IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2005-017 PA/PI-CIR

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RE: PRIVATE INVESTIGATOR FEES

Florida Statute Section 27.42(1)(c) authorizes each circuit Article V indigent services committee to develop a schedule of standard expense allowances for costs incurred by attorneys appointed in cases when the Public Defender has a conflict. At the January 28, 2005, meeting of the Sixth Judicial Circuit Indigent Services Committee, the Committee adopted a new rate for private investigator fees. The Committee also adopted an allowance for the extent that court-appointed attorneys may obligate private investigator costs without prior court approval.

Administrative Order 2004-028 PA/PI-CIR “Re: Court Appointed Attorney Standards and Compensation” provides, in part, for the obligation of private investigator services when needed by court-appointed attorneys. That administrative order further clarified that professional fees incurred in the representation of clients by court-appointed attorneys, including private investigator fees, were subject to the current Sixth Judicial Circuit administrative order on professional fees.

Administrative Order 2004-051 PA/PI-CIR “Re: Professional Fees, Criminal Cases, Juvenile Delinquency, Family Law and Juvenile Dependency Cases” establishes the fees that certain professionals may charge for services within the Sixth Judicial Circuit when those fees are paid by State funds.

Pursuant to Rule of Judicial Administration 2.050, the Chief Judge has the authority to adopt administrative orders necessary to ensure the operation of the court system.

Therefore, in order to publish the new rate for private investigators and to provide for the orderly use of private investigators by attorneys when the Justice Administrative Commission will process the invoices for private investigator services, it is therefore:

ORDERED:

1. When a court or Administrative Order of the Sixth Judicial Circuit authorizes a licensed private investigator, the private investigator may charge a fee up to $50.00 per hour.

2. Court-appointed trial attorneys and trial attorneys representing defendants determined indigent-for-costs may obligate up to ten hours of service by a private investigator without prior court approval.

3. The authority announced in this Administrative Order for the use of private investigators and the rate that private investigators may charge, controls where Administrative Order 2004-028 PA/PI-CIR or Administrative Order 2004-051 PA/PI-CIR may be inconsistent.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this _________ day of _____________ 2005, nunc pro tunc January 28, 2005.

___________________________________

David A. Demers, Chief Judge

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Jed Pittman, Clerk of Court, Pasco County

The Honorable Ken Burke, Clerk of Court, Pinellas County

Mr. Chris Ferguson, Member Sixth Judicial Circuit Indigent Services Committee

Mr. Brent Armstrong, Member Sixth Judicial Circuit Indigent Services Committee

Ms. Victoria Montanaro, Executive Director, Justice Administrative Commission

Carol Heath, Director, Court Services Division, Pinellas County Clerk’s Office

Betty Henderson, Assistant Court Services Director, Pasco County Clerk’s Office

Gay Inskeep, Trial Courts Administrator

Kerry L. Rice, Senior Deputy Courts Administrator, Pasco County

Bar Associations, Pasco and Pinellas

Law Libraries, Pasco and Pinellas