Florida/Georgia Personal Injury & Workers Compensation

...Code). 4  Case: 11-13439 Date Filed: 04/24/2014 Page: 5 of 53 that conducting an investigation in Lugo’s case could endanger members of her family in Colombia. For that reason, and pursuant to Fla. Stat. § 27.703(1), CCRC-Middle Region asked to be permitted to withdraw and for the court to appoint in its place conflict-free registry counsel qualified under Fla....

...ng that this Court invoke its mandamus and all writs jurisdiction to enjoin the enforcement of four sections of the Act and to declare those sections unconstitutional. The disputed portions of the Act can be briefly summarized as: Section 27.703(1): Conflict of Interest and Substitute Counsel The Timely Justice Act modifies section 27.703(1), Florida Statutes, to require that Capital Collateral Regional Counsel (CCRC) not accept an appointment or take any action that creates an actual conflict of interest with his or her client....

...Therefore, we conclude that section 27.7081 does not violate article II, section 3, of the Florida Constitution because it neither abrogates procedural rules, nor does it encroach upon this Court’s authority to adopt rules of practice and procedure. Section 27.703(1): Conflict of Interest and Substitute Counsel - 39 -  In their final constitutional challenge, the Petitioners allege that amended section 27.703(1) requires an attorney to disclose certain confidential information that this Court has prohibited from disclosure pursuant to its ethical code of rules of professional conduct....

...Accordingly, the Petitioners contend, the Act violates the separation of powers clause because it encroaches upon this Court’s responsibility to regulate the conduct and discipline of attorneys vested exclusively in this Court pursuant to article V, section 15, of the Florida Constitution. The Act amends section 27.703(1) to state, in relevant part: If, at any time during the representation of a person, the capital collateral regional counsel alleges that the continued representation of that person creates an actual conflict of int...

...This statutory modification reflects that the Legislature intended to define and impose a more stringent conflict standard than that of the prior version of the statute, which required only that CCRC not accept an appointment that created a conflict of interest. See § 27.703, Fla....

...The holding in Holloway demonstrates that an attorney can inform an - 42 - inquiring court of the basis for a conflict of interest without disclosing confidential information. Additionally, we recently evaluated a statute similar to amended section 27.703(a) in Johnson v....

...o permit or require courts to determine whether a conflict of interest is present, and that there is no evidence that such statutes have required an attorney to violate his or her ethical duties with respect to confidentiality. Furthermore, while section 27.703(1) does not contain the limiting language of section 27.5303(1)(a), which explicitly protects confidential communications, amended section 27.703(1) can and must be logically interpreted to require an attorney to make only those disclosures that are required to identify to the court that he or she “actively represents conflicting interests” without divulging confidential...

...with the constitutionally delineated authority of this Court to regulate the ethical conduct of attorneys. See City of Gainesville, 918 So. 2d at 256. Accordingly, we conclude that amended section - 44 - 27.703(1) on its face does not violate article II, section 3, of the Florida Constitution because it does not require the disclosure of confidential information in violation of rule 4-1.6 of the Rules Regulating the Florida Bar....

...presentation for indigent defendants sentenced to death, the CCR was responsible for any costs associated with collateral appeals in capital cases. Id. at 1248. The Williams Court reasoned that since the CCR was directed by statute to pay costs, see section 27.703, the County could not be responsible for them....

...oviding pro bono representation to a death-sentenced person in a postconviction proceeding when CCR was not counsel and the pro bono counsel was not acting as substitute counsel or court-appointed counsel due to a conflict of interest as provided in section 27.703, Florida Statutes (1995)....

...The Attorney General asserts that the Commission is the most appropriate source of funds in view of its statutory duty to provide administrative services and assistance to CCR [5] and the legislative intent that conflict counsel be paid from Commission funds. [6] However, section 27.703 speaks specifically of paying appointed counsel where CCR has a conflict of interest, which is not the situation in the instant case. Thus, by its plain language section 27.703 does not apply here....

...courts. [3] In Moxley, the district court concluded that the attorney fees and costs for conflict counsel representing a noncapital defendant in postconviction proceedings must be borne by the county pursuant to section 43.28. 526 So.2d at 1026. [4] Section 27.703, Florida Statutes (1995), provides: If at any time during the representation of two or more indigent persons, the capital collateral representative shall determine that the interests of those persons are so adverse or hostile that they...

...Appointed counsel shall be paid from dollars appropriated to the Office of the Capital Collateral Representative. This statute was amended in 1996 to provide that such appointed counsel "shall be paid from funds appropriated to the Justice Administrative Commission." § 27.703, Fla....

...1996 amendment of the duties of CCR to include representation of "each person convicted and sentenced to death in this state in collateral postconviction proceedings." § 27.702(2), Fla. Stat. (Supp. 1996). [5] § 43.16(5)(a), Fla. Stat. (1995). [6] § 27.703, Fla....

withdraw or the motions to discharge. Section 27.703(1), Florida Statutes (2013), “places the responsibility

...r a motion to withdraw based on a conflict of interest or some other legal ground. Motions to withdraw filed more than 30 days after the issuance of the mandate shall not be entertained unless based on a specific conflict of interest as set forth in section 27.703, Florida Statutes....

...For instance, Florida brings to our attention many new statutory amendments, effective June 16, 1997, that may impact its "opt-in" status. E.g., Fla. Stat. § 27.701 (establishing three independent Capital Collateral Regional Counsels (CCRCs) instead of one Capital Collateral Representative (CCR)); § 27.703(3) (requiring post-conviction counsel "to have participated in a 6 The district court found, and the parties agree, that Florida does not provide for a "unitary review." See 28 U.S.C....

...or any combination of at least five of such proceedings" prior to court appointment); and § 27.704(1) (requiring full-time assistant capital collateral counsels to be members in good standing of The Florida Bar, have three years of criminal law experience and meet the requirements of section 27.703(3))....

specific conflict of interest as set forth in section 27.703, Florida Statutes. We agree that it would be

specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within 15 days after

...draw based on a conflict of interest or some other legal groundin the trial court. Motions to withdraw filed more than 30 days after the issuance of the mandate shall not be entertained unless based on a specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) [No Change] (4) In every capital postconviction case, one lawyer shall be designated as lead counsel for the defendant....

because such attacks are not permissible. Section 27.703(1), Florida Statutes, permits a sentencing

specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) [No Change] (4) In every

...draw based on a conflict of interest or some other legal groundin the trial court. Motions to withdraw filed more than 30 days after the issuance of the mandate shall not be entertained unless based on a specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) [No Change] (4) In every capital postconviction case, one lawyer shall be designated as lead counsel for the defendant....

appointment procedures set out in Florida Statutes Section 27.703 (1996). That provision provides: If at any

...For instance, Florida brings to our attention many new statutory amendments, effective June 16, 1997, that may impact its “opt-in” status. E.g., Fla. Stat. § 27.701 (establishing three independent Capital Collateral Regional Counsels (CCRCs) instead of one Capital Collateral Representative (CCR)); § 27.703(3) (requiring post- conviction counsel “to have participated in a least five felony jury trials, five felony appeals, or five capital postconviction evidentiary hearings, or any combination of at least five of such proceedings” prior to court appointment); and § 27.704(1) (requiring full-time assistant capital collateral counsels to be members in good standing of The Florida Bar, have three years of criminal law experience and meet the requirements of section 27.703(3))....

...Code). 4  Case: 11-13439 Date Filed: 04/24/2014 Page: 5 of 53 that conducting an investigation in Lugo’s case could endanger members of her family in Colombia. For that reason, and pursuant to Fla. Stat. § 27.703(1), CCRC-Middle Region asked to be permitted to withdraw and for the court to appoint in its place conflict-free registry counsel qualified under Fla....

specific conflict of interest as set forth in section 27.703, Florida Statutes. (3) Within