Pubdate: Fri, 16 Feb 2007 Source: Miami Herald (FL) Copyright: 2007 The Miami Herald Contact: http://www.miami.com/mld/miamiherald/ Details: http://www.mapinc.org/media/262 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. - --- MAP posted-by: Beth Wehrman