10/7/1997 - Laserfiche WebLink

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8k,+1 �.' I r1� L cm+ RESOLUTION NO. 97-121 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, RELATING TO COURT- APPOINTED ATTORNEYS IN DEATH PENALTY CASES: OPPOSING THE ADOPTION OF MINIMUM STANDARD G WHICH WOULD REQUIRE TRIAL COURTS TO APPOINT TWO ATTORNEYS IN EACH DEATH PENALTY CASE; REQUESTING THAT THE FLORIDA SUPREME COURT NOT ADOPT MINIMUM STANDARD G 13ECAUSE STATE FUNDS HAVE NOT BEEN APPROPRIATED IN THE CURRENT BUDGET AND BECAUSE OF THE FINANCIAL IMPACT ON FLORIDA'S COUNTIES; AUTHORIZING CERTIFIED COPIES OF THE RESOLUTION TO BE SENT TO CERTAIN OFFICIALS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in July 1997, the Supreme Court announced its intent to adopt certain minimum standards for the representation of indigent defendants in death penalty cases; and WHEREAS, the proposed minimum standards will apply in all situations where a defendant is represented by private court-appointed counsel; and WHEREAS, these proposed standards were developed without the input of or participation by county government officials; and WHEREAS, the Supreme Court has proposed the adoption of a standard (Minimum Standard G) that would require the appointment of a lead counsel and co -counsel in each death penalty case wherein the defendant is not represented by the Public Defender, and WHEREAS, if adopted, Minimum Standard G will substantially increase the amount of public funds to be expended for the judicial system; and WHEREAS, although the Supreme Court's proposed standard does not address which entity will be responsible for funding the additional counsel mandated under Standard G, history suggests that the state will shift the costs of paying for such additional counsel to Florida's counties; and WHEREAS, if adopted, the proposed standard will significantly add to the ever-increasing financial burden placed on counties by the failure of the Legislature to fully fund Florida's judicial system; and WHEREAS, the standard proposed by the Florida Supreme Court creates substantive rights which the Court is not authorized to adopt under the exercise of the rule-making power to prescribe procedural rules. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that 1. The Board opposes the adoption by the Florida Supreme Court of any standard which mandates that, in each capital case, a trial court must appoint two (2) allomeys to represent a defendant accused of committing a capital crime. 2. The Board requests that the Florida Supreme Court not adopt proposed Minimum Standard G because it will require the expenditure of public funds not otherwise appropriated by the state in its current budget. More importantly, the Board fiuther requests the Florida Supreme Court refuse to adopt any standard which may cause Florida's counties to incur additional expenditures on behalf of the state's judicial system. The Executive Aide to the Board is authorized to send Certified copy of this resolution to the Governor of Florida, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the Chairman of the Senate Ways and Means Committee, the Chairman of the Senate Judiciary Committee, the Chairman of the House Fiscal Responsibility Council, the Chairman of the House Justice Council and the Chairman of the Indian River County Legislative Delegation. OCTOBER 7, 1997