Here is what is being discussed to open the Miami Courthouses. Note that in true Florida fashion as it now stands you can walk into a courthouse without a mask, but need a mask for a courtroom. This info is from a widely circulated email, the reprinting of which we have done without the express written consent of the National Football league, subjecting us to all sorts of nasty criminal and civil liability.
Here are a few possible changes that were preliminarily discussed:
ZOOM vs. IN-PERSON
Judges would conduct both in-person AND Zoom calendars for daily calendar – not simultaneously, but separate calendars altogether. The presumption is that the lawyer would appear in-person, but can arrange a Zoom hearing instead by contacting the JA ahead of time
An example of how this might occur is to have regular in-person calendar starting at 9am and the same judge having a separate Zoom calendar at 10:01am (any Zoom calendar would be denoted by :01 in the time it starts)
Arraignments, pleas and trials/hearings would continue to be in-person
Arraignments: as before, the lawyer can file a Notice of Appearance instead of attending and also waive client’s appearance
Hearings: Motion to Suppress, PVHs – still in-person
Trials: still in-person
Soundings: for now, still in-person; Judge Sayfie is not averse to eventually conducting soundings via Zoom; for now, she wants to start slowly with continuing Zoom; this was raised to Judge Sayfie on behalf of private attorneys
In the meantime, a couple ways to avoid having to appear for Sounding is to (1) submit an Agreed Order for Continuance to the judge beforehand or (2) filing a Motion for Continuance in advance and contacting JA to place case on Zoom calendar before Sounding date
Traffic Infractions (non-criminal): continuing on Zoom
6 comments:
THE CAPTAIN REPORT:
DESANTIS JUDICIAL APPOINTMENTS:
Updating our readers on my post from a couple of days ago, Gov Ron appointed two new judges today. His first appointment was for a Circuit Court Judge in the 1st Circuit. He appointed an ASA. His second appointment was for a County Court seat in Marion County. Again, he appointed another ASA. Both new judges are career prosecutors.
Cap Out .......
Arraignments and soundings should be default zoom, not the other way around.
Some special reason you *want* to be in court for ARR or to sound "not ready"? Make a request.
These are the definition of pro forma, procedural court dates and there is seldom a reason to devote drive time for them.
Even better would be eliminating arraignments entirely. Everyone pleads not guilty and demands his rights unless otherwise indicated.
Could you imagine driving south on I95 to attend a sounding in court and getting caught in that horrific accident this morning? Amazing that no one was killed. Driving South Florida roads are like being in a Road Warrior movie. You take your life into your hands driving there, then once inside, you are captive to a million deadly germs. What is wrong with contining with ZOOM for non essential matters? DUHHHHH.
9:25:
Agreed re virtual arraignments and soundings.
But actually having an arraignment is critical, as the defendant (through counsel) has to affirmatively acknowledge the charges (whether explicitly, the way it's typically done in federal court ["We acknowledge receipt of the Indictment, waive formal reading ..."] or implicitly, by entering a (not guilty) plea to those charges). This can, of course, be done by a written pleading, but setting an arraignment on the calendar is needed, practically speaking, to make sure there's a plea (written or oral) on record.
Agreed that arraignments and especially soundings should be done over Zoom-that way we are not stuck in Court and wasting 1/2 a day for mundane things that could be handled remotely.
Judges want to keep arraignments in person so they can force pleas and manage their calendar. That tactic only works with 3rd degree felonies. Nsoonevis pleading to state prison at arraignment.
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