OBEY THE LAW, WORK WITHIN THE RULES

Reject Requests To Put Fake Documejnts In Court Records

Some prosecutors aren't happy with a state law that prevents them
from changing or falsifying court records, so they want to change the
law. In fact, the prosecutors also have asked the Florida Bar and
state Supreme Court to change the rules so they can lie in court and
make up phony documents to put in the official record. In other
words, these prosecutors want a special law that places them and
certain other officials above the law. The idea is preposterous and
dangerous. It should be soundly rejected.

The Legislature, Florida Bar and Supreme Court should tell
prosecutors to obey the law and work within the rules. There is no
compelling reason for prosecutors and judges to have a special
exemption to place phony files into the record. Doing so would
undermine citizens' respect for and confidence in the integrity of
the judicial system.

No Special Exemptions

Miami-Dade County State Attorney Katherine Fernandez Rundle says the
change is necessary in rare undercover operations to protect the
identity of informants, police officers or witnesses. It is the only
way in some cases, she says, to win a conviction against corrupt
officials or sophisticated criminals.

A state Senate bill would limit the authority to put fake records in
the files to 180 days, with the chance for unlimited 30-day
extensions. A House version would extend the privilege to
prosecutors, judges, mayors, sheriffs, coroners and other public officials.

Since some prosecutors acknowledge that they already have put phony
documents in court records -- but only rarely, they say -- they want
a change in the law to remove any doubt about the legality of their
actions. However, they also believe that a new law and changed rules
are needed to allow some hard-to-make cases to go forward.

Distorting The Truth

But rewriting the rules and the law to give prosecutors and judges a
license to insert fake documents in official files is risky. It
sanctions the deliberate distortion of the truth, which in turn would
create doubt about the integrity of the system. If other lawyers,
judges, witnesses, victims, clerks and the public can't rely on the
accuracy of court files, the judicial system as we know it could be
at risk of collapse.

Police and prosecutors have many investigative and legal tools at
their disposal, including subpoena power, high-tech electronics,
clandestine operations, suspension of civil rights, the threat of
jail, etc. They also benefit from a supportive public because they
are perceived as the good guys.

Prosecutors shouldn't put themselves on the wrong side of the law by
resorting to lies and deception. Imagine the prosecutor who has to
plead to be believed in court because, this time, he really, truly is
telling the truth.