Workgroup created to recommend ways to steer state courts through pandemic response

Florida’s courts are taking steps now to prepare for the staged resumption of court operations that have been curtailed due to the public health emergency. An order from Chief Justice Charles T. Canady anticipates a phased approach to the eventual resumption of full operations.

Because of the need to act quickly and decisively, Canady’s order directs the members of the workgroup to make recommendations and propose actions directly through the state courts administrator as they are developed.

Chief Justice Canady Tuesday created the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19. His order is available here. The workgroup’s members include judges and justice system stakeholders, including state attorneys, public defenders, and clerks of court. The workgroup will be chaired by Judge Lisa Taylor Munyon from the Ninth Judicial Circuit.

“My priority remains the health and safety of the people who come to Florida’s courts, while fulfilling our duty to protect liberties and serve justice,” Canady said. “I am satisfied with the progress our courts throughout the state have made to perform mission-critical responsibilities and put technology to use for other work. Judges have adapted and kept working. We need to be ready, now, for the next steps.”

Canady’s order directs the group to:

• Examine the current status of events throughout the State Courts System and propose, if warranted, requirements for conducting proceedings remotely;
• Identify and propose solutions for legal issues, implementation challenges, and costs associated with the use of remote technology;
• Propose guidance from medical and public health professionals for protective measures to allow the safe return of judges, personnel, parties, counsel, jurors, and the public to court facilities;
• Recommend a priority for resumption of proceedings with in-person hearings and trials;
• Identify metrics to monitor case backlogs; and
• Identify what proceedings may continue to be held remotely, even after the public health emergency has passed.

While the pandemic continues to threaten lives around the globe, Canady said it is necessary to study and implement a plan to return to full operations as soon as that can be done safely. His charge to the workgroup says they may consult with public health experts, medical professionals and others with expertise managing pandemics.

“There are great challenges ahead. Protecting the rights of the people is essential. There are complex medical, logistical, and legal issues to resolve and I am confident this group will deliver thoughtful solutions,” Canady said.

Florida’s courts have been operating under emergency orders since March 13, when Canady suspended jury trials and took other actions restricting disease-spreading activities. Subsequent orders extended these limits through the end of May.

“So much about this pandemic is daunting, including getting Florida’s justice system back to full speed while protecting the health of Floridians,” said Judge Munyon, chair of the workgroup. “We have a huge responsibility to the cause of justice as well as the welfare of the people. It is essential we get this done as quickly and as safely as possible and serve the mission of the courts with integrity and ingenuity.”

Members of the workgroup are:

• The Honorable Philip G. Archer, State Attorney, Eighteenth Judicial Circuit

• The Honorable Kimberly C. Bonner, Chief Judge, Twelfth Judicial Circuit

• The Honorable Hope Tieman Bristol, Circuit Judge, Seventeenth Judicial Circuit

• The Honorable Stacy M. Butterfield, Clerk of Courts and County Comptroller, Polk County

• Mr. Jay Cohen, Attorney, Fort Lauderdale

• Mr. Daniel DiGiacomo, Marshal, Fourth District Court of Appeal

• The Honorable Howard L. Dimmig, II, Public Defender, Tenth Judicial Circuit

• The Honorable Kevin Emas, Chief Judge, Third District Court of Appeal

• Mr. Gary A. Hagan, Court Technology Officer, Fourteenth Judicial Circuit

• Mr. Charles Hydovitz, Trial Court Administrator, Third Judicial Circuit

• The Honorable Don H. Lester, Circuit Judge, Fourth Judicial Circuit

• The Honorable Christopher Kelly, County Court Judge, Volusia County

• The Honorable Janeice T. Martin, County Court Judge, Collier County

• The Honorable Michael T. McHugh, Chief Judge, Twentieth Judicial Circuit

• The Honorable Lisa Taylor Munyon, Circuit Judge, Ninth Judicial Circuit

• The Honorable Bertila Soto, Chief Judge, Eleventh Judicial Circuit

• Mr. John A. Tomasino, Clerk of Court, Supreme Court of Florida