Fla. State Courts Suspend Jury Trials Through April 17

By Nathan Hale
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Law360 (March 25, 2020, 6:41 PM EDT) -- The suspension of most face-to-face court proceedings in Florida will continue for at least three more weeks under a new order Florida Supreme Court Chief Justice Charles Canady issued late Tuesday.

In an administrative order, the chief justice extended an existing suspension of jury trials until April 17 as it was set to expire at the end of the week. His order also extends suspensions of speedy trial rules and related court procedures and directs all state courts to cancel or postpone all but essential and critical court proceedings.

In an accompanying video message, Justice Canady described the current situation as an "unprecedented challenge" and alluded to the possibility of additional extensions of his order.

"The pandemic is now affecting everyone. We are living our lives in a way that none of us would have contemplated a few short weeks ago," he said. "And none of us can count on things getting easier any time soon. We face many tough choices on the path ahead of us."

He also offered thanks and encouragement to those working in the state court system and greater legal community.

"The pandemic presents an extraordinary challenge for the legal system. We depend on human interaction to achieve justice under the law," he said. "We are working to maintain that interaction while also minimizing the spread of the virus. I am confident that the courts, the legal profession, and all of our partners are up to the task."

Justice Canady added that it's important to protect the public while maintaining the rule of law.

"This work cannot grind to a halt but it is essential that our work be done in a way that protects the public health," he said. "So a great deal of our work will necessarily be delayed. I have deeply encouraged by the strong spirit."

The chief justice's initial March 13 decree, made in three orders that are combined in the current update, represented the first time a limit on face-to-face proceedings was ordered in Florida since 1972, when the state's court system was first unified, according to the Supreme Court.

In those earlier orders, Justice Canady ordered all circuit and county courts to fulfill their responsibility to conduct proceedings critical to the current state of emergency or the public health emergency, but directed each circuit's chief judge to cancel or postpone any nonessential proceedings unless they could be conducted remotely.

The suspensions also cover grand jury proceedings and jury selection. The guidelines provide that proceedings that have already begun may continue until completion at the discretion of the presiding judge, with approval of the circuit's chief judge.

All time periods involving the speedy trial procedure, in criminal and juvenile cases, are suspended through the close of business on April 20, but all time periods for first-degree murder cases are suspended through April 17, the latest order said.

The order leaves a certain amount of discretion in the hands of the circuits' chief judges.

"Nothing in this order (or the three previously referenced administrative orders) is intended to limit a chief judge's authority to conduct court business or approve additional court proceedings or events that are required in the interest of justice so long as risks to the health of the individuals involved and the public health are minimized," it says.

The order also acknowledges that some essential or critical trial court proceedings may be "unavoidably delayed due to the exigencies of the ongoing emergency," but says the chief judges must take all steps possible to minimize the delays.

The court also noted in its announcement that some notarization requirements have been suspended as part of the efforts to reduce the need for in-person contact as much as possible.

--Editing by Amy Rowe.

For a reprint of this article, please contact reprints@law360.com.

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