Filing # 105671498 E-Filed 03/31/2020 01:13:32 PM SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION – CASE NO.: SC20-165 2020 REGULAR-CYCLE REPORT _________________________________________/ THE NEWS MEDIA COALTION’S COMMENT TO RULES OF JUDICIAL ADMINISTRATION COMMITTEE’S PROPOSAL TO, INTER ALIA, AMEND RULE OF JUDICIAL ADMINISTRATION 2.420 The Associated Press; The Bradenton Herald, Inc.; Courthouse News Service; The First Amendment Foundation; The Florida Press Association; Gannett (d/b/a Daily Commercial, Daytona Beach News-Journal, Florida Today, Herald- Tribune, Naples Daily News, Northwest Florida Daily News, Ocala Star Banner, Panama City News Herald, Pensacola News Journal, Tallahassee Democrat, TC Palm, The Destin Log, The Florida Times-Union, The Gainesville Sun, The Ledger, The News-Press, The Palm Beach Post, The Star, The Walton Sun, and Washington County News); Miami Herald Media Company; The New York Times Company; Nexstar (d/b/a WFLA-TV/WTTA-TV, and WMBB-TV); Orlando Sentinel Communications Company, LLC; Sun-Sentinel Company, LLC; and TEGNA Inc. (d/b/a WTLV-TV, WJXX-TV, and WTSP-TV) (collectively, the “News Media Coalition”) submit this brief comment on the proposed rule changes to Rule 2.420 of the Florida Rules of Judicial Administration as proposed in the 2020 Regular-Cycle Report filed in this matter. As set forth in the letter comment to the Rules Committee dated August 12, 2019 (attached to the Committee’s Proposal at Appendix E 40-47), the News Media Coalition does not take a particular position on the current proposed amendments to Rule 2.420. Rather, the News Media Coalition writes to emphasize to the Court the two main points raised in its committee comment. First, we understand the intent behind the proposed amendments to be structural, that is, to reorganize and simplify the rule to provide better clarity on the procedures for handling confidential information contained within court records. Thus, the amendments are not intended to effect any substantive changes to the rule. We do not take a position on those amendments and reserve all rights related to court records access challenges involving Rule 2.420. Further, the pending non-substantive proposal does not address the documented problems the News Media Coalition has experienced with delays in access to court records, particularly newly-filed civil complaints. As the Court is aware, those delay issues have been the subject of communications on behalf of this coalition to the Court and various committees. On January 31, 2019, the Court sent a referral letter on the delay issues identified by the News Media Coalition to the chairs of the Florida Courts Technology Commission and the Rules of Judicial Administration Committee. A subcommittee was formed. Ultimately, on December 30, 2019, the subcommittee’s no-action report was sent to the Court. 2 That report is under advisement now. The delay issues are not addressed by the proposed amendments to 2.420 in this matter, and the News Media Coalition believes additional future amendments to the rule to address those concerns are necessary. Specifically, we continue to believe that filer-only responsibility—without additional clerk responsibility—to identify, minimize, and otherwise protect confidential information contained in traditional civil court filings is a critical and sensible step toward alleviating review bottlenecks that contribute to consistent delays in public access to civil court records. Given the nature of the pending proposed amendments to Rule 2.420, the News Media Coalition does not here fully reiterate its position on the delay issues. We do note that, since the subcommittee’s report was provided to the Court on December 30, 2019, there have been three court decisions confirming the First Amendment right of access attaches to civil complaints when the complaint is filed. See Courthouse News Service v. Yamasaki, 950 F.3d 640 (9th Cir. 2020); Courthouse News Service v. Planet, 947 F.3d 581 (9th Cir. 2020); Courthouse News Service v. Schaefer, No. 2:18-cv-391, 2020 WL 863516 (E.D. Va. Feb. 21, 2020). The judge in Schaefer laid out the constitutional access standard: newly-filed civil complaints are to be publicly available contemporaneously with their filing, which means “on the same day of filing, insofar as practicable.” Id. at *17 (emphasis in original). 3 The News Media Coalition appreciates the opportunity to comment and looks forward to continuing to work with the judicial branch to eliminate access delay issues and improve the public’s access to court records. We know transparency is important to the Court. Thank you for considering our comments and for the Court’s ongoing work on these issues. Dated: March 31, 2020 Respectfully submitted, THOMAS & LOCICERO PL /s/ Carol Jean LoCicero__________ Carol Jean LoCicero Florida Bar No. 603030 Mark R. Caramanica Florida Bar No. 110581 601 S. Boulevard Tampa, FL 33606 [email protected] [email protected] Telephone: (813) 984-3060 Facsimile: (813) 984-3070 Attorneys for The News Media Coalition CERTIFICATE OF COMPLIANCE WITH FLA. R. APP. P. 9.210 Undersigned counsel hereby certifies that this Comment is typed in 14 point (proportionately spaced) Times New Roman and otherwise meets the requirements of Florida Rule of Appellate Procedure 9.210. /s/ Carol Jean LoCicero Attorney 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the Florida Courts E-Filing Portal this 31st day of March, 2020 to: The Honorable Josephine Gagliardi, Chair, Florida Bar Rules of Judicial Administration Committee, Lee County Justice Center, 1700 Monroe Street, Fort Myers, FL 33901-3071, [email protected]; and Krys Godwin, Bar Staff Liaison to the Florida Bar Rules of Judicial Administration Committee, 651 E. Jefferson Street, Tallahassee, FL 32399-2300, [email protected]. /s/ Carol Jean LoCicero Carol Jean LoCicero 5.