JUDGE FABER ZOOMS ALONG

County Court is not going away, and Judge Faber is on top of it all. Here is his latest missive. 

From Judge Faber:

I hope this email finds you and your families in good health and safe from this coronavirus. 

On June 1^st our courthouse closures are scheduled to end and how REG will change regarding schedules is being determined now.  I wanted to take an opportunity to share with you what we in County Criminal have been doing and will do going forward:

Non-Criminal Traffic Court – Zoom calendars are scheduled to begin in May for attorneys.  It will be subsequently opened for Pro Se Defendants as the kinks are worked out.  By June 1^st there will be no need for Defendants in these cases to appear at REG unless they want to.  This will help tamp down crowds that might otherwise be asked to attend.

(ODR) Online Dispute Resolution – Miami-Dade County is the first county in the State to open ODR.  Any citizen who has proof of compliance for a non-criminal charge of lack of insurance, lack of registration or lack of a driver’s license, can go online and provide that proof.  Once accepted the case will be dismissed.  Those persons will not have to appear at REG ever.

(JDP) Jail Diversion Project – closed to new entrants because of the emergency, cases are still managed and weekly Staffings have been set up to review these cases.  Our RAC (see below) provides an avenue to address these matters in court at a special set hearing.  Very few persons need to be at REG for these hearings and remote access is encouraged.

First Appearance/Bond Hearings (5-3 REG) – These video-feed hearings from TGK are conducted daily, at 9 AM and then again at 1 PM.  This Courtroom cannot be easily Zoom-equipped because of the video-feed equipment, but covering judges have been using their personal computers/IPads to arrange Zoom Meetings upon request to provide remote access and that is being recorded as if the person was physically present.  Attorneys may attend via Zoom or in-person.  Any review of bond status for detained inmates for misdemeanor cases, or other emergency matters brought to our attention for an in-custody Defendant, is heard at 12 Noon in this Courtroom with the Defendant appearing through the direct video-feed from TGK or a Zoom appearance set-up by Corrections.  Very few persons need to be at REG for these hearings and remote access is encouraged.

(RAC) Remote Access Courtroom (5-2 REG) – This courtroom is open daily and is properly Zoom-equipped with a proprietary Zoom address (Meeting ID# 976 1199 8760).  Any pending out-of-custody case can be calendared through the division judges for a hearing on a motion, to divert the case, or to enter a plea, at a Zoom hearing scheduled in the RAC.  If necessary a contested evidentiary hearing can be special set in an afternoon calendar.  Very few persons need to be at REG for these hearings and remote access is encouraged.

Moving forward, there are a number of things being worked on and considered regarding opening up our Court in the County Criminal Division:

1.  A review by the State of pending criminal arraignments and pre-trial conferences - The State has been very willing in this crisis to do internal reviews of their pending cases to ensure they are weeding out cases that would be dismissed anyway and are using the Administrative Order process to do so.  This will help tamp down crowds that might otherwise be asked to attend.
2. All Misdemeanor courtrooms at REG (2-11, 4-9, 4-10, 5-1, 5-2, 5-7, 6-5, 6-6, 6-7, and 6-8, with the exception of 5-3) have been Zoom-equiped, meaning a separate monitor for Zoom attendance is installed and ready.  Zoom training for judges and staff is ongoing.  Notices are being modified.  We anticipate every hearing through Arraignment being Zoomed so persons may appear remotely rather than by appearing in-person at REG.  This will help tamp down crowds that might otherwise be asked to attend.
3. Post-Arraignment hearings that do not require the presence of the Defendant (e.g.: Soundings on DUI cases) are likely also to be Zoomed.  This will help tamp down crowds that might otherwise be asked to attend.
4. Jury Trials being specially set and coordinated to ensure a minimum of people are impacted and social distancing can occur in the hallways and waiting areas.
5. Publicity about what changes are coming and getting the word out to a public scared to return when we do open up is on everyone’s minds.  We believe that as people read that they have options to in-person appearances and are told of them through media and by word-of-mouth, Zoom attendance will grow quickly on our dockets when in-person presence is not required.

There will always be a need for face-to-face court (e.g.: some people just don’t have access to online efforts, trials, etc.) so re-considering how to hold Court in this time (when what our traditional model has been that everyone appears personally) has been a struggle.  I think we all agree there are no easy ways out of this pandemic that can kill you.  All of us know people who have been infected, sadly some who have died.  We must open in a way in the criminal divisions that keeps people and staff safe, one that respects due process and victim’s rights, and one that fosters respect for the institution itself.

I am confident we will re-open our Courts safely in the days ahead.

Robin Faber

Administrative Judge

County Court, Criminal Division

Richard E. Gerstein Justice Building

1351 NW 12^th Street, Room 513

Miami, Florida 33125