Supreme Court News

The oral argument case summaries for March 2022 is available.

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
Follow us on Twitter or Facebook for further updates.

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.

Read More...

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.

Read More...

On June 1, 2020, Florida’s Chief Justice Charles Canady issued a new administrative order adding Seminole County Sheriff Dennis M. Lemma to a COVID-19 Workgroup helping steer the state courts through the coronavirus pandemic. In the order, Canady noted that the mission of the Workgroup in advising him on emergency matters would be helped by adding a representative of the law enforcement community.

The Chief Justice will review this 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

Florida’s Chief Justice Charles Canady issued an order late on May 21, 2020, creating a new pilot program for civil jury trials to be held using remote technology. It will explore ways to let one of the most central parts of the state justice system – jury trials – begin again using health-related distancing during the coronavirus pandemic.

All jury trials in Florida have been halted, and a backlog has developed, since March 13, 2020. This occurred because of the danger of spreading coronavirus in the close quarters used in standard jury procedures. Florida has relied on an in-person jury system for 175 years since it achieved statehood in 1845. Jury trials are required by both the federal and state constitutions in certain instances.

Under the pilot program, the statewide COVID-19 Workgroup will develop requirements and will select up to five Florida trial circuits to participate in the pilot. At this point, trials will only be civil, non-criminal cases and all parties must consent to participate in the pilot.

In other actions last night, Canady also took the following measures:

• Issued a separate new order establishing health & safety precautions to be used in Phase 2 of the expansion of court operations. These precautions are based on a report issued by a statewide advisory COVID-19 Workgroup.
• Amended an earlier order called SCAO20-23 that provides comprehensive emergency procedures for use in courts in the pandemic. The amendments incorporate the new Phase 2 safety procedures contained in the COVID-19 Workgroup report.

Phase 2 is the time when limited in-person contact will be authorized in courts and court proceedings, but protective measures still will be required. It will be followed by Phase 3, when in-person contact is more broadly authorized, and Phase 4, when coronavirus no longer presents a significant risk.

Transition to Phase 2 in the Florida state courts will occur when each trial and appeals court has:

• Met five benchmark criteria: (a) no COVID-19 cases in the courthouse within 14 days or the use of deep cleaning if such cases have occurred; (b) local and state restrictive orders permit the activity; (c) the community shows at least 14 days of improvements in case reporting; (d) adequate testing programs are in place; and (e) other building occupants and justice system partners have been consulted.
• Developed an operational plan addressing implementation of the COVID-19 Workgroup’s report. The plan must be updated regularly to reflect advancements in best practices.

Florida’s State Courts currently are in Phase 1, the time when the most restrictive limits are placed on in-person contact to avoid possible coronavirus infections.

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

On May 14, 2020, Florida’s Chief Justice Charles Canady issued a new order amending earlier limits on court employee personal travel to regions in the United States where community spread of coronavirus is widespread. That restriction now is obsolete in light of Centers for Disease Control reports showing community spread exists nationwide.  

Instead, court employees under the amended order must report certain kinds of personal travel and may be required to work at home or observe similar quarantine measures for periods of time afterward that are recommended by the CDC or other health authorities.

The Chief Justice will review this 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

After holding its first-ever “virtual” arguments May 6, the Florida Supreme Court will hold three more days of oral arguments using remote video teleconferencing when it hears cases in June. The next round of cases will be argued on June 2, 3, and 4 starting at 9:00 a.m. Eastern Time each day. Fourteen cases currently are scheduled over the three days.

The historic May 6 arguments were widely viewed as a success. Under this new remote system, Supreme Court Justices and attorneys interact with each other using Zoom teleconferencing software. The resulting video and audio then are securely combined by staff and distributed to the press and the public on the Court’s existing livestream feeds, which include a Facebook Live channel. This system allows broad worldwide public access while minimizing security problems associated with public teleconferencing.

As it did in May, the Court clerk’s office will work with attorneys in advance of oral arguments to help them set up their own Zoom connections. Each of the Justices and the lawyers will be in separate locations that are teleconferenced together for live questions and answers.

The Florida Supreme Court has a long history of using technology to make its proceedings widely available to the public. It began livestreaming its oral arguments on the web from start to finish starting in 1997 and was the first appellate court in the nation to routinely broadcast its arguments on Facebook Live, starting in January 2018.

The switch to remote technology is a major change for the state’s highest court. For 175 years since statehood, the Florida Supreme Court always has heard arguments with attorneys and judges together in the same room. It is a tradition that dates to early English law, which Florida adopted as the basis for its own legal system when it became a state in 1845.

At the present time, June argument schedules remain tentative and subject to change. Cases scheduled as of May 13 are:

Tuesday, June 2, 2020

• Ham v. Portfolio Recovery, SC18-2124
• Foxhall v. Portfolio Recovery, SC18-2143
• Craft v. State, SC19-953
• Okafor v. State, SC20-323
• Jackson v. State, SC20-257

Wednesday, June 3, 2020

• Peoples Gas System v. Posen Construction, SC19-1305
• Furst v. Defrances, SC19-701
• Woodbury v. State, SC19-8
• Simpson v. State, SC18-1238
• Simpson v. Inch, SC19-700

Thursday, June 4, 2020

• In re: Amendments to Rules Regulating The Florida Bar 2.3.2(b), SC19-1335
• Alcegaire v. State, SC19-428
• Brown v. State, SC19-704
• Brown v. Inch, SC19-1419

Photo: Florida Supreme Court computer technician Tyler Teagle sits in the empty courtroom managing the Zoom teleconference of arguments held May 6, 2020. The resulting video and audio feeds then were sent out to the public and the press over the Court's existing livestreams and Facebook Live.

Florida’s Chief Justice Charles Canady distributed “Best Practices” guidelines on May 11, 2020, that were developed by a statewide COVID-19 Workgroup to help people navigate new remote procedures used by state courts in the coronavirus pandemic. The guidelines offer help not just to judges and court staff but also to people representing themselves in court during the public health crisis. They also will be useful to attorneys, law enforcement agencies, and other stakeholders in the justice system.

Guidelines are being distributed to chief judges around the state and to the public through court websites and on social media. They cover the following topics:

• Helping Pro Se Litigants with Remote Appearance Technology, which helps judges and court staff use remote technology when self-represented litigants are involved;
• Representing Yourself and Using Remote Appearance Technology with the Courts, which helps self-represented litigants understand how remote hearings will work;
• Management of Evidence in Remote Hearings in Civil and Family Cases, which helps judges, court staff, and attorneys manage evidence and witnesses in remote civil and family cases; and
• Out-of-County Inmates, which helps judges, prosecutors, public defenders, and law enforcement agencies honor due-process requirements for out-of-county arrestees during the pandemic, including sample forms.

Essential court business has continued throughout the coronavirus pandemic. The current list of court events now being conducted remotely can be found in a May 4 administrative order issued by Chief Justice Charles Canady, subject to future updates.

The 17-member COVID-19 Workgroup was created by Canady in an April 21 order. It is charged with making ongoing recommendations to guide a phased return to full court operations. Its members include judges, courts personnel, and other stakeholders in the justice system.

Chaired by Orlando-area Circuit Judge Lisa Taylor Munyon, the Workgroup’s mission includes examining the current status of all court proceedings statewide that have been affected by the pandemic. Where warranted, the Workgroup will propose methods for resolving cases with remote technology and other new procedures. Information about the Workgroup and its meeting minutes are available on its webpage.

The move toward more “virtual” hearings is a major historical shift in state court operations, which have relied heavily on in-person proceedings in the 175 years since Florida became a state in 1845. Canady also has asked the Workgroup to make suggestions for remote procedures and other changes that can continue even after the pandemic is over where beneficial to litigants and other justice stakeholders.

All state-court coronavirus emergency orders and advisories are linked on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency

As the hour for arguments approached, the view from the Florida Supreme Court bench on May 6, 2020, was of an empty courtroom galley. Court computer technician Tyler Teagle sat alone at the table normally reserved for lawyers and used his laptop to oversee the Court's first-ever virtual oral arguments.

To date, it was the most dramatic change at the 175-year-old Florida Supreme Court caused by the coronavirus pandemic. Normally, attorneys would stand at the nearby podium to make arguments. They would parry the judges' tough questions on live television as a packed audience watched from the galley seats.

But all of that was swept aside by the pandemic.

None of the justices were in the room on May 6. Neither were the lawyers nor the audience. Teagle himself wore the kind of face mask recommended by public health officials to slow the spread of coronavirus.

Through feeds maintained by WFSU Public Media, Teagle tapped at the laptop keyboard to help splice together the live video showing attorneys and Supreme Court justices interacting from various distant locations. And from the safety of their offices and homes, the press and the public watched the composite video over the web, on Facebook Live, and through the The Florida Channel.

These virtual arguments could be viewed in real time anywhere in the world, even on smartphones. The day's docket of four cases included two about marijuana regulation that generated serious interest and controversy. Meanwhile, audience members argued among themselves in a separate Facebook chat about what the lawyers were arguing. This virtual feed may have lacked the polish of many pre-pandemic videos compiled during the Court's 23-year-old live broadcast program. But many praised it as an smart technological solution in a crisis to keep the courthouse open.

"This new format doesn’t look much different than the previous live stream," said one viewer. "Great job to the Court for adapting to the evolving pandemic and continuing to make these arguments available to the public to view."

Acting on the recommendations of a statewide Court Continuity Workgroup, Florida’s Chief Justice Charles Canady issued a new emergency order May 4 increasing the list of proceedings state courts will accomplish by remote technology during the coronavirus pandemic. 

It also extends the current suspension of jury trials in Florida until July 2. It makes corresponding changes to some legal deadlines by pushing them back until the Monday after the July 4 holiday weekend. In-person jury trials pose a special hazard because they can expose jurors and other courtroom participants to a risk of infection. Future extensions will be considered if needed.

For first-degree murder cases, the new order suspends until July 2 some requirements for in-person preliminary hearings and a requirement that defendants be automatically released from custody if prosecutors are unable to file charges within 40 days.

The order especially focuses on increasing the resolution of cases by shifting as many of them as possible into a virtual environment with remote technology. In addition to work already required under an April 6 order, the amended list now adds the following:

• Non-jury trials, except that all parties must agree to remote non-jury proceedings in criminal, juvenile delinquency, and termination of parental rights cases;
• Alternate dispute resolution cases;
• Status, case management, and pretrial conferences in all case types;
• Non-evidentiary and evidentiary motion hearings in all case types;
• Arraignments and pleas in absentia in county court misdemeanor cases;
• Hearings in juvenile delinquency cases;
• Hearings in noncriminal traffic infraction cases; and
• Problem-solving court staffings, hearings, and wellness checks.

Case types on this list will be held by telephone or other electronic means unless prohibited by the constitution or other law, or where one of the participants is unable to take part because of a lack of required technology or staffing problems caused by the pandemic.

Canady’s order embodies the first set of recommendations from the Workgroup on the Continuity of Court Operations, created by an April 21 order. The Continuity Workgroup was asked to submit recommendations as they are developed to guide a phased return to full court operations.

The expanded list of essential proceedings adds to earlier efforts to mitigate the impact of coronavirus while letting courts operate in a way consistent with public safety. Florida’s courts have followed emergency guidelines since a March 13 order, when Canady suspended jury trials and took other actions restricting in-person proceedings to enforce social distancing. Subsequent orders extended these limits through the end of May, subject to future orders made necessary by the pandemic.

Chaired by Orlando-area Circuit Judge Lisa Taylor Munyon, the 17-member Continuity Workgroup’s mission includes examining the current status of all court proceedings statewide that have been delayed by the pandemic. Where warranted, the Workgroup will propose methods for resolving cases with remote technology and other new procedures. Information about the Workgroup and its meeting minutes are available on its web page.

The move toward more virtual proceedings is a major historical shift in state court operations, which have relied heavily on in-person hearings in the 175 years Florida has been a state. Canady also has asked the Continuity Workgroup to make suggestions for remote procedures that can continue even after the pandemic is over.

All state-court coronavirus emergency orders and advisories are linked on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency

The Florida Supreme Court held several dry-run tests this week to prepare for a history-making transition. On May 6, 2020, the state's highest court will hold virtual oral arguments using remote technology for the first time in its 175-year history.

In practice runs this week, judges and attorneys successfully logged into remote teleconferencing software to get ready for the arguments. They tested audio and video connections and verified online oral argument procedures.

Holding May arguments by video teleconference is a major change brought by the coronavirus pandemic. For nearly two centuries, the Florida Supreme Court has required attorneys and parties to come into its courtroom to make live, in-person arguments before the judges.

But pandemic health guidelines brought a sudden change. Arguments on March 4, 2020, were the last to be held at the Florida Supreme Court using in-person procedures. After postponing April arguments due to the pandemic, the Court moved quickly to conduct its May arguments using remote technology.

Despite this change, the Florida Supreme Court still will require proper decorum. Attorneys in the May 6 cases have been reminded to observe the usual formalities in their dress, manners, and comments even though they will be working from remote locations.

This week's test runs have been a success. Staff from the offices of the Clerk, the Marshal, Public Information, and Information Technology worked together to make them possible. All five of the sitting Justices took part in a test on Tuesday to make sure they are comfortable with the technology. The Court coordinated these tests with staff from its broadcast partner, WFSU Public Media at Florida State University.

The goal is to use remote technology in a way that honors social distancing without changing the key purpose of arguments. That purpose is to find justice in the most difficult cases that arise under Florida law, which the Florida Supreme Court must resolve. This also is the goal Chief Justice Charles Canady set when he approved the historic move to virtual arguments last month.

There are some very high-profile issues on the calendar for May 6. They include cases about Florida's current medical marijuana regulations and a new proposal to make recreational marijuana legal in Florida.

Arguments begin at 9:00 a.m. EST on May 6 and will be broadcast here on Facebook Live and on the Court's other livestream feeds listed at this website: https://bit.ly/3f18lzl

Florida’s Chief Justice Charles Canady issued a new administrative order April 29 suspending a requirement that state court judges must earn most of their continuing judicial education credits at in-person training events. The suspension will remain in effect until further order. Because of the coronavirus pandemic, many regular judicial education programs have been canceled in the coming months and travel restrictions have been imposed on judges and court-system staff.

The Chief Justice will review this and other COVID-19 orders as the pandemic emergency continues. Statewide and local emergency orders and advisories are linked on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency

With Florida’s state courts now operating mostly through remote technology, Chief Justice Charles Canady issued a new administrative order April 21 creating a 17-member workgroup to recommend ways for a staged return to full court operations as the course of the coronavirus pandemic changes in the months ahead.

The workgroup is charged with finding ways for courts to operate as fully as possible during each stage of the pandemic. The workgroup will be chaired by Circuit Judge Lisa Taylor Munyon from the Orlando area.

The order identifies four stages of pandemic operations for the workgroup to study: (1) the period when in-person contact is rare; (2) the period when limited in-person contact may be authorized with precautions; (3) the period when in-person contact is more broadly authorized and precautions are relaxed; and (4) the period when coronavirus no longer is a significant risk.

Canady’s order directs the group to:

• Examine the current status of all court proceedings statewide that have been delayed by the pandemic and, where warranted, propose methods for resolving them with remote technology;
• Identify and propose solutions for legal issues, implementation challenges, and costs associated with the use of remote technology;
• Propose guidance based on the advice of medical and public health professionals for protective measures to allow the safe return of judges, personnel, parties, counsel, jurors, and the public to court facilities;
• Recommend the priority in which proceedings that require in-person hearings and trials should resume;
• Identify metrics to monitor case backlogs and performance;
• Identify which proceedings may continue to be held remotely even after the public health emergency has passed; and
• Identify issues that should be addressed in planning for future pandemics.

Canady’s order authorizes the workgroup to consult other stakeholders in the state’s justice system as well as public health experts, medical professionals, and specialists in pandemic management. It asks the workgroup to be mindful of addressing health and safety issues without overburdening the courts during this period of limited capacity and of weighing local needs against the need for a consistent statewide approach.

The order gives the workgroup authority to make broad recommendations and to identify changes that may be needed to court rules and protocols and to make proposals, if warranted, for the legislature to change statutes. Recommendations of the workgroup will be sent to the Florida Supreme Court as they are developed rather than waiting for a large final report.

Under the order, the workgroup will meet at least through June 30 with extensions possible beyond that date if needed. The Office of the State Courts Administrator will provide staff for the workgroup.

Florida’s courts have been operating under emergency orders since March 13, when Canady suspended jury trials and took other actions restricting disease-spreading activities. Subsequent orders have extended these limits through the end of May, subject to future orders.

The April 21 order and other emergency orders and advisories are being linked on the Florida Supreme Court’s website: https://www.floridasupremecourt.org/Emergency