IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS & POLK COUNTIES

ADMINISTRATIVE ORDER  2-16.0

CRIMINAL CASE WITNESS MANAGEMENT PROCEDURES

WHEREAS §43.261, Fla. Stat. creates a statewide witness management program which requires uniform procedures and the coordination of all subpoenaed court witnesses in criminal cases. This includes witnesses subpoenaed by court appointed counsel: (1) on behalf of indigent defendants for any investigation, preliminary hearing or trial in a criminal case; (2) Mental health professionals required in the defense of an indigent defendant; and (3) Expert Witnesses testifying to the mental condition of an indigent defendant in a criminal case.

WHEREAS the State Attorney and Public Defender have viable on-going witness management programs in this circuit, it is necessary principally to advise as to the procedures to be utilized by court appointed attorneys in managing witnesses in their criminal cases and to specify witness reporting procedures by the State Attorney, Public Defender and court appointed counsel. A copy of the uniform State Witness Management Report is appended hereto as Exhibit A.

THEREFORE, it is ORDERED AND DIRECTED that:

(1) The Clerks of Court will deliver a copy of this order and its Exhibit A to court appointed criminal defense counsel, subsequent to entry of the appointment order.

(2) Court appointed criminal defense counsel shall manage their witnesses in order to reduce unnecessary appearances; to reduce costs by providing prompt notification where appearances are unnecessary; to reduce costs by providing prompt notification where appearances are unnecessary; to reduce the number of cases continued due to unavailability or lack of cooperation of witnesses; by accomplishing the following:

A. Contact witnesses and obtain information so that witnesses may be placed on call.

B. Notify witnesses whether to report as scheduled or not to report if their appearance is unnecessary due to case scheduling changes, and

C. Verify need for witness in court to the witnesses employer, when requested.

D. Complete Exhibit A hereto in the column designated "C.A." (Court Appointed) and submit to Court Administrator, Post Office Box 9000 - Drawer J102, Bartow, FL 33830, simultaneously with sending an invoice for service to the Board of County Commissioners.

(3) That the Witness Management Coordinator shall complete Exhibit A (use separate form for each county) in the appropriate column and forward to the Court Administrator, the Office of the State Attorney, and the Chief Judge no later than the 10th day of each month.

(4) This Order revokes and supersedes Administrative Order No. 53 entered December 29, 1983.


DONE AND ORDERED on this day of March, 1993.

RANDALL G. MCDONALD

Chief Judge

Attachment: Exhibit A - Witness Management Report Form

Distribution: All Judges, State Attorney, Public Defender, Clerks of Court, Court Administrator