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FLORIDA----Some prosecutors in Florida are pushing the state Legislature to pass a law that would permit state prosecutors to alter or falsify court records if a judge approves, according to the Reporters Committee for Freedom of the Press.
RCFP reports that under the proposed bill, the court would be able to authorize or approve an application by law enforcement officers and state attorneys to alter, withdraw or falsify records for undercover law enforcement purposes in active cases and investigations.
Miami-Dade State Attorney Katherine-Fernandez Rundle floated the proposal. Although the bill would limit authorization to put false documents in court files for up to 180 days, there are provisions for an unlimited number of 30-day extensions.
Supporters say that sometimes it necessary to falsify court records in order to protect informants and investigations.
The American Civil Liberties Union of Florida is opposing the plan. ACLU legislative director Randall Marshall said that the bill "goes against our notion of the way our justice system ought to work".
"How would we ever be able to trust anything in the judicial record knowing that something could be intentionally falsified with a judicial seal of approval?" he asked.
The Florida Public Defenders Association is also against the proposal, saying that it undermines constitutional protections for the accused.
It is currently unlawful to alter or falsify court records and those convicted can be sentenced to up to a year in jail.
In November, published reports revealed that some judges and prosecutors in Miami-Dade County altered dockets and records in some cases. It was also reported that hundreds of civil and criminal cases were hidden on secret dockets.
Florida Supreme Court Chief Justice R. Fred Lewis asked a committee of the Florida Bar to examine current practices and recommend rule changes by March 1. The Supreme Court will hear arguments on secret and false dockets March 5. 2-17-07
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© 2007 North
Country Gazette
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