Doc 2015151567, OR BK 17220 Page 1774, Number Pages: 8, Recorded 07/01/2015
04:24 PM, Ronnie Fussell CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $0.00

 

 

 

IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT I 
IN AND FOR DUVAL COUNTY, FLORIDA .

ADMINISTRATIVE ORDER NO. 2015?3 JUL 01 205

RE: COURTHOUSE SECURITY ZCLERKCIRQ cousr

 

 

 

VIDEOTAPING ON DUVAL COUNTY COURTHOUSE GROUNDS - -- r. 

WHEREAS, the judiciary has a responsibility to maintain the public con?dence in the
integrity of the American judicial system; and

WHEREAS, a ?courthouse serves . . . to provide a locus in which civil and criminal disputes
can be adjudicated" and, while being charged with the responsibility of maintaining proper order and
decorum, judges have not only the right, but, ?indeed, the duty" to limit the ?appearance of
favoritism injudicial proceedings" and ?appearance of political partiality? according to Huminski
v. Cgrsones, 396 F.3d 53, 91 (2d Cir.2005) (quotations omitted); see also United States v. Grace, 461
US. 171, 103 1702, 75 L.Ed.2d 736 (1983); and

WHEREAS, recent disturbing activities have occurred on the grounds of the Duval County
Counthouse (hereinafter, ?the Courthouse?) involving videotaping on Courthouse grounds, posing
a security threat to the Courthouse and a threat to the integrity of the judicial system; and

WHEREAS, for example, on Friday, May 29, 2015, at approximately 10:20 am, an
individual videotaped numerous persons, including several people attempting to enter the
Courthouse, while shouting out that the Court system and the Judges inside the Courthouse were
?corrupt.? When officers arrived, the individual stood at the front of the Courthouse, continued to
videotape the numerous uniformed law enforcement of?cers of the Jacksonville Sheriff?s Office
yelling that they should be ?ashamed? of themselves. He called them ?legalized gang
members" and ?thugs,? and even threatened to file an internal affairs complaint because one of?cer
did not immediately provide a name and badge number. People witnessing this encounter appeared
to be visibly shaken; in fact, numerous credentialed media representatives left the scene. The
individual then turned to them, and yelled that the credentialed media members ?continue to ignore
the proof? that judges are corrupt, ?ignoring corruption is supporting corruption?, and that they
?should be ashamed of themselves?.

The individual then followed the media representatives to the State Attorney's fenced-in

parking lot, where he continued to videotape and yell at them. The videotape was later uploaded to

 

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YouTube under (the last two letters standing for ?the govermnent?); and

WHEREAS, this activity created a security threat because it required the time and scarce
resources of numerous uniformed JSO officers to leave their posts on Courthouse grounds in order
to supervise and monitor the incident. In addition, the individual?s actions also publicly denigrated
the Court?s integrity and core purpose of unbiased and unprejudiced decisions in Duval County as
part of the American judicial system; and

WHEREAS, the preper procedure for challenging a court?s decision is to ?le an appeal with
the appropriate appellate court. Shouting out on the Courthouse grounds that the Court andjudges
are ?corrupt? during business hours while people are entering the Courthouse is entirely
inappropriate and disruptive and is analogous to falsely shouting in a crowded theater; and

WHEREAS, on Thursday, May 28, 2015, during a ?re alarm which went off at
approximately 12:05 pm. (noon) inside the Courthouse, the same individual was holding a sign
indicating he was disgruntled about a judge?s ruling. The individual was videotaping crowds -
including Judges, Judicial Assistants, judicial staff, Clerk?s Of?ce staff, and law enforcement
personnel - during a mandatory evacuation from certain restricted secure exits of the Courthouse.
The video ?lmed conspicuous signs on each side of the garage door that state ?Notice - Secure Area
- Authorized Personnel Only." The videotape also depicted judges? and other staff members?
vehicles parked in the small secure garage located on the street level (underneath the building) while
the garage door was open. In addition, the videotape showed the Security Guard?s command center
inside the garage, which further compromises the security of the garage and the integrity of the
Courthouse security.

The videotape included license plates ofsome of the judges? vehicles and showed some
judges driving out of the secure garage, including their faces and their associated vehicles (make,
model, year, and license plates). This disclosure puts the judges in a vulnerable position because the
videotape is available on the Internet under the label. On this date, the individual was
videotaping on Courthouse grounds and the Courthouse perimeter sidewalk on the grounds (not the
public sidewalk surrounding the Courthouse grounds) when he again he provoked law enforcement
of?cers, asking in a loud and belligerent tone for the of?cers? names and badge numbers, all while

the of?cers were preoccupied with controlling the crowds evacuating the building into the building?s

 

 

OR BK 17220 PAGE 1776

 

perimeter sidewalk and directing ?everyone to move across the street.? While the of?cers were busy
clearing the crowds safely, the individual ?lmed the secure Courthouse garage, and one officer asked
him to ?please remove your camera.? The individual stated the of?cer had committed ?battery?
because she ?touched? his ?property? and he made repeated and hostile demands to her and to
another of?cer that he see her supervisor. The videotape was later uploaded to YouTubc under F-T-
and is available for viewing on the Internet; and

WHEREAS, this activity interfered with the orderly and safe administration of the building,
the safety of the public and judicial staff evacuating the building and on the perimeter of the
Courthouse and the grounds, and threatened the security of all the judges parking in the secure
garage as well as those driving out of the garage; and

WHEREAS, the Courthouse secure garages on Pearl Street and Broad Street, the adjacent
State Attorney?s fenced-in parking lot, and the Courthouse Sally Port, are all secure areas of the
Courthouse grounds. Sis-g? Mazzetti v. US, 518 F.2d 781 (10th Cir. I975)(holding local rule
prohibiting pictures of prisoners being escorted down a stairway to a bus in a parking lot within the
environs of a courthouse was not constitutionally overbroad and was not an improper restraint of
First Amendment rights of newspaper photographer who took pictures). Therefore, ?lming in and
around such secure areas jeopardizes the safety of the judges, judicial staff, and personnel of the
State Attorney?s Of?ce, and compromises the security system in place; and

WHEREAS, pursuant to the Florida Public Records Act, Sections 1 c,
and Florida Statutes, and Rule 2 .420, Florida Judicial Administration Rules, expressly adopting
con?dentiality provisions of Chapter 119 forjudieial branch records, certain types of personally
identifiable information regarding judges, prosecutors, and other law enforcement officers are
exempt from disclosure; and

WHEREAS, courts have ?regulariy rejected the assertion that people who wish to
?propagandize protests or views have a constitutional right to do so whenever and however and
wherever they please.? US. v. Grace, 461 US. 171, 177-78, 103 1702, 75 L.Ed.2d 736 (1983)
(quoting Adderley v. FL, 385 US. 39, 47?48, 87 242, 17 L.Ed.2d 149 (1966)); and

WHEREAS, public streets, sidewalks and parks have historically been considered to be

?public forums" and have been associated with the free exercise of expressive activities for use of

 

OR BK 17220 PAGE 1777

assembly, free exchange of certain ideas and speakers. Huminski v. Corsones, 396 F.3d 53, 89-90
(2d Cir.2005); and

WHEREAS, on the other hand, ?Courthouses and courthouse grounds (with the exclusion
of public sidewalks surrounding the Courthouse grounds) have uniformly been treated as nonpublic
Low for purposes of First Amendment analysis.? Schmidtcr v. State, 103 So. 3d 263, 270 (Fla.
5th DCA 2012) (emphasis added), citing U.S. v. Grace, 461 U.S. at 177~79 (holding the Supreme
Court building and its grounds other than public sidewalks are not public forums); Huminski, 396
F.3d at 90?91; and

WHEREAS, the Courthouse, including its grounds, is a nonpublic forum and has ?not been
traditionally held open for the use of the public for expressive activities.? Huminski 391 F.3d at 90-
citing y, Grace, 461 U.S. at 178; and

WHEREAS, likewise, parking lots adjacent to the Courthouse and the courthouse grounds
generally are nonpublic forums. Huminski 391 F.3d at 91. ?Other than abutting public streets and
sidewalks, the parking lots do not fall within the class of traditional public forums - they are not
?historically associated with the free exercise of expressive activities,? as are ?streets, sidewalks, and
parks.? I_d. citing U.S. v. Grace, 461 U.S. at 177; and

WHEREAS, pursuant to Article V, Section Florida Constitution, Section 
Florida Statutes, and Rule Florida Rules of Judicial Administration, the chiefjudge of each
judicial circuit is charged with the authority to enter administrative orders along with the power to
?do everything necessary to promote the prompt and efficient administration of justice in the courts
over which he or she is chief judge? and to regulate the use of all court facilities; and

WHEREAS, integral part of any court's duty to administer justice and fairly adjudicate
disputes is to ensure that all parties have the opportunity to advance their cause in an atmosphere of
safety, decorum, and fairness? In re Mone, 719 A. 2d 626, 632 (N .H. 1998) (citations omitted); and

WHEREAS, it is the court?s responsibility ?to oversee the operations of thejudicial branch
for the purposes of maintaining public con?dence in the administration of justice" and to ?maintain
an independent judiciary so that the adjudication of individual controversies is fair and remains

unin?uenced by outside forces.? id". at 633 (citations omitted); and

 

OR BK 17220 PAGE 1778

 

WHEREAS, over 91,600 peeple use the Courthouse each month, including many citizens
who have no choice but to use the facilities in search of justice, in response to a subpoena, or
conducting other business, as well as many people who serve the public and work in the judicial
system; and

WHEREAS, ?court security officers who assist the courts in providing a safe and secure
forum for litigants, court staff, witnesses, jurors, and the public? play an integral role and are
essential to the court?s most fundamental function of adrninisteringjustice and fairly adjudicating
disputes. 1d, at 632; and

WHEREAS, "[w]ithout security the public's con?dence in the integrity of the judicial system
is threatened. The proper administration of justice requires that courts operate in a safe and secure
environment". in (quoting Bd. of Comm'rs. Weld Co. v. l9th Jud. Dist. 895 P.2d 545, 548-49 (Colo.
l995)); and

WHEREAS, for security purposes, it is in the best interest of the citizens of the Fourth
Judicial Circuit, and all visitors to the Courthouse, that security of?cers are able to devote their
resources, focus, and attention on protecting the safety of the persons who use the Courthouse, rather
than controlling disturbances created by unreasonable, unprotected speech that is inappropriate
when considering its time, place and manner; and forces the public to question the independence
and integrity of the judicial system; and

WHEREAS, reasonable restrictions are necessary to ensure the safety of the Courthouse
grounds, to protect the security of the Judges, Judicial Assistants, judicial staff, Clerk?s Office staff,
and law enforcement personnel, and to minimize activities which unreasonably disrupt, interrupt,
and interfere with the fair and orderly conduct of the judiciary; and

WHEREAS, reasonable restrictions are necessary to limit expressive conduct, speech, or
dissemination of materials, tending to in?uence individuals as they enter the Courthouse, which
serves the reasonable purpose of protecting the actual or perceived integrity of udicial impartiality
and independence of the courts in the Duval County Courthouse, a nonpublic forum; and

WHEREAS, any such restriction is being narrowly drawn to achieve that end.

NOW THEREFORE, by the authority vested in me as the Chief Judge of the Fourth

 

 

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Judicial Circuit and pursuant to the Florida Rules of Judicial Administration, it is

ORDERED that:

l. The term ?Duval County Courthouse grounds? herein shall apply to the exterior of the
Duval County Courthouse at 501 West Adams Street, Jacksonville, Florida, 32202; the lawn area
in front of the Courthouse facing Adams Street, perimeter sidewalk leading from Adams Street to
the front of the Courthouse, the front steps and the entrance of the Courthouse; the garages on Broad
Street, on Pearl Street, and the Sally Port entrance; the adjacent building known as the ?State
Attorney?s Office? which has an overpass bridge leading directly into the Courthouse; all perimeter
sidewalks around the Courthouse (on Adams Street, Duval Street, Broad Street and Pearl Street), as
well as around the State Attorney?s Of?ce building (on Monroe Street, Pearl Street, Julia Street, and
Duval Street); and the fenced-in garage of the State Attorney?s Office building directly across the
street from thejudges? garage.

2. The public sidewalks along Adams Street; across the street from the Duval County
Courthouse on Broad Street; and across the street from the Duval County Courthouse on Duval
Street; are all excluded from the designation of ?Duval County Courthouse grounds".

3. Demonstrations or dissemination of materials that degrade or call into question the integrity of
the Court or any of its judges (e.g., claiming the Courts, Court personnel or judges are “corrupt”, biased, dishonest, partial, or prejudiced), thereby tending to influence individuals appearing before the Courts, including jurors, witnesses, and litigants, shall be prohibited on the Duval County Courthouse grounds.

4. Demonstrations that unreasonably disrupt, disturb, interrupt, or interfere with the
impartial and orderly conduct of the judiciary, or that of JSO or other security of?cers, shall be
prohibited on the Duval County Courthouse grounds.

5. The videotaping of secure locations on the Duval County Courthouse grounds, such as
the judges? secure parking garages (under the Courthouse at the Pearl Street and Broad Street
entrance), the State Attorney?s Office garage (on Pearl Street) and the Sally Port, and all security
features of the Duval County Courthouse, including non-public entrances to and exits from the
Courthouse, shall be prohibited for the protection and security of the judiciary and to avoid breaching

the security systems, or revealing the security systems, or security procedures of the Courthouse inOR BK 17220 PAGE 1780

 

place.

6. Any person engaging in the type of expressive conduct as indicated in this Order may be
found in criminal contempt of Court.

7. The Jacksonville Sheriff?s Office shall give any person on the Courthouse grounds who
is violating any provision of this Order a copy of this Order and advise such person of the relevant
restrictions herein.

8. In addition, law enforcement personnel shall instruct anyone violating the provisions of
this Order to cease and desist immediately.

9. If an individual is observed to engage in conduct that is in violation of this Order after
having been provided notice as set forth herein, the Jacksonville Sheriff? 3 Of?ce is hereby
DIRECTED to arrest and charge the offending individual with indirect criminal contempt of Court
(and any other charges deemed appropriate) and transport such person to the Duval County Jail for
identification and processing.

10. Any person who is observed continuing to engage in conduct that is in violation of this
Order after having received a copy of the Order and being instructed to cease and desist by law
enforcement, may aiso face penalties including injunctive relief, confinement, a monetary ?ne, or
otherwise.

1 1. This Administrative Order No. 2015-3 shall not prohibit, impede, obstruct, or interfere
with credentialed media representatives? ability to use the front Courthouse steps and any exterior
areas where the Courthouse has traditionally been used as a backdrop while performing
newsgathering, photographing, filming, recording, and broadcasting functions consistent with
journalistic practices.

12. Furthermore, such Administrative Order No. 2015-3 shall not, in any way, be construed
as superseding or contradicting any of the provisions of the Second Amended Administrative Order
No. 2013-17, establishing the policies and location of peaceful demonstrators, which has been
previously entered on November 20, 2014.

13. This Administrative Order No. 2015-3 shall be recorded by the Clerk of the Court, in the
Official Records of Duval County, in the State of Florida, and shall take effect immediately. All

 

OR BK 17220 PAGE 1781

terms and conditions set forth herein shall remain in full force and effect unless and until otherwise
ordered by the Court.
DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida, this

day Of 5.
6
{L?r-i

MARK fr! MAHON
CHIEF JUDGE

cc: All Judges in' the Fourth Judicial Circuit
Senior Judges in the Fourth Judicial Circuit
The Honorable Robert M. Foster, Administrative Judge, Nassau County
The Honorable John H. Skinner, Administrative Judge, Clay County
All Magistrates in the Fourth Judicial Circuit
The Honorable Matthew A. Shirk, Esq., Public Defender
The Honorable Angela B. Corey, Esq., State Attorney
The Honorable Ronnie ussell, Clerk of the Circuit Court, Duval County
The Honorable Tara S. Green, Clerk of the Circuit Court, Clay County
The Honorable John A. Crawford, Clerk of the Circuit Court, Nassau County
The Honorable Jason R. Gabriel, Esq., General Counsel
The Honorable John Rutherford, Sheriff, Jacksonville Sherist Office
The Honorable Rick Beseler, Sheriff, Clay County
The Honorable Bill Leeper, Sheriff, Nassau County
Lt. Mark Cowan, Clay County Sheriff?s Of?ce Courthouse Security
Major Steve Weintraub, Duval County Courthouse Security

Sgt. Kenneth Davis, Supervisor of Courthouse Security, Nassau County Sheriff's Of?ce
WTEV CBS 47, WAWS FOX 30, WJCT PUBLIC TV, WJXT-TV4, WJXX-ABCZS, WTLV-TV 12

Margaret Jones, Of?ce of the Clerk of Court, Clay County

Carla Colson, Of?ce of the Clerk of Court, Nassau County

Jim Kowalski, Esq., Executive Director JALA

Eugene Nichols, Esq., Pres., Florida Ass'n of Crim. Defense Lawyers (Local Chapter)
Charles Bishop, Family Court Manager, Fourth Circuit

Joseph G. Stelnta, Jr., Fourth Judicial Circuit Trial Court Administrator

Eve Janocko, Chief Deputy Trial Court Administrator

Caroline C. Emery, Esq., Court Counsel

The Jacksonville Bar Association

Nassau County Bar Association

Clay County Bar Association rut??gmm

Duval County Law Library LUNDERSIGNED 

Judicial Staff Attorneys, Fourth Judicial Circuit HEREBY 
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