Rule 3.931.Open proceedings, notice of proceedings, and order for hearing site

Rule 3.931 makes public access to a reference turn on substance, not location. Any proceeding before a referee that would be open to the public if it were held before a judge has to stay open, whether the reference is running in a courtroom or in a private office somewhere else entirely. Moving a case to a referee does not, by itself, close the doors.

To make that access real rather than nominal, the rule requires each referee to file a statement giving the name, phone number, email address, and mailing address of someone the public can contact for information about the date, time, location, and general nature of hearings that would otherwise be open. That statement is due at the same time as the referee's ethics certification under rule 3.904(a) or 3.924(a), can optionally point to a website with a running calendar, has to be updated promptly if the contact information changes, and gets posted by the clerk in the court facility.

The rule's third piece addresses where those hearings can happen. On an application showing good cause, or on the presiding judge's own motion, the presiding judge or a designee can order a case before a referee heard at a site that is easily accessible to the public and has room for people who plan to attend. The case is not automatically stayed while that application is pending, and, as rule 3.906 confirms, an order relocating hearings this way is not itself grounds to withdraw a stipulation for the referee. A separate provision caps how far a court mediator or evaluator required to attend a referee hearing has to travel, generally no more than 15 minutes from their work site, unless the presiding judge orders otherwise.