IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2006-041 PA/PI-CIR

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RE: COMPENSATION OF COURT APPOINTED ATTORNEYS IN GUARDIANSHIP

PROCEEDINGS INVOLVING A SOLVENT CLIENT

The standards for court appointed attorneys and their compensation in indigent cases were set by the Sixth Judicial Circuit Local Indigent Service Committee (LOIS Committee) and are published in Administrative Order No. 2004-028 PA/PI-CIR. Attorneys meeting those standards and entering a contract with the Justice Administrative Commission are placed on the LOIS Committee Registry.

Included in the Administrative Order were standards and compensation for attorneys appointed to represent persons in guardianship proceedings under Chapter 744 Florida Statutes. Also included was a provision for compensation of attorneys in guardianship cases were it was determined after appointment that the client was solvent. To provide for the fair compensation of such attorneys that rate must be updated.

As the LOIS Committee sets the rates of compensation in indigent cases, the rates for guardianship cases with solvent wards are established separately by the Chief Judge. In accordance with § 744.108, Florida Statutes, an attorney that has rendered services to a ward is entitled reasonable compensation for those services. 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 provide for the orderly appointment and compensation of court appointed counsel in guardianship proceedings under Chapter 744, where it has been determined that the respondent ward is solvent, it is:

ORDERED:

When a LOIS Committee Registry attorney is appointed to represent a person for a proceeding under Chapter 744, Florida Statutes, and the ward is determined solvent, the attorney shall not petition the State for fees. Instead, the attorney may petition the court for payment from the ward’s estate. Notwithstanding the rate provided in Administrative Order No. 2004-028 PA/PI-CIR, such attorney may accept as compensation a fee of up to one hundred seventy-five dollars ($175.00) per hour from the client.

DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this _______ day of May 2006.

_____________________________

David A. Demers, Chief Judge

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

Christopher C. Ferguson, Civil Trial Attorney

Brent Armstrong, Criminal Defense Attorney

The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

Gay Inskeep, Trial Courts Administrator

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

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

Bar Associations, Pasco and Pinellas

Law Libraries, Pasco and Pinellas