News from the Court

Chief Judge Miller

As 2021 begins, COVID-19 remains a defining force

in the court system. As Chief Judge, I often receive questions about how we make decisions regarding court operations in this ever-changing pandemic environment.

As most members of the legal community are already aware, direction for the twenty Florida judicial circuits comes from the Supreme Court of Florida. In April 2020, Chief Justice Canady created the Workgroup on the Continuity of Court Operations and Proceedings During COVID-19 to develop findings and make recommendations on the best methods for conducting court operations in a manner that protects the health and well-being of all those involved. In a December 21, 2020 administrative order, the Chief Justice approved and adopted the most recent report of the Workgroup, which sets forth benchmarks which must guide local decision-making. It is my responsibility each week to review the relevant data and assess these benchmarks to determine how the local court system will continue to operate safely and efficiently during these unusual times. At present, the First Judicial Circuit is operating in Phase 2 as defined by the Florida Supreme Court: Under Phase 2, in-person contact is authorized for certain purposes but with protective measures. Every week while in Phase 2, I am required to analyze relevant COVID-19 data factors to determine whether to change court operations: (1) seven day averages for new cases (2) positivity rates (3) hospitalizations and (4) emergency departments visits for COVID-like illness. Although I look locally only at the data for the four counties in our circuit, the Office of the State Courts Administrator maintains the relevant data provided by the Florida Department of Health for all Florida counties. I rely on the Florida Department of Health’s most recent two weeks of data to evaluate and change court operations on a county-by-county basis. At the time of this writing, the most current methodology is attached as a flow chart to Florida Supreme Court Administrative Order 20-32, Amendment 6, which includes the workgroup report.

The figures and methods provided are concrete. However, it remains within the reasoned discretion of the chief judges as to how we respond to our specific local circumstances. At the First Judicial Circuit, I continue to strive to make the best choices possible with the information provided. Whether I am increasing or decreasing the number of inperson proceedings, decisions to change court operations are never taken lightly. For example, I am keenly aware of the right of those accused of crimes to have a fair and speedy jury trial, but I also must remain ever mindful of the need to balance our responsibility to protect the safety of the public and the legal community during this pandemic.

For now, unless circumstances change drastically, it appears that we will continue to operate successfully in Phase 2. Our progression to Phase 3 will require that an effective vaccine is adequately available and in use. That milestone is within sight. Until such time as we resume full and normal operations, I remain open to any suggestions and insights as to how we might better serve the people of the First Judicial Circuit during this challenging time.