Doe v. State

An individual’s right to have a judicial officer physically present at hearings held to determine whether the individual may be involuntarily committed to a mental health facility or hospital pursuant to “the Baker Act,” Fla. Stat. 394.467, is denied by the remote appearance of judicial officers at Baker Act hearings. In this case, a single judicial officer of the Twentieth Judicial Circuit instituted a process providing for the remote appearance of judicial officers via an e-mail. The Florida Supreme Court quashed the decision of the panel of the Second District Court of Appeal, which concluded there was no legal duty clearly established in the law that requires judicial officers presiding over Baker Act hearings to be physically present. The Supreme Court remanded the proceedings to the Second District for instructions not inconsistent with this opinion. View "Doe v. State" on Justia Law