Committee backs bill criminalizing tampering and harassment of court officials; defense bar warns language could be weaponized

Senator Martin presented CS for SB 1838, which expands criminal penalties for tampering with, harassing, or retaliating against court officials. The sponsor said the bill defines "court official" broadly — covering judges, prosecutors, magistrates, hearing officers and court staff — and establishes penalties designed to protect the impartiality and independence of the courts.

Aaron Waite of the Florida Association of Criminal Defense Lawyers testified for information and warned that some tampering language (specifically a section that lacks a "legitimate purpose" or attorney‑representation carve‑out) could be "weaponized" and potentially criminalize routine interactions by prosecutors or defense lawyers. Waite offered hypotheticals — for instance, whether a prosecutor's threat to withdraw a plea or a prosecutor or defense lawyer's tactical withholding of information could be read as "misleading" or "intimidation" under the draft language — and recommended an express provision to avoid penalizing lawyers performing their representational duties.

The committee heard other witnesses waiving support. Senator Martin said he would work with the defense bar to refine the language; he closed the item and the committee reported CS for SB 1838 favorably.

Committee members emphasized their desire to protect court staff and the integrity of proceedings while acknowledging the defense bar's concerns about due process and overbroad criminalization of advocacy conduct. Senator Martin told Aaron Waite he would pursue language to address potential unintended consequences so the bill would not penalize lawyers for legitimate advocacy.