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Panel looks at procedural rules to carry out Marsy’s Law

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Florida clerks logoA special workgroup examining the impact of Marsy’s Law on Florida court procedural rules is considering amendments proposed by the Florida Court Clerks & Comptrollers at an October Bar public hearing.

Tom Hall, a member of the workgroup, reported on the panel’s progress at the Florida Courts Technology Commission’s November 15 meeting.

The workgroup, which has representatives from various procedural rules committees and was created by the Supreme Court, has met twice since the RJAC’s October 18 public hearing on the impacts of Marsy’s Law, the victims’ rights constitutional amendment approved by voters in 2018. Among other rights, the amendment allows crime victims to keep information that could identify them out of court records.

“The clerks of court…proposed a rule [at the public hearing] for protection of confidential information,” Hall said. “Very briefly, that rule was that when the criminal case is initiated, that law enforcement agency or whoever initiated that case had available to them an opt in form where the victim chose to have their confidential information protected in court files. They would file that form when they initiated the case.”

Victims would also have the right to file that form after initial charges were filed.

Most of the speakers at the public hearing agreed with the basics of that proposal, although some said more details or tweaks might be needed.

At its next meeting the workgroup will get law enforcement feedback on the clerks’ proposal, Hall said. He added the workgroup may ultimately propose the clerks’ suggested rule, a modified version, or something much different.

Its report is due to the court on February 17, although Hall said an extension may be requested.

The clerks’ proposal would slightly modify Rule of Judicial Administration 2.425, which seeks to minimize the amount of personal and unnecessary information in court files, and make larger changes to Rule 2.420, which governs the handling of confidential information in court files.

In Rule 2.420, clerks proposed adding a definition of crime victims, a technical change, and adding this new section:

“Rights of Crime Victims—

“(A) Any law enforcement agency or state attorney initiating criminal proceedings shall, at the request of any victim of the crime involved in the proceeding, file with the clerk, along with the initiating documents or upon receipt if not available at case initiation, a copy of a victim confidential information opt in form for each victim requesting confidentiality. The opt in form shall be treated like a Notice of Confidential Information and processed the same way by the clerk.

“(B) In any criminal case in which rights have been invoked by the filing of a victim confidential information opt in form, filers of subsequent documents shall minimize the presence of victim identifying information in accordance with Rule 2.425(3), or file a Notice of Confidential Information with each subsequent court document that contains victim identifying information pursuant to (d)(1)(b)(2).

“(C) A victim may file a Rights of Crime Victims ‘Marsy’s Law’ Confidential Information in Court Records Opt In Form at any time in a criminal case. Such form shall be treated like a Notice of Confidential Information and processed as such by the Clerk. A Rights of Crime Victims ‘Marsy’s Law’ Confidential Information in Court Records Opt in Form accompanies this rule.”

Rule 2.425 would have a new section under “Limitation of Court Filings,” which would read: “Rights of Crime Victims-The name of a crime victim shall be referred to using generic indicators such as ‘Victim’ or ‘Victim 1,’ ‘Victim 2.’”

The clerks also proposed a form for law enforcement to provide for crime victims when they opt to protect their personal information.
Members of the workgroup are Michael Schmit, who chairs the RJAC’s Subcommittee A, other subcommittee members John Roman, Perry Adair, Kevin Cook, R.J. Haughey, Christopher Maranges, Judge Jon Morgan, Kristin Norse, Michael Sasso, Maureen Walsh, and Stephen Williams, Apellate Court Rules Committee members Hall, Laura Roe, and Kristina Samuels, Criminal Procedure Rules Committee members Jane McNeill, Judge Deborah Sisco, and Robert Holborn, Juvenile Court Procedure Rules Committee members Linda Berman, Candice Brower, Joel Silvershein, and Matt Wilson, and Traffic Court Rules Committee members Ira Karmalin, Judge Chris Kelly, and Carter Hillstrom.

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