Rules of Judicial Administratin June 2019 Agenda with Attachments
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RULES OF JUDICIAL ADMINISTRATION COMMITTEE AGENDA Friday, June 28, 2019 1:00-5:30 Boca Raton Resort & Club Boca Raton, Florida Conference call number: 1-888-376-5050 Conference code: 7458962145# I. CALL TO ORDER—Eduardo Sánchez, Chair A. Attendance roster and roll call; introduction of guests B. Approval of minutes of January 2019 meeting. Page 5 Approval of minutes of June 2019 conference call meeting. Page 16 II. CHAIR’S REPORT—Eduardo Sánchez A. Out-of-Cycle Reports/Court Action 3. SC18-1554, In re: Amendments to the Florida Rules of Judicial Administration—Parental Leave. Oral argument was scheduled by the Court and will be heard on August 27. B. Publishing for Comment The following rules will be published for comment, which comments will be addressed in the October meeting 1. 2020 Regular-Cycle Report: Rule 2.110 (Scope and Purpose); Rule 2.265 (Municipal Ordinance Violations); Rule 2.330 (Disqualification of Trial Judges); Rule 2.420 (Public Access to and Protection of Judicial Branch Records); Rule 2.505 (Attorneys); Rule 2.510 (Foreign Attorneys) 2. Joint Out-of-Cycle Report: Rule 2.345 (Electronic Signature of Court Official); Rule 2.511 (Florida Courts E-Filing Portal); Rule 2.514 (Computing and Extending Time); Rule 2.515 (Signature and Certificates of Attorneys and PartiesRepresentations to Court; Rule 2.516 (Service of Pleadings and Documents); Rule 2.520 (Documents); Rule 2.525 (Electonic Filing); and Rule 3.030 (Service and Filing of Pleadings, Papers, and Documents) III. SUBCOMMITTEE REPORTS A. Subcommittee A—Craig Leen, Chair 19-RJA-04; Review of 2019 Legislation impacting Rule 2.420. These are a recent assignment that will be addressed in a time-sensitive manner. The Laws of Florida, which may impact the rules, may be found beginning on page 17. B. Subcommittee B—Hon. Richard A. Nielsen, Chair No business at this time. C. Subcommittee C—Michael Korn, Chair 1. 15-RJA-19; Rule 2.450 (Technological Coverage of Judicial Proceedings). The subcommittee is continuing to discuss this matter. 2. 18-RJA-08; Rule 2.545 (Case Management). This is a concern raised by the Family Law Rules Committee. The subcommittee is continuing to discuss this matter. For this report, please see page 78. 3. 19-RJA-03; Court referral regarding Rule 2.516; see page 82. D. Subcommittee D—Marynelle Hardee, Chair No business at this time. F. Ad Hoc Rule 2.420 Subcommittee—Tom Hall & Amy Borman, Co-Chairs Verbal update of subcommittee’s work will be shared G. Ad Hoc Rule 2.540 Subcommittee—Hon. Richard A. Nielsen, Chair 1. 18-RJA-06: Therapy Animals. RJAC June 2019 Agenda Page 2 of 175 2. 18-RJA-10: Rule 2.540 (Requests for Accommodations by Persons with Disabilities). For this report, please see page 105. H. Ad Hoc Rule 2.421 Subcommittee—Sandy Solomon, Chair Rule 2.421 (Ex Parte Motion to Seal Document) – proposed rule presented for consideration due to concern raised in Criminal Procedure Rules Committe e on page 107. I. IOP Subcommittee—Hon. Samantha Ward, Chair No business at this time. J. Drafting Subcommittee—John Crabtree, Chair No business at this time. K. Liaison Subcommittee—Sandy Solomon, Chair Verbal report from Subcommittee Chair. L. Fast-Track Subcommittee—Ed Sánchez, Chair IV. FCTC Workgroup—Tom Hall/Justin Horan Verbal report of inter-committee work and communication. V. Information to Share 1. Local Rule. A draft local rule was shared with the committee for comment. Comment was shared informally by RJAC member and formally by other Bar committees. No action is required. 2. ADR referral. These proposed rules were reviewed by appropriate committees and by the RJAC leadership. No action is required. A link to see either of these is at: Additional Information RJAC June 2019 Agenda Page 3 of 175 VI. NEW BUSINESS 1. Remote Testimony, joint committee concern needs further address. This matter was returned to the various committees due to Board of Governors questions . Se e pa ge 13 3. 2. Constitutional Revision regarding Marsy’s Law is not defined within the statutes, yet courts and rules of court may be impacted. Discussion for the committee is whether an open discussion meeting should be scheduled, in addition to the regularly scheduled Bar meetings. See page 166. 3. Concern raised by Dr. Grant regarding incomplete service of a Notice of Arraignment and a subsequent arrest warrant. See page 171. VI. ANNOUNCEMENTS AND ADJOURNMENT 1. Appreciation of Chair 2. Next meetings: a. The Florida Bar Fall Meeting; October 16-18, 2019, Tampa Airport Marriott, Tampa b. The Florida Bar Winter Meeting, February 5-8, 2020, Hyatt Regency Orlando, Orlando Please note this different date! RJAC June 2019 Agenda Page 4 of 175 RULES OF JUDICIAL ADMINISTRATION COMMITTEE MINUTES Friday, January 18, 2019 I. CALL TO ORDER—Eduardo Sánchez, Chair The Chair called the meeting to order at 1:09. A. Attendance roster and roll call; introduction of guests Chair introduced Michael Tanner, Board of Governors Liaison. B. Approval of minutes of October 2018. Motion approve (Leen/Gagliardi)- passed by acclamation. Approval of minutes of December 4, 2019 meeting. Motion approve (Leen/Sasso) – passed by acclamation. II. CHAIR’S REPORT—Eduardo Sánchez A. Out-of-Cycle Reports/Court Action 1. SC17-882, In re: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, and the Florida Rules of Appellate Procedure – Electronic Service. Opinion was published October 25, 2018; rule amendment took effect January 1, 2019. 2. SC18-1554, In re: Amendments to the Florida Rules of Judicial Administration—Parental Leave. The Committee filed a No Action Report to the Court on September 11, 2018. On September 14, 2018, the Court chose to treat this as a proper out-of-cycle report. The proposed rule was published for comment and the Committee responded. Awaiting the Court’s next action. Chair stated we filed report and comments now till April 1, 2019. Next we can respond with majority/minority reports and thus RJA will have work to do on this. B. 2020 Regular-Cycle/Out-of-Cycle Pending Submission 1. Rule 2.330 (Disqualification of Trial Judges). Final approval of proposed amendments in June 2017 by a vote of 26-4. RJAC June 2019 Agenda Page 5 of 175 2. Electronic Documents Proposed Rules: Rule 2.345 (Electronic Signature of Court Official); Rule 2.511 (Florida Courts E-Filing Portal); Rule 2.514 (Computing and Extending Time); Rule 2.516 (Service); Rule 2.520 (Documents); Rule 2.525 (Filing). 3. Rule 2.110 (Scope and Purpose): Approved by a vote of 40-0-1; second amendments approved by a vote of 39-0. 4. Rule 2.265 (Municipal Ordinance Violations): Approved by a vote of 31-0. 5. Rule 2.510 (Foreign Attorneys): Approved by a vote of 32-0-1. III. SUBCOMMITTEE REPORTS A. Subcommittee A—Craig Leen, Chair 1. 18-RJA-09: Rule 2.330 (Disqualification of Trial Judges). This matter was raised by Gary Fox. Craig Leen said that this should be referred to Michael Sasso. Explained that referral concerning a situation where an attorney ran against a sitting judge and then the firm tried to disqualify judge on the firm’s cases. Referral wanted language added to address this. Michael Sasso said there is a statute on disqualification of judges and there is a 1st DCA case, see memo, there is no need to address this by rule and that it should be done by statute. Refer this to Bar GC is recommendation. So no action by RJA except refer to Bar GC. 2. 10-RJA-10: Rule 2.540 (Requests for Accommodations by Persons with Disabilities). This matter was raised by subcommittee chair. Craig Leen made this referral based on ADA changes and what the responsibilities are for an ADA coordinator. Also, he asks whether the duties of an ADA coordinator should be expanded to include out of court matters? Kevin Cook will be working on this. Judge Nielsen is the chair of the other subcommittee that is looking at service animals. It was decided there will be an ad-hoc subcommittee to combine and address both concerns. Judge Nielsen said he and Kevin Cook have been discussing. Considering whether all circuits should be required to have ADA coordinator. Request form ad-hoc subcommittee and Chair approved. Kevin Cook and Judge Neilson with others as needed. B. Subcommittee B—Hon. Richard A. Nielsen, Chair RJAC June 2019 Agenda Page 6 of 175 1. 18-RJA-06: Therapy Animals. This matter is still being researched and reviewed by the subcommittee. Judge Nielsen discussed and referred to memo. 2. 17-RJA-02: Rule 2.535 (Court Reporting). This matter is still being researched and reviewed by the subcommittee. Judge Nielsen said the subcommittee considered the technology available and determined there was no need to address condensed transcripts. The Subcommittee voted no action be taken on this referral. C. Subcommittee C—Michael Korn, Chair 1. 15-RJA-19; Rule 2.450 (Technological Coverage of Judicial Proceedings). The subcommittee is continuing to discuss this matter. Michael Korn said this referral is still pending before the Subcommittee and evaluating how best to proceed. Previously it was suggested that the Subcommittee reach out to FSC. The Subcommittee is waiting until a new FSC settled. 2. 18-RJA-08; Rule 2.545 (Case Management). This is a concern raised by the Family Law Rules Committee. The subcommittee is continuing to discuss this matter. Subcommittee is asking Family Law Rules to get back to Subcommittee and will evaluate after Family Law Rules provides feedback. D.