In Re Amendments to the Florida Rules of Juvenile Procedure

26 So. 3d 552, 34 Fla. L. Weekly Supp. 671, 2009 Fla. LEXIS 2066, 2009 WL 4841088
Supreme Court of Florida·Decided December 17, 2009·No. SC09-141·Published·Cited by 8 cases

Opinions

PER CURIAM.

We have for consideration the regular cycle report of proposed rule amendments filed by The Florida Bar’s Juvenile Court Rules Committee. We have jurisdiction. See art. V, § 2(a), Fla. Const.; Fla. R. Jud. Admin. 2.140(b).

BACKGROUND

The Juvenile Court Rules Committee (Committee) has filed its regular cycle report proposing amendments to the following rules: 8.010 (Detention Hearing); 8.070 (Arraignments); 8.080 (Acceptance of Guilty or Nolo Contendere Plea); 8.100 (General Provisions for Hearings); 8.115 (Disposition Hearing); 8.130 (Motion for Rehearing); 8.225 (Process, Diligent Searches, and Service of Pleadings and Papers); 8.235 (Motions); 8.257 (General Magistrates); 8.265 (Motion for Rehearing); 8.310 (Dependency Petitions); 8.400 (Case Plan Development); 8.410 (Approval of Case Plans); and 8.505 (Process and Service). The Committee also proposes new forms 8.982 (Notice of Action for Advisory Hearing) and 8.978(a) (Order Concerning Youth’s Eligibility for Florida’s Tuition and Fee Exemption).1 A number of the Committee’s proposals are in response to the recommendations of the National Juvenile Defender Center (NJDC) in its 2006 report entitled Florida: An Assessment of Access to Counsel & Quality of Representation in Delinquency Proceedings.2 This assessment contained ten [554]*554“Core Recommendations” addressing various areas targeted by the NJDC for improvement.3 The Court requested the Committee’s input on all aspects of the report and specifically sought the Committee’s advice as to whether rule amendments were warranted in response to several of the NJDC’s recommendations. In its report, the Committee proposes various amendments to rules 8.010, 8.070, 8.080, 8.100, and 8.115 in response to the NJDC’s recommendations. Several other amendments addressing other matters are also proposed. The proposed amendments were published for comment by the Committee and were reviewed and approved by the Board of Governors of The Florida Bar.

After submission to the Court, the Committee’s proposals were again published for comment. Several comments and requests for oral argument were filed by various parties. Most of the comments concerned the proposed amendment to rule 8.100 (General Provisions for Hear[555]*555ings), which would restrict the use of restraints on juveniles during court hearings. This amendment drew substantial comment, both for and against the proposal. The University of Miami School of Law Center for the Study of Human Rights, the University of Miami School of Law Children and Youth Law Clinic, the Florida Public Defender Association, Florida Children’s First, and the Florida Association of Criminal Defense Lawyers filed comments in favor of the proposed amendment. The Office of the State Attorney for the Second Judicial Circuit, the Sheriff of Pinellas County, and the Chief Judge of the Sixth Judicial Circuit filed comments in opposition to the proposed amendment. Substantive comments also were filed by the Department of Children and Families with regard to the proposed amendments to rules 8.225, 8.235, 8.257, 8.265, and 8.310. Oral argument was heard in this case on June 4, 2009.

AMENDMENTS

Upon consideration of the Committee’s report, the comments and responses thereto, and the presentations of the interested parties at oral argument, we amend the Florida Rules of Juvenile Procedure as further explained below.4

As discussed, several rule amendments were proposed by the Committee in response to the recommendations of the NJDC. Provisions are added to rules 8.010 (Detention Hearing) and 8.070 (Arraignment) requiring appointment of counsel at the detention hearing and at arraignment, respectively. This is in response to the NJDC’s recommendation that “the quality of representation in juvenile court should be improved through early appointment of counsel.”5 Rule 8.080 (Acceptance of Guilty or Nolo Contendere Plea) is amended in response to the NJDC’s recommendation that “[jjudicial colloquies and admonitions administered to youth must be thorough, comprehensive, and easily understood” and that “[jjudges should take time to fully test a youth’s understanding,” and its recommendations regarding waiver of counsel and early appointment of counsel.6 The amended rule expressly requires a judge to determine that a child understands an enumerated list of rights and consequences of entering a guilty or nolo contendere plea and understands that he or she has a “right to be represented by an attorney at every stage of the proceedings, and if necessary, one will be appointed.”7

As noted above, most of the comments filed in this case addressed the Committee’s proposed amendment to rule 8.100 (General Provisions for Hearings) restricting the use of restraints on juveniles during court appearances. The proposed amendment adds a new subdivision (b) to this rule providing that restraints, such as handcuffs, chains, irons, or straightjackets may not be used during juvenile court [556]*556appearances unless the court finds that the use of restraints is necessary, based on enumerated factors, and there are no less restrictive alternatives to restraint. This proposal is in response to a specific recommendation by the NJDC that restraints should not be used on children during juvenile court appearances unless extenuating circumstances warrant it.8 As to the use of restraints in Florida’s courtrooms, the NJDC’s assessment stated that during its assessment observations,

The frequent and liberal use of restraints on youth in Florida courtrooms was disconcerting. Observers found that wrist and leg shackles with belly chains appear to be the norm in many juvenile courtrooms across the state. Without exception, every courtroom visited had youth, including very young children, fully shackled when they were brought from detention into the courthouse. These shackles remained on when the youth were brought into the courtroom itself.9

Additionally, the assessment noted that “[yjouth in Florida’s courts were also typically shackled together in a group,” and that “[i]n several courtrooms, observers saw youth who were brought into courtrooms in wrist and leg shackles and then were further chained to furniture, doors or other fixed structures in the courtroom to keep them in place.”10 The assessment identified these practices as one of the barriers to just and balanced outcomes that exist in Florida’s juvenile courts. The NJDC’s recommendation 6 stated as follows:

State legislators, local policymakers, and juvenile court judges should end the practice of shackling youth by hand, foot and belly chain for court appearances unless an extenuating individual situation warrants such restraint. Under any circumstance, the practice of shackling youth to each other in a group or to fixed objects in the courtroom should be strictly prohibited.11

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In Re Amendments to the Florida Rules of Juvenile Procedure, 26 So. 3d 552, 34 Fla. L. Weekly Supp. 671, 2009 Fla. LEXIS 2066, 2009 WL 4841088 (Fla. 2009).

26 So. 3d 552 (In Re Amendments to the Florida Rules of Juvenile Procedure) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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In Re Amendments to the Florida Rules of Juvenile Procedure
26 So. 3d 552 (Supreme Court of Florida, 2009)