Contracting of Court Appointed Attorneys

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2009-039 PA/PI-CIR

RE: CONTRACTING OF COURT APPOINTED ATTORNEYS

The current Justice Administrative Commission (JAC) contract for court appointed attorney services expires June 30, 2009. On June 2, 2009, the Sixth Judicial Circuit provided to JAC the names and contact information of the Sixth Judicial Circuit Registry of court appointed attorneys (Registry) for the fiscal year beginning July 1, 2009. On June 12, 2009, JAC made available the new contract for the term July 1, 2009, through June 30, 2010. See June 12, 2009, JAC General Counsel letter posted at http://www.justiceadmin.org/court_app_counsel/contracts/2009-2010%20attorney%20contract%20letter.pdf. The new attorney agreement is available online at http://www.justiceadmin.org/. As of June 29, 2009, JAC has not provided the Sixth Judicial Circuit with confirmation of whether any Registry attorneys have entered new agreements.

While each Registry attorney is expected to promptly print, sign, and return his or her contract to JAC, given when the new contract was made available and the vagaries of actual notice to the attorneys and the return of each attorney’s signed agreement, it is likely that many Sixth Judicial Circuit Registry Attorneys will not be under contract before the current contract expires. Section 27.40(3)(a), Florida Statutes, requires that in order for an attorney to be on a circuit registry of attorneys to provide court-appointed attorney services, the attorney must be under contract with the Justice Administrative Commission.

Litigants who are before the court may have a constitutional right under the Sixth Amendment to the U. S. Constitution and Article I, Section 16, Florida Constitution to counsel. Other litigants may have a substantive right to counsel pursuant to various statutory provisions. The Court finds that a constitutional or statutory substantive right to counsel prevails over the statutory provisions in section 27.40, Florida Statutes, requiring a contract with the Justice Administrative Commission.

To protect the rights of litigants before the Court, the Court must provide for the orderly appointment of court appointed attorneys. Therefore,

IT IS ORDERED:

1. Effective July 1, 2009, any attorney approved by the Chief Judge for service during Fiscal Year 2009-2010, and whose name has been submitted to JAC as a member of the Sixth Judicial Circuit Registry, is considered a member of the Registry even if a contract with the JAC has not been entered. Such attorneys will be eligible for appointments to cases in accordance with Administrative Order 2004-028 PA/PI-CIR.

2. Attorneys who are appointed to the Registry pursuant to this order shall promptly either sign the JAC 2009-2010 Standard Attorney Agreement and return it to JAC or provide notification to JAC and the Court that the contract will not be signed. Attorneys not agreeing to the contract will be removed from the registry.

3. The Justice Administrative Commission is directed to process fee requests from attorneys approved by the Chief Judge as of the date of this order and appointed to cases on or after July 1, 2009, as if the attorney had timely entered a contract. If JAC has an objection to a fee petition, JAC shall promptly provide a letter of objection. Any court appointed attorney who does not receive a notification from JAC within 30 days after submitting his or her bill, after ensuring compliance with JAC billing requirements, may petition the Court for an order directing payment in accordance with section 27.5304, Florida Statutes.

4. When JAC has provided contracts to the attorneys approved by the Chief Judge, the attorneys have had a reasonable opportunity to sign the contract, and the JAC has notified the Court of the status of all such attorneys, the Court will consider rescinding this Order.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this _______ day of June, 2009.

____________________________________

Robert J. Morris, Jr., Chief Judge

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Paula O’Neil, Clerk of Court, Pasco County

The Honorable Ken Burke, Clerk of Court, Pinellas County

Jackson Flyte, Regional Counsel

Victoria Montanaro, Executive Director, Justice Administrative Commission

Suzanne M. Mucklow, Executive Director, Pinellas County Clerk’s Office

Debbie Gay, 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

Court Appointed Attorneys