By ED BALDRIDGE
ed.baldridge@newssun.com
SEBRING -- Concerned that the confidentiality with his attorney may have been breached by the 10th Judicial Circuit Court's "backup" audio recordings, Preston H. Colby of Florida Public Safety recently began his own investigation using public records to determine exactly what was recorded in the courtrooms in Highlands County.
Colby was in court in 2008 pressing a civil suit, and thinks that his conversations were recorded without his permission.
"If there are recordings, then they are public record, and I need to know why they feel that the Florida Constitution can be ignored," Colby said.
Part of Colby's concern is over the fact that most public records can be viewed by anyone who requests them, and that what he says to his attorney in private should not be part of the public record.
Colby started the investigation into records involving him when he contacted Chief Administrator Nick Sudzina via e-mail requesting the recordings for dates and times that involve him personally.
In the first e-mail directed to Colby, Sudzina states he is going through the CDs in order to honor Colby's request, but that he may need to redact information before turning the recordings over.
"I am in the process of reviewing the transmissions captured on the court CD's from the hearings in Judge (Olin) Shinholser's hearing room described in your e-mail for the dates of May 2, 2008, May 5, 2008, May 14, 2008 and May 15, 2008. Since the court was the backup court reporter in the civil hearings heard with Judge Shinholser, there may be recordings of conversations that are exempt from public disclosure. I will notify you when this review has been completed," said the e-mail.
A second e-mail from Sudzina, who is also the custodian of court records, confirmed that the courts were recording even off-the-record conversations, but claimed that in Colby's case nothing had been recorded.
According to an e-mail from Sudinza to Colby dated Feb. 12, Sudzina states that "This is to inform you that there are no recordings of the proceedings in Judge Shinholser's court on the dates mentioned in your public records request for 2008. The matters heard before Judge Shinholser were civil in nature and the court does not record those proceedings as the official court reporter.
"In addition, Judge Shinholser ordered the backup to be turned off so subsequently, there are no recordings of any proceedings or anything 'off the record,' including anything that may constitute an attorney/client privilege that occurred in that room on the dates in question."
In a recent News-Sun article, it was reported that the courts in Highlands, Hardee and Polk counties have two separate recording systems in their courtrooms.
When the primary recording system is in operation, a blue indicator light is apparent at the front of each courtroom, but another recording system is in use that possibly records on a timer system starting early in the morning and does not turn off until late in the day.
Concern was raised by an ex-employee of the Highlands County court system last week when she was terminated based conversations in a recording taken when court was not in session.
"I was told that they were reviewing the records and then I was told that there are no records. They are dragging their feet on this. I am concerned that my attorney/client privilege has been breached, and they are not giving me the records.
"All they are doing is telling me what is in the records. I actually want to view the records myself. I never invited them into conversations with my attorney," Colby said.
Sudzina also confirmed via e-mail to the News-Sun that there were no official or administrative orders from the court to install recording devices.
"There is no administrative order that directs the installation of the video cameras into any administrative office. There is no administrative order that directs the installation of the audio recording systems," Sudzina's e-mail dated Feb. 11 stated.
The installation of the concealed video cameras and the possible eavesdropping via a second recording system raised concerns with several attorneys in Highlands County and one law firm in Tampa concerning the breach of attorney/client privilege, but none of the those contacted would go on the record with a statement.
Adria Harper of the First Amendment Foundation in Tallahassee also voiced concerns about the recordings.
"What purpose do they serve, is my question. I can understand a video camera for security, but why hide them in air vents. And as far as the audio is concerned, again I would ask why. There is no valid reason that I could think of for having a backup system recording things off the record," Harper said.
Harper went on to question who knew this was happening and what ramifications it could have on criminal cases were the attorney/client privilege is paramount.
"I am not sure what effect this could have on any case, and what the judges felt they would accomplish with this," Harper said.
When asked about why the courts were not responding in a timely fashion to records request, Harper indicated that they were probably stalling.
"They are looking for an exemption, but they can't find one. That's why they are taking so long," Harper said.
Sunday, February 15, 2009 - www.newssun.com/0215-eb-court-backup2