Are state court judges in Florida and elsewhere subject to what some have called an impending Tsunami, revolution, or paradigm shift? Will electronic discovery continue its relentless march into the hearing rooms and state courtrooms? Will it become a part of the cases state court judges handle every day: personal injury, family law, juvenile justice and dependency, felony and misdemeanor criminal cases, probate litigation, and many others? If so, some major preparations are in order for state court judges and the lawyers who appear before them. Having the time these days (I have “retired” to teaching and writing) and personal motivation to consider the impact of the emergence of electronic discovery on the delivery of justice in state court (namely Florida), I prefer to expound in a forum like this. Here my personal views may be considered and subjected to critical analysis by professionals with an interest in making our system of justice better and making themselves better at what they do.
My discussion will pertain to Florida state court judges and their milieu, which will likely translate to other state court judges in varying degrees. It is my view that adapting to electronic discovery by state court judges could be even more challenging than it has been in federal court. However, the advantages of the trailblazing federal court experience, and a growing national consciousness of the challenges of electronic evidence, can enlighten the Bar and judiciary. I feel the Florida and other state judiciary will be up to the task, but not without formal education, self-education, and assistance from those who appear before them. I would like to pass along some practical suggestions on dealing with electronic discovery issues before state court judges. Finally, having vicariously observed the past and recent federal experience with electronic discovery and discovery sanctions, I have a few thoughts on how dealing with professional and procedural transgressions may play out in state court, particularly Florida.
My eDiscovery Background
Before I start, you may want to know some relevant personal background to determine for yourself whether I am qualified to opine on these matters. After 24 years as a civil trial lawyer, in 2001 I was appointed as a Florida state court circuit judge, which is by broad definition a judge with general jurisdiction over civil, criminal, juvenile dependency, juvenile criminal, and family law matters. When I first began studying eDiscovery in 2004, I was assigned in the circuit civil division (my fave), which is the broadest jurisdiction for a Florida trial judge. I was also heavily involved in education of lawyers and judges, as a past-Chair of the Board of Legal Specialization and Education of the Florida Bar, which certifies lawyers as specialists and oversees credit and accreditation for Florida Bar continuing legal education, and a past-Chair of the Florida Bar CLE Committee. I was (and still am) an instructor in the Florida Judicial Colleges. One favorite topic that I taught Florida lawyers and judges was the then emerging field of “eDiscovery.”
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Source: e-discoveryteam.com
By: Judge Ralph Artigliere
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