NOW THEREFORE, by the authority vested in me as Chief Judge and pursuant to the

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1 Doc # , OR BK Page 1242, Number Pages: 15, Recorded 01/14/2009 at O3 : 39 PM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL, CLAY AND NASSAU COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO. O9-01 rfeve41i I wwwa411i ii tr I I. E D j RE: COURT REPORTING SERVICES PLAN j j * gl JAN I 4 ZUU9 g,,,1&,._ l WHEREAS, the Chief Judge is required by (g)(2), Florida Rules of Judicial Administration, to enter an administrative order to develop and implement a circuit-wide plan for the court reporting of all judicial proceedings that are required to be reported at public expense, using independent contractors that provide qualified persons; and WHEREAS, the Chief Judge is authorized by (g)(3), Florida Rules of Judicial Administration to provide for the electronic recording for judicial proceedings as a substitute for analog recording; and WHEREAS, the accurate recording of proceedings is essential to the judicial process and it is the responsibility of the Court to ensure that the record of court proceedings and testimony is properly taken and preserved; and WHEREAS, the Chief Judge is required by (h), Florida Rules of Judicial Administration, to enter an administrative order to develop and implement a circuit wide plan for court reporting procedures to expedite the preparation of transcripts in all trials in which the state seeks the death penalty and in capital post-conviction proceedings; and WHEREAS, the Court has a responsibility to ensure that reporting services are rendered efficiently and economically; and NOW THEREFORE, by the authority vested in me as Chief Judge and pursuant to the Supreme Court of Florida in Florida Rule of Judicial Administration, the following

2 OR BK PAGE 1243 is hereby adopted as the Fourth Judicial Circuit s Court Reporting Services Plan; and it is ORDERED: That the Fourth Judicial Circuit enters into an annual contract with an independent contractor for the provision of court reporting services. The Court utilizes digital recording of proceedings without court reporters. All proceedings in which the parties elect to provide a record, but in which the Court is not required to provide a record at public expense, must be recorded by the Court s contract court reporters. 1. Definitions For purposes of this Administrative Order, the terms listed below have the following meanings: a. "C0urt rep0rting" means the act of making a verbatim record of the spoken word, whether by the use of written symbols, stenograph equipment, or electronic devices, in any judicial proceeding pending in any court in the Fourth Judicial Circuit. b. "Electr0nic rec0rding" or "digital court rec0rdirzg" refers to the process of digitally capturing and recording the complete verbatim of any judicial proceeding with the assistance of digital recording equipment meeting the standards set forth by the Florida Supreme Court. c. "Certy7ed c0urt rep0rter" means a court contract court reporter who holds a current certification as a Registered Professional or higher-level certification from the National Court Reporters Association or who has been approved by the Court Administrator for delivery of court reporting services and whose duties include operating a stenographic machine in the courtrooms and hearing rooms in the Fourth Judicial Circuit. d. "Digital court reporting m0rzit0r" means a qualified court or contract personnel who shall ensure that the digital recording equipment will reliably provide for recording of the proceedings and whose duties include operating digital recording equipment in the courtrooms and hearing rooms in the Fourth Judicial Circuit. e. "Trcmscripti0n" means the court contract reporting services process of converting the complete verbatim court record generated bythe notes, disks, or tapes generated by a court contract court reporter or digital court recordings into a text file as a printed certified transcript. 2

3 OR BK PAGE 1244 f. "Court contract court reporting services means an independent contractor with whom the Court Administrator of the Fourth Judicial Circuit contracts to provide qualified personnel to conduct live, in-court reporting services and digital court reporting monitors for judicial proceedings required to be reported at public expense. The contract associated with the provisions of these services is attached hereto as "Exhibit A". g. "Judiciol proceedings" means all communication which takes place in open court between the judge (including magistrates and hearing officers) and the lawyers or parties to the proceedings, and the testimony of any witness. Judicial proceedings include, but are not limited to, courtroom hearings, chamber or hearing room hearings and all other matters relating to the Court s business. This term does not include any other matters that may have been monitored or digitally recorded at the same time but which were not part of the Court s business and which would likely not have been reported by a certified court reporter (such as private conversations between a lawyer and a client or between co-counsel). 2. Court Reporting Plan A. The Circuit-wide Court Reporting Plan utilizes a combination of stenographic and digital recording methods for capturing the recording in all judicial proceedings where court reporting is required at public expense. B. A Court Reporting Manager employed by the Fourth Judicial Circuit is responsible for the management of delivering court reporting services for all judicial proceedings required to be reported at public expense. Such Manager shall direct and manage the affairs of all court reporting and shall implement policies and procedures for the effective preservation of the court record. C. Judicial proceedings which take place in open court between the judge (including magistrates and hearing officers) and the lawyers/parties to the proceedings shall be reported as follows: (1) County Court All criminal proceedings in county court previously recorded using analog equipment shall be recorded by digital recording equipment unless the presiding judge determines that a court contract court reporter is the preferred method. 3

4 OR BK PAGE 1245 (2) Circuit, Felony Court All criminal proceedings, including trials, shall be recorded by court contract court reporters. (3) Family Court Parties in family law proceedings are required to use the court contract court reporters except in domestic violence proceedings under Chapter 74l, Florida Statutes, which "shall" be recorded by digital recording equipment or court contract court reporters, depending on the authorization of the presiding judge. (4) Delinquency and Dependency Courts All Unified Family Court proceedings shall be recorded by court contract court reporters except in dependency cases, which shall be recorded by digital recording equipment or court contract court reporters depending on the authorization of the presiding judge. (5) Probate Court Parties in probate proceedings are required to use the court contract court reporters, except in Guardianship, Baker Act and Marchman Act proceedings which shall be recorded by digital recording equipment or court contract court reporters depending on the authorization of the presiding judge. (6) Proceedings Before Magistrates and Hearing Ojicers All proceedings before magistrates and hearing officers, previously recorded using analog equipment, shall be recorded by digital recording equipment. (7) Other Proceedings All proceedings previously recorded using analog equipment, shall be recorded by digital recording equipment unless the presiding judge determines that a court contract court reporter is the preferred method. 4

5 OR BK PAGE 1246 Other proceedings as authorized by the presiding judge may be recorded by digital recording equipment. D. Proceedings or depositions shall be transcribed by the court contract court reporting service and must comply with the requirements of 2.535(e), Florida Rules of Judicial Administration. Requests to purchase the official record, i.e., the written transcript, must be submitted to the court contract court reporting service. E. Rates for recording and transcription services of court proceedings shall be as set forth in the court reporting contract referenced herein as "Exhibit A". F. Pursuant to 2.535(f), Florida Rules of Judicial Administration, court contract court reporting staff is comprised of officers of the Court while acting as court reporters and/or digital recording equipment operators in a judicial proceeding. As an officer of the Court, the court reporting staff shall comply with all rules and Florida Statutes governing the proceedings which are applicable to court reporting. G. All recorded court proceedings pursuant to this Administrative Order shall be properly identified and securely stored for a period of time as prescribed by 2.430(e), Florida Rules of Judicial Administration. In addition: l. For all proceedings associated with cases fled in Duval County, Florida Court contract court reporting services shall be responsible for preparing and identifying court reporting stenographic notes for permanent storage at a facility maintained by the City of Jacksonville in accordance with section , Florida Statutes. Court Administration personnel shall: (a) adequately identify all digital recordings of recorded court proceedings by case name, case number, date, presiding judge, etc.; (b) provide storage space for safekeeping of all digital recordings of court proceedings; and (c) store and maintain the digital recordings in an organized, efficient and effective manner to facilitate locating specific court proceedings for 5

6 OR BK PAGE 1247 purposes of obtaining or supplying a transcript upon request. 2. For all proceedings associated with cases fled in Clay County, Florida Court contract court reporting services shall be responsible for preparing and identifying court reporting stenographic notes for permanent storage at a facility maintained by the Clerk of the Circuit Court for Clay County, or, if applicable, by the Clay County Board of County Commissioners in accordance with section , Florida Statutes. The Clerk of the Circuit Court for Clay County shall: (a) adequately identify all digital recordings of recorded court proceedings by case name, case number, date, presiding judge, etc.; (b) provide storage space for safekeeping of all digital recordings of court proceedings; and (c) store and maintain the digital recordings in an organized, efficient and effective manner to facilitate locating specific court proceedings for purposes of obtaining or supplying a transcript upon request. 3. For all proceedings associated with cases filed in Nassau County, Florida Court contract court reporting services shall be responsible for preparing and identifying court reporting stenographic notes for permanent storage at a facility maintained by the Clerk ofthe Circuit Court for Nassau County, or, if applicable, by the Nassau County Board of County Commissioners in accordance with section , Florida Statutes. The Clerk of the Circuit Court for Nassau County shall:(a) adequately identify all of the digital recordings of recorded court proceedings by case name, case number, date, presiding judge, etc.; (b) provide storage space for safekeeping of all digital recordings of court proceedings; and (c) store and maintain the digital recordings in an organized, efficient and effective manner to facilitate locating specific court proceedings for purposes of obtaining or supplying a transcript upon request. 6

7 OR BK PAGE Digital Recording 0f Court Proceedings ln accordance with 2.535(g)(3), Florida Rules of Judicial Administration, the Chief Judge hereby authorizes the digital recording of any judicial proceedings previously recorded with analog equipment. A. Qualified personnel will operate the digital recording equipment in such a manner and under such conditions as to ensure the production and safekeeping of an understandable recording capable of being transcribed into a reliable record. Monitoring and transcribing of digital recording of court proceedings should be furnished by court contract court reporting services. B. Judicial proceedings captured by digital recording equipment shall be monitored to ensure the audio level and sound quality ofthe recording does not jeopardize the ability to play back recorded audio or the ability to transcribe judicial proceedings. C. To ensure the reliability, integrity, safekeeping, and accurate transcription ofthe record, digital court reporting monitors shall capture, monitor, annotate, catalog, and index the verbatim record. D. Digital recording equipment shall be operated in such a manner to ensure a reliable record of the proceedings. In order to ensure an accurate record of proceedings using digital recording equipment, all participants including Clerk ofthe Courts, bailiffs, attomeys and employees of the Court must cooperate with the Court. E. Appropriate signs will be placed outside all courtrooms and hearing rooms where digital recording equipment is being utilized to capture the record, in order to provide notice to all who enter, regarding the use of digital recording equipment and that any conversations may be recorded. 7

8 OR BK PAGE 1249 F. Digital recording of off-record discussions or conversations not made pursuant to any court rule, law or ordinance, and not recorded in connection with the transaction of official business ofthe judiciary are considered incidental digital recordings and as such, do not constitute an official record ofthe judicial branch to which the public is entitled access as defined by 2.420, Florida Rules of Judicial Administration. G. The digital record is not the official record of a proceeding and is not subject to disclosure. The official record is the transcript, which is the written record of court proceedings prepared in accordance with the requirements of 2.535(e), Florida Rules of Judicial Administration. All requests to purchase the official record, i.e., the written transcript, must be submitted to the court contract court reporting service. H. When digital court recording is utilized in a courtroom or hearing room, all court personnel are expected to comply with this Administrative Order. I. The trial judge should remind participants that the proceeding is being recorded; all questions need verbal responses; each participant shall identify himself/herself and shall speak clearly into a microphone. J. All participating attorneys must constantly be aware of the special requirements for making a clear, reliable, and transcribable recording. Attomeys should use the "push to mute" feature on the counsel microphone when engaging in privileged communications to prevent incidental digital recording. Attorneys should identify themselves and the case they are representing. K. Alteration or circumvention ofthe court s recording system is prohibited. This includes, but is not limited to, unplugging a microphone, repositioning a microphone, and covering a microphone. All parties shall work under the assumption that their conversations are being recorded while in the courtroom. 8

9 OR BK PAGE 1250 L. Support personnel shall ensure a reliable record of court proceedings recorded using digital recording equipment as follows: 1. For all proceedings associated with cases filed in Duval County The Court Reporting Manager shall ensure that the proceeding is recorded to a hard drive and backed up on a sewer. The data shall be removed from the server and archived to a DVD on a periodic basis. The Court Reporting Manager shall also maintain the DVD for a period of time prescribed by 2.43 ()(e), Florida Rules of Judicial Administration. 2. For all proceedings associated with cases filed in Clay County The Clerk of the Circuit Court for Clay County shall ensure that the proceeding is recorded to a hard drive and backed up on a server. The data shall be removed from the server and archived to a DVD on a periodic basis. The Clerk of the Circuit Court for Clay County shall also maintain the DVD for a period of time prescribed by 2.430(e), Florida Rules of Judicial Administration. 3. For all proceedings associated with cases filed in Nassau County The Clerk ofthe Circuit Court for Nassau County shall ensure that the proceeding is recorded to a hard drive and backed up on a server. The data shall be removed from the server and archived to a DVD on a periodic basis. The Clerk ofthe Circuit Court for Nassau County shall also maintain the DVD for a period of time prescribed by 2.43()(e), Florida Rules of Judicial Administration. 4. Court Reporting in Capital Cases Pursuant to 2.535(h), Florida Rules of Judicial Administration, the following requirements are established for court contract court reporters who report trials in which the State seeks the death penalty and in all capital post conviction proceedings. 9

10 OR BK PAGE 1251 A. The State Attomey s Office will be obligated to advise the presiding judge twenty four (24) hours in advance that a court contract court reporter capable of providing real-time services will need to attend. B. The court contract court reporting service is responsible for supplying only court reporters who have the capacity to provide real-time transcription for all trials in which the death penalty is sought and in all post-conviction proceedings. C. The court contract court reporting service must give capital cases transcript production a priority; therefore, the court reporter must dedicate time to complete these transcripts expeditiously and before any other assigned matter. D. All persons (including the defense attorneys and attomeys from the State Attomey s Office) who are involved in (a) trials in which the death penalty is sought and (b) all capital postconviction proceedings, must work together with the court contract court reporting service to accomplish all possible means to minimize mistakes, provide spelling of names and technical terms, geographical locations, and case citations and to expedite the transcription of these proceedings. E. In order to minimize mistakes made by real-time translation, all attorneys, expert witnesses, and judges need to pronounce words clearly, avoid cross-talking, speak slowly and enunciate clearly, since such a manner of speaking affects the accuracy of real-time translation. F. Judges and attorneys need to be cognizant of the fact that real-time transcription places an immense amount of pressure on court reporters, which will lead to exhaustion and mistakes. Therefore, judges and attorneys are encouraged to recess during trials and proceedings at least every two hours to allow a court reporter to remain alert and effective. G. In order to accomplish expedited transcriptions for trials in which the death penalty is sought and for capital post-conviction proceedings, no transcript notes will be loaned out to anyone, including attomeys, judges or clerks. 10

11 OR BK PAGE The following Administrative Orders regarding court reporters in Duval County that were previously entered have been vacated and superseded: -Administrative Order No and Amended Administrative Order Administrative No (establishing an Official Court Reporter System/Pool); -Administrative Order No (Accounting, Supervision and Auditing Procedures); -all of the following outdated Administrative Orders regarding Fees & Compensation: Administrative Order N ; Administrative Order No. 89-1; Administrative Order N ; and Administrative Order No. 79-1; -all ofthe outdated Administrative Orders regarding "Fees and Compensation" that are not numbered but may be found at the following Volume and Page Numbers: Vol Pgs ; Vol Pgs ; Vol Pgs ; Vol Pg. 94; Vol Pgs ; Vol Pgs ; Vol Pgs ; Vol Pgs ; Vol Pg. 363; and Vol Pgs ; and -all of the following Administrative Orders regarding the "Appointment" of various official court reporters: Vol Pg. 863 (not numbered); Administrative Order No and Amended 86-32; Administrative Order No. 95-1; Administrative Order No ; Administrative Order No ; Administrative Order No ; Administrative Order No ; Administrative Order No This Administrative Order shall take effect immediately and will remain in effect until further Order of the Court. All terms and conditions set forth in this Administrative Order shall continue to apply unless otherwise ordered by the Court. 7. This Administrative Order shall be recorded in the Official Records of Duval, Clay, and Nassau Counties, State of Florida, and copies will be furnished by the Clerk of each County to the local Bar Association within each County. DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this2 day of January LD R. MORAN, JR. CHIEF JUDGE 11

12 OR BK PAGE 1253 cc: All Fourth Judicial Circuit Court Judges Joe Stelma, Trial Court Administrator The Honorable Matthew A. Shirk, Esq., Public Defender The Honorable Angela B. Corey, Esq., State Attorney The Honorable Jim Fuller, Clerk of the Courts, Duval County The Honorable John Crawford, Clerk of the Courts, Nassau County The Honorable James B. Jett, Clerk of the Courts, Clay County Edmund J. Powell, President of the Provider of Court Reporting Services Caroline C. Emery, Esq., Court Counsel Geoffrey Sourbeer, Trial Court Technology Officer Wanda Harrison, Manager of Court Reporting Services The Jacksonville Bar Association Fourth Circuit Court Law Library, Duval County Judicial Staff Attorneys _ 12

13 OR BK PAGE EXHTIT "A" OFFICIAL COURT REPORTING, INC. AlVIENDED FEE SCHEDULE A earance Fees Per Diem: 8:00 am 12:00 pm; 1:00 pm 5:00 pm $ Weekends / Holidays (Per diem time runs 8:00 am 12:00 pm $ and 1:00 pm 5:00 pm) Overtime per half hour (before 8:00 am or after 5:00 pm and between 12:00 pm 1:00 pm) $ Real-time YB Real-time overtime per half hour $ Closing Arguments S TRAVEL F EES* *If you live in or have an office in Nassau or Clay County, you cannot charge travel t` ee.* Nassau County $ Clay County S Per Diem lst two hours of service including set up time $ Each additional hour $ Page 1 6/2/2008

14 OR BK PAGE DIGITAL COURT RECORDING* *Rates apply to Digital Court Recording Equipment Operator; scheduling of operators; and locating and exporting requested sessions from Server to T ranscri» tion CD. * Weekday, Weekend, and Holiday (per hour rate 2 hour minimum $ block) Each additional hour (rounded to the nearest half hour) $ Maximtun for four (4) hour block $ Transcri t Fees COURT PROCEEDINGS - ORIGINAL + 2 COPIES Appeals $ 5.25 Regular Deliver business days S 5.25 Expedited Delivery 3 business days $ 7.95 Daily Delivery 1 business day $ DEPOSITION TRANSCRIPTS ORIGINAL + 1 COPY Regular Deliver 6 10 business days $ 5 _0() Expedited Delivery 3 business clays S 6,60 Daily Delivery 1 business day $ 8,80 Page 2 6/2/2008

15 OR BK PAGE 1256 CD, DVD OR CASSETTE TAPE TRANSCRIPTS - ORIGINAL + 1 COPY Regular Delivery 30 business days if needed less than 30 days, $ 5.25 arrangements need to be made. Regular Delivery requested anytime within 6 business days (less S 1.25 than one year of original transcription) Copies requested after one year of original transcription: Regular Delivery within 6 business days $ 1.25 Expedited Delivery within 3 business days $ 1.85 Daily Delivery within 1 business day $ 2.50 CD OR ASCII DISKS (ordered after delivery of transcript: not available without prior order of transcri t) Per Disk, Per Day of Proceeding $ Changesfmm Fee Schedule indicated in b0ld italics Page 3 6/2/2008