IN THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA

Administrative Order No. 8.465 (b)

CRIMINAL HISTORY RECORD CHECK

            Whereas, all judicial employees of the Eighth Judicial Circuit are governed by the Personnel Regulations of the Office of the State Courts Administrator; and 

            Whereas, Personnel Regulation 1.03(4), requires the court to conduct a criminal history record check on applicants who accept an employment offer; and

            Whereas, a criminal history record check requires that the applicant submit to fingerprinting; it is therefore

            Ordered that:

1. All notices for employment within the Eighth Judicial Circuit shall include the following statement: “Continued employment is contingent upon the successful candidate clearing a criminal history record check.”

2. An applicant who accepts an offer of employment (“successful candidate”) shall submit to fingerprinting by the Alachua County Sheriff’s Office within three days after accepting the employment position.

3. In addition to successful candidates, the following persons are required to submit to a criminal history record check, including fingerprinting, unless their duties began before this Circuit instituted the criminal history record check requirement:

a. Volunteers

b. Law clerks

c. Interns

d. Externs

e. Contract mediators

f. Court Interpreters

g. Grant employees

h. Any other persons, as determined by the Chief Judge

4. The following persons are exempt from the criminal history record check, including the fingerprinting requirement:

a. Judges and Judicial Assistants

b. Judicial employees hired prior to this Circuit’s enactment of the criminal history record check

5. The Chief Judge and the Court Administrator shall establish a panel (“Criminal History Review Panel”) to review all successful candidates’ criminal history records. The Criminal History Review Panel shall consist of a Judge of the Eighth Judicial Circuit, who will act as Chair, and four Eighth Judicial Circuit employees, all designated by the Chief Judge. Each panel member shall serve a term of two years; however, for the purpose of providing staggered terms, of the initial appointments, two members shall be appointed to a one year term and three members shall be appointed to a two-year term. The Chief Judge shall establish the initial appointment date and may appoint interim panel members as needed. Panel members may be reappointed to successive terms at the discretion of the Chief Judge.

6. Upon notice from the Personnel Department of receipt of a candidate’s negative criminal history record, the Criminal History Review Panel shall convene to begin a review of the candidate’s criminal history.

7. The Criminal History Review Panel shall review each criminal charge and conviction on a case-by-case basis. At least three panel members must be available to conduct the review. During the review, the Criminal History Review Panel shall consider such factors including, but not limited to:

a. The age of the charge or conviction; and

b. The degree of the crime; and

c. The employment duties of the successful candidate; and

d. Whether there is evidence of rehabilitation.

8. The candidate whose criminal history record is under review may submit to the Panel, in writing, an explanation of their criminal history record and any other information the candidate believes is relevant for the Panel to consider in making its recommendation.

9. The Criminal History Review Panel shall present the Panel’s recommendation to the Chief Judge and the Court Administrator within two working days from the completion of the review. The Chief Judge and the Court Administrator will decide whether the successful candidate’s criminal history record should result in the withdrawal of an employment offer or termination of employment and will notify the Personnel Department accordingly.

10. All successful candidates’ criminal history records shall be securely stored in a locked, fire proof, filing cabinet in the Alachua County Civil Courthouse basement and kept in accordance with statutory records retention requirements. Only the Director of Personnel and the Court Administrator shall maintain a key to the filing cabinet.

11. This Administrative Order is effective on the date the order is signed by the Chief Judge.

            ORDERED on 17 day of June 2005.

/s/

STAN R. MORRIS, Chief Judge