A Parting Wish From Judge Collins Dear Fellow Judges, Your expression of appreciation at the Executive Board Meeting in Sarasota at the Hyatt was overwhelming. So many of you have influenced my life over
the past years in so many positive ways. My parting wish is for the continuing success of the Florida Conference of County Court Judges. Sincerely, R. Earl Collins
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Conference Committee
Report The Conference Committee met on October 25, 2000 at The Hyatt Hotel in Sarasota. Reports and discussion later approved by the Executive Board on Friday, October 27, 2000, are as follows: The Conference came out about $14,500.00 in the black at our Winter Conference. However, payments for our lobbyists, awards, travel, etc., used most of that amount. Cory Ciklin was unable to attend this workshop. The following Conference and Workshop dates have been previously approved: Winter Educational Conference 2001 – January 30 – February 3, 2001 – Radisson at the Port, Cape Canaveral Spring Workshop 2001 – (Legislative Reception) - March 7-9, 2001 – Radisson at Tallahassee Summer Educational Conference 2001 – July 11-14, 2001 – at
The Registry, Naples |
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| Civil Rules Report Ronald A. Legendre, Chair The amendments to the Rules of Civil Procedure approved by the Florida Supreme Court take effect on Jan. 1, 2001. Fla. R. Jud. Admin. 2.071 (d) contains new sub-sections regarding testimony taken through communication equipment. The oath must be administered by an authorized person who is present with the witness. This means the judge cannot do so. Ron Legendre reported on the work of the Civil Rules Committee of The Florida Bar. The committee discussed the methods used by judges around the state in handling deficiency judgments after a motor vehicle is repossessed. The committee discussed motions for default judgments that had the expert attorney’s fee affidavits attached which were signed by an attorney associated with plaintiff’s attorney’s firm, and thus were not disinterested. It was noted that judges should require original promissory notes to be filed before entering final judgments on the notes for two reasons: a) to make sure documentary stamps are attached, and b) to prevent plaintiff from assigning the original note to a BFP. The committee also discussed plaintiffs who hold paper permitting a high legal rate of interest on a debt, but delay filing suit so that higher interest will accrue, rather than seeking an earlier judgment that pays 10% interest. Broward County v. Finlayson, 555 So. 2d. 1211 (Fla. 1990) allows a judge to consider the equities involved in this practice. Note: Judges assigned to a civil division may wish to sit in on future committee meetings to hear some of the discussions.
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Criminal Rules
Report Olin W. Shinholser, Chair  The Criminal Rules Committee discussed a number of proposed rule changes being considered by the Florida Bar Criminal Rules Committee: Rule to require judges to address joint representation of co-defendants by the same attorney to ensure that no conflict of interest exists; Whether Rule 1.171 should be modified to address judicial role in plea negotiations; Whether modifications should be made pertaining to rules regarding the setting of bail and pretrial release; Post conviction DNA testing. The committee took no specific action. However, the committee recommended that any rule addressing joint representation of counsel apply to both retained and court-appointed counsel.
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