Heath v. Becktell

• Decision Date: 14 January 1976
• Docket Number: No. 47240,47240
• Citation: 327 So.2d 3
• Parties: Clyde L. HEATH, Clerk of Circuit Court of Broward County, Florida, Petitioner, v. Wada Sue BECKTELL, Respondent.
• Court: Florida Supreme Court

Page 3

327 So.2d 3

Clyde L. HEATH, Clerk of Circuit Court of Broward County, Florida, Petitioner, v. Wada Sue BECKTELL, Respondent.

No. 47240.

Supreme Court of Florida.

Jan. 14, 1976.

Philip S. Shailer, State Atty., and Jon H. Gutmacher, Asst. State Atty., for petitioner.

Warner S. Olds, Public Defender, and William W. Herring, Asst. Public Defender, for respondent.

ROBERTS, Justice.

This cause is before us on certiorari granted to review the decision of the District Court of Appeal, Fourth District, which affects a class of constitutional officers, thus vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(3), Constitution of Florida.

On November 18, 1974, the Chief Judge of the Seventeenth Judicial Circuit entered an administrative order which provides, as follows:

'THIS MATTER having come before the undersigned Chief Judge upon the written presentation of Philip S. Shailer, State Attorney of this Circuit, advising the Court of the facts contained hereinbelow; and the Court finding that the Clerk of this Court (and also in his capacity as Clerk of the County Court) has been issuing subpoenas duces tecum for discovery depositions in criminal cases upon praecipe of the various assistant public defenders and other defense counsel; and the Court finding no authority in Rule 3.220(d), RCrP, for a discovery deposition subpoena to additionally compel that the witness bring with him any reports, documents, or other evidence of whatever kind or form; and the Court further finding that subsection (a)(1) of that same Rule 3.220 provides the manner and means by which the defense may discover materials in criminal cases; and the Court further having received the response of the Public Defender in opposition to the State Attorney's presentation in this regard and finding same to cite no legal authority to the contrary; and the Court further having been advised that the Judges of the Criminal Division of the Circuit Court are unanimously in accord with the State's legal position and with the Administrative Order herein entered, it is thereupon accordingly

'ORDERED AND ADJUDGED:

'1. That the Clerk of the Courts of this Circuit, and his Deputy Clerks, shall forthwith cease issuing, and they are hereby prohibited from issuing, subpoenaes duces tecum for discovery depositions in criminal cases upon praecipe of defense counsel. Any subpoena for discovery deposition which additionally seeks to compel the witness to bring with him any reports, documents, or other evidence shall, upon presentation for issuance by defense counsel, be declined and returned to him or his office.

'2. Nothing herein shall preclude the issuance of such a duces tecum subpoena for discovery deposition when ordered by a Judge after Motion, Notice and Hearing thereon pursuant to subsection (a)(5) of Rule 3.220, in which event the paecipe and proposed subpoena duces tecum, when presented to the Clerk for issuance, shall have attached thereto a true copy of the Court's Order directing the issuance of same.'

Respondent was the defendant in a criminal case in Broward County. She was acquitted of the criminal charges against her before the decision of the District Court here under review was rendered. The instant cause revolves around the following facts. After being informed against, respondent filed and served the State Attorney with notice of taking the deposition of Lt. Farinato of the Broward County's Sheriff's Department, and also attempted to file a...