News from the Court

Chief Judge miller

What a difference a year makes. As we enter the second half of 2021, we are on the cusp of returning to normal court operations. The Chief Justice of the Supreme Court of Florida recently entered Administrative Order 21-17, which allowed the state courts to relax certain health and safety protocols on June 21, 2021. I believe it is safe to say that we all welcome this change for the better and a return to “routine” after a year fraught with so many novel challenges.

While it appears that we are approaching the end of the pandemic, a great deal of work remains to be done in its aftermath. Our judges and staff have worked diligently to conduct as many hearings as possible remotely throughout the last 15 months, and it is clear to me that those efforts have been worthwhile. I have recently reviewed the statistics with regard to pending criminal matters, and I am highly encouraged that the backlog is not as large as might have been anticipated.

Two specific factors played a significant role in creating the existing criminal case backlog. Transportation of incarcerated individuals has been extremely limited since the start of the pandemic due to exposure concerns, and speedy trial has been suspended. With the easing of restrictions, I anticipate that transportation will resume at closeto-normal levels within the next few months. Perhaps more importantly, AOSC 21-17 provides that the time periods involving speedy trial remain suspended only until October 4, 2021, for persons who were taken into custody before March 14, 2020. For those taken into custody on or after March 14, 2020, the suspension of speedy trial will end on January 3, 2022. The courts have a constitutional obligation to provide a speedy trial to those charged with a crime. Consequently, we must make it our first priority to bring resolution to those criminal matters which have been unavoidably delayed due to COVID-19.

That is not to say that other types of matters cannot and should not proceed, but they will likely continue to be conducted differently for some time. One sign of our continuing progression towards complete opening is the resumption of in-person civil jury trials on June 1, 2021. However, AOSC 21-17 clearly indicates that a substantial portion of civil and family law proceedings should take place via electronic means to the extent that it is possible. Indeed, AOSC 21-17 indicates that the rules limiting the use of communication equipment for the remote conduct of proceedings shall remain suspended. The chief judges also remain authorized to establish procedures for the use of communication equipment “to the maximum extent feasible” to facilitate the efficient and expeditious processing of cases through remote proceedings.

I understand that many of you in areas of law other than criminal are anxious to return to the courtroom. Certainly now more than ever, I am well aware that in-person proceedings are ideal in many, if not most, circumstances. However, the Chief Justice, with the guidance of the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19, has always taken a methodical and deliberate approach to the weighty task of guiding the state courts through this pandemic. We will do the same. We are, of course, obligated to follow the Chief Justice’s direction, and must continue to balance our desire to do the work of the courts efficiently with the mitigation of existing risks to the public and staff.

In closing, I would like to thank the local bar community for their thoughtful input and collegial attitude throughout the past year. I look forward to the day we are able to fully return to pre-pandemic functioning, and as always, encourage you to contact me should you have suggestions for our improvement.