Board endorses juvenile court, probate rule.
Two emergency amendments to Juvenile court rules and four to probate rules have been endorsed by the Bar Board of Governors and forwarded to the Supreme Court for review.
Joel Silvershein, chair of the Juvenile Court Rules Committee, said the juvenile rules were drafted in response to recent court rulings but were on relatively minor issues.
One proposed change to Rule 8.135 mimics Rule 3.800 in the Rules of Criminal Procedure in allowing sentences to be corrected for clerical and other errors. Under the current rules, "juveniles can't appeal disposition or commitment errors unless the error was properly preserved," Silvershein said. He added two courts have recently ruled in this area and "we really feel ... that juveniles should have the same kinds of abilities to correct sentencing errors."
The second change involves Rule 8.510 which provides a 24-hour notice before a dependency hearing. Silvershein said the Florida Supreme Court in a recent case said that is inadequate, and the committee is recommending that be increased to 72 hours.
He reported the committee had no opposition and only a couple abstentions in approving both rule changes, and the board gave them its unanimous recommendation.
Dresden Brunner, on behalf of the Florida Probate Rules Committee, said it was proposing four relatively minor changes.
Those are:
* Amending Rule 5.025 to include...
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