Closing argument rule.

I am upset but not shocked that the Board of Governors voted against the closing argument rule in criminal cases. I read the names of the local criminal defense practitioners on the board who argued the merits, but note that not one single prosecutor is on that board.

In contrast, the Supreme Court's own steering committee, which is balanced philosophically, unanimously proposed this change. The legislature voted overwhelmingly for this change in both houses, and the bill was signed into law. Then the Criminal Rules Committee, which is balanced and requires a two-thirds vote on rule changes, also voted overwhelmingly for the change. We must have been foolish to believe that the Board of Governors was going to support all of those diverse factions--rather than vote with their wallets. Instead, they chose to support the one-person (defense attorney) authored "minority report."

All federal criminal trials, and 47 of the 50 states, now have the rule that the party with the burden of proof (prosecution) has the right to the final rebuttal argument. The present Florida rule...