South Florida criminal defense lawyers who are interested in Florida’s latest legislative reforms to payment for court appointed counsel, otherwise known as S.B. 1960, might like to know that the Broward and Miami Dade Associations of Criminal Defense Lawyers have filed a petition seeking to challenge the constitutionality of S.B. 1960.
According to the petition, Petitioners ask the Fourth DCA to (1) issue a writ of certiorari quashing the 17th Judicial Circuit’s Administrative Order number 2012-45-Gen, which appointed Judge Ilona Holmes as the only Judge to hear requests by General Registry attorneys to exceed the statutory caps; (2) issue a writ of quo warranto determining that Melodee Smith and other members of the Limited Registry are ineligible to hold the office of court-appointed counsel due to the illegality of the Florida statute under which the Limited Registry was established; and, (3) issue a writ of prohibition prohibiting the Seventeenth Judicial Circuit’s Clerk of Court, Howard Forman, from appointing attorneys from the Limited Registry when private court-appointed counsel is required.
This seems like an interesting case to watch. For a link to the case, DelGaizo v. Hon. Peter M. Weinstein et al, No. 4D12-2548, click here.