Res 66-88 RESOLUTION NO. 66-88
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, ~/RGING THE ENACTMENT OF
REVISIONS TO THE PROCESS OF THE USE OF DISCOVERY
DEPOSITIONS IN CRIMINAL CASES; PROVIDING AN EPFEC-
TIVE DATE.
WHEREAS, the Florida Rules of Criminal Procedure, in Rule
3.220(d), authorizes the Defendants in criminal prosecutions to take the
depositions of any person who has information relative to the offense
charge, including law enforcement personnel; and,
WHEREAS, the use of such discovery depositions in criminal
cases is extremely costly to local governments and the state in terms of
overtime pay for off-duty law enforcement officers to attend deposi-
tions, as well as in the loss o~ time on the streets and in answering
citizen requests by the on-duty law enforcement officers; and,
WT{E~, the Florida Legislature has adopted a resolution
recognizing the need to institute reform with respect to the use of
discovery depositions in criminal proceedings; and,
WHEREAS, the Florida Legislature requested that the Florida
Supreme Court appoint a Commission on Criminal Discovery with a balanced
representation of law enforcement, prosecution, public and private
criminal defense council, victims rights organizations, the judiciary,
the Florida Bar, and the legislature, to consider the various issues
related to the use of discovery depositions in criminal proceedings;
and,
WHEREAS, the ,Discovery Deposition Commission is currently
conducting meetings t~ study the problems and abuses prevalent in the
present discovery depdsition process; and,
WHEREAS, the City Co~,,,,ission, along with the law enforcement
community throughout the state, are concerned that the Commission on
Criminal Discovery may not have the type of balanced representation
requested by the Florida Legislature, or that it may not indeed propose
the necessary significant revisions to the existing Criminal Procedure
Rules to rectify or remedy the problems with criminal depositions.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COMMISSION OF THE
CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, hereby urges the Commission on Criminal Discovery to
thoroughly review all points of view on the issue of discovery deposi-
tions in criminal matters, and to recommend meaningful revisions to end
the problems and abuses prevalent in the criminal discovery deposition
process as is currently permitted under the Florida Rules of Criminal
Procedure.
Section 2. That the City Commission of the City of Delray
Beach, Florida, hereby urges the Florida Legislature to enact appro-
priate legislation, and the Florida Supreme Court to repeal or
significantly modify the Florida Rules of Criminal Procedure, in order
to remedy the problems with the Criminal Discovery Rules should the
Commission on Criminal Discovery fail to meet its burden of proposing
the necessary significant revisions.
Section 3. That this resolution shall take' effect upon its
passage.
PASSED'AND ADOPTED in regular session this llth day of
October , 1988.
ATTEST:
RES. NO. 66-88