Florida Supreme Court To Decide Constitutionality of Timely Justice Act After June 2013 Emergency All Writs Motion Filed
On June 26, 2013, a formal challenge to the new Timely Justice Act (read about this new law here) was filed before the Florida Supreme Court. The image above is the acknowledgment by the state High Court -- and with it, an online notice that
Because of significant public and media interest in this matter, this case has been designated as a high profile case and all material must be filed through the Florida Courts eFiling Portal. All documents filed will be posted on the Supreme Court web page. Parties are directed to ensure that all documents filed are in compliance with rules 2.420, 2.425 and 2.526 of the Florida Rules of Judicial Administration.
Emergency Petition to Florida Supreme Court to Stop Timely Justice Act
This filing is a joint effort to stop the impending Timely Justice Act from becoming Florida law because of its myriad of constitutional violations. Given that the Florida Legislature passed this thing and Governor Rick Scott signed it into law, this emergency motion is an effort to stop some very, very bad things from happening in Florida courtrooms and on Florida's death row.
From the Motion:
The Timely Justice Act violates the doctrine of Separation of Powers by requiring that constitutional officers of the judicial and executive branches of government take immediate actions upon the effective date of the Act, in accordance with a strict statutory time schedule, and by creating obligations on attorneys that conflict with preexisting, judicially-determined rules.
It also unconstitutionally suspends the writ of habeas corpus, violates due process by interfering with judicial resolution of constitutional claims, violates equal protection by limiting the successive claims of capital but not non-capital defendants, and will result in cruel and unusual punishments contrary to evolving standards of decency.
Will the Florida Supreme Court take action to block the Timely Justice Act? Stay tuned.