10/7/1997 - Laserfiche WebLink

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f�UUb�iK � CuC T" rsrtsae, 33617-1632 chmind i613 98767]1 •� "MGM IVED !Aor 0owe of fyraentadVes SEP 9 go? victor D. Crist J10"°°ma itepraseatadw, both District QPY Augwt?'t,t99� Tho Hoaonble Sid J. Wbke, Clark Florida Supreme Court $00 South Duval Stem Tallahassee, K s2iwiqu RE- Proposed amendment to Norids Roles of Judicial Administration — Minimum Standards for Appointed Co■nsd in Capital Cam Case No. 90,635. Den Mr. White: This letter is ill response to the Court's request for comments conceraine the above -referenced proposal. The Proposed rule raises serious legislative concerns. Furdw, it appears to invade the polity -setting sphere that is "Clusively the LO&ISture's. The rule is dewly more thm procedural; it atakes substantive policy outside the Court's propercase and controversy' &&work The Mis would rag** that dupes tutoruoys in capital cases must have hats a spec& cumber of "tenons and "+per" jun► mals. The temp -serious ad eomploe' is not dadoM, leaving room for varying interpretations. It u uvAcly that W twaaty judWW eirarita will iatwpm attd apply these Wm wnma ady. Bvea if they did, them would loevitably be tdt W=W sad protracted appeals over this and caber ambiguous, undefined to =14 the proposed Yule. The tau thing our justice syum needs is aaore guru& for appeals and delays. 71m reap indbW liar selecong (soyas would be delegated to the eoadict committee of each of the twenty circuits. However, the proposed Vile eoatains strict, vague, and =Wuted requirements, which could cause difficulty in davcloping and maiptaimng alt adequate number of attorneys who area such strict r quirements. Many Board Cg d W and other highly Sided c imind dmfaute lawyers might not meat @A of these town ots. This problam could be exacerbated by the rule's limitation of no more than two pending cases per attorney. Fa OUR*a lawyers Will denrotutrate the "necessary► proficiency and cone titmcnt which exemplify the quality of representation appropriate to capita! casts." The cute docs not provide guidance to assist the conflict committee to mtsure that a partrct*w h"W meets this standard, oven ifthe committee can define the standard. Also. the required minim°"' of niers "quW1119d" jury trials for lead counsel would cause problems, especially in rural arae. Under the proposed rule, each cirarit would be free to impose WSW "mipitn tm' standard3 of its own. It =Wd be p°=be dm who quaW under ode Isagusge oftlte ntle mipt not qusllty !p a drtun wWClt created tdgher standards. It could also be possible for ipolvidual d malts to develop such uoressoaable minimum standards that no lawyd', no matter how effecgve, aauld meet them T2>ia would disrupt the: adiumm tstion of justice in tbese cases. TIN A& abo that defendants in a death penalty aur have two trial lawyers Cans dal of a lead counsel and a ea-eauuu+ 4 csgardlesa CUM 44nipimdty of tbo z4vidual one. A blanket determination that alt death penalty Oates r°quue two trial IMM without repW to other factors is insppropriate. Counties could be responsible for tis can of two def== lawyers at the trial and penalty pbaa in aA such cava, a en though it is out constitutionally required. In ad'aet the rule grants a defenda n in a death peoeity woo a subeaadve right to an additional trial lawyer. There is no aMdate to support such a fequkeown. wr any showing that are wellValiised trial couned is inadequate in all eases. This rule clearly tatcampaaaaa substaativo policy rrvn:<deratioas, iac{udirtg minimum standards wbiob are not cottsisteat with those desalted sufficient in rMent legislation witich reorganized the 001ce of Capital Collateral Rtspresemove. Chapter 97-313, Laws of Florids, no miaiastms erhmia for appointed and amplayeai eoliateral counsai in Sections 3 and 4; the proposed rola would affmivay amend this legislation. Although the rule states that it applies ody to appointed counsel, It is foreseeable that the Court will gaialdy be Presented with argtumMU that the same minimum standards should apply to public Defenders' Occas ad the Capital Collatwel l't4WW CouascL, wh'tdt could impact apluopdatloau said yield even a Sava$ shortage of'qustiliad' atWanaya. OCTOBER 7, 1997