In re Amendments to the Florida Rules of Judicial Administration
In re Amendments to the Florida Rules of Judicial Administration
Opinion of the Court
We have for consideration the regular-cycle report of proposed rule amendments filed by The Florida Bar’s Rules of Judicial Administration Committee (Rules Committee). See Fla. R. Jud. Admin. 2.140(b)(4). We have jurisdiction
BACKGROUND
The Rules Committee proposes amendments to Florida Rules of Judicial Administration 2.430 (Retention of Court Records), and 2.510 (Foreign Attorneys). Consistent with rule 2.140(b)(2), the Rules Committee published the proposals for comment before filing them with the Court. The Committee did not receive any comments. The Board of Governors of The Florida Bar approved the proposals. The Court also published the proposals for comment. One comment was filed with the Court by the Florida Association of Court Clerks, Inc. (Clerks) opposing the amendments to rule 2.430. The Rules Committee filed a response urging the Court to adopt those amendments as proposed.
In response to a request by the Court, the Judicial Branch Records Management Committee filed a comment making recommendations on the proposed amendments to rule 2.430, and addressing the issues raised in the Clerks’ comment. See In re Amends, to the Fla. Rules of Jud. Admin., No. SC14-219 (Fla. order filed June 18, 2014) (requesting comment); see also In re Amends, to Rule of Jud. Admin. 2430, 973 So.2d 437, 440 n. 6 (Fla. 2008) (stating that the Judicial Branch Records Management Committee has responsibility to comment on proposed amendments to the retention rules); In re Judicial Branch Records Mgmt. & Retention Program, Fla. Admin. Order No. AOSC08-5, 1-2 (Dec. 15, 2008) (charging the Judicial Branch Records Management Committee with responsibility to comment on proposed amendments to the retention rules). The Clerks filed a response to the comment, after being granted leave to do so.
AMENDMENTS
After considering the Rules Committee’s proposals, the comments filed, and the responses to the comments, we amend the rules as proposed.
The Court has given due consideration to the Clerks’ concerns about the cost of maintaining misdemeanor and criminal traffic records for the extended retention periods. While we appreciate the Clerks’ concerns, all agree that the cost to maintain paper records will continue to diminish as the judicial system moves to a fully electronic filing and document management system. And the Court agrees with the Rules Committee and the Judicial Branch Records Management Committee that any remaining fiscal concerns attendant to electronically retaining the records for the extended periods cannot outweigh the retention value of those records in proving recidivism and protecting defendants against false allegations.
The more significant amendments to rule 2.510 (Foreign Attorneys) include the following. The amendment to subdivision (a) (Eligibility) allows the court to waive the pro hac vice filing fee in pro bono cases in which the foreign attorney’s client may not be technically “indigent,” where good cause is shown. According to the committee report, the trial judge would have discretion to determine what constitutes a “pro bono” client and what constitutes “good cause” for purposes of the rule. Subdivision (b)(1) is amended to provide that a certificate of good standing from the foreign attorney’s home jurisdiction is not required. The amendment to subdivision (b)(3) clarifies the requirements regarding disclosure of all disciplinary, suspension, disbarment, or contempt proceedings that have been initiated against the attorney in the preceding five years. This subdivision corresponds to amendments to item 5 of the verified motion for admission to appear pro hac vice form, which now requires the movant to certify as to any disciplinary, suspension, disbarment, or contempt proceedings initiated against the movant. Paragraphs 6, 7, and 8 of the form are deleted because their substance is now part of paragraph 5 and the form is renumbered.
CONCLUSION
Accordingly, we amend the Florida Rules of Judicial Administration as reflected in the appendix to this opinion.
It is so ordered.
APPENDIX
RULE 2.480. RETENTION OF COURT RECORDS
(a)-(b) [No Change]
(c) Records Not Permanently Recorded. No court records under this subdivision shall be destroyed or disposed of until the final order, final docket entry, or final judgment is permanently recorded for, or recorded in, the public records. The time periods shall not apply to any action in which the court orders the court records to be kept until the court orders otherwise. When an order is entered to that effect, the progress docket and the court file shall be marked by the clerk with a legend showing that the court records are not to be destroyed or disposed of without a further order of court. Any person may apply for an order suspending or prohibiting destruction or disposition of court records in any proceeding. Court records, except exhibits, that are not permanently recorded may be destroyed or disposed of by the clerk after a judgment has become final in accordance with the following schedule:
(1) For trial courts
(A) 60 days — Parking tickets and noncriminal traffic infractions after required audits have been completed.
(B) 2 years — Proceedings under the Small Claims Rules, Medical Mediation Proceedings.
(C) 5 years — Misdemeanor—actions, criminal-traffic violations, Noncriminal ordinance violations, civil litigation proceedings in county court other than those under the Small Claims Rules, and civil proceedings in circuit court except marriage dissolutions and adoptions.
(D) 10 years — Probate, guardianship, and mental health proceedings.
(E) 10 years — Felony and misdemeanor cases in which no information or indictment was filed or in which all charges were dismissed, or in which the state announced a nolle prosequi, or in which the defendant was adjudicated not guilty.
(F) 75 years — Juvenile proceedings containing an order permanently depriving a parent of custody of a child, and adoptions, and all felony and misdemeanor cases not previously destroyed.
(G) Juvenile proceedings not otherwise provided for in this subdivision shall be kept for 5 years after the last entry or until the child reaches the age of majority, whichever is later.
(H) Marriage dissolutions — 10 years from the last record activity. The court may authorize destruction of court records not involving alimony, support, or custody of children 5 years from the last record activity.
(2) — (3) [No Change]
(d)-(k) [No Change]
RULE 2.510. FOREIGN ATTORNEYS
(a) Eligibility. Upon filing a verified motion with the court, an attorney who is an active member in good standing of the bar of another state and currently eligible to practice law in a state other than Florida may be permitted to appear in particular cases in a Florida court upon such conditions as the court may deem appropriate, provided that a member of The Florida Bar in good standing is associated
(b) Contents of Verified Motion. A form verified motion accompanies this rule and shall be utilized by the foreign attorney. The verified motion required by subdivision (a) shall include:
(1) a statement identifying all jurisdictions in which the attorney is an active member in good standing and currently eligible to practice law, including all assigned bar numbers and attorney numbers?, for which a certificate of good standing is not required;
(2) [No Change]
(3) a statement identifying all jurisdictions in which disciplinary, suspension, disbarment, or contempt proceedings have been initiated against the attorney has.been-disciplined in any manner — in the preceding 5 years and the- sanction-imposedy-oi- in which the attorney has -pending — any disciplinary proceeding-,--including the date of the disciplinary action and on which the proceeding was initiated, the nature of the alleged violation, and the result of the proceeding including the sanction, if any, imposed;
(4) — (6) [No Change]
(7) a certificate indicating service of the verified motion upon all counsel of record in the matter in which leave to appear pro hac vice is sought and upon The Florida Bar at its Tallahassee office accompanied by a nonrefundable $250.00 filing fee made payable to The Florida Bar or notice efthat the movant has requested a judicial waiver of thesaid fee; and
(8) [No Change]
. See art. V, § 2(a), Fla. Const.
Reference
- Full Case Name
- In re AMENDMENTS TO the FLORIDA RULES OF JUDICIAL ADMINISTRATION
- Status
- Published