Supreme Court News

The oral argument case summaries for March 2022 is available.

Who was Florida Supreme Court Justice George W. Macrae? The answer has eluded court staff and historians for years. Until recently, almost nothing was known about Florida's fourth justice. Details about the Macrae Mystery are in the latest edition of Historical Review published by the Florida Supreme Court Historical Society.

Craig Waters, an innovative advocate for public trust and confidence in the judiciary, fierce warrior for government in the sunshine, and reluctant public face of the Florida Supreme Court when the world spotlight shone most brightly upon it, will retire in late February as director of public information after 35 years of public service to the Court and the people of Florida.

Florida Supreme Court Justice Ricky Polston received the LeRoy Collins Distinguished Alumni Lifetime Achievement Award from the Association of Florida Colleges, Communications and Marketing Committee. Justice Polson is Chipola College's 2021 Alumnus of the Year.

A new chair, vice-chair, and members have been selected for the Florida Board of Bar Examiners from the Tampa, Tallahassee, and Miami areas.  Read the press release.

Chief Justice Charles T. Canady today amended an existing order about health and safety protocols in state courts. The updated order makes changes reflecting current public health conditions

Chief Justice Charles T. Canady, in conjunction with The Florida Bar, has proclaimed November as Legal Professionalism Month in Florida. The proclamation serves to encourage all those working in the legal profession to rededicate themselves to exhibiting the highest standards of professionalism and ethics.

Chief Justice Charles Canady has proclaimed October 17-23 as Mediation Week, marking the importance of alternative dispute resolution as an effective substitute to litigation.

Chief Justice Charles T. Canady has issued administrative orders to transfer the work of the Florida Commission on Access to Civil Justice to the Judicial Management Council and, separately, to create a Workgroup on Access to Justice. The administrative orders are available here: Administrative Order No. AOSC21-47, In Re: Florida Commission on Access to Civil Justice and Administrative Order No. AOSC21-48, In Re: Workgroup on Access to Justice.

July 2021 Bar Scores by Anonymous Applicant Number

July 2021 Florida Bar Exam Scores Comparisons by Law School are available. 

Former Florida Chief Justice Stephen H. Grimes, will lie in state in the rotunda of the Florida Supreme Court on Wednesday, September 15, 2021, from 11:00 a.m. to 1:00 p.m. local time. The event is open to all who want to pay their respects. Grimes, 93, died Friday in Tallahassee. He was the 72nd Justice on the Florida Supreme Court and its 46^th Chief Justice since Florida achieved statehood in 1845. Watch on Youtube.

Former Florida Justice Stephen H. Grimes, 93, died Friday in Tallahassee. He was the 72nd Justice on the Florida Supreme Court since Florida received statehood in 1845. Grimes served on the state’s highest court from 1987 to 1997. He led the state courts system as its Chief Justice from 1994 to 1996 during a period of great transition caused partly by the advent of the Internet.

To raise awareness about opioid and stimulant use issues and disorders, and to highlight solutions involving the courts, Chief Justice Charles T. Canady issued a proclamation establishing September 2021 “as a month of awareness, training, and action regarding opioids, stimulants, and treatment for related substance use disorders.”

Courts closures due to Hurricane Ida are being announced.

The latest Historical Review Magazine from the Florida Supreme Court Historical Society is available.

Chief Justice Charles Canady and leadership of the State Courts System continue to monitor health conditions throughout the state and remain alert to guidance provided by state and federal health agencies, including updated Centers for Disease Control and Prevention recommendations issued today. 

The Florida Supreme Court has named Allison “Ali” Sackett as its next state courts administrator. Sackett will serve as the eighth state courts administrator and lead nearly 200 employees in the Office of the State Courts Administrator.

A final Implementation Report of the 2016 Court Communication Plan for the Judicial Branch of Florida was released in early July. The report details how the aims of the Florida Court Communications Plan have been achieved, with a special focus on the period of the COVID-19 pandemic.

This Florida Supreme Court case involves a question of whether a Palm Beach County COVID-19 mask requirement is constitutional. The lower courts ruled it was. New filings have been added to the case.

Wryly recounting her decades of service as a Catholic nun, teacher, lawyer, and judge, former Florida Supreme Court Chief Justice Rosemary Barkett delivered a poignant, and sometimes pointed, June 11 keynote address to the 50-Year member/senior counselors award luncheon.

Let your views be known about Florida’s District Courts of Appeal as part of a statewide assessment. All responses are anonymous; they will be compiled and analyzed as a group.

While the supreme court has been closed to visitors, Public Information Office and Library staff have developed a treasury of virtual educational programming.

Former Florida Supreme Court Chief Justice James E. Alderman died in Vero Beach on Thursday, June 10, 2021. Alderman was 84 and was Florida's 67^th Justice and its 40^th Chief Justice since statehood was granted in 1845.

"And I am pleased to report that — after 15 very long months of laboring under severe constraints — all of our courts are now moving back to normal operations" - Chief Justice Canady.

Chief Justice Charles Canady today issued an order allowing courts around Florida to lift requirements to wear masks and distance from others while in courtrooms during proceedings. Improved health measurements, increased vaccination rates, and updated official health guidance all prompted the changes.

The Florida Judicial Qualifications Commission has brought judicial ethics charges against Miami-Dade Judge Martin Glenn Zilber. New filings have been added here.

Chief Justice Charles Canady today amended orders issued during the pandemic to end restrictions to enter and move through public parts of courthouses throughout the state.  The amended orders keep in place mask and distancing requirements during in-person courtroom proceedings only.

Former Florida Supreme Court Justice Joseph W. Hatchett will lie in state in the rotunda of the Florida Supreme Court building on Friday, May 7, 2021, from 11:00 a.m. until 1:00 p.m. Chief Justice Charles Canady will open this ceremonial event, which also will feature a formal honor guard of the Florida Highway Patrol. Judge Gerald B. Tjoflat of the U.S. Eleventh Circuit Court of Appeals also will speak on behalf of the federal court where Hatchett worked for much of his career as a judge. The Lying in State will be broadcast live in its entirety on the Florida Supreme Court’s YouTube and Facebook pages and from its website.

Former Florida Supreme Court Justice Joseph W. Hatchett died in Tallahassee on Friday, April 30, 2021. Hatchett was 88 and was Florida's 65th Justice since statehood was granted in 1845.

The Florida Supreme Court's Judicial Management Council seeks input from attorneys, the public, and others to identify issues and trends from many perspectives for the long-range strategic plan. The strategic plan will articulate the major issues facing the court system over the next six years and outline priority goals to address those issues.  

The Florida Supreme Court has launched its Virtual Courtroom Directory (courtrooms.flcourts.org) to expand public access to court proceedings. The Virtual Courtroom Directory offers a simple way to find virtual hearings and court livestreams of trials and oral arguments throughout the state.

The Florida Board of Bar Examiners, with the approval of the Supreme Court of Florida, announces that the administration of the General Bar Examination scheduled for July 27-28, 2021, will be administered remotely. The board successfully administered the examination remotely using ExamSoft Worldwide software on February 23-24, 2021, to 1,854 applicants. The board will use ExamSoft to administer the July 2021 examination.

The comparisons of results of Bar scores by students from different law schools has been released by the Florida Board of Bar Examiners for the February 2021 examination.

The Florida Court Public Information Officers (FCPIO) held a virtual awards ceremony on Wednesday, April 7. The FCPIO Board recognized members for outstanding public service and work above and beyond the call of duty while serving as a public information officer or court communications professional.

The essential function of the position within the organization is to direct and oversee operations of the Supreme Court Library. Closing Date: April 9, 2021.

March 11, 2021, marked the one-year anniversary of the first COVID-19 administrative order issued by Chief Justice Charles Canady advising courts around the state to monitor the fast-developing emergency. With more than 50 administrative orders, amendments, and guidelines issued and distributed in the year that followed, protecting the health and safety of those compelled to come before courts in the state has remained a priority while the work of the judicial branch has continued.

Former Florida Supreme Court Chief Justice Gerald Kogan died in Miami on Thursday, March 4, 2021.  He was 87 and was Florida's 73rd Justice since statehood was granted in 1845.

The Florida State Courts System 2019-20 Annual Report is now on the Florida Courts website. Included is a message from Chief Justice Charles Canady focused on the unexpected impact of the pandemic.

Florida’s Chief Justice Charles Canady has issued an administrative order authorizing some remote criminal jury trials as COVID-19 pandemic conditions persist around the state. This order extends a similar authorization issued in June 2020 for some civil trials.

Courts and other governmental institutions have faced unprecedented strains but have withstood the stresses, underscoring the importance of an independent judicial branch, according to Chief Justice Charles Canady. Delivering his annual state of the judiciary commentary at the Supreme Court Historical Society’s annual (and this year virtual) Supreme Evening event January 28, Canady also said a Judicial Learning Center is planned to reinvigorate the court’s library.

Former Florida Supreme Court Justice and retired 11th U.S. Circuit Court of Appeals Chief Judge Joseph W. Hatchett has received the Lifetime Achievement Award from the Florida Supreme Court Historical Society. Watch the award presentation on YouTube.

In this Open Ninth Podcast, Justice Jamie Grosshans chats with Chief Judge Don Myers of the Ninth Judicial Circuit (Orange and Osceola Counties) about life as the Supreme Court’s newest justice.

Chief Justice Charles Canady addressed the widespread use of remote technology in an address to The Florida Bar on Jan. 29, 2021. 

Court News Florida, a collaborative effort of the Florida Supreme Court, the Florida Office of the State Courts Administrator, and the Florida Court Public Information Officers (FCPIO), now offers readers the latest information from all levels of the state’s judicial branch from a single, convenient source.

On January 26, Chief Justice Canady spoke to members of the Florida House of Representative’s Judiciary Committee and provided an overview of the judicial branch’s response to the COVID-19 pandemic as lawmakers prepare for the upcoming legislative session. 

Justice Jorge Labarga and others participate in the Broward County Hispanic Bar Association (BCHBA)’s Bilingual Conference for High School Students.

The Florida Supreme Court released its caseload statistics for 2020. Like all appeals courts, the Florida Supreme Court decides cases in two ways -- by order or by opinion. Cases decided by opinion are elaborate written decisions issued by the Court that get the most public attention, even though they are only a fraction of the total cases decided each year.

On January 10, 1983, Florida civil rights lawyer and judge Leander J. Shaw, Jr., was appointed by Governor Bob Graham to the Florida Supreme Court. He later became the Court's first African-American Chief Justice in 1990. It was the crest of a 20-year tenure that began when he joined the state's highest tribunal on January 10, 1983, as only its second black member. Shaw was one of several talented judges who led the Florida state courts system out of its murky, discriminatory past and toward the Twenty-First Century. It was not an easy time, least of all for leaders like him.

On January 1, 2021, new appellate rules from the Florida Supreme Court will convert longstanding page limits on briefs and other appeals filings into word count limits for all computer-generated documents. They also require the use of specific fonts chosen for readability on computer screens – Arial 14-point or Bookman Old Style 14-point.

It is critical that we attend to our wellness/well-being generally, he emphasized, but especially during COVID or other times of crisis: “When you are in a state of well-being, you have more mental clarity, more energy for work or play, and your immune system works optimally.  We should all take recommended precautions against COVID.  However, I am convinced that the best precaution is optimization of our own immune systems—which requires being in a state of well-being.”  

Due to the pandemic, the session will air for the press and the public on The Florida Channel with simultaneous Facebook Live and YouTube premieres on Wednesday, December 16, 2020, starting at 2:00 p.m. ET.

Florida Supreme Court Warns Public About Scam Emails.

December 9 arguments will be conducted by video teleconference. Arguments begin at 9:00 a.m. ET and will be broadcast on normal live stream feeds.

Virtual Induction Ceremony for New Attorneys. Download Program

Chief Justice Charles Canady has issued two new orders and amended two earlier orders on statewide court pandemic procedures.

The Florida Board of Bar Examiners has announced that the February 2021 Florida Bar Exam will be held remotely.

A listing of court closures due to Tropical Storm Eta.

Elaine Terenzi, of Tampa, Florida, has been reappointed to membership on the Florida Board of Bar Examiners by the Supreme Court of Florida for an additional year. Her term of office will extend through October 31, 2021.

November 2020 marks the 20th anniversary of Bush v. Gore. As part of its mission to preserve Florida Supreme Court history, the archives of the Florida Supreme Court Library in cooperation with the Florida Supreme Court Historical Society invited people involved in Florida’s 2000 presidential election disputes to send in their own written memories for preservation. The idea was to gather as much information as possible from this important period of Florida Supreme Court history for future researchers and historians.

Go to the Memory Project

The Florida Board of Bar Examiners announced today that it successfully administered the October 2020 Bar Examination to 3,137 examinees. Because of the COVID-19 pandemic, the board administered the examination to all applicants remotely for the first time on October 13 and 14, 2020.

“The board thanks all of the examinees for their hard work and dedication to seeing this process through. We would also like to thank ExamSoft for its effort in preparing for the exam and assisting the board and examinees on exam day,” said David C. Reeves, the board’s Chair.   

The Board is expediting the grading for the October 2020 Bar Examination. Grades are scheduled to be posted on November 20, 2020 on the Supreme Court of Florida’s website (www.floridasupremecourt.org).

The Historical Review Magazine is a publication of the Florida Supreme Court Historical Society. The Fall 2020 issue commemorates the 20-year anniversary of Bush v. Gore and Florida’s role in the 2000 election.   

The publication contains historical photos taken at the height of the chaos surrounding the litigation in Florida regarding the 2000 presidential election, and features articles from all perspectives on the Bush v. Gore controversy, including Pulitzer Prize-winning journalist Lucy Morgan, Florida State University College of Law Professor Michael T. Morley, and five of the seven Justices who were on the Florida Supreme Court during that time.

Chief Justice Charles Canady proclaims October 11-17 as Mediation Week in Florida’s courts, marking the importance of alternative dispute resolution as an effective substitute to litigation. Alternative dispute resolution has been used by Florida courts for more than 30 years. More than 5,400 mediators are certified by the Florida Dispute Resolution Center by standards set by the Florida Supreme Court.

More than 2,800 applicants have successfully completed a mock Florida Bar exam using Examsoft software during ongoing trial runs held this month by the Florida Board of Bar Examiners in preparation for the actual online exam October 13.

"We are encouraged by the results," said FBBE Executive Director Michele Gavagni.  "The mock examination went well in Florida, and we understand that other states that scheduled mock exams and are administering their bar examinations in October have had a similar experience."

In related news, FBBE has selected the Law School Admission Council’s LawHub online testing platform as a backup if one is needed for administration of the October 13 exam. LawHub is a secure browser-based platform, with remote proctoring services provided by ProctorU, one of the country’s largest proctoring and test administration companies. 

Hurricane Sally - September 2020
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The Florida Supreme Court is now offering virtual tours for school groups, civic organizations, and leadership groups

Florida's 91st Supreme Court Justice Jamie Grosshans was appointed on September 14, 2020, by Governor Ron DeSantis.

The Florida Supreme Court has named Florida State University law school Dean Erin O’Hara O’Connor as the Registrant Advocate to work with Florida Bar examinees unable to take the 2020 summer Bar exam due to pandemic test failures.

Under the program, examinees can use an online form to contact both the Registrant Advocate and the Florida Board of Bar Examiners about issues like software or testing accommodations. Or they will be able to contact the Registrant Advocate anonymously by email to RegistrantAdvocate@flcourts.org with their concerns.

November 2020 marks the 20th anniversary of Bush v. Gore. 

Were you in Florida 20 years ago during the presidential election dispute known to history as Bush v. Gore? If so, the Florida Supreme Court Library & Archives want to preserve your recollections. An easy online form is available to upload your written submission.

Submit Your Memory

The Florida Board of Bar Examiners has announced the approval of the first 63 applicants for a supervised legal practice program for summer bar exam applicants. The program was put in place when pandemic conditions and online testing software failures led to delays in the summer 2020 Florida Bar exam.

The program was set up by an order of the Florida Supreme Court. It provides some applicants a means to begin limited work in the law even before they have taken the Bar exam as required for admission to The Florida Bar. Applicants will work under the direct supervision of licensed Florida attorneys.

The Florida Board of Bar Examiners has rescheduled the next Florida Bar exam for October 13, with testing potentially continuing October 14 for any candidates who receive test accommodations. The exam will be administered using an online format provided by ExamSoft, a company with more than 20 years’ experience with delivery of online exams. Use of this platform will require that each applicant sitting for the October 2020 Bar Examination have access to a computer that has installed the necessary ExamSoft software.

The exam will consist of 100 multiple choice questions and three essay questions. All multiple-choice questions will be based on Florida law, and will test the following seven subjects:  Florida Rules of Civil Procedure; Florida Rules of Criminal Procedure; Torts; Business Entities; Evidence; Wills; and Trusts. The three essay questions will test Federal Constitutional Law and the following six subjects (all based on Florida law):  Torts; Real Property; Florida Constitutional Law; Ethics; Contracts; and UCC Article 3.

Applicants should check the Board’s website regularly for updates in details and for additional announcements about the upcoming exam. The Florida Supreme Court orders on this subject also are available. Read More...

Jury selection began this morning in Bunnell for a felony jury trial in Flagler County. In-person jury trials were suspended more than five months ago in response to the public health emergency.

“Resuming jury trials is an important milestone for Florida’s courts and the people we serve,” said Chief Justice Charles Canady. “Chief Judge Raul Zambrano and Circuit Judge Terence Perkins prepared carefully for the safe conduct of this proceeding in Flagler County, along with all the justice partners involved. I appreciate the care taken to follow evidence-based best practices for this trial and elsewhere around the state as courts continue to work diligently.”

The Florida Supreme Court has issued an order establishing a supervised practice program that will let some applicants for the August 2020 Bar exam work in the law during the pandemic under supervision of licensed attorneys. The program will last until 30 days after the results of the February 2021 Bar exams are released. It creates a way for applicants to work despite delays caused by pandemic conditions and online testing failures.

Under the order, the Florida Board of Bar Examiners will establish the supervised practice program by the end of August. The court order outlines the application procedure and provides that each applicant’s supervising attorney assumes professional responsibility for all services provided.

The Florida Supreme Court ordered the creation of this temporary program after an online testing system developed due to COVID-19 pandemic conditions failed, causing the current delay. The Florida Board of Bar Examiners currently is working on details of a rescheduled exam to be administered in October. 

Read the Administrative Order

Courts in the Florida Sixteenth Judicial Circuit in the Keys will close Monday, August 24, 2020, due to Tropical Storm Laura. Further updates about this closure and other closures will be posted on our Hurricane Page as the storm approaches Florida. Check back for updates.

Chief Justice Charles Canady has issued a video apology to bar exam applicants and the public over failures in pandemic procedures for the August 2020 Florida bar examination. These failures led to a late cancellation Sunday of an exam scheduled for today.

“We acknowledge and accept the criticism that has been directed at the Court and the Board of Bar Examiners,” Canady said. “Our inability to offer the bar examination in August was a failure. We apologize for that failure.”

Canady said that the Court is now putting in place measures to lessen the hardship on bar exam applicants by authorizing a new stop-gap program. It will let applicants work in the law under the supervision of licensed attorneys until they can take the rescheduled bar exam in October 2020.  

He also said that the Court and the Bar Examiners will take steps to improve their communications about the bar exam and to make sure there are backup plans for future uncertainties caused by the coronavirus pandemic.

“In particular, we assure you that we will put in place alternative plans so that, one way or another, there will be an October administration of the bar exam,” Canady said.

The video is available for viewing through the Florida Supreme Court’s website and its Facebook and YouTube pages. The closed-captioning transcript of the video is below.

***

CLOSED CAPTIONING TRANSCRIPT

Statement of Florida Chief Justice Charles Canady

August 19, 2020

Late in the day on Sunday, August 16, our court received and approved a recommendation from the Board of Bar Examiners to postpone the on-line bar examination scheduled for August 19. This postponement follows the rescheduling of the planned in-person exam in July in order to administer the exam online. The earlier delay in July happened because an upsurge in Covid-19 cases posed an unreasonable risk to the health of examinees participating in an in-person examination. The most recent postponement this past Sunday was a result of the failure of the online platform that had been chosen for the administration of the exam.

Our court deeply regrets this additional delay in the administration of the bar exam. From the outset of our consideration of how to move forward with the bar exam in the face of the pandemic, our goal has been to administer as expeditiously as possible a valid and secure examination in a way that protects the health of all examinees. We take seriously our obligation under the Florida Constitution to protect the public in the decisions we make regarding admission to the practice of law. But we also take seriously our obligation to applicants for admission to the bar.

We understand that the bar exam is one of the most important events in the lives of the examinees – the culmination of years of hard work and for many a rite of passage to a lifetime career in the law.  We recognize that for most aspiring lawyers preparation for the exam is a matter of intense focus for an extended period of time.

We also understand that a three-month delay in licensure is a serious matter – a disruption in life that takes a financial toll and an emotional toll. And we know that for some applicants, such a delay will cause severe hardship. We are seeking to mitigate the impact of this delay through the supervised practice program that we are instituting, but we are keenly aware that this program is a stopgap measure that will provide limited relief to a limited number of applicants.

We acknowledge and accept the criticism that has been directed at the court and the Board of Bar Examiners.  Our inability to offer the bar examination in August was a failure.  We apologize for that failure.  I can’t guarantee you that the path forward will be flawless, but I can guarantee you that we have learned from this mistake and that it will not be repeated.  In particular, we assure you that we will put in place alternative plans so that, one way or another, there will be an October administration of the bar exam in Florida.

Finally, I want to tell you that we take to heart the concerns that have been expressed about the adequacy of communication concerning developments related to the bar exam. Accurately communicating in an uncertain and changing environment presents special challenges. Notwithstanding those challenges, we are committed to improving our communication with those concerned about the administration of the bar exam. It is very reasonable that applicants want to know what is going on regarding planning for the October administration, and we will strive to provide timely and accurate information as it becomes available.

I’m grateful for the opportunity to address these issues as we move forward toward our goal of safely administering a valid and secure Florida bar examination. Thank you

The Florida Supreme Court Law Library has launched a Live Chat feature on the Florida Supreme Court website as an alternative to in-person legal research assistance for patrons. The Library is leveraging innovative uses of technology to provide services while the courthouse is closed to the public and visitors. The Law Library remains closed due to the COVID-19 pandemic.

The Florida Board of Bar Examiners, with the approval of the Supreme Court of Florida, announces that the bar examination that was scheduled for Wednesday, August 19, will not go forward.  

Despite the board’s best efforts to offer a licensure opportunity in August, it was determined that administering a secure and reliable remote bar examination in August was not technically feasible. In addition, the live trial of the examination software scheduled for Monday, August 17, is also canceled. 

The board remains committed to offering an examination to applicants in 2020 and will reschedule the examination for a date to be determined in October. The October examination will have the same content as the examination that had been scheduled for August. The board will announce the date and other information for the October examination in the coming weeks. When this information is announced, August 2020 applicants will have the opportunity to take the October examination or to postpone to the February 2021 examination. 

In addition, the board, with the Court’s approval, announces that it is creating a supervised practice program, along the lines of the already existing Certified Legal Intern program, that will allow for practice with supervision by a member of The Florida Bar.  The board will partner with the Bar and expects the program to begin no later than mid-September, which was the soonest date that grades would have been released had the examination occurred in July as initially scheduled.

Details regarding eligibility and rules for participation will be announced once they are finalized. The board thanks the members of the judiciary and The Florida Bar, Bar staff, and bar admissions administrators who generously offered their time to proctor or grade the August 2020 examination.

One of the most requested services from Florida attorneys is for "certificates of good standing" as members of The Florida Bar. This week, the Florida Supreme Court has launched a new online feature that makes obtaining copies of these certificates much easier.

Now, attorneys can fill in their contact information on a form on the Court's website. Certificates will be mailed to the requester. Certificates of good standing often are required whenever attorneys need to show they are full members of The Florida Bar without any restrictions. The online form is available here: https://bit.ly/3iGWmbb

Chief Justice Charles Canady issued two new administrative orders August 12, 2020, amending guidelines for the four-phased timeline that will govern the return to normal statewide court operations. The four phases were established in prior orders issued since the state courts began pandemic operations in March, all based on recommendations of a COVID-19 Workgroup and general public health guidelines.

The Workgroup’s mission is to find ways for courts to operate as fully as possible during each phase of the pandemic. The Workgroup is chaired by Circuit Judge Lisa Taylor Munyon from the Orlando area.

The August 12, 2020, orders and an attached report amend the Comprehensive Measures and the Public Health & Safety Precautions that provide standards for pandemic operations in the state courts. Read about the changes...

Despite the challenges of Hurricane Michael and the current pandemic, the Panhandle’s 14th Judicial Circuit (Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties), is succeeding with Inspired Resourcefulness.

“Despite the setbacks of the hurricane and the pandemic, veterans treatment court has continued to chug along, finding a way to develop and expand through trying times." As a result, the veterans treatment court held its first graduation on July 23, 2020, for two participants, and a second graduation is scheduled in August for two more participants.

Opioid use disorder in the United States is so prevalent, the National Safety Council reports more people die from an accidental opioid overdose than from traffic fatalities. The National Institute on Drug Abuse earlier this year published data reflecting a surge in Florida overdose deaths involving opioids.

To raise awareness of opioid use disorder and highlight solutions pursued in the courts, Chief Justice Charles Canady issued a proclamation ​establishing August “as a month of awareness, training, and action regarding opioids and treatment for opioid use disorder.”

Read More

Like other circuits, the Ninth Judicial Circuit (Orange and Osceola Counties) has been utilizing technology to hold hearings remotely and to conduct meetings and town halls, for instance.  But the Ninth is especially pleased with its resourcefulness in providing court interpreting and court reporting services—two due process elements that protect litigants’ fundamental constitutional and legal rights.

Florida’s first remote jury selection, part of a voluntary pandemic pilot program that Chief Justice Charles Canady authorized in five circuits, began July 9 in the Eleventh Judicial Circuit (Miami-Dade). The jury selection process and trial streamed live on the 11th Circuit’s YouTube page. 

Administrative Judge Jennifer Bailey said, “We’re privileged to have been selected by the Florida Supreme Court, and we’re privileged to have had the leadership from (Chief) Judge Soto, and to have had the workforce who really embraced this challenge, from Judge Butchko who volunteered to do this trial, to the lawyers and clients who agreed to do it, to the technologists and staff who really scrambled to make this work."

Read More

The Eighth Judicial Circuit has made it a priority to hear cases that impact children during this emergency period, whether those cases are classified as essential or are considered non-essential. Judges moved forward in unfamiliar territory to prevent these cases from being delayed.

The Florida Board of Bar Examiners, with the approval of the Supreme Court of Florida, announces a change to the date of the August 2020 Bar Examination. To avoid a conflict with the August 18, 2020 primary election in Florida, the August 2020 Bar Examination will be administered on Wednesday, August 19, 2020.

“It is important that every citizen in Florida be assured that they are able to vote in the upcoming primary election, whether by mail, early voting, or in person,” said David Reeves, Chair of the Florida Board of Bar Examiners. “With the administration of the examination in an online format, we are able shift the date without impacting the grading schedule.”

Applicants should check the Board’s website regularly for additional announcements about the upcoming General Bar Examination. The website has a dedicated section for FAQs about the August 2020 Examination.

Florida’s Chief Justice Charles Canady issued two new administrative orders on July 2, 2020, to provide more detailed guidance on the four-phase system the state courts will use to govern pandemic operations, especially focusing on Phase 3.

Updated Administrative Order AOSC20-32. The first amended order revises AOSC20-32 originally issued on May 21, 2020. The July 2 amendments establish a certification process for moving to Phase 3 – the time when in-person contact is more broadly authorized and protective measures are relaxed.

That process requires local chief judges to monitor public health reports, consult health experts, and be certified for Phase 3 operations by the Chief Justice. No Florida state courts currently are operating in Phase 3, so the amendments will guide the process when conditions improve.

Updated Administrative Order AOSC20-23. The second amended order revises AOSC20-23 originally issued on April 6, 2020. The original order suspended certain kinds of legal deadlines due to the pandemic. The July 2 amendments update those suspensions to address the new Phase 3 guidelines.

On June 16, 2020, the state courts moved away from a blanket statewide suspension of certain court proceedings like jury trials in favor of a more flexible local approach controlled by local chief judges. This lets individual counties or judicial circuits loosen restrictions earlier if local pandemic conditions are less severe than elsewhere in the state.

The July 2 amended order also sets out new criteria for local courts to follow if local pandemic conditions worsen and they need to revert to Phase 1 – the period when local courts must conduct the majority of court proceedings using remote technology. The amendments are designed to make the process more orderly and minimize disruption.

The July 2 amended order also deletes a prior provision restricting enforcement of eviction proceedings, so that the issue now is controlled by the Governor’s statewide order. Under the Governor’s order, eviction proceedings are restricted until the start of August.

The Chief Justice will review these and other COVID-19 orders as the pandemic emergency develops and will modify or extend them if needed. Statewide and local court emergency orders and advisories are available on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency

The Florida Board of Bar Examiners, with the approval of the Supreme Court of Florida, announces that the in-person administration of the General Bar Examination scheduled for July 28 and 29, 2020, in Tampa and Orlando, is canceled.  In its place, the Board will administer an online bar examination on August 19, 2020.

Please note the following:

• The August 2020 Bar Examination will consist of 100 multiple-choice questions and three essay questions and may cover any subject that is traditionally tested on Part A or Part B of the General Bar Examination.  Any subject may be tested by essay, multiple-choice, or both. 

• For the August 2020 Bar Examination cycle only, applicants will not be required to take the Multistate Bar Examination to establish technical competence.  A scaled score of 136 on the August 2020 Bar Examination and a passing score on the Multistate Professional Responsibility Examination will be sufficient.

• Applicants who have passed one part of the General Bar Examination, but have not passed both parts, must pass the August 2020 Bar Examination to establish technical competence.

• Applicants sitting for the August 2020 Bar Examination must have access to the technology necessary to take an online examination, including access to a computer with a webcam and the internet to allow for proctoring. The Board will not provide this technology to any applicant.  The Board will not provide technical support during the administration of the examination.

• The Board’s vendor for the August 2020 Bar Examination is ILG, its vendor for laptop use during an in-person examination.  Every applicant sitting for the August 2020 Bar Examination must have access to a computer that has installed the necessary ILG software.  This includes applicants who previously elected to handwrite their essay responses.  Applicants who have already installed ILG software in preparation for the in-person General Bar Examination will need to update the software and complete the trial exam, which includes a test of the remote exam check-in process and an overview of the format of the embedded essay and multiple-choice questions.

• Most applicants already have paid the laptop fee and will not incur any additional fees for the August 2020 Bar Examination.  Applicants who previously had elected to handwrite their essay responses will be required to pay the laptop fee.  The Board will waive fees for any applicant who postpones to the next administration of the General Bar Examination.  For applicants who postpone, examination and laptop fees already paid will apply to the next administration of the exam.

• The board will extend the deadline for applying for test accommodations under the ADA relating to the online format to July 10, 2020.  Test accommodation petitions under the extended deadline must be received by July 10, 2020.  No further extensions will be granted.

Applicants should check the Board’s website regularly for additional announcements about the upcoming General Bar Examination. There is a related Florida Supreme Court order.

Court Technology Officer Mike Smith and his staff are credited with transforming court operations to meet the incredible demands presented.   Mike and his team implemented technology solutions immediately to address the need for the courts to social distance while continuing to handle essential and critical proceedings as well as important, non-essential proceedings. 

We are most proud of the speed with which we were able to transition the First Judicial Circuit to a remote model.  Because our judges and court staff had already been through a large-scale digital transformation with the implementation of the court application processing system, better known as the CAPS judicial viewer, we had the court experience, technical skills, and innovative mindset to create new remote processes quickly.

First Judicial Circuit IT staff John Gustafson and Michael Badon set up the public Zoom room monitor for remote county arraignments in Escambia County.

New expectations at courthouses around the state are highlighted in a VIDEO released today to prepare and assure people about changes to protect their health. A return to Florida’s courthouses during the ongoing public health emergency includes new steps such as touchless temperature checks, health screenings, physical distancing, and required masks.

Florida’s courts and clerks of court are taking proactive steps to protect health and safety as courthouses are opening to greater access. A phased plan to return to full operations has begun in many courthouses while juries remain suspended and most court proceedings are conducted remotely.

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Chief Justice Charles Canady delivered the annual State of the Judiciary address during the 2020 Virtual Annual Convention of the Florida Bar. Justice Canady’s remarks were recorded and delivered during the General Assembly meeting Friday, June 19.

Justice Canady concluded his remarks saying, “There are certainly great challenges ahead of us, but I’m confident we will be able to meet those challenges. … Thank you for giving life to the rule of law and for pursuing the goal of equal justice for all.”

Watch Now: State of the Judiciary  Read the speech

Chief Justice Charles Canady issued two new administrative orders and a new “best practices” memorandum late June 16, 2020, adopting changes to guidelines for state court pandemic operations recommended by his COVID-19 Workgroup. They include a new provision letting individual counties or local trial-court circuits return to in-person jury trials at different times based on local conditions.

Updated Administrative Order AOSC20-23. The first new administrative order updates one originally issued April 6, 2020, providing comprehensive guidelines for state court operations in the pandemic. As amended, it now permits local variations in a return to jury proceedings and replaces an earlier blanket statewide suspension of jury trials through at least July 17.

Under the order, local chief judges now can remove the suspension of jury trials locally 30 days after determining that the trial-court circuit or a county within the circuit has transitioned to Phase 2 operations.

Updated Administrative Order AOSC20-32. The second new administrative order updates one originally issued May 21, 2020, providing guidelines for state courts to move into Phase 2. As defined in the order, Phase 2 is when limited in-person contact is authorized for certain purposes in the state courts and may require protective measures.

Phase 3 is when in-person contact is more broadly authorized in the state courts with more relaxed protective measures. Phase 4 is when COVID-19 no longer presents a significant risk to public health and safety in the state courts.

Updated “Best Practices” Memorandum. The new memorandum updates one originally issued May 11, 2020, on “best practices” recommended for state court operations by the COVID-19 Workgroup. It includes new guidelines on jury management in the pandemic, a recommended priority for resuming civil and criminal jury trials once they are authorized, and management of trial evidence during remote pretrial hearings in criminal cases.

The COVID-19 Workgroup is charged in part with updating these guidelines continuously as pandemic conditions change and as new information about COVID-19 is developed by health authorities. It will continue to meet and advise the Chief Justice at least through December 31, 2020.

One of its duties is to recommend which changes made during the pandemic should be continued in state court operations after the pandemic ends.

The Workgroup was first created in an April 21, 2020, order. That order and other emergency orders and advisories are being linked on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency

Chief Justice Charles Canady issued a new administrative order June 15, 2020, extending the term through the end of the year of a Workgroup charged with recommending ways for a staged return to full court operations during the coronavirus pandemic. The workgroup’s mission is to find ways for courts to operate as fully as possible during each stage of the pandemic. The workgroup is chaired by Circuit Judge Lisa Taylor Munyon from the Orlando area.

Under the June 15, 2020, order the Workgroup will continue to:

1. Identify issues the Chief Justice should address in pandemic guidance material and other protocols and emergency procedures to strengthen governance and preparedness for future events;
2. Propose changes including temporary or long-term amendments to the official rules of court and to petition the Florida Supreme Court to make those changes;
3. Recommend needed statutory changes that the Chief Justice may propose to the Legislature; and
4. Respond to other matters referred by the Chief Justice.

Florida’s courts have been operating under emergency orders since a March 13, 2020, order in which Canady suspended jury trials and took other actions restricting disease-spreading activities in the state courts.

The Workgroup was first created in an April 21, 2020, order. That order and and other emergency orders and advisories are being linked on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency

Florida’s Chief Justice Charles Canady on June 8, 2020, issued a memorandum providing new guidelines for the state courts on a resumption of in-person court proceedings during the pandemic. He also amended two earlier orders about jury proceedings.

The first new amended order extends the current suspension of the statewide grand jury investigating school violence through July 26, 2020. It extends the current suspension of other jury proceedings including other grand juries, jury selection, and criminal and civil jury trials through July 17, 2020.

The second new amended order governs an ongoing remote civil jury trial pilot program. It requires trial-court circuits participating in the pilot program to report findings and recommendations by October 2, 2020.

The Chief Justice will review these and other COVID-19 orders as the pandemic emergency develops and will modify or extend them as needed due to changing conditions in the pandemic. Statewide and local court emergency orders and advisories are available on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency

Five trial-court circuits across the state have been chosen to conduct a test of remote technology as a safer alternative to traditional in-person civil jury trials. Locations for the pilot projects of civil jury trials are:

• Jacksonville’s Fourth Judicial Circuit comprising Clay, Duval, and Nassau counties.
• Daytona Beach’s Seventh Judicial Circuit comprising Flagler, St. Johns, Putnam, and Volusia Counties.
• Orlando’s Ninth Judicial Circuit comprising Orange and Osceola counties.
• Miami-Dade County’s Eleventh Judicial Circuit.
• Fort Myers’s Twentieth Judicial Circuit comprising Charlotte, Collier, Glades, Hendry, and Lee counties.

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