Hunter Hearings in Pinellas County

What happens if the prosecutor wants to obtain a patient’s medical records to gather evidence to prosecute crimes for DUI in Pinellas County, FL?

The State Attorney’s Office might send the patient a Notice of Issuance of an Investigative Subpoena Duces Tecum for Medical Records under section 395.3025(4)(d), Florida Statutes. The notice typically gives you only fifteen (15) days to serve an objection on the State Attorney’s Office.

You can prevent the immediate issuance of the subpoena for your medical records by sending a written objection to the State Attorney’s Office. The written objection triggers a “Hunter Hearings” named after Hunter v. State, 639 So. 2d 72 (Fla. 5th DCA 1994).

This article explains why the prosecutor might want your medical records for a DUI investigation and how your attorney can object to the subpoena and trigger a Hunter Hearing in front of a judge at the Criminal Justice Center (CJC) Courthouse in Clearwater, FL.

Attorneys for Hunter Hearings in Pinellas County

If you received a Notice of Issuance of an Investigative Subpoena for Medical Records from the State Attorney’s Office in Pinellas County, FL, contact an experienced DUI defense attorney.

The attorneys at Sammis Law Firm help clients protect their medical records during a DUI investigation in the Sixth Judicial Circuit in Pinellas County, FL.

We can serve a written objection on the prosecutor if they want to obtain your medical records. During the Hunter Hearing, our attorneys can explain why the court should deny the prosecutor’s request to issue a subpoena to obtain your medical records and cross-examine any witnesses the prosecutor calls.

Your attorney can gather valuable information during the Hunter Hearing and lock the witnesses into their testimony. If the witness later tries to change their testimony, your attorney might impeach them with the transcript from the Hunter Hearing.

The address for the Clearwater Office at Sammis Law Firm is 14010 Roosevelt Blvd., #701, Clearwater, FL 33762. Contact us to schedule a free initial consultation either over the phone or in the office.

Call 727-210-7004.

Rules for Hunter Hearings in Pinellas County, FL

The rules for a Hunter Hearing in Pinellas County, FL, were recently updated by an administrative order signed by The Honorable Shawn Crane, Chief Judge, on January 17, 2024.

The administrative order, issued per Article V, section 2, Florida Constitution, Florida Rule of General Practice and Judicial Administration 2.215, and section 43.26, Florida Statutes, clarifies how the “Hunter Hearings” are assigned and handled in Pinellas County.

As a general rule, a patient’s medical records are protected under state and federal rights to privacy. See U.S. Const, amend I & XIV; Fla. Const, art. I, § 23. The government must demonstrate a compelling state interest before intruding into a fundamental privacy right. Guardado v. State, 61 So. 3d 1210, 1212-13 (4th DCA 2011). See also Schwenk v. Kavanaugh, 4 F. Supp. 2d 110 (N.D.N.Y. 1998).

At the Hunter Hearing, the Court acts as a shield to protect the Defendant’s right to privacy by determining whether the requested medical records are relevant to a pending criminal investigation. Hunter v. State, 639 So. 2d 72, 74 (5th DCA 1994).

The State bears the burden of convincing the Court that the subpoena is narrowly tailored to serve a legitimate purpose and establish a clear connection between alleged illegal activity and the requested records before invading a citizen’s privacy. Leka v. State, 283 So. 3d 853, 856-57 (2nd DCA 2019).

Case Initiation for a Hunter Hearing

The administrative order explains that a Hunter Hearing must occur if a person or their attorney serves a written objection to issuing an investigative subpoena on the State Attorney’s Office.

After receiving that written objection, the State Attorney’s Office must file a Notice of Hunter Hearing with the Pinellas County Clerk of the Circuit Court and Comptroller’s Office (the “Clerk”). Filing the notice of Hunter Hearing causes the case to be created and assigned to a particular judge.

After the prosecutor files a notice of Hunter Hearing, the Clerk creates a non-reportable case number and assigns the case to Section E. The Clerk also maintains all related documents.

The State Attorney’s Office must provide the County Administrative judicial assistant with the case number. The County Administrative Judge will determine whether to handle or reassign the case to another judge. If the matter must be reassigned to another judge, the County Administrative Judge will issue an Order of Reassignment.

The judge assigned to preside over the Hunter Hearing in Pinellas County, FL, will schedule the date and time for the hearing. After the Hunter Hearing, the Court will enter a final ruling either granting or denying the State’s request for the subpoena. The order also instructs the Clerk to close the case in the case maintenance system.

Thereafter, if a new criminal case is initiated after the Hunter Hearing, the documents from the initial Hunter Hearing will remain with that case.

If a new criminal case is not initiated, but a new Notice of Investigative Subpoena for Medical Records is issued or a subsequent motion is filed, the subsequent notice or motion will be filed within the open medical records case number.

If the medical records case number is closed, the subsequent notice or motion will reopen the prior medical records case number. After the subsequent Hunter
After the hearing or the issuance of an order on the subsequent motion, the case will be closed using the procedures outlined above.

If the Notice of Issuance of Investigative Subpoena for Medical Records is issued within an existing case, the procedures
outlined herein do not apply. Instead, the notice of hearing will be filed within the existing case number, and the Hunter Hearing will be heard by the judge assigned to the existing case.

Read more about how attorneys for DUI in Pinellas County, FL, represent clients at Hunter Hearings during DUI investigations. Find out how to object to a subpoena for your medical records and blood test results.

This article was last updated on Monday, June 24, 2024.