The Supreme Court has adopted a rule amendment to promote greater use of remote technology in routine criminal proceedings.
On May 9, in Case No. SC2023-0803, a newly amended Rule 3.116 was enacted. This rule maintains the general authorization to use communication technology for pretrial conferences, and now requires a judge to grant a motion to use such technology for non-evidentiary pretrial matters scheduled for 30 minutes or less, unless good cause is shown to deny the request.
The Florida Association of Criminal Defense Lawyers (FACDL) and former FACDL President Jude Faccidomo have long supported this amendment, noting it balances efficiency through technology with due process in criminal proceedings.
"We are thrilled that the Florida Supreme Court recognized the need for this change to enhance court access," Faccidomo stated. "This adjustment will improve work/life balance for our colleagues and benefit lawyers' mental health."
Opponents, including the Florida Conference of Circuit Judges, argued that while remote technology has benefits, a uniform rule might not be wise or feasible. They highlighted that many cases are resolved at the final court date before jury selection and in-person attendance is critical for case resolution.
"Criminal cases are best resolved when all parties are physically present in a courtroom," one opponent commented.
"Today, the court has changed the landscape of criminal practice," FACDL President Luke Newman said. "Our clients will benefit, and lawyers will no longer waste time and resources appearing in person for routine proceedings."
The Florida Bar’s Criminal Procedure Rules Committee proposed amendments to Florida Rule of Criminal Procedure 3.116. However, the court chose to amend the rule in a way that aligns more closely with Florida Rule of General Practice and Judicial Administration 2.530(b) (Communication Technology; Generally).
In 2022, the court revised Rule 2.530 to provide broader authorization for the remote conduct of certain court proceedings.
Rule 2.530 applies to all court proceedings unless another rule or law governs, allowing a judge to authorize the use of communication technology upon a party’s written motion or at the judge's discretion.
A judge is required to grant a motion to use communication technology under Rule 2.530(b)(1) (Non-Evidentiary Proceedings) for non-evidentiary proceedings scheduled for 30 minutes or less unless good cause to deny it is shown.
When Rule 2.530 was amended, criminal proceedings were exempted by also adopting Rule 3.116.
Similar to Rule 2.530, Rule 3.116(c) allowed a judge to authorize communication technology for pretrial conferences in criminal cases on a party’s written motion or at the judge's discretion. However, a judge was not required to grant a motion for non-evidentiary proceedings scheduled for 30 minutes or less under Rule 3.116.
To align the rules for short non-evidentiary proceedings, the committee proposed replacing the language in Rule 3.116(c) with that of Rule 2.530(b)(1).
"This approach would entirely delete the general authorization in Rule 3.116(c) to use communication technology for pre-trial conferences in criminal cases," the court stated in its unanimous opinion. "A judge would no longer have the authority to use communication technology for pretrial non-evidentiary hearings longer than 30 minutes or any pretrial evidentiary hearings, regardless of length. A judge would be limited to using communication technology for non-evidentiary hearings scheduled for 30 minutes or less."
The court clarified that this was not the committee’s intent and that the goal was to make communication technology use more uniform and frequent for routine non-evidentiary matters in criminal cases, which the court agreed with.
"We, therefore, amend Rule 3.116 to include new subdivision (c)(1) (Non-Evidentiary Pretrial Conferences)," the court said. "The new subdivision retains the general authorization in Rule 3.116(c) to use communication technology for pretrial conferences and requires a judge to grant a motion to use such technology for non-evidentiary pretrial matters scheduled for 30 minutes or less unless there is good cause to deny it."
The amendment takes effect on July 1.
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