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published: Sunday, February 15, 2009

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More questions about court recordings

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.




  (by: Rusty  -   2/17/2009)

How true Dale,my bad.Pizzas on me this time.

blog  (by: Dale Gribbel  -   2/17/2009)

that, and this, is the comments section of the article, not a blog. A blog is an online journal of sorts, created by combining the words "web" and "log." There is a space to "blog" all of your thoughts and ideas on this website at http://www.newssun.com/Blogs/ Sorry, but I can't stand it when people call the comments section of the website a blog. Thank you.

personal file  (by: finding the truth  -   2/17/2009)

her personal file is public record, anyone is more then welcome to take a look at it but a breif decription is bloged about on the artice Privacy? Not if you're in the courtroom.

Fill me in  (by: also seeking truth  -   2/16/2009)

Without the advantage of seeing Ms. Birnie's personnel file, what was she caught red handed doing?

caught red handed  (by: finding the truth  -   2/16/2009)

It looks as if Ms. Birnie only brought this to light of the papers looking for some kind of lawsuit. She was caught red handed doing wrong on serval occasions so why should she not be terminated? Yes, the recording of attorney/clint privileges is wrong and everyone should be aware of this. But if you have issues that you know are confidental that is why the attorneys have their own offices. I don't feel anything is wrong with the county recording anything in the court house who is to say they will not need those recordings for future use of any allegations. And as an employee there you would know clearly of any recordings so don't act surprised when you are caught doing something wrong!

the problem  (by: citizen kane  -   2/16/2009)

The problem is that those signs weren't there a few weeks ago. The doors used to have much smaller and much less specific signs about how you "might" be recorded.

Bunch ado about nothing  (by: Its Public Knowledge  -   2/16/2009)

The signs on the door and it says that you're subject to recording. So? Where's the problem?

Recordings  (by: mbaker  -   2/15/2009)

At what level of privacy intrusion does the public become concern enough to take action to eliminate tape recordings in the courthouse. I am not familiar with any other courthouses beside the three counties mentioned that tape conversation on and off the record in a courthouse during a trial when you normally have the court recorder reponsible for transcribing what the judges, attorneys, and witnesses state during the trial. The tape recordings certainly overstep the privacy limits when they can recorded attorney/cliet privilege information. This really looks poorly on us and our county court system, and especially on the professionalism of our judges. Maybe my theory that lawyers become judges because they are not good enough lawyers to retire on what they make, so they become judges so they can retire as judges is true. I think most of those judges then retire while they are still on the bench and on our dime. That is why it seems to take forever to get a decision out of a judge. Several years ago I once had to wait 6 months after a trial for a judge to make a simple decision in a custody case which ended being very trumatic for the parents and the children. One parent had a nervious breakdown over the long period he took and another could not take an offered out of state job position waiting for him because of the wait. The wait would have gone on longer even then if I had not gone to another judge over his head to push him for a decision. (I hope this makes sense since it is Sun. night at 1:am and I am tired)

Court House Building Landlord  (by: JusticebyFaith  -   2/15/2009)

10th Judicial Administrator is on record as saying there is no Court Order-Administrative Order requesting this equipment to be placed into the building(Court House). If this is true, Does the 'Land Lord' (BOCC-County Commissioner) of the building know of this activity. Does their unknowing make them any more less responsible for the actions of the Tenents.

duh  (by: bubba  -   2/15/2009)

i bleve i kan almst read dat sign on the dor. butter be kareful bout what you says in the corthouse. I think dat higher lernin that capt. phc has dun caused him not to be abel ta reed.

Recording in Courtrooms  (by: Preston H. Colby  -   2/15/2009)

Who Cares: It does record in child protective matters, a whole number of non-criminal cases. Not being a "dirt bag" is no protection. Please don't forget that in the trial I was in Mr. Sudzina says the "Judge Ordered it turned off...". But there's no such Order in the case file... go figure... Regards... PHC

Eavesdropping  (by: Preston H. Colby  -   2/15/2009)

CaveDweller: We agree on this one. Why not, you also, call the Office of Open Government at the Governor's Office and talk to Ms. Pat Gleason. That's my next stop when things open up Tuesday (President's Day you know). If enough people press the Governor he can appoint a Special Prosecutor like he did in the death of the youth in the Panama City Boot Camp. But the Governor's Office will move slow unless there is public support for it. Then he will be all over it. In case you are not aware S.A. Jerry Hill needs to be asked "what he knew and when he knew it." Regards... PHC

Secret Eavesdropping  (by: CaveDweller  -   2/15/2009)

Somebody needs to lose their job over this. Maybe several somebodies. This incident, combined with the hidden video cameras has a chilling-effect on "private communications" anywhere in the courthouse or the Government Center or any other County Building. How can we know for certain that our "private" conversations are not being recorded anywhere we go in these buildings? Are we safe on the Courthouse steps out front? How can we know? What about down the sidewalk toward South Commerce? Are there recording devices surreptitiously installed in the light posts? How can we know? This is a serious violation and needs to be investigated by the Florida Attorney General and the United States Justice Department.

"Investigation" of hidden camera's  (by: Preston H. Colby  -   2/15/2009)

Thank you "Concerned about us", "A Concerned Resident" I wouldn't hold out any great hope with FDLE, I've had some experience with them and they seem more interested in not exposing official misconduct and prosecuting it, but how knows maybe the Governor can light a fire under somebody. The farther I get into this the worse it looks for local officials. The State Attorney is in full "protect our buddy's mode". Regards... PHC

  (by: Who Cares  -   2/15/2009)

If it doesn't record in civil proceedings, that leaves mainly criminal proceedings. Don't be a dirt bag and you won't have anything to worry about. Problem solved.

Hidden Recording Devices  (by: A Concerned Resident  -   2/15/2009)

Hopefully, a FDLE or Federal officials will take over the investigation of this case.

Back-up recordings  (by: Concerned about us  -   2/15/2009)

It figures that COLBY was someplace in this story. Who else in this county has the guts and knowledge to ask that type question? Go for it Preston...


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