ZOOMING IN MIAMI

 This is an only in Miami story. 

Miami Courts had zoom. 

Then we did not. 

Now we do, but......

In the infinite wisdom of the leaders of our court system, we have zoom only as long as the Court does not tell anyone the zoom addresses of any judge. 

Yes, you read that right. They REMOVED the Zoom information/ directory from the Miami-Dade Court website. 

So you can in theory Zoom. But the Court system will not tell you the Zoom address you need. 

So then we thought we'd just post the directory here. But then we thought far be it from us to be a thorn in the side of the Court administration. You know us: "Go along and get along" That's our motto. No muckrakers we. 

So should we post the stupid directory or not? 

Meanwhile there is a race to greet and welcome visitors at the REGJB. 

The Clerk says Hello: 

Not to be outdone, our chief judge (and anti-zoom zealot? We mean, do they remove the zoom directory from the website without her okey dokey? Just wonderin...) wants to welcome the rogues gallery of REGJB visitors as well: 

So come visit the lobby of the REGJB! There is so much to do. Pose for selfies besides the bust of Richard Gerstein, look at the CJ poster, and then the Clerk's poster- with that finger pointing! That was made for a social media selfie if we ever saw one. And then stroll down the hall, past the elevators and pop into El Chapo cafe for a colada. Oh wait, never mind. It's cerrado. 

Fun fact: When we took the first pic of the CJ poster, we noticed a distinctively Rumpolian silhouette in the reflection. We have come so far in protecting our identity and were almost undone by a mocking post of the court administration, which if you think about it would have been poetic justice. But alas, to the chagrin of the powers that be, we live to Blog another day. 

GO USA SOCCER! We got a healthy ESP/USA parlay working as we write this.  And congrats to our lads who won on the Mexican pitch. Can a Rumpole seat at the Norway/England match this weekend in Miami be in the works? Well, first we need to win our parlay to afford the price of the ducats. And then we need to locate a prime pair. Email us if you have some you want to sell at a decent price. 

I ZOOM; THEY ZOOM; WE ZOOM; YOU ZOOM

 This is not a PC post about pronouns. You won't find that on these pages. Call yourself what you wish and we shall honor your request. It's your life and your pronouns. 

This is about Zoom. Specifically Zoom for first appearance hearings. 

We had it, we lost it, and now... very much like a ceasefire with Iran...it's on...it's off...it's in between...

We now (drum roll please) HAVE ZOOM BACK FOR FIRST APPEARANCES. 

 

 Here is what you need to Zoom in:

Any attorney is welcome to appear remote.  The Zoom number will change (not sure yet how frequently) and the Zoom number will not be publicly posted for security reasons.  However, attorneys are welcome to call my chambers at 305-548-5120 or email my judicial assistant, Cary Rodriguez, at crodriguez@jud11.flcourts.org to obtain the Zoom ID. 

Felony First Appearance

Judge Glazer has set up a new Zoom meeting for Felony First Appearances:

UPDATE- WE guess AI didn't pick up that this zoom is private- somehow, in the age of Florida's rules against private meetings with state officials, sunshine law etc. So just email your fav FACDL apparatchik and they will send it to you....privately. 

Far be it from us to break the rules. 

Let us know how it goes. You have 29 days. We are (nearly) done with this foolishness. 

WHO IS GOING OFF THE RESERVATION

 There is chatter that judges want to do away with zoom. 

And why wouldn't they? 

It helps lawyers. 

It helps litigants, many of whom cannot afford to pay for parking. 

So why wouldn't those who wear black all the time and don't feel respected unless they sit above everyone else want to end the single most helpful innovation in the law since Westlaw made Shephardizing a case as easy as clocking on a button?

Ah, but as we dive deeper into this pending contretemps, it turns out it is not all of the judiciary. We paint with too broad of a brush. So who could it be? 

It's not the DCA judges. They're busy cutting back on oral argument, so any lawyer lucky to get an invitation to appear is going to jump on it. 

And it's not the Circuit bench because they need to wrap things up early and polish that DCA / US District Court application. 

The feds never really had it. Plus you don't get hearings on most matters. Write a motion, prepare an order denying it, keep track of your CJA hours, and you're all set. 

So who could it be that feels undervalued, disrespected, and needs to throw a temper tantrum like North Korea so they won't be ignored?

Why it's the County Court criminal judges who want to do away with Zoom!

Why? 

Because they will not be ignored. They are doing really really important stuff and unlike those pushovers in Circuit, they need lawyers and litigants on bended knee, begging for their attention so the important business of imposing a w/h or adj and court costs and time to pay can be resolved with the Solomonic wisdom they all possess and just need everyone else to know about.  ("Did you see the way Judge XYZ adjudicated that woman which means she will lose her SNAP assistance? Brillant! Just Brillant.") And if the poorest people in the system miss work and have to pay for parking, which means they cannot shop for food for the next day, then....just work harder, duh! 

They can do what they wish. We never go there anyway.  But we will tell you this, they drag defendants and lawyers to county court every day for their nonsense and do away with Zoom, we will harp on this every day until our last day blogging (June 30, 2026).  And we will give credit to those behind the push to do away with Zoom.  Because there is no reason the judges who do away with Zoom should not get all the credit they deserve. Over and over and over. 

So as they say in pleadings, 

Kindly Act Accordingly. 

ZOOM

 You want to Zoom. 

We want to Zoom.

So who doesn't want to Zoom? 

Spoiled Judges who like dragging people to Court for five-minute hearings, global warming (which they are not allowed to say in Florida anyway) be damned as the beneficial effects of keeping hundreds of lawyers off the roads and home does not matter to the Judge who likes to have a big audience watching them say "I'm sorry counsel, but I am just following the law. If you want it changed, that is role of the legislature not the judiciary" in the hope that the ruling reaches the Governor's office. 

But here are the new changes to the applicable rules from your Florida Supreme Court (Motto: "Respecting precedent in all cases that do not hinder the Republican Agenda"). 

Zoom Opinion Disposition by Anonymous PbHV4H on Scribd

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.

SUPREMES SEMI ZAP ZOOM

 Long awaited, much anticipated, the Florida Supreme Court (Moto "Undoing Liberal Precedent Since 2018") issued on July 14, 2022 its amendments to the rules of civil procedure (yawn), Florida Rules Of General Practice and Judicial Administration (first we've ever heard of these rules), Rules of Criminal Procedure, Probate Rules (read em before you need em), Rules of Traffic Court, Small Claims Rules and, last but not least, rules of appellate procedure (Rule 1: PCA's shall be issued in a majority of all criminal cases). 

What most readers of this blog want to know is whether they will have to appear in Hendry County, or Winterhaven,  Two Egg, Florida, in person, or can appear by zoom for a status conference (hint, if you're from Miami, check the air in those tires and change the oil). 

The Rule of Criminal Procedure has been amended to ALLOW judges to set zoom hearings. Broward immediately banned laptops from the Courthouse. Get the hint as to how this is going to go? 

Upon the court’s own motion or upon a party’s written request, rule 3.116 authorizes a judge to direct that communication technology may be used by one or more parties for pretrial conferences, but the defendant or defendant’s counsel must waive the defendant’s physical attendance at pretrial conferences pursuant to rules 3.180(a)(3) and 3.220(o)(1). And rule 3.116 authorizes the judge to allow the taking of testimony through communication technology if all parties consent and the defendant waives any otherwise applicable confrontation rights.

Practice tip- Baker Act hearings have to be done in person. Something to do with the Florida Constitution or something like that. 

Practice tip 2- if you want to take a depo by zoom, the subpoena has to say that, AND list the way to log on to zoom. Shocking, but they felt they needed to include it in the rules. 

ALL THE GOOD OF 2020

 Get lemons and make lemonade. It is what we as criminal defense attorneys are trained to do. So lets take a look at an awful year and figure out what good came of it? 

VIRTUAL HEARINGS

 This is the game changer for law and the courts.

Civil Court:  Civil judges have five minute motion calendars. A lawyer who lives in Kendall and has an office in Dadeland will spend two hours commuting to downtown Miami, then waiting in Court, then driving back to the office. Now with virtual hearings, they can handle it in on Zoom in their office. It saves time and money and even helps the environment by taking carbon emitting cars off the streets. It is a no-brainer which is why we are sure some judges will want to immediately go back to live hearings and no Zoom. There is no reason why even more complex hearings like  summary judgements (whatever those are) cannot be done virtually. 

Criminal Court: Misdemeanor courts can save defendants and witnesses a lot of time and money. County Court is often called "The People's Court" but really it is "The Poor People's Court." As we know, many people struggle to pay bills with two or even three jobs. We cannot tell you how many school teachers we have met as Uber drivers or Starbucks Baristas.   An appearance for a calendar call or arraignment  involves taking a morning off from work, paying for parking, and then sitting in court as lawyers come streaming in and cutting ahead of you. Now, with a virtual hearing, a person can take a half hour break from work, step into a quiet room, and turn down the State's offer of 364 for expectorating on the sidewalk. Once again, we are confident Judges will want to return to the old ways. One thing that they are certain to say is "how can we do in person and virtual hearings at the same time? It will be too difficult."  

The answer is that when people set their court date you give them an option for virtual arraignments and report dates and then the clerks put those hearings into a Judge's schedule for the week. At 9 a.m.  a Judge does in person arraignments. At 9:30 a.m.  virtual arraignments. At 10 a.m. in person reports. At 10:30 a.m. virtual reports. And so on and so on. 

The great Golf Champion Gary Player broke the mold for golf players and athletes in the 1960's. He stretched and ran and did yoga and lifted weights and studied nutrition back when such things were ridiculed. Well into his 90's, he does 1000 sit-ups and 100 pushups a day. He has ten rules for living, the first and best is "Change is the Price of Survival." 

We have a real chance here to remake the court system as more user friendly. The world and the virus has literally pushed an antiquated court system into the 21st century. Credit to Judge Soto and her team of Judges who got it up and running quickly. Please do not go back to the old ways. Let it be that sometime around 2040 a group of lawyers and judges are meeting on line and a few of the old-timers reminisce about the days when lawyers and litigants had to go to court in person for arraignments, status conferences, and motions. 

Lets take the lemons of 2020 and make some lemonade (virtually, of course). 

WHO IS ZOOMING

 Give credit where credit is due. Miami-Dade, land of the Trump voter, has a court system that responded quickly to covid-19 and instituted a full Zoom system. Lawyers now awake, pad into their home office, log on and Zoom their morning away. Count us as someone who will advocate for a hybrid in-person-Zoom system when everyone gets the Pfizer vaccine. Zoom reduces congestion in the court house, lowers carbon emissions, keeps traffic down, and allows clients to appear in court without wasting an entire morning. 

Broweird appears to be Zooming. Ditto Hillsborough County, which is accommodating your blogger on a pretty serious case. 

Go on the Monroe County court website and this is how much Zoom information is available_______________________. Zero. None. Nada. Appears it is easier to get a pina colada on Duval street then a Zoom link in the Conch Republic. 

So what can our readers report about  the availability of Zoom hearings in Florida in other counties? 

The following is an accurate recitation of a conversation Rumpole had with a Judicial Assistant in August 2020: 

Rumpole: I am calling to get the Zoom link for the upcoming status conference next week.

JA: What's that? 

Rumpole: Zoom or the link?

JA: Either. 

Rumpole: Is your courthouse open? Are you doing in person hearings?

JA: Sure we are. 

Rumpole: The website for this circuit says the courthouse is closed because of Covid. Have you heard of Covid?

JA: Yes. This judge doesn't believe in it. He requires people to attend court. 

Rumpole: I see. Well one way to deal with a life threatening pandemic is to ignore it. Would it matter to the Judge I am a continent away in Europe and I cannot secure a ten hour flight for a five minute hearing? 

JA: No. 

Rumpole: What a wonderful group of public servants you are. Have a nice a day. Click. 

We then called the prosecutor and counsel for the co-defendant who both told us the JA and Judge want to open court and the Chief Judge will not allow them to do so and to submit a motion and order requesting to appear electronically. We then asked why the JA is telling people to come to court. Both told us the Judge was trying to get people to show up at the courthouse so that he could convince the chief judge to allow him to open court. 

We submitted the motion and order and received an order with a Zoom link. We then asked the Judge at the hearing if he was aware his assistant denied knowledge of what Zoom was. The Judge waved us off, denied a motion to continue from both sides and ordered trial for the following week. That Friday we received an order continuing the trial that was set for Monday because of "an apparent lack of jurors." 

This folks, is your Florida judiciary at work.  The most surprising part of this horror story is that the learned judge is NOT located in Broward. 

COURTS WILL BE ZOOMING ALONG

UPDATE INCLUDING FLORIDA PEAK RATE PREDICTION

STATS IN THE US: 
It took from 2/29 to 3/17 to reach 100 deaths in the US. Nine more days to reach 1000 deaths. 72 house to reach 2000 deaths. This is a classic pandemic curve.  STAY INSIDE PLEASE. 

Deaths in the US will reach 81,114 by August 4. The peak is predicted on April 14 of this coming month with more than 2000 deaths. Source: Health Data. ORG.
NOW IS THE TIME TO STAY INSIDE AND PRACTICE SOCIAL DISTANCING. 

FLORIDA IS FLATTENING THE CURVE. That's the good news. The mortality rate is predicted to peak in Florida on May 14. That means we need to remain isolated in our homes for 45 more days. That is bad news.  HANG IN THERE. We will help you get through this. 

COVID 19 DASHBOARD COURTESY OF JOHN HOPKINS UNIVERSITY





ZOOM baby. Zoom. Court hearings are continuing. The virus curve is rising in Florida meaning our prediction about the heat protecting us is not apparently correct, although New Mexico and Arizona are still reporting low case numbers.

You need to do your work, and you need to stay safe. What is a lawyer to do?

ZOOM!



Court hearings will most likely be conducted by Zoom so it's time you get on the Internet, go here ZOOM, download Zoom, find someone under the age of 18 to help you and get up and Zooming.

Have ZOOM questions? Don't ask us. We still use a Motorola Brick Cell Phone and beeper to stay in touch. 




BTW- Blog record- three embedded videos/maps.