim. Only the securities holders have skin in the game; but they have no standing to foreclose, because they were not signatories to the original agreement. They cannot satisfy the basic requirement of contract law that a plaintiff suing on a written contract must produce a signed contract proving he is entitled to relief.
The Potential Impact of 60 Million Fatally Flawed Mortgages

The banks arranging these mortgage-backed securities have typically served as trustees for the investors. When the trustees could not present timely written proof of ownership entitling them to foreclose, they would in the past file "lost-note affidavits" with the court; and judges usually let these foreclosures proceed without objection. But in October 2007, an intrepid federal judge in Cleveland put a halt to the practice. U.S. District Court Judge Christopher Boyko ruled that Deutsche Bank had not filed the proper paperwork to establish its right to foreclose on fourteen homes it was suing to repossess as trustee. Judges in many other states then came out with similar rulings.

Following the Boyko decision, in December 2007 attorney Sean Olender suggested in an article in The San Francisco Chronicle that the real reason for the bailout schemes being proposed by then-Treasury Secretary Henry Paulson was not to keep strapped borrowers in their homes so much as to stave off a spate of lawsuits against the banks. Olender wrote:

"The sole goal of the [bailout schemes] is to prevent owners of mortgage-backed securities, many of them foreigners, from suing U.S. banks and forcing them to buy back worthless mortgage securities at face value – right now almost 10 times their market worth. The ticking time bomb in the U.S. banking system is not resetting subprime mortgage rates. The real problem is the contractual ability of investors in mortgage bonds to require banks to buy back the loans at face value if there was fraud in the origination process.

". . . The catastrophic consequences of bond investors forcing originators to buy back loans at face value are beyond the current media discussion. The loans at issue dwarf the capital available at the largest U.S. banks combined, and investor lawsuits would raise stunning liability sufficient to cause even the largest U.S. banks to fail, resulting in massive taxpayer-funded bailouts of Fannie and Freddie, and even FDIC . . . .

"What would be prudent and logical is for the banks that sold this toxic waste to buy it back and for a lot of people to go to prison. If they knew about the fraud, they should have to buy the bonds back."

Needless to say, however, the banks did not buy back their toxic waste, and no bank officials went to jail. As Olender predicted, in the fall of 2008, massive taxpayer-funded bailouts of Fannie and Freddie were pushed through by Henry Paulson, whose former firm Goldman Sachs was an active player in creating CDOs when he was at its helm as CEO. Paulson also hastily engineered the $85 billion bailout of insurer American International Group (AIG), a major counterparty to Goldmans' massive holdings of CDOs. The insolvency of AIG was a huge crisis for Goldman, a principal beneficiary of the AIG bailout.

In a December 2007 New York Times article titled "The Long and Short of It at Goldman Sachs," Ben Stein wrote:

"For decades now, . . . I have been receiving letters [warning] me about the dangers of a secret government running the world . . . . [T]he closest I have recently seen to such a world-running body would have to be a certain large investment bank, whose alums are routinely Treasury secretaries, high advisers to presidents, and occasionally a governor or United States senator."

The pirates seem to have captured the ship, and until now there has been no one to stop them. But 60 million mortgages with fatal defects in title could give aggrieved homeowners and securities holders the crowbar they need to exert some serious leverage on Congress – serious enough perhaps even to pry the legislature loose from the powerful banking lobbies that now hold it in thrall.

Back to top

Reply to sender Reply to group Reply via web post
Messages in this topic (1)

JURIST - Paper Chase: FCC chair proposes new 'net neutrality' regulations

JURIST - Paper Chase: FCC chair proposes new 'net neutrality' regulations

Shared via AddThis

LawMen_Fla_BobHurt_CourtReporting

Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedings. - Lawmen Google Groups

Disclaimer: Sample4Use in MN. http://taxthemax.blogspot.com
Judge John Vandenorth's Court Reporter Patricia.Martinez@courts.state.mn.us www.slideshare.net/sharon4anderson

At the end of July, Florida's 6th judicial circuit chief judge issued the
below administrative order regarding court reporting and audio records of
court proceedings. I and several friends have for years hammered on the
courts and administrators to make them release audio recordings. Why?
Because the audio records can prove that judges sometimes commit procedural
violations or crimes. Article I Section 24 of the Florida Constitution gives
the public the right of access to judicial records (including electronic
recordings), and the Supreme Court Justices believe they have the right to
make laws for the judiciary that violate state statutes. The legislature
must override the judiciary by a 2/3 majority of both houses in order to
strike or modify a rule of judicial administration. The rule of judicial
administration lets the Chief Judge of each circuit or district make his own
administrative orders regarding release of the records of the courts. And
up to the end of July 2009 the corrupt chief judges of the 6th Circuit
refused to grant public access to the audio recordings made by the
CourtSmart system used throughout Florida to record court proceedings and
save the records in a database.

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 released
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://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 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 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 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*

* *

*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.”

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.

* *

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.

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:

(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.

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*

* *

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 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 124, 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, 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 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*

* *

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 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 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 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

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

*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* <http://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:_____________________________________

*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 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
_______________________________

Print
Name:________________________________________

Address:_______________________________________

__________________________________________

Reply Reply to author Forward

You must Sign in before you can post messages.

From: To: Cc: Followup To: Add Cc Add Followup-to Edit Subject Subject:
<br />---------- Forwarded message ----------<br />From: Bob Hurt <b...@bobhurt.com><br />Date: Sep 18, 1:26 pm<br />Subject: Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedings.<br />To: Lawmen<br /><br /><br />At the end of July, Florida's 6th judicial circuit chief judge issued the<br />below administrative order regarding court reporting and audio records of<br />court proceedings. I and several friends have for years hammered on the<br />courts and administrators to make them release audio recordings. Why?<br /> Because the audio records can prove that judges sometimes commit procedural<br />violations or crimes. Article I Section 24 of the Florida Constitution gives<br />the public the right of access to judicial records (including electronic<br />recordings), and the Supreme Court Justices believe they have the right to<br />make laws for the judiciary that violate state statutes. The legislature<br />must override the judiciary by a 2/3 majority of both houses in order to<br />strike or modify a rule of judicial administration. The rule of judicial<br />administration lets the Chief Judge of each circuit or district make his own<br />administrative orders regarding release of the records of the courts. And<br />up to the end of July 2009 the corrupt chief judges of the 6th Circuit<br />refused to grant public access to the audio recordings made by the<br />CourtSmart system used throughout Florida to record court proceedings and<br />save the records in a database.<br /><br />The new administrative order reverses the old way as a result of a Supreme<br />Court ruling that said, basically, "we believe in open government."<br /> Operatives in the 6th Circuit apparently hated that. The chief counsel,<br />Elaine B. New, for example, argued orally earlier this year before the<br />Supremes to keep the CourtSmart recordings secret from the public.<br />Thankfully, the Supremes did not fall for her specious and irrational<br />arguments that seemed aimed at protecting corrupt judges.<br /><br />Read the below order for yourself. Note how it provides ways for opponents<br />to object to the release of the records, and how it enables an administrator<br />to hide portions of the recording by striking them from the version released<br />to the public. I believe this will become the chief weapon the courts use<br />to hamstring public efforts to know what really happened in the courtroom.<br /><br />Note also how the order requires judges to turn up the volume and make<br />participants speak clearly, loudly, and into the microphone. I love that<br />provision because I can almost never understand what the players say.<br /><br />Take special note of this: ACTIVISTS DO GET THEIR WAY when they make<br />repeated, well-reasoned arguments.<br /><br />Bob Hurt -http://bobhurt.com<br />2460 Persian Drive #70<br />Clearwater, FL 33763<br />+1 (727) 669-5511<br />Donate here: http://bobhurt.com/lawdonation.htm<br />Study Jurisdictionary:http://www.jurisdictionary.com/index.asp?refercode=HB0002<br />Join Lawmen: lawmen-subscribe@googlegroups.com<br />Free Downloads: http://groups.google.com/group/lawmen/files<br />Save fuel:http://www.fuelsaver-mpg.com/affiliates/jrox.php?id=145_1_tlid_8_Mail...<br /><br />http://www.jud6.org/LegalCommunity/LegalPractice/AOSAndRules/aos/aos2...<br /><http://www.jud6.org/legalcommunity/legalpractice/aosandrules/aos/aos2...><br /><br />*IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT*<br /><br />*IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA *<br /><br />* *<br /><br />ADMINISTRATIVE ORDER NO. 2009-049 PA/PI-CIR<br /><br />Printer Friendly<br />Version<http://www.jud6.org/legalcommunity/legalpractice/aosandrules/aos/2009...><br /><br />* *<br /><br />*RE: COURT REPORTING PLAN AND PROCEDURES FOR PUBLIC ACCESS TO ELECTRONIC<br />RECORDINGS OF COURT PROCEEDINGS*<br /><br />Rule of Judicial Administration 2.535 confers authority upon the Chief Judge<br />to develop a court reporting plan. Specifically, Rule 2.535(h)(3) requires<br />the Chief Judge, after consultation with the circuit court and county court<br />judges in the circuit, to enter an administrative order developing and<br />implementing a circuit-wide plan for court reporting of all proceedings<br />required to be reported at public expense using full or part-time court<br />employees or independent contractors. Further, Rule 2.535(h)(4) authorizes<br />the Chief Judge to provide for electronic recording and transcription of<br />proceedings.**<br /><br />It is necessary to amend the Circuit’s court reporting plan due to the<br />Supreme Court’s opinion in *In re Amendments to the Florida Rules of<br />Judicial Administration and the Florida Rules of Appellate Procedure-<br />Implementation of Commission on Trial Court Performance and Accountability<br />Recommendations*, 2009 WL 2045399, 34 Fla. L. Weekly S452 (Fla. July 16,<br />2009) and thus, Administrative Order 2007-079 must be updated. This opinion<br />will become final on August 1, 2009, and accordingly, the procedures adopted<br />in this Administrative Order are divided between proceedings recorded prior<br />to August 1, 2009, and those recorded on or after August 1, 2009. The<br />procedures adopted for proceedings recorded prior to August 1, 2009, provide<br />for notice and an opportunity to be heard prior to release of these<br />recordings because persons may not have been on notice that their private<br />conversations might be released.<br /><br />Pursuant to the authority of the Chief Judge in Rule of Judicial<br />Administration 2.215, and § 43.26, Florida Statutes, it is<br /><br />*ORDERED*:<br /><br />*A. **FUNDAMENTALS OF COURT REPORTING PLAN*<br /><br />1. *Scope*<br /><br /> The court reporting plan set forth in this Administrative Order<br />delineates procedures to be followed for various proceedings on a<br />circuit-wide basis. However, due to insufficient state funded positions, it<br />continues to be necessary at the West Pasco Judicial Center for stenographic<br />contract court reporters to record all trials pursuant to section 394.910 et<br />seq., Florida Statutes; all termination of parental rights trials pursuant<br />to Chapter 39, Florida Statutes; all hearings on the waiver of parental<br />notification of abortion pursuant to section 390.01114, Florida Statutes;<br />all felony trials; and all proceedings in cases where the death penalty<br />could potentially be imposed, including capital postconviction proceedings.<br /> When sufficient resources become available, the Court intends to bring the<br />delivery of all court reporting services at<br />the WestPasco Judicial Center into accordance with the court reporting plan<br />for the remainder of the circuit.<br /><br /> In any proceeding in which the type of court reporting<br />equipment or services specified in this Administrative Order are not<br />available, the Administrative Office of the Courts (AOC) may utilize any<br />court-employed court reporter or court equipment, or services with which it<br />has contracted, without further order of the Court. Under emergency or any<br />other exigent circumstances in which contracted services, personnel, or<br />equipment are not available, the AOC may utilize whatever other means of<br />reporting is available under the circumstances, but must notify the Chief<br />Judge of the exigency as soon as possible.<br /><br />2. *Definitions*<br /><br />The term “approved court reporter” means a court employee or contractor who<br />performs court reporting services, including transcription, at public<br />expense and who meets the court’s certification, training, and other<br />qualifications for court reporting.<br /><br />The term “approved transcriptionist” means a court employee, contractor, or<br />other individual who performs transcription services at public expense and<br />who meets the court’s certification, training, and other qualifications for<br />transcribing proceedings.<br /><br />The term “civil court reporter” means a court reporter who performs court<br />reporting services in civil proceedings not required to be reported at<br />public expense and meets the court’s certification, training, and other<br />qualifications for court reporting. In the Sixth Circuit a “civil court<br />reporter” is a stenographic court reporter who holds a current certification<br />as a Registered Professional Reporter or other higher-level certification<br />from the National Court Reporter’s Association and who has provided<br />documentation of that certification to the AOC; or who otherwise meets<br />standards set by the AOC to provide court reporting services in the Sixth<br />Judicial Circuit.<br /><br />The term “court-employed stenographic court reporter” means an “approved<br />court reporter” who is employed by the court and who meets the court’s<br />qualifications to perform stenographic court reporting.<br /><br />The term “court-employed digital court reporter” means an “approved court<br />reporter” who is employed by the court and who meets the court’s<br />qualifications to monitor or transcribe electronic recordings.<br /><br />The terms “electronic record” or “electronic recording” means the audio,<br />analog, digital, or video record of a court proceeding made using electronic<br />equipment owned or operated by the Sixth Judicial Circuit.<br /><br />3. *The Record*<br /><br />* *<br /><br />* *For all proceedings in which the Court is required to provide<br />a record, the “official record” is the transcript, which is the written<br />record of court proceedings as produced by an “approved court reporter” and<br />filed with the Clerk of the Circuit Court. For all other court proceedings,<br />the “official record” is the transcript, which is the written record of<br />court proceedings as produced by a “civil court reporter” and filed with the<br />Clerk of the Circuit Court. The official record does not include CDs, DVDs,<br />tapes, or any other electronic record of a court proceeding nor does it<br />include any transcript of a court proceeding produced by a party or other<br />entity not authorized by this Administrative Order.<br /><br /> Only one official record of a court proceeding may be produced.<br /> A transcript of a court proceeding that is not produced by an “approved<br />court reporter” or a “civil court reporter” is not an official record and<br />may not be used in court proceedings.<br /><br />*B. **COURT REPORTING PROCEDURES BY COURT DIVISION*<br /><br />* *<br /><br />1. *Circuit Court*<br /><br />* *<br /><br />*a. **Appellate Division*<br /><br />* *<br /><br />* *The Court does not provide any court reporting services in<br />Appellate Division matters. However, parties wishing to record oral<br />argument in Appellate Division proceedings may use any “civil court<br />reporter” in accordance with Section E of this Administrative Order.<br /><br />* *<br /><br />*b. **Civil Division*<br /><br />* *<br /><br /> Parties in Civil Division proceedings may use any “civil court<br />reporter” in accordance with Section E of this Administrative Order except<br />that all trials in which the Court is required to provide a record,<br />including but not limited to trials under section 394.910 et seq., Florida<br />Statutes, shall be reported by “court-employed stenographic court<br />reporters.” If sufficient “court-employed stenographic court reporters” are<br />not available, such trials may be reported by any other “approved court<br />reporter.”<br /><br />All other proceedings in which the Court is required to provide a record,<br />including but not limited to those under section 394.910 et seq., Florida<br />Statutes, shall be reported by an “approved court reporter.” * *<br /><br />* *<br /><br />*c. Criminal Division*<br /><br />* *<br /><br />* *All proceedings except for trials and capital proceedings,<br />which are addressed in Section F of this Administrative Order, shall be<br />reported by “court-employed digital court reporters.” Trials shall be<br />reported by “court-employed stenographic court reporters.” If sufficient<br />“court-employed stenographic court reporters” are not available, such trials<br />may be reported by any other “approved court reporter.”* *<br /><br />*d. **Probate Division*<br /><br />* *<br /><br />* *Parties in Probate Division proceedings may use any “civil<br />court reporter” in accordance with Section E of this Administrative Order<br />except that all proceedings in which the Court is required to provide a<br />record, including but not limited to proceedings pursuant to Chapter 744,<br />Florida Statutes, regarding (1) adjudication of incapacity; (2) appointment<br />of a guardian; (3) modification, termination, or revocation of the<br />adjudication of incapacity; or (4) restoration of capacity, shall be<br />reported by an “approved court reporter.”<br /><br />*e. **Family Division*<br /><br />* *<br /><br />* *Parties in proceedings governed by the Florida Family Law<br />Rules of Procedure may use any “civil court reporter” in accordance with<br />Section E of this Administrative Order except that all proceedings in which<br />the Court is required to provide a record, including but not limited to<br />domestic violence proceedings under section 741.30, Florida Statutes; as<br />well as all dating, sexual, and repeat violence proceedings under Chapter<br />784, Florida Statutes, shall be reported by an “approved court reporter.”<br /><br /> All proceedings under the Florida Rules of Juvenile Procedure,<br />including trials, shall be reported by “court-employed digital court<br />reporters,” except that termination of parental rights trials pursuant to<br />Chapter 39, Florida Statutes, and proceedings to waive parental notification<br />of abortion pursuant to section 390.01114, Florida Statutes, shall be<br />reported by “court-employed stenographic court reporters.” If sufficient<br />“court-employed stenographic court reporters” are not available, such<br />proceedings shall be reported by any other “approved court reporter.”<br /><br />2. *County Court*<br /><br />* *<br /><br />*a. **Civil Division*<br /><br />* *<br /><br />* *The Court provides no court reporting services for proceedings<br />in the Civil Division. However, the parties may use any “civil court<br />reporter” in accordance with Section E. of this Administrative Order.<br /><br />*b. **Criminal Division*<br /><br />* *<br /><br />* *All criminal proceedings, including trials, shall be reported<br />by “court-employed digital court reporters.”<br /><br />*c. **Small Claims Division*<br /><br />* *<br /><br />* *The Court provides no court reporting services for proceedings<br />in the Small Claims Division. However, the parties may use any “civil court<br />reporter” in accordance with Section E of this Administrative Order.<br /><br />*d. **Traffic Division*<br /><br />* *<br /><br />* **Civil Proceedings*: All civil proceedings in the Traffic<br />Division in Pinellas County shall be reported by electronic recording. The<br />Court provides no court reporting services for civil proceedings in the<br />Traffic Division in Pasco County; however, a party may record a civil<br />traffic infraction hearing in accordance with Florida Rule of Traffic Court<br />6.460(b).<br /><br /> *Criminal Proceedings*: All criminal proceedings in the<br />Traffic Division shall be reported by “court-employed digital court<br />reporters.”<br /><br />*C. **COURT REPORTING PROCEDURES FOR HEARINGS BEFORE GENERAL<br />MAGISTRATES AND HEARING OFFICERS*<br /><br /> All proceedings before general magistrates and hearing officers<br />shall be reported by electronic recording with the exception of hearings<br />before Civil Traffic Infraction Officers in Pasco County as more fully set<br />forth in Section B(2)d of this Administrative Order.<br /><br />*D. **COURT REPORTING PROCEDURES FOR HEARINGS COMMENCING<br />OUTSIDE OF REGULAR COURT HOURS*<br /><br />* *<br /><br />1. *General Procedures*<br /><br />* *<br /><br /> The proceedings described in this section will be electronically<br />recorded. If electronic recording is unavailable due to exigent<br />circumstances, the proceeding may be recorded by any other available means,<br />including but not limited to handheld digital voice recorders. The trial<br />clerk and bailiff shall ensure that the recording equipment remains on<br />throughout the proceeding.<br /><br /> Regardless of which recording method is used, the date, time,<br />name of the judge or other presiding official, party names, and case number<br />shall be stated at the outset of the recording. If a handheld digital voice<br />recorder is used, the trial clerk in attendance shall place the recorder in<br />an envelope and label the envelope with the date of the proceedings and the<br />name of the presiding judge. On the next regular court business day, the<br />trial clerk shall deliver the recorder to the digital court reporting<br />department for transfer of the recording to its equipment.<br /><br />* *<br /><br /> 2. *First Appearance Hearings (Advisories) Pursuant to<br />the Florida Rules of Criminal Procedure or Juvenile Procedure *<br /><br />* *<br /><br /> Advisories commenced on weekends, holidays or at any other<br />time outside of regular court hours shall be electronically recorded. In<br />Pinellas County, jail personnel shall be responsible for ensuring that the<br />electronic recording equipment is started prior to the commencement of the<br />proceedings. In Pasco County, the AOC shall be responsible for ensuring<br />that electronic recording equipment is set to automatically record<br />proceedings from 8:00 a.m. until 3:00 p.m. on weekends and holidays. The<br />trial clerk and bailiff shall be responsible for back-up recording via<br />handheld digital voice recorders.**<br /><br />*3. Chapter 39 Shelter Hearings and Proceedings to Waive Parental<br />Notification of Abortion *<br /><br />* *<br /><br />Shelter hearings pursuant to Chapter 39, Florida Statutes, and proceedings<br />to waive parental notification of abortion pursuant to section 390.01114,<br />Florida Statutes, which are commenced on weekends, holidays, or any other<br />time outside of regular court hours shall be electronically recorded. In<br />Pinellas County, the AOC shall be responsible for ensuring that the<br />electronic computer recording equipment is started prior to the commencement<br />of the proceedings. In Pasco County, the AOC shall be responsible for<br />ensuring that electronic recording equipment is set to automatically record<br />proceedings from 8:00 am until 3:00 pm on weekends and holidays. The trial<br />clerk and bailiff shall be responsible for back-up recording via handheld<br />digital voice recorders.**<br /><br />*E. **COURT REPORTING PROCEDURES WHERE THE COURT DOES NOT<br />PROVIDE A RECORD*<br /><br /> 1.* *If a party wishes to make a record of a court proceeding for<br />which the Court does not provide a record as delineated in this<br />Administrative Order, it is the responsibility of the party or the party’s<br />attorney to secure the services of a “civil court reporter,” as defined in<br />this Administrative Order.<br /><br />2.* *All notices of hearings for proceedings where the Court does not<br />provide a record must specify whether the party setting a matter for hearing<br />will be securing the services of a court reporter; and, if so, the name and<br />address of the court reporter. All costs associated with the court<br />reporter’s appearance will be the responsibility of the party requesting the<br />court reporter. This does not preclude the taxation of costs as authorized<br />by law. See Florida Rule of Judicial Administration 2.535(b).<br /><br />3.* *Only “civil court reporters” as defined in this Administrative Order<br />may be used. If a court reporter arrives to report a particular proceeding<br />but is not a “civil court reporter,” the judge may, after inquiry to<br />determine the qualifications of the reporter, authorize the individual<br />reporter to report a specific proceeding.<br /><br />*F. **COURT REPORTING PROCEDURES IN CAPITAL CASES*<br /><br /> **<br /><br />1. Any proceeding involving the potential or actual imposition of the death<br />penalty, including but not limited to pretrial hearings, trials, sentencing<br />hearings, and postconviction hearings, shall be reported by a<br />“court-employed stenographic court reporter” or a contract stenographic<br />court reporter.<br /><br />* *<br /><br />2. When a jury returns a verdict of guilty as charged in a case where the<br />State is seeking the death penalty, the judge should orally instruct the<br />court reporter to immediately begin transcribing the trial as well as any<br />hearings conducted by any judge throughout the pendency of the case.<br /><br />3. Upon the imposition of the death penalty, the judge should orally<br />instruct the court reporter to immediately begin transcribing the penalty<br />phase of the trial, the *Spencer *hearing, any other hearings held after the<br />verdict but prior to sentencing, and the actual sentencing hearing.<br /><br />* *<br /><br />4. At the conclusion of a case management conference, Rule 3.850 or 3.851<br />evidentiary hearing, or any other evidentiary post-conviction hearings in a<br />case in which a death sentence has been imposed, the judge conducting the<br />hearing should orally instruct the court reporter to immediately begin to<br />transcribe the hearing(s).<br /><br />5.* *Where immediate transcription instructions are given pursuant to<br />paragraphs F(2) –(4) of this Administrative Order, the trial judge should<br />also notify the Pasco Administrative Judge or the Pinellas Criminal<br />Administrative Judge, as appropriate, who shall enter a written order<br />authorizing the transcript(s).<br /><br />6.* *Where immediate transcription instructions in a death penalty<br />proceeding are required by this Administrative Order but are not given, the<br />State Attorney or defense attorney shall move for transcription of the<br />relevant proceedings and prepare an order to transcribe for the signature of<br />the appropriate administrative judge.<br /><br />7. Any order to transcribe issued pursuant this section shall also be<br />construed as a designation to the court reporter and, unless a different<br />timeframe is ordered by the Court, the transcript of the designated<br />proceeding(s) shall be prepared within thirty (30) days. Court-employed and<br />contract court reporters reporting death penalty proceedings shall use<br />reporting methods, including but not limited to the measures set out in Rule<br />2.535(i)(1), (2), and (3) to ensure that transcripts are prepared<br />expeditiously. However, nothing in this Administrative Order shall be<br />construed to authorize payment for court reporting services beyond the<br />regular contract rates. Payment beyond the regular contract rates may be<br />authorized only by order of the Chief Judge.<br /><br />8. All case transcripts in capital cases must be emailed to the Supreme<br />Court of Florida in accordance with Supreme Court Administrative Order No.<br />AOSC04-84* *or any subsequent administrative order of the Supreme Court<br />regarding electronic filing of transcripts in capital cases.<br /><br />* *9. Real-time reporting procedures may be used only when<br />specifically authorized by the Chief Judge.<br /><br />*G. **COURT REPORTING PROCEDURES RELATED TO ELECTRONIC<br />RECORDING*<br /><br />* *<br /><br />1. *Notice to court participants and the public*<br /><br />All persons entering a courtroom in the Sixth Judicial Circuit are hereby<br />notified that electronic recording equipment is in use and that anything<br />said in the courtroom may be electronically recorded and released upon<br />request. Persons should safeguard information they do not want recorded.**<br /><br />* *<br /><br />2. *Participant Functions*<br /><br />In order to ensure an accurate record of proceedings using electronic<br />recording equipment, all participants must comply with the following<br />procedures:<br /><br />a. All court participants in the courtroom, including Clerks of<br />Court, bailiffs, attorneys, and employees of the Court shall:<br /><br />(i) If unable to easily hear a participant in the<br />proceedings, remind the judge that the participants need to speak with<br />sufficient volume for the system to make an accurate recording,<br /><br />(ii) Not tamper with microphones or electronic<br />recording equipment, and<br /><br />(iii) Immediately notify the Judge when it appears<br />that someone is tampering with or has tampered with the electronic recording<br />equipment.<br /><br /> b. Bailiffs shall:<br /><br />(i) Ensure that no one tampers with microphones or the<br />electronic recording equipment,<br /><br />(ii) Promptly notify the Court of any evidence that the<br />microphones or electronic recording equipment is not functioning properly,<br /><br />(iii) Promptly notify the Court when a microphone at an<br />attorney’s table is left muted after a private conversation, and<br /><br /> (iv) Remind participants to speak into the microphone.<br /><br /> c. The Court Clerk shall notify the “court-employed<br />digital court reporter” by calling the digital court reporting control room<br />when proceedings are about to begin or when they have concluded.<br /><br /> d. The Judge shall:<br /><br />(i) Remind participants to speak into the microphone and<br />answer verbally,<br /><br />(ii) If the judge observes or is otherwise informed that<br />equipment has been tampered with or is malfunctioning, notify the<br />Administrative Office of the Courts,<br /><br />(iii) If the judge observes participants being careless with<br />equipment, remind participants to protect the court’s equipment, and<br /><br />(iv) If unable to easily hear a participant in the proceedings,<br />remind the participants to speak with sufficient volume for the system to<br />make an accurate recording.<br /><br /> e. Attorneys and parties shall:<br /><br />(i) Speak clearly and speak into the microphone,<br /><br />(ii) Not tamper with microphones or electronic recording<br />equipment,<br /><br />(iii) Ensure that microphones are on for all non-private<br />communications,<br /><br />(iv) Ensure that the microphone is muted for private<br />communications, where mutable microphones are provided,<br /><br />(v) Remember that non-verbal communication is not recorded,<br /><br />(vi) Identify themselves for the record, and<br /><br />(vii) Take all reasonable and available precautions to protect<br />disclosure of confidential communications in the courtroom. Such<br />precautions may include muting microphones or going to a designated location<br />that is inaccessible to the recording equipment.<br /><br />3. *Administrative Office of the Courts Responsibilities*<br /><br />* *<br /><br />a. Except for general magistrates and hearing officers, all AOC<br />staff who have access to electronic recording equipment, including but not<br />limited to all “approved court reporters” and Court Technology Office staff,<br />shall execute an oath acknowledging their responsibilities to the Court. New<br />employees shall execute the oath prior to assuming duties.<br /><br />* *<br /><br /> b. AOC personnel shall operate and maintain equipment so<br />that an accurate recording is made. If the sound quality of a proceeding<br />drops to a level that brings into question the ability to transcribe the<br />proceeding, the judge shall be notified immediately.<br /><br /> c. AOC personnel shall ensure that the electronic<br />recording equipment will reliably provide for recording of the proceeding. For<br />proceedings using electronic recording equipment, the AOC shall ensure that<br />the proceeding is recorded to a hard drive and backed up on a server. The<br />data shall be removed from the server and burned to a CD or DVD on a<br />periodic basis. The AOC shall maintain the CD or DVD for the period of time<br />prescribed by the Rules of Judicial Administration. Proceedings shall be<br />properly identified, and shall be maintained in a manner that facilitates<br />locating specific court proceedings for purposes of obtaining a transcript.<br /><br /> d. “Approved court reporters” and “approved<br />transcriptionists” shall prepare transcripts of proceedings in accordance<br />with procedures developed by the AOC. Such procedures shall include, but<br />not be limited to, standards for addressing off-the-record discussions;<br />sidebar conferences; and attorney-client conversations not directed to the<br />Court. “Approved court reporters” and “approved transcriptionists” shall<br />also certify the correctness of the transcript prepared.<br /><br /> If sufficient “court-employed digital court<br />reporters” are not available to prepare transcripts in a timely fashion, the<br />AOC shall arrange for transcription by a “court-employed stenographic court<br />reporter” or “approved transcriptionist” who shall transcribe in accordance<br />with procedures developed by the AOC. The transcript produced by the AOC or<br />“approved transcriptionist” is the official record of the proceeding as more<br />fully detailed in Section A(3) of this Administrative Order.<br /><br /> e. AOC personnel shall prepare and post notice to<br />persons in all courtrooms that electronic recording equipment is in use and<br />that persons should safeguard information they do not want recorded.<br /><br />4. *Protection of Equipment*<br /><br />* *<br /><br />In order to ensure a reliable record of proceedings using electronic<br />recording, microphones and other electronic equipment must be protected. Any<br />willful act that disables or circumvents the proper recording of a<br />proceeding, or any willful destruction of such equipment will be treated as<br />contempt of court and will be enforced in accordance with Rule of Criminal<br />Procedure 3.830 or 3.840.<br /><br />5. *Access to Control Room*<br /><br />* *<br /><br /> Access to any electronic recording monitoring location is<br />strictly limited to those court employees whose job functions require<br />access. Access by any other individual is strictly prohibited absent a<br />specific authorization granted by the Chief Judge.<br /><br />*H. **MISCELLANEOUS COURT REPORTING PROCEDURES*<br /><br />* *<br /><br />* *1.* *A court reporter reporting a deposition may<br />report a hearing to have a certified question answered regardless of whether<br />the matter would normally be reported by the Court.<br /><br />2. Hearings of administrative agencies conducted in court facilities<br />may be reported by the agency’s own reporters.<br /><br />3. The State Attorney, Public Defender, and Regional Counsel shall<br />decide how court reporting services will be provided to their offices.<br /><br />* *<br /><br />*I. **PROCEDURES FOR ORDERING WRITTEN TRANSCRIPTS*<br /><br />* *<br /><br />1. Any person may order a written transcript of a court proceeding<br />except that proceedings under the Rules of Juvenile Procedure, Baker Act<br />proceedings, or any other statutorily exempt proceeding shall only be<br />provided to those persons authorized by law.<br /><br />2. Requests for a written transcript of proceedings should be made<br />in writing utilizing the Transcript Request Form found atwww.jud6.org. In<br />Pinellas County, this form should be submitted to the Administrative Office<br />of the Courts, 14250 49th Street North, Suite<br />H-2000, Clearwater, FL 33762, or via email to jm...@jud6.org. In East Pasco<br />County, this form should be submitted to the Administrative Office of the<br />Courts, Court Reporting Department, 38053 Live Oak Avenue, Suite 124, Dade<br />City, FL 33523, or via email to eprepor...@jud6.org. In West Pasco County,<br />this form should be submitted to the Administrative Office of the Courts,<br />Court Reporting Department, 7530 Little Road, Room 203, New Port Richey, FL<br />34654, or via email to wprepor...@jud6.org.<br /><br />3. Any request must include sufficient information necessary to<br />identify the proceeding, including the date of the proceeding, name of the<br />presiding judge, the case name and Uniform Case Number, portion of the<br />proceedings requested, and whether the proceeding was stenographically or<br />electronically reported.<br /><br /> 4. Any transcript produced by the AOC or a contract<br />court reporter will be filed with the Clerk of the Circuit Court unless the<br />Court orders otherwise or unless a rule of court provides otherwise.<br /><br />* *5.* *All transcript requests submitted to the Court<br />require a 50% deposit before the transcript will be produced or the request<br />must be accompanied by an order to transcribe. The balance must be paid<br />prior to receipt of the transcript. Rates for production of transcripts<br />will be in accordance with separate Administrative Orders establishing rates<br />for court reporting services. Except as otherwise provided, the AOC will<br />not release a transcript until payment has been made in full. All payments<br />must be by check or money order made payable to the State of Florida. No<br />refunds will be issued to a person who cancels his or her request.<br /><br />6. Counsel of record who are members in good standing of The Florida<br />Bar and who also have an account in good standing may order an expedited<br />transcript from the Court without paying a deposit. However, counsel must<br />pay for the entire cost of the transcript prior to receipt. An account is<br />in good standing when counsel has paid for all previously ordered<br />transcripts and CDs.<br /><br /> 7. Transcripts requested by the Public Defender or State<br />Attorney shall be billed in accordance with procedures established by the<br />Trial Court Budget Commission. Where a defendant is represented by the<br />Regional Counsel, by the Capital Collateral Regional Counsel, by an attorney<br />appointed from the Registry of the Sixth Judicial Circuit, or by an attorney<br />appointed from the Registry of the Commission on Capital Cases the<br />transcript shall be provided without prepayment. Costs will be paid from<br />the budget of the State Attorney, the Public Defender, the Justice<br />Administrative Commission, or by the Chief Financial Officer as applicable.<br /><br /> 8. Prepayment is not required for transcripts requested<br />by the Guardian ad Litem Program or by Pasco or Pinellas Counties. The<br />prepayment requirement may also be waived for other governmental entities by<br />order of the Chief Judge. In the event that a governmental entity does not<br />timely pay for received transcripts or CDs and does not have a cost sharing<br />agreement with the Court, the Chief Judge may reinstate the prepayment<br />requirement without further amendment to this Administrative Order.**<br /><br />* *<br /><br />*J. **PROCEDURES FOR PUBLIC RECORDS REQUESTS FOR AUDIO<br />RECORDINGS OF COURT PROCEEDINGS*<br /><br />* *<br /><br />1. Any person* *may order an audio recording of a court proceeding<br />as detailed below except that proceedings under the Rules of Juvenile<br />Procedure, Baker Act proceedings, and any other statutorily exempt<br />proceeding shall only be provided to those persons statutorily authorized to<br />obtain the record or to those persons who obtain a court order in accordance<br />with the applicable statutory provisions.<br /><br />2. Requests for an audio recording of proceedings must be made in<br />writing and should be made using the Audio CD Request Form found on the<br />internet atwww.jud6.org. In Pinellas County, this form should be<br />submitted to the Administrative Office of the Courts, Suite H-2000, 14250 49<br />th Street North, Clearwater, FL 33762, or via email to jm...@jud6.org. In<br />East Pasco County, this form should be submitted to the Administrative<br />Office of the Courts, Court Reporting Department, 38053 Live Oak Avenue,<br />Dade City, FL 33523, or via email to eprepor...@jud6.org. In West Pasco<br />County, this form should be submitted to the Administrative Office of the<br />Courts, Court Reporting Department, 7530 Little Road, New Port Richey, FL<br />34654, or via email to wprepor...@jud6.org. The request form must include a<br />notice that the CD cannot be used in subsequent court proceedings and inform<br />the requestor of the procedures to obtain a transcript.<br /><br />3. The request must include sufficient information necessary to<br />identify the proceeding, including the date of the proceeding, name of the<br />presiding judge, the case name, the Uniform Case Number, and the portion of<br />the proceedings requested.<br /><br />4. For requests for an audio CD of court proceedings occurring on<br />or after August 1, 2009, the AOC will prepare the audio CD without any<br />review or redaction of confidential or exempt information or non-record<br />conversations contained in the recording.<br /><br />5. For requests for an audio CD of court proceedings occurring prior<br />to August 1, 2009, the requestor must certify that they have provided notice<br />to the other parties and include the address(es) to which notice was<br />provided. The notice shall be in a form substantially similar to Form A,<br />Notice of Request for Audio Recording, attached to this Administrative<br />Order. The notice must inform other parties to the proceeding that the<br />requestor is seeking release of the audio recording of a court proceeding,<br />the case name, date and time of the proceeding, and that if they fail to<br />object within 10 days of receipt of the notice, the audio will be released.<br /> If a party objects to release of the audio, and the court finds good cause<br />to redact confidential or exempt information or non-record conversations, or<br />as otherwise directed by the Court, the AOC will prepare the audio CD in a<br />manner that does not include confidential or exempt information or<br />non-record conversations. The requestor must pay for the extra time to<br />prepare an audio CD that does not include confidential or exempt information<br />or non-record conversations.<br /><br />6. When an audio CD of court proceedings is released, the CD shall<br />include a disclaimer that it is not the official record of court proceedings<br />and that it is not to be used in subsequent court proceedings.<br /><br />7. Upon completion of the request, the AOC shall file the Audio CD<br />Request Form in the court file with a notation that the CD was provided to<br />the requestor.<br /><br />8. The AOC is directed to use its best efforts to provide a CD<br />within 10 business days. Requests for transcripts for use in court<br />proceedings take priority over public records requests for an audio CD. The<br />recording is made for the purpose of preparing transcripts for subsequent<br />court proceedings and giving priority to transcripts will help to avoid<br />costly delays in the processing of cases. However, public records requests<br />must be responded to in a reasonable time.<br /><br />9. All requests for an audio CD of court proceedings require a 50%<br />deposit before the CD will be produced. The balance must be paid prior to<br />receipt of the CD. All payments must be by check or money order and be made<br />payable to the State of Florida. No refunds will be issued to a requestor<br />who cancels his or her request.<br /><br />10. Counsel of record who are members in good standing of The Florida<br />Bar and who also have an account in good standing may order an audio without<br />paying a deposit. However, counsel must pay for the entire cost of the CD<br />prior to receipt. An account is in good standing when counsel has paid for<br />all previously ordered transcripts and CDs.<br /><br />11. Requests for an audio CD from the State Attorney or Public<br />Defender shall be billed in accordance with procedures established by the<br />Trial Court Budget Commission. Requests for audio from the Regional<br />Counsel, the Capital Collateral Regional Counsel, an attorney appointed from<br />the Registry of the Sixth Judicial Circuit, or an attorney appointed from<br />the Registry of the Commission on Capital Cases shall be provided without<br />prepayment. Costs will be paid from the budget of the State Attorney, the<br />Public Defender, the Justice Administrative Commission, or by the Chief<br />Financial Officer, as applicable.<br /><br />12. Prepayment is not required for audio CDs requested by the Guardian ad<br />Litem Program or by Pasco or Pinellas Counties. The prepayment requirement<br />may also be waived for other governmental entities by order of the Chief<br />Judge. In the event that a governmental entity does not timely pay for<br />received transcripts or CDs and does not have a cost sharing agreement with<br />the court, the Chief Judge may reinstate the a prepayment requirement<br />without further amendment to this Administrative Order.**<br /><br />13. The following fees are established for providing copies of audio<br />recordings of court proceedings:<br /><br />* *<br /><br />*TIME REQUESTED*<br /><br />* *<br /><br />*COST*<br /><br />*ROUTINE: within 10 business days of the request*<br /><br />$25.00 per session up to 6 hours<br /><br />*EXPEDITED: Within seven business days of the request*<br /><br />$40.00 per session up to 6 hours<br /><br />*EXPEDITED: within two business days of the request*<br /><br />$50.00 per session up to 6 hours<br /><br />In addition to the fees for a copy of the recording listed above, the<br />listening fee established in Administrative Order 2007-080 which is<br />currently $15 per quarter hour, may be charged for requests that require<br />extensive use of staff time.<br /><br />Nothing in this Administrative Order precludes the State Attorney, Public<br />Defender, or Regional Counsel from entering a memorandum of understanding<br />with the Court regarding requests for audio recordings of court proceedings.<br /><br />* *<br /><br /> Administrative Order 2007-079 is hereby rescinded. All terms<br />and conditions of Administrative Order 2007-080 remain in full force and<br />effect.<br /><br />* *<br /><br /> *DONE AND ORDERED* in Chambers at Clearwater, Pinellas County,<br />Florida, this 31st day of July, 2009. **<br /><br />____________________________<br /><br /> J.<br />Thomas McGrady, Chief Judge<br /><br />Attachments:<br /><br />(A) Notice Of Request For Audio Recording<br />(html)<http://www.jud6.org/legalcommunity/legalpractice/aosandrules/aos/aos2...><br /><br />(A) Notice Of Request For Audio Recording (word<br />version)<http://www.jud6.org/legalcommunity/legalpractice/aosandrules/aos/aos2...><br /><br />(B) Objection To Release Of Audio Recording<br />(html)<http://www.jud6.org/legalcommunity/legalpractice/aosandrules/aos/aos2...><br /><br />(B) Objection To Release Of Audio Recording (word<br />version)<http://www.jud6.org/legalcommunity/legalpractice/aosandrules/aos/aos2...><br /><br />cc: All Judges<br /><br /> The Honorable Bernie McCabe, State Attorney<br /><br /> The Honorable Bob Dillinger, Public Defender<br /><br /> The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas<br />County<br /><br /> The Honorable Paula S. O’Neil, Clerk of the Circuit Court, Pasco<br />County<br /><br /> Jackson Flyte, Regional Counsel<br /><br />Gay L. Inskeep, Trial Courts Administrator<br /><br />Suzanne Mucklow, Executive Director, Pinellas County Clerk’s Office<br /><br /> Debbie Gay, Assistant Court Services Director, Pasco County<br />Clerk’s Office<br /><br /> Kerry L. Rice, Deputy Courts Administrator, Pasco County<br /><br /> Law Libraries, Pasco and Pinellas Counties<br /><br /> Bar Associations, Pasco and Pinellas Counties<br /><br /> Court contract court reporting firms<br /><br />*FORM A *<br /><br />* *<br /><br />*IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT*<br /><br />*IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA*<br /><br />*__________________________________, *<br /><br />* State of Florida / Petitioner<br /> UCN: ________________________*<br /><br />*<br /> REF: _____________________*<br /><br />*vs.<br /><br />*<br /><br />* *<br /><br />*__________________________________, *<br /><br />* Defendant / Respondent.<br /> *<br /><br />____________________________________ /<br /><br />* *<br /><br />* *<br /><br />*NOTICE OF REQUEST FOR AUDIO RECORDING*<br /><br />* *<br /><br />*TO OTHER PARTIES:*<br /><br />NAME(s): _________________________<br />________________________<br /><br />ADDRESS(s): _________________________<br />________________________<br /><br /> _________________________<br />________________________<br /><br />*PLEASE TAKE NOTICE* that the undersigned is seeking release of the audio<br />recording of the following court proceeding:<br /><br /> DATE/TIME<br />_______________________________<br /><br /> JUDGE/LOCATION<br />_______________________________<br /><br />*IF YOU FAIL TO OBJECT WITHIN TEN (10) DAYS OF RECEIPT OF THIS NOTICE, THE<br />DIGITAL COURT REPORTING DEPARTMENT WILL RELEASE THE AUDIO OF THIS<br />PROCEEDING.*<br /><br />* *<br /><br />*IF YOU OBJECT TO THE RELEASE, YOU MAY USE FORM B “OBJECTION TO RELEASE OF<br />AUDIO RECORDING” POSTED AT **www.jud6.org*<http://www.jud6.org/>*. Objections<br />must be filed with the Clerk of the Circuit Court with a copy to the Digital<br />Court Reporting Department and all other parties. *<br /><br />*Please govern yourself accordingly.*<br /><br />*I HEREBY CERTIFY that a copy of this Notice has been furnished by mail/hand<br />delivery/personal service to the persons listed above. *<br /><br />_______________________<br />______________________________________________<br /><br />Dated Signature<br />of Person Requesting Audio<br /><br />Print Name: ____________________________________<br /><br />Address:_______________________________________<br /><br /> _______________________________________<br /><br />Telephone:_____________________________________<br /><br />*FORM B *<br /><br />* *<br /><br />*IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT*<br /><br />*IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA*<br /><br />*__________________________, *<br /><br />* State of Florida / Petitioner<br /> UCN: ________________________*<br /><br />*<br /> REF: _____________________*<br /><br />*vs.<br /><br />*<br /><br />* *<br /><br />*___________________________, *<br /><br />* Defendant / Respondent.<br /> *<br /><br />____________________________________ /<br /><br />*OBJECTION TO RELEASE OF AUDIO RECORDING*<br /><br />* *<br /><br />*PLEASE TAKE NOTICE* that the undersigned hereby objects to the release the<br />audio of proceedings in this case for the following reasons:<br /><br /> This entire proceeding is confidential<br />by statute.<br /><br /> I have reason to believe that the audio<br />contains privileged communications.<br /><br /> I have reason to believe that the audio<br />contains non-record communications.<br /><br /> Other:<br />_________________________________________________________.<br /><br />* *<br /><br />*YOU MUST FILE THIS OBJECTION WITH THE CLERK OF THE CIRCUIT COURT AND<br />PROVIDE A COPY TO THE DIGITAL COURT REPORTING DEPARTMENT WITHIN TEN (10)<br />DAYS OF YOUR RECEIPT OF THE NOTICE OF REQUEST.*<br /><br />* *<br /><br />* I hereby request a hearing before the above said<br />audio is released.*<br /><br />* *<br /><br />* *<br /><br />*CERTIFICATE OF SERVICE*<br /><br />* *<br /><br /> I HEREBY CERTIFY that a copy of this Objection has been furnished by<br />mail/hand delivery/personal service to the persons listed below and to the<br />Administrative Office of the Courts, Digital Court Reporting Department,<br />this ___day of ________20__.<br /><br />*Parties: *<br /><br />Name__________________________<br />Name____________________________<br /><br />Address_________________________ Address<br />___________________________<br /><br />_______________________________<br />_________________________________<br /><br />*Administrative Office of the Courts, Digital Court Reporting Department:*<br /><br />* *<br /><br />*Pinellas*: 14250 49th Street North, Suite H2000, Clearwater, FL<br />33762<br /><br /> *West Pasco:* 7530 Little Road, Rm 203, New Port Richey, FL<br />34654<br /><br /> *East Pasco*: 38053 Live Oak Avenue, Suite 124, Dade City,<br />FL 33523<br /><br />Dated:_________________________ Signature of Party<br />_______________________________<br /><br /> Print<br />Name:________________________________________<br /><br />Address:_______________________________________<br /><br /> __________________________________________
Validation: For verification purposes please type the characters you see in the picture below or the numbers you hear by clicking the accessibility icon.

You must Sign in before you can post messages.

To post a message you must first join this group.

Please update your nickname on the subscription settings page before posting.

You do not have the permission required to post.

End of messages

« Back to Discussions

« Newer topic

Older topic »