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Amendments to the juvenile rules

Amendments to the juvenile rules

The Florida Bar’s Juvenile Court Rules Committee (Committee) has submitted to the Florida Supreme Court an out-of-cycle report proposing amendments to Florida Rule of Juvenile Procedure 8.150 (Contempt). According to the report, the amendments conform the rule to amendments to section 985.037, Florida Statutes made by chapter 2014-162, § 5, Laws of Florida and make various other changes to the rule.

The Court invites all interested persons to comment on the proposed amendments, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the Court on or before July 1, 2015, with a certificate of service verifying that a copy has been served on the Committee Chair, Deborah A. Schroth
921 North Davis Street, Suite 360B, Jacksonville, Florida 32209, [email protected], and on the Bar Staff Liaison to the Committee, Gregory A. Zhelesnik, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, [email protected], as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until July 22, 2015, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

IN RE: AMENDMENTS TO THE FLORIDA RULE OF JUVENILE PROCEDURE 8.150, CASE NO. SC15-711

RULE 8.150. CONTEMPT

< p>(a) Contempt of Court. The court may punish any child for contempt under this rule for interfering with the court or court administration, or for violating any order of the court. A child under the jurisdiction of the juvenile court may be subject to contempt under this rule even upon reaching the age of majority. If the child is found in contempt and sentenced to secure detention, on motion by any party the court must review the placement of the child to determine whether it is appropriate for the child to remain detained.

< p>(ab) Direct Contempt. After a hearing, a contempt may be punished summarilyimmediately if the court saw or heard the conduct constituting the contempt that was committed in the actual presence of the court. The judgment of guilt of contempt shall include a recital of those facts upon which the adjudication of guilt is basedThe child has a right to legal counsel and the right to have legal counsel appointed by the court if the child is indigent. The court must inform the child as to the basis for the contempt by reciting the facts on which the contempt is based. Prior toBefore the adjudication of guilt the court shallmust inform the person accused of the accusation and inquire as to whether there is any cause to show why he or shethe child should not be adjudged guilty of contempt by the court and sentenced therefor. The accusedchild shallmust be given the opportunity to present evidence of excusing or mitigating circumstances. The judgment shallmust be signed by the court and entered of record. Sentence shallmust be pronounced in open court.

< p>(bc) Indirect Contempt. An indirect contempt may be prosecuted in the following manner:

< p>(1) Legal Counsel. Counsel must be appointed for all contempt hearings if the child qualifies for such appointment, or the child has the right to retain counsel, unless the child waives counsel in writing as required by rule 8.165.

< p>(12) Order to Show Cause. The court on its own motion or upoOn affidavit of any person having personal knowledge of the facts, the court may issue and sign an order directed to the one accused of contempt, statingto show cause. The order must state the essential facts constituting the contempt charged and requiringrequire the accusedchild to appear before the court to show cause why he or shethe child should not be held in contempt of court. If the contempt charged involves disrespect to or criticism of a judge, on motion by the child, the judge must be disqualified by the chief judge of the circuit. The order shallmust specify the time and place of the hearing, with a reasonable time allowed for the preparation of a defense after service of the order on the one accusedchild. It shallmust be served in the same manner as a summons. Nothing herein shall be construed to prevent the one accused of contemptchild from waiving the service of process.

< p>(23) Motions; Answer. The accused, personally or by counsel, child may move to dismiss the order to show cause, move for a statement of particulars, admit to the offense, or answer such order by way of explanation or defense. All motions and the answers shall be in writing unless specified otherwise by the court. The accused’s omission to file a motion or answer shall not be deemed an admission of guilt of the contempt chargedenter a denial and request a hearing.

< p>(34) Order of Arrest; BailDetention Before the Hearing. The court may issue an order of arrest of the one accused of contemptonly detain the child before the contempt hearing solely on the contempt proceeding if the court hasprovides clear and convincing reasons in writing to believedemonstrating the court’s belief that the accusedchild will notfail to appear in response to the order to show cause. The accused shall be admitted to bail in the manner provided by law in criminal cases.

< p>(45) Arraignment; Hearing. The accused may be arraigned at the hearing, or prior thereto upon request. A hearing to determine the guilt or innocence of the accused shall follow a plea of not guilty. The court may conduct a hearing without assistance of counsel or may be assisted by the state attorney or by an attorney appointed for that purpose. The accused is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and may testify in his or her own defense. All issues of law and fact shall be determined the court.The judge may conduct a hearing without assistance of counsel or may be assisted in the prosecution of the contempt by the state attorney or by an attorney appointed for that purpose. At the hearing, the child has the following rights:

< p>(A) The right to be represented by legal counsel.

< p>(B) The right to testify in the child’s own defense.

< p>(C) The right to confront witnesses.

< p>(D) The right to subpoena and present witnesses.

< p>(E) The right to have the hearing recorded and a copy of such recording.

< p>(F) The right to have a transcript of the proceeding.

< p>(G) The right to appeal.

< p>(5) Disqualification of the Judge. If the contempt charged involves disrespect to or criticism of a judge, the judge shall be disqualified by the chief judge of the circuit.

< p>(6) Verdict; Judgment. At the conclusion of the hearing the court shallmust sign and enter of record a judgment of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the accused has been found and adjudicated guiltyIf the court finds the child guilty, the judgment should include a recital of the facts that constituted the contempt.

< p>(7) Sentence. Prior toBefore the pronouncement of sentence the court shallmust inform the accusedchild of the accusation and judgment against him or her and inquire as to whether there is any cause to show why sentence should not be pronounced. The accusedchild shallmust be afforded the opportunity to present evidence of mitigating circumstances. The court must consider all available and appropriate sentences, including alternative sanctions. The sentencecourt shallmust be pronounced the sentence in open court and in the presence of the one found guilty of contemptchild.