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10/25/1994
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10/25/1994
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
10/25/1994
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PUBLIC DISCUSSION - L. B. (BUCKS VOCELLE, M. REGARDING <br />COURT DECISION AND LEGAL REPRESENTATION OF HONORABLE <br />L. B. VOCELLE <br />Attorney L. B. (Buck) Vocelle, Jr., came before the Board and <br />reported on his activity in the legal proceedings involving his <br />father, Judge L. B. Vocelle, Chief Judge of the 19th Judicial <br />Circuit. He requested that the County Attorney take over the case <br />and that the Board support the case and fund the costs. Mr. <br />Vocelle recounted that the case was initiated when a defendant, <br />Robert Lee Dozier, challenged County Judge Wild's ability to hear <br />his felony case. The 4th District Court of Appeal issued an <br />opinion called Dozier v. the Honorable Joe Wild, in which they <br />struck down two administrative orders issued by Judge Vocelle. <br />Those administrative orders appointed Judges Wild and Balsiger to <br />felony cases here in Indian River County. The net effect of the <br />4th District's decision was to quash these orders, and county <br />judges are no longer able to blanket themselves for hearing felony <br />cases. They must do so on individual assignments. Mr. Vocelle <br />related that we_have a backup in felony caseload in Indian River <br />County and the action of the 4th District has created havoc. Mr. <br />Vocelle stated that he requested to be heard by the Board to help <br />further the legal proceedings and to fund the costs. His legal <br />services on his father's behalf have been pro bono. Mr. Vocelle <br />researched the case and concluded that the best way to challenge <br />the opinion was by a vehicle called a Petition for Writ of <br />Prohibition to the Supreme Court of Florida. He contacted the <br />Attorney General's office but they 'would not represent Judge <br />Vocelle because there is a conflict in that they are representing <br />Judge Wild. They consider it a political football and they did not <br />want .to get involved. in it. Mr. Vocelle felt that the County <br />Attorney's office could become involved because it affects the <br />County so severely. We have more felony cases handled by county <br />judges than other counties, and the speedy trial rule affects those <br />cases. Defendants will not waive speedy trial, and prosecutors are <br />scrambling to get their cases to trial, but we do not have the <br />circuit judge manpower to hear all the cases. <br />Attorney Vitunac advised that -first the Board must decide if <br />this is a Board of County Commissioner issue. He recognized that <br />it is a state issue and a circuit issue, but he was not convinced <br />it is a Board of County Commissioners issue. If the Board took any <br />action, Indian River County would be funding a defense for the <br />whole circuit. The Board members must also decide if they agree <br />October 25, 1994 <br />77 BOOK 93 PAGE 640' <br />
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