June 2009

One attempt at solving the indigent defense problem was the creation of a state agency made up of five offices to be called Offices of Criminal Conflict and Civil Regional Counsel (“OCCCRC”) by the Florida Legislature in Chapter 2007-62. The idea was that full-time attorneys on a set salary in these new regional offices would theoretically solve at least part of the judicial appointment problem by taking on public defender cases where there was a conflict of interest (which is common in multi-defendant cases) — as well as supervising court-appointed attorneys in child dependency cases and assorted civil actions. Sounded good.

Truth is, the OCCCRC lawyers haven’t even been given a fair shake, they’ve been asked to play the game without a full deck of cards. The OCCCRCs aren’t even getting the basics to do their job.

For example, the Fourth District OCCCRC has complained that it doesn’t even have ordinary supplies and internet access for months at a time. In today’s world, how can an attorney represent a client effectively without internet access? Legal research, communication and filing with the courts, e-mail, etc. are all done over the internet. How any lawyer at the OCCCRC can practice law each day is a miracle in action, and my hat is off to them. No wonder there’s such a high turnover there.

And, adding insult to injury, these OCCCRCs are being sued. That’s right – they have become defendants in their own right. Apparently, several counties throughout Florida have taken the position that OCCCRCs are not “public defender offices” at all under Florida law. Using this legal argument, counties aren’t legally responsible to pay for the expenses of their local OCCCRC (pursuant to Article V, section 14 of the Florida Constitution).
Continue Reading In-Depth Look at the Law: The Offices of Criminal Conflict and Civil Regional Counsel (OCCCRC) – An Unacceptable Situation for Everyone Involved

As I’m sure you know, Sonia Sotomayor has been nominated by President Obama to replace retiring Supreme Court Justice David Souter. For those concerned about capital punishment, it hasn’t been that easy to determine exactly what the nominee’s position is on the death penalty.

The Elusive Sotomayor Memo.

Judge Sotomayor did not include something she…

Omar Loureiro will be tried a second time for the murder of a Lighthouse Point man who he had gone home with from a local bar: right now, he’s setting on Death Row for this crime.

In 2007, Loureiro was tried for first degree murder in the case, found guilty, and sentenced to death. Two…

There are, of course, the realities of today’s economy that we must consider here. Recently, there was a news release that one out of every six dollars that Americans receive comes from a government source. Governments must be extremely careful with their dollars, given the current economic situation.

By revamping the indigent defense statutory…

There will be many people who read about the actions of Florida Death Row inmate William Deparvine with disgust, or anger, or both – and with his appeal on the truck claim going forward, there will many more new stories to invite further emotional response to Deparvine’s actions.

Who is William Deparvine?

William Deparvine is…

In our new series, we’ll be looking at Florida’s indigent defense system, particularly as it applies to cases where capital punishment is being sought. How are attorneys chosen and compensated for representing the criminal defendant who is without funds to pay for his own defense, especially those facing the death penalty? How is Florida’s current indigent defense system critically flawed?

The Florida Legislature Provides for Compensation of Attorneys Who Represent Poor (Indigent) Criminal Defendants in State Matters

First, let’s review the action of the Florida Legislature in the past few years. Before the current system was put in place, Florida provided for indigent criminal defense through Chapter 27 of the Florida Statutes. There, a collection of private criminal defense attorneys offered themselves for appointment by the courts in the defense of impoverished defendants in criminal cases under Judicial Administrative Commission (JAC) contracts. The attorneys worked on behalf of their clients, who were entitled to representation by an attorney under the law. In return, these attorneys were compensated by the government.

The 2007 Changes by the Florida Legislature Made Appointments Financially Not Viable for Most Criminal Defense Attorneys

The Chapter 27 system was changed, however. Under the new statutes, Chapter 2007-62, Florida indigent criminal defense effectively discouraged attorneys from placing their names on the list for court appointments and JAC contracts. This occurred in several ways:
Continue Reading In Depth Look at the Law: Florida’s System of Insuring Legal Representation for the Indigent Must Be Changed