ZOOM AND DOOM

 Courtesy of Judge De La O, the Florida Supreme Court has been tinkering with Zoom.  Below are the changes you can expect. 

Can you just envision the closed-door meetings in Tallahassee? 

"What's a pod?" ; "How can we make sure no more lawyers appear as cats?" ; "How can I get it to look like the Golden Gate Bridge is in the background?";                                       "Is this Tik Tok and Snap Chat?" 

On July 14, 2022, the Florida Supreme Court amended multiple rules of procedure to provide for the permanent authorization of certain court proceedings using “communication technology” (for our purposes here, Zoom).  As a result, the Court has repealed portions of AOSC21-17, Amendment 3, specifically the sections dealing with:

 

1) Section II.A., “Use of Technology”;

2) Section II.B., “Administration of Oaths”;

3) Section II.D., “Appellate Court Proceedings”;

4) Section II.E.(1), “Juror Disqualifications, Excusals, and Postponements”;

5) Section II.E.(2), “Jury and Other Proceedings”;

6) Section II.E.(3), “Remote Civil and Criminal Jury Selection Proceedings and Trial Proceedings”;

7) Section II.E.(4), “Other Trial Court Proceedings”; and

8) Section II.E.(5), “In-Person Trial Court Proceedings. 

 Attached is the Court’s July 14, 2022 Amendments to the various procedural rules.  Here are some highlights that affect us in the criminal division:

Rule of Judicial Administration 2.530(c) allows for the continued use of Zoom for juror prequalification to determine if a juror should be disqualified, excused, or have their jury duty postponed

Rule of Judicial Administration 2.530(b)(2)(B) requires that if testimony is taken by Zoom, the oath must be administered by someone who can administer oaths in the witness’s jurisdiction and who is present with the witness.

Rule of Criminal Procedure 3.116(c) allows the use of Zoom for any pretrial conferences, at the court’s discretion.  However, the court can order that the defense appear on Zoom only if the defendant has waived his physical appearance pursuant to Rules 3.180(a)(3) and 3.220(o)(1).  Before ordering that a hearing proceed on Zoom, the court must give notice and consider any objections, but the court can proceed with a Zoom hearing at its discretion.

Rumpole notes- doesn't this seem like a whole lot of work just to waive a physical appearance? We mean, do there need to be TWO separate rules on waiving an appearance? 

Rule of Criminal Procedure 3.116(d) allows the use of Zoom for testimony at a hearing or trial if (1) all parties consent, (2) the party wishing to present such testimony moves the Court for permission by setting forth good cause for allowing Zoom testimony, (3) the oath is administered to the witness as set forth in 2.530(b)(2)(B), and (4) the Defendant’s confrontation rights are protected (i.e., witness must be able to see defendant and vice-versa) or Defendant waives any applicable confrontation rights.. 

There are other changes, these are the ones that jumped out at me as having the most impact on our operations in the Criminal Division.