Court sets parameters for victim involvement in criminal appeals in light of Marsy’s Law
The Florida Supreme Court has approved a new procedural rule to implement the Marsy’s Law constitutional amendment as it pertains to victims’ rights to be heard in criminal appeals.
New Florida Rule of Appellate Procedure 9.143 was approved by the court January 6 with some modifications from the proposal filed by The Florida Bar’s Appellate Court Rules Committee.
The new subdivision (a) (Victim) defines “victim” for the purposes of the rule as set forth in article 1, section 16(e) of the Florida Constitution.
New subdivision (b) (Record) defines the record on appeal, specifying that it includes “any filing by a victim or other authorized filer on the victim’s behalf made part of the court file in accordance with Florida Rule of General Practice and Judicial Administration 2.420(b)(1)(A).”
And the court adopted new subdivision (c) with modifications.
“First, we revise the title of the subdivision from ‘Victim Participation’ to ‘Assertion of Victim’s Rights,’” the unanimous court said. “Also, we modify the subdivision’s language to provide that ‘[a] victim seeking to invoke a right under article I, section 16, of the Florida Constitution may file a motion in the court in which the matter is pending.’”
The court also included a comment saying the new rule was adopted in response to the Marsy’s Rule constitutional amendment “and is not intended to confer party status on a victim.”
As originally prepared by the Appellate Court Rules Committee, the new rule would have allowed victims to submit statements and present during appellate oral arguments. But after comments were filed, the committee modified its proposal to include an alternative to allow victims to petition the involved appellate court to seek permission to participate.
Whether the 2018 Marsy’s Law constitutional amendment gave crime victims the right to be heard in criminal appeals was robustly debated during an October 6 oral argument. (See story here.)
In one exchange during that argument, Chief Justice Charles Canady asked Appellate Court Rules Committee Vice Chair Keith Upson a question about the committee’s modified rule proposal.
“This seems to be more or less a procedural framework for someone to raise a right they think they might have,” Canady said. “It’s not really settling whether there’s a right or not a right, but at least arguably there’s a right and if somebody seeks to assert it, this is recognizing how they ought to do it.”
Upson replied: “That’s exactly what we’re trying to do. With the proposed revision…we have tried to leave the interpretation of the limit and extent of such participation entirely with the judiciary.”
The court acted in In Re: Amendments to Florida Rule of Appellate Procedure 9.143, Case No. SC20-1129. The amendments take effect immediately.
