Right before Halloween, we posted about the new Death Penalty Information Center revelation that focusing solely on a state’s budget bottom line, capital punishment should be outlawed because it just costs too much — and how Billy Joe Johnson’s request to be sentenced to death in California only added fuel to that fire. (Billy Joe
In Depth Look at the Law: Indigent Defense Crisis Part Two, How We Got Here — the Legislature’s Attempts to Cut the Budget With Criminal Defense Dollars Created this Catastrophe
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…
In Depth Look at the Law: Florida’s System of Insuring Legal Representation for the Indigent Must Be Changed
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