Since it’s cyber Monday, I’ll keep the post short so you can return to your holiday online shopping.
I am sorry to say that on November 19, 2012, the 4th DCA issued an order denying the petition in DelGaizo v. Chief Judge, Seventeenth Judicial Circuit, No. 4D12-2548. Florida’s criminal defense and criminal appeals attorneys know that SB 1960, which was passed by the Florida Legislature this past summer, severely cut the fees that court appointed counsel can earn. For my previous posts on the topic, click here and here. Since no opinion was issued, we will never know the Court’s reasoning. All that appears on the docket is an entry for an Order denying the Petition.
However, all hope is not lost. The same issue remains pending in the 3rd DCA, in the matter of Markus v. Hon. Joel H. Brown, No. 3D12-2034. According to the docket, the last activity was the Petitioner’s filing of the Reply in support of the petition for writ of certiorari, quo warranto, and prohibition, filed on October 22, 2012. I’ll be sure to keep you posted of any developments.