IN THE SEVENTEENTH JUDICIAL CICUIT
BROWARD COUNTY, FLOIRDA
IN RE: Expert Discovery in Controlled Substance Cases
State Attorney and Public Defender
Joint Stipulation Relates to Controlled Substance Cases in:
Circuit Criminal
County Criminal
Juvenile Delinquency
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JOINT STIPULATION REGARDING EXPERT DISCOVERY IN CONTROLLED SUBSTANCE CASES
This joint stipulation on expert discovery in controlled substance cases is entered into and becomes effective the ______day ofOctober 2017, by and between the
Office of the State Attorney
Michael Staz, State Attorney
Seventeenth Judicial Circuit
whose principal place of business is
Broward County Judicial Complex
201 Southeast 6th Street
Fort Lauderdale, Florida 33301
and
Law Office of the Public Defender
Howard Finkelstein, Public Defender
Seventeenth Judicial Circuit
whose principal place of business is
Broward County Judicial Complex
201 Southeast 6th Street, Suite 3872
Fort Lauderdale, Florida 33301
WHEREAS, the Parties acknowledge that expert discovery is governed by the Florida Rules of Criminal Procedure 3.220 and Florida Rule of Juvenile Procedure 8.060 in cases involving a controlled substance, and that this joint stipulation will govern expert discovery in controlled substance cases.
WHEREAS, the expert discovery contemplated in this agreement is discoverable and should be provided in a timely and consistent manner so the Parties have an opportunity to review the expert discovery in preparation of a plea, hearing or trial.
WHEREAS, the expert discovery contemplated in this agreement is readily available due to case management technological advancements in the Broward Sheriff’s Office, Crime Lab and would not place undue burden on Crime Lab personnel to produce the expert discovery at the conclusion of analyzing a controlled substance.
BE IT RESOLVED,that the Parties agree that due process would be enhanced through implementation of thejoint stipulation on expert discovery in control substance casesin the criminal and juvenile delinquency divisions.
NOW, THEREFORE, in consideration of the premises and for the mutual covenants contained therein, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
In recognition of the need to institute a stipulated discovery practice for cases involving a controlled substance in criminal and juvenile courts, and pursuant to Florida Rules of Criminal Procedure 3.220 and Florida Rule of Juvenile Procedure 8.060 the State Attorney and Public Defender agree that the following will promote efficiency in the discovery process without prejudice to either side.
This stipulation desires to expedite the process of expert discovery, specifically expert witness discovery of Drug Unit Analysts from Broward Sheriff’s Office, Crime Lab that are expected to testify during trials or hearings as to the presences, weight, concentration, quantity or quality of a control substance,and the testing and procedures used to determine the presence, weight, concentration, quantity or quality of a control substance in criminal and delinquency cases.
A Drug Unit Analyst is defined as any witness intended to be called from the Drug Unit of the Broward Sheriff’s Office, Crime Lab as an expert witness that possesses scientific, technical, or other specialized knowledge that will assist the trier of fact in determining the presences, weight, concentration, quantity or quality of a control substance in criminal or delinquency case.
Expert Discovery shall be produced pursuant to the Florida Rule of Criminal Procedure 3.220 within 15 days after the later of (1) the filing of the charging document or (2) the appointment of the Law Office of the Public Defender in any County Court or Circuit Court non-indictment criminal case; and pursuant to theFlorida Rule of Juvenile Procedure 8.080 within 5 days after the later of (1) the filing of the delinquency petition or (2) the appointment of the Office of the Public Defender in the Juvenile Division of the Circuit Court, and shall include the following:
A. Name of Drug Unit Analyst;
B. Curriculum vitae of Drug Unit Analyst;
C. Current proficiency testing for the Drug Unit Analyst;
D. Written Report(s) prepared by the Drug Unit Analyst that reflect the presences, weight, concentration, quantity or quality of a control substance;
E. Calibration Report for the instruments utilized in testing for the presences, weight, concentration, quantity or quality of a control substance;
F. Instrumentation Report that indicates the instrument(s) utilized in testing for the presences, weight, concentration, quantity or quality of a control substance, including but not limited to,reagent data report; microcrystalline data report; and gas chromatograph mass spectrometer data report;
G. Laboratory Information Management Systems case report that reflects date and time of testing, internal control inventorylogs, crime lab chain of custody log;
H. Graphs, data or calculations produced by instrument(s) utilized to perform testing to determine the presences, weight, concentration, quantity or quality of a control substance; and
I. Photographs and video produced by the Drug Analyst.
The Parties remain under a continuing duty to disclose Expert Discovery contemplated in this agreement. If, subsequent to compliance with this agreement, a party discovers additional Expert Discovery that the party would have been under a duty to disclose or produce at the time of the pervious compliance, the party shall promptly disclose or produce the Expert Discovery in the same manner as required under this agreement.
The Parties agree that the Expert Discovery will be produced without leave of the court to issue a subpoenaand Florida Rule of Juvenile Procedure 8.060.
This agreement does not prohibit, limit or expand discovery depositions of Drug Analyst, as such will continue to be governed by Florida Rules of Criminal Procedure 3.220 and Florida Rule of Juvenile Procedure 8.060.
Nothing in this agreement shall prevent the parties from seeking expert discovery not addressed in this stipulation to the extent allowed by Florida Rules of Criminal Procedure and Florida Rule of Juvenile Procedure 8.060.
Nothing in this agreement shall prevent the parties from seeking court intervention or judicial remedies to the extent allowed by Florida Rules of Criminal Procedure and Florida Rule of Juvenile Procedure 8.060.
A party may terminate their participation in the joint stipulation on expert discovery in controlled substance cases by providing written notice to all parties to this agreement of their intent to withdraw ninety days from the date of the letter. Within thirty days from the date of a termination letter, the Parties shall convene to discuss the termination. The party wishing to terminate may withdraw at the end of the original ninety days if a resolution is not reached.
IN WITNESS WHEREOF, the parties hereto have made and made and executed this joint stipulation on expert discovery in controlled substance cases on the date first above written.
FOR THE OFFICE OF THE STATE ATTORNEY:
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Michael Satz, State Attorney
FOR THE LAW OFFICE OF THE PUBLIC DEFENDER:
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Howard Finkelstein, Public Defender