3/3/2016 8:46:19 PM
12/29/2015 4:47:49 PM
Court Appointed Attorneys
Death penality cases
opposing doption of minimum standard G
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RESOLUTION NO.97-121 <br /> A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA, RELATING TO COURT- <br /> APPOINTED ATTORNEYS IN DEATH PENALTY CASES: OPPOSING <br /> THE ADOPTION OF MINIMUM STANDARD G WHICH WOULD <br /> REQUIRE TRIAL COURTS TO APPOINT TWO ATTORNEYS IN EACH <br /> DEATH PENALTY CASE; REQUESTING THAT THE FLORIDA <br /> SUPREME COURT NOT ADOPT MINIMUM STANDARD G IIECAUSE <br /> STATE FUNDS HAVE NOT BEEN APPROPRIATED IN THE CURRENT <br /> BUDGET AND BECAUSE OF THE FINANCIAL IMPACT ON FLORIDA'S <br /> COUNTIES; AUTHORIZING CERTIFIED COPIES OF THE <br /> RESOLUTION TO BE SENT TO CERTAIN OFFICIALS; AND <br /> PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, in July 1997, the Supreme Court announced its intent to adopt certain minimum <br /> standards for the representation of indigent defendants in death penalty cases;and <br /> WHEREAS, the proposed minimum standards will apply in all situations where a defendant is <br /> represented by private court-appointed counsel;and <br /> WHEREAS,these proposed standards were developed without the input of or participation by county <br /> government officials;and <br /> WHEREAS,the Supreme Court has proposed the adoption of a standard(Minimum Standard G)that <br /> would require the appointment of a lead counsel and co-counsel in each death penalty case wherein the <br /> defendant is not represented by the Public Defender;and <br /> WHEREAS,if adopted,Minimum Standard G will substantially increase the amount of public funds <br /> to be expended for the judicial system;and <br /> WHEREAS,although the Supreme Court's proposed standard does not address which entity will be <br /> responsible for funding the additional counsel mandated under Standard G,history suggests that the state will <br /> shift the costs of paying for such additional counsel to Florida's counties;and <br /> WHEREAS,if adopted,the proposed standard will significantly add to the ever-increasing financial <br /> burden placed on counties by the failure of the Legislature to fully fund Florida's judicial system;and <br /> WHEREAS,the standard proposed by the Florida Supreme Court creates substantive rights which the <br /> Court is not authorized to adopt under the exercise of the rule-making power to prescribe procedural rules. <br /> NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY,FLORIDA that <br /> 1. The Board opposes the adoption by the Florida Supreme <br /> Court of any standard which mandates that,in each capital <br /> case, a trial court must appoint two (2) attorneys to <br /> represent a defendant accused of committing a capital <br /> crime. <br />
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