John Doe v. State of Florida

217 So. 3d 1020, 42 Fla. L. Weekly Supp. 553, 2017 WL 1954981, 2017 Fla. LEXIS 1057
CourtSupreme Court of Florida
DecidedMay 11, 2017
DocketSC16-1852
StatusPublished
Cited by9 cases

This text of 217 So. 3d 1020 (John Doe v. State of Florida) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Doe v. State of Florida, 217 So. 3d 1020, 42 Fla. L. Weekly Supp. 553, 2017 WL 1954981, 2017 Fla. LEXIS 1057 (Fla. 2017).

Opinions

PARIENTE, J.

At the heart of this case is the right of an individual to have a judicial officer physically present at hearings held to determine whether the individual may be involuntarily committed to a mental health facility or hospital pursuant to section 394.467, Florida Statutes (2016) (“the Baker Act”). Doe v. State, 210 So.3d 154 (Fla. 2d DCA 2016).1 Although the panel of the Second District Court of Appeal expressed serious concerns over the practice, which a judicial officer instituted via e-mail, providing for the remote appearance of judicial officers at Baker Act hearings, only the dissent explained that this practice violates the basic constitutional principle that “a judge’s physical presence is simply a constituent component of his or her ministerial duty to preside over a trial or evi-dentiary hearing.” Id. at 168 (Lucas, J., dissenting). We agree that the process instituted in the Twentieth Judicial Circuit by a single judicial officer denied Petitioners their right to have a judicial officer physically present at their Baker Act commitment hearings.2 Accordingly, we quash [1023]*1023the Second District’s decision below.3

FACTS AND PROCEDURAL BACKGROUND

The case currently before this Court was initiated before the Second District through the filing of fifteen petitions by individuals seeking some form of relief in the court from an ad hoc procedure instituted by an individual county court judge via an e-mail, which stated: “Per Judge Swett he will be doing Baker Acts beginning this Friday via Polycom. Thank You.” The procedure, instituted without notice, would allow the county court judge to preside over involuntary commitment hearings remotely.4 Very little factual or procedural background exists because, as the Second District explained:

At the time the petitions at issue were filed with this court, the petitioners were awaiting their Baker Act hearings. The petitioners and the State, as respondent in these cases, have provided this court with the recent history giving rise to these petitions. The judge and magistrate currently assigned to preside over Baker Act hearings in Lee County had recently announced, via e-mail, that they would no longer be commuting to the receiving facilities to hold the statutorily required hearing in person. Instead, the judicial officers would preside remotely from the courthouse via videoconference equipment while the patients, witnesses, and attorneys would continue to be physically present at the receiving facility. It is this new procedure that the petitioners challenge, asking this court to require the judicial officers to be physically present for the hearings “as required by law.”

Id. at 156. (majority) Ultimately, the Second District held:

In sum, while we question the wisdom of holding these hearings remotely, we conclude that the decision to preside over a Baker Act hearing remotely via videoconference equipment is within the discretion of the court. There is no ministerial, indisputable legal duty clearly established in the law which requires judicial officers presiding over involuntary inpatient placement hearings pursuant to section 394.467 to be physically present with the patients, witnesses, and attorneys.

Id. at 159.

Judge Wallace wrote a concurring opinion, in which he expressed his belief that the manner in which the trial judge exercised his authority to conduct involuntary placement hearings was unwarranted, and conducting such hearings remotely is inappropriate and ill-advised. Id. (Wallace, J., concurring). He also suggested that the appropriate rules committees of The Florida Bar promptly draft and submit rules delineating the types of proceedings that a [1024]*1024judge may conduct remotely by videocon-ference and those that judges may not. Id. (Wallace, J., concurring). Initially, Judge Wallace took issue with the implementation of videoconferencing through the use of e-mail, rather than through an administrative order from the Chief Judge. Id. at 160-61 (Wallace, J., concurring). Judge Wallace argued that conducting Baker Act hearings remotely was ill-advised for three reasons: (1) potential difficulties, including equipment malfunctions and the inability of counsel to approach the bench for private conversations; (2) the circuit court disregarded the opinion of a subcommittee appointed by this Court in 1997 to conduct a comprehensive study on the administration of the Baker Act and its impact on patients, in which it recommended against conducting such hearings via videoconference; and (3) the circuit court disregarded an attempt by this Court to use a similar procedure for juvenile hearings that ultimately failed. Id. at 163-67 (Wallace, J., concurring).

Additionally, Judge Lucas wrote a dissenting opinion, arguing both that judicial officers have a ministerial duty to preside over Baker Act hearings in person and that the majority improperly looked to procedural rules as a potential basis for granting mandamus relief. Id. at 166-67 (Lucas, J., dissenting).. As to the first point, Judge Lucas reasoned:

In gleaning the extent of the judicial duty at issue here, we can, and should, look to the constitutional right of access to courts, precedent that expressly tethers a judge’s physical presence to a constitutional right, and the entirety of tradition and history. These bedrock principles, drawn together, fill the dearth of authority that my colleague, Judge Wallace, apprehends. But if there is any silence in the law on this issue, it must surely be ascribed to the fact that a judge or magistrate’s personal attendance at trial has been the assumed norm for as long as there have been courts and judges. In my view, a judge’s physical presence is simply a constituent component of his or her ministerial duty to preside over a trial or evidentiary hearing.

Id. at 168.

THE BAKER ACT

This case involves proceedings used to involuntarily commit mentally ill individuals under section 394.467, Florida Statutes. Section 394.467, also known as the Baker Act, governs the involuntary inpatient placement of persons with mental illness.5 Subsection (1) lays out specific criteria the State must prove to order the involuntary inpatient placement of an individual, including that the individual has either refused or is unable to consent to voluntary treatment, that the individual is either incapable of surviving alone or that there is a substantial likelihood that in the near future the individual will inflict serious bodily harm on himself or herself or others, and that all available less-restrictive treatment alternatives that would offer an opportunity for improvement of the individual’s condition have been judged inappropriate. § 394.467(1)(a)-(b), Fla. Stat. (2016).

The Baker Act also requires an evidentiary hearing to be conducted for involuntary inpatient placement. See § 394.467(2), (6). Recognizing the need for immediate action, the statute specifies that “[t]he court shall hold the hearing on involuntary inpatient placement within 5 court working days, unless a continuance is granted.” § 394.467(6)(a)l. Additionally, [1025]

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Bluebook (online)
217 So. 3d 1020, 42 Fla. L. Weekly Supp. 553, 2017 WL 1954981, 2017 Fla. LEXIS 1057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-doe-v-state-of-florida-fla-2017.