CopyCited 12 times | Published | Supreme Court of Florida | 2002 WL 220616
...tance and requiring immediate resolution by this Court. We have jurisdiction. See art. V, § 3(b)(5), Fla. Const. FACTS Mark Evan Olive is a Florida attorney who routinely represents defendants on death row in postconviction proceedings. Pursuant to section 27.710, Florida Statutes (Supp.1998), ("the Registry Act"), Olive sought appointment through the registry of attorneys who are available to represent defendants in postconviction capital collateral proceedings, and on September 1, 1998, Judge Donald R....
...ry list of attorneys available to represent postconviction defendants. Respondents filed motions to dismiss all counts of the amended complaint, and a memorandum of law asserting, inter alia, that Olive lacked standing to challenge the provisions of section
27.710, section
27.711, or the contract because "he had no contract, no client and no case to pursue." Respondents additionally maintained that the circuit court was without jurisdiction to render a declaratory judgment because the claims wer...
...1st DCA 1991) (concluding that a trial court's decision to grant declaratory relief should be accorded great deference); Kelner v. Woody,
399 So.2d 35, 37 (Fla. 3d DCA 1981) (same). We now proceed to analyze the substance of the claims presented. Capped Fee Schedule In 1998, the Legislature enacted sections
27.710 and
27.711 which, as previously explained, provide for the maintenance of a registry of private attorneys to represent indigent death row defendants in postconviction proceedings, and establish the fee schedule and other guidelines which must be adhered to by these private attorneys, respectively....
...That Makemson and its progeny control this issue is expressly noted in a staff analysis forming part of the legislative history of section
27.711. Specifically, the Staff Analysis to SB 2054, which ultimately became chapter 99-221, Laws of Florida, amending sections
27.710 and
27.711, indicates the following under the heading "Other Constitutional Issues:" Section
27.711(4), F.S., provides for the hourly rate and maximum compensation of registry attorneys....
...Maas from excluding his name from the registry list. The trial court granted the injunction and further indicated in its final order: [R]egardless of whether [Olive] may or may not have been deleted from the list or registry of attorneys eligible for appointment under Sections
27.710 and
27.711, Florida Statutes, [Olive] is entitled not to be excluded from the list or registry, in any shape or form, sent to trial courts pursuant to those sections....
...[13] Indeed, despite the majority's euphemistic characterization that Olive "declined to be limited by the terms of the contract," Olive expressly declined to represent Mungin. He therefore had no contract, no client, no case and no real facts to support his various claims. To the extent Olive believed that sections
27.710 and
27.711 provided for less than adequate compensation, he had no client who could assert that effective representation was impaired. Nor did he have a contract the lower court could construe, as he had refused to sign one. In sum, Olive had no contractual right then in doubt and no legal relationship that was affected by sections
27.710 and
27.711....
...WELLS, C.J., and QUINCE, J., concur. NOTES [1] Prior to initiating this action Olive had filed an earlier petition, in October 1998, before his appointment was revoked, seeking to invoke this Court's all writs jurisdiction and challenging the constitutionality of sections
27.710 and
27.711, Florida Statutes (Supp....
...[2] Maas contends that he should not be a party in this case because pursuant to chapter 2000-3, Laws of Florida, he is no longer responsible for managing the contract in question. Instead, that responsibility was shifted, effective January 14, 2000, to the Comptroller. See § 27.710(4), Fla. Stat. (2000). Mr. Olive, on the other hand, asserts that Mr. Maas should still be a party in this case because he is responsible for maintaining the registry of available attorneys. See § 27.710(1), Fla....
...The objectionable statutory limitations upon avenues of advocacy and financial consideration were clearly delineated within this non-negotiable document. [7] The fee schedule is as follows: (4) Upon approval by the trial court, an attorney appointed to represent a capital defendant under s. 27.710 is entitled to payment of the following fees by the Comptroller: (a) Regardless of the stage of postconviction capital collateral proceedings, the attorney is entitled to $100 per hour, up to a maximum of $2,500, after accepting appointment and filing a notice of appearance....
...This payment shall be full compensation for representing the capital defendant throughout the certiorari proceedings before the United States Supreme Court. The hours billed by a contracting attorney under this subsection may include time devoted to representation of the defendant by another attorney who is qualified under s. 27.710 and who has been designated by the contracting attorney to assist him or her....
...The Court held that the federal government could not insulate its laws from judicial scrutiny in such a way. See id. at 1051. The situation in this case is far different from that which the Court reviewed in Velazquez; there is no prohibition in sections
27.710 or
27.711 which would prohibit a registry attorney from making a good faith argument challenging the validity of a statute. [10] Olive's challenge relates to section
27.711(10), Florida Statutes (Supp.1998) (currently §
27.711(11), Fla. Stat. (2000)), which indicates: An attorney appointed under s.
27.710 to represent a capital defendant may not represent the capital defendant during a retrial, a resentencing proceeding, a proceeding commenced under chapter 940 [executive clemency], a proceeding challenging a conviction or sentence other tha...
...cate hypothetical ethical conflicts that might never occur even if Olive did represent Anthony Mungin. I note, however, that if and when actual disputes arise which require the interpretation of a signed contract for appointment as registry counsel, section
27.710, or section
27.711, courts will be available to address and resolve bona fide issues....
CopyCited 6 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 53, 2006 Fla. LEXIS 35, 2006 WL 176748
...Substitution of private counsel for a state agency can be especially problematic if it occurs at or near the time a death warrant is signed. A related concern is a loss in accountability when a state agency is replaced by private counsel. Only one registry attorney, often a solo practitioner, is assigned to each case. See § 27.710(6), Fla....
...Thus, there is institutional accountability to the Court for postconviction representation. Although it will be difficult for an auditor to measure effectiveness, quality of representation is a significant concern in a system staffed solely by counsel who are willing to sign up for the registry, knowing its fee caps. Under section
27.710(3), Florida Statutes (2005), attorneys who join the registry must agree to abide by its terms and conditions, including the ceilings on fees in section
27.711(4), Florida Statutes (2005)....
...By signing such contract, the attorney certifies that he or she intends to continue the representation under the terms and conditions set forth in the contract until the sentence is reversed, reduced, or carried out or until released by order of the trial court. § 27.710(4), Fla....
...As we have noted, "virtually every postconviction appeal filed in this Court since Ring invokes that case." Johnson v. State,
904 So.2d 400, 406 (Fla.2005). Thus, assuming the attorney studied legal developments related to capital cases, as the statute requires registry counsel to do, see §
27.710(1), Fla....
...In both Sweet v. State,
880 So.2d 578 (Fla.2004), and Ferrell v. State,
880 So.2d 578 (Fla.2004), we approved trial court appointments of registry counsel rather than the defendants' former CCRC-North counsel, but remanded for the findings required by section
27.710(5), Florida Statutes (2003)....
CopyCited 5 times | Published | District Court, M.D. Florida | 2006 U.S. Dist. LEXIS 68770, 2006 WL 2729646
...In Florida, there are Capital Collateral Regional Counsel and a statewide system of Registry attorneys in private practice who may be appointed to represent persons convicted and sentenced to death in postconviction collateral proceedings. §
27.702(1), Fla. Stat.; §
27.710(1), Fla....
...In support of this argument, Petitioner has submitted an Affidavit by Mr. Morrow, stating in pertinent part: I am an attorney authorized to practice law in the State of Florida. I am a member of the statewide registry of private attorneys qualified for capital collateral representation pursuant to 27.710, Florida Statutes....
...In Florida, there are Capital Collateral Regional Counsel and a statewide system of Registry attorneys in private practice who may be appointed to represent persons convicted and sentenced to death in postconviction collateral proceedings. See §
27.702(1), Fla. Stat.; §
27.710(1), Fla....
...3:05cv147-J-32 for the previously-stated reason. See Section I. at 1 n. 2. [5] The Court hereinafter refers to the Respondents' Exhibits, filed on April 23, 2004, as "Ex." [6] Mr. Morrow is a Registry attorney listed by the Commission on Capital Cases of the State of Florida. See § 27.710, Fla....
...ings. See Motion for Leave to Proceed In Forma Pauperis (Doc. # 1), filed May 14, 2003. [10] At the July 1, 2004, hearing, Mr. Morrow acknowledged that he is a Registry attorney listed by the Commission on Capital Cases of the State of Florida ( see § 27.710, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 2007 WL 4142744
...Once again, we see an expression of intent to provide counsel only in capital postconviction proceedings. The Legislature also has established a registry of private attorneys to represent persons in postconviction capital collateral proceedings. See § 27.710, Fla....
...postconviction proceedings). Section
27.711, Florida Statutes, establishes the terms and conditions of appointment of attorneys as counsel in postconviction capital collateral proceedings. In particular, section
27.711(1)(c) provides that as used in section
27.710 and in section
27.711, the term "postconviction capital collateral proceedings" is defined as follows: "Postconviction capital collateral proceedings" means one series of collateral litigation of an affirmed conviction and sentence of...
...ollateral litigation. §
27.711(1)(c), Fla. Stat. (2002). Moreover, section
27.711(11) limits the authority of registry counsel in much the same way that CCRC representation is limited by section
27.7001 as set out above: An attorney appointed under s.
27.710 to represent a capital defendant may not represent the capital defendant during a retrial, a resentencing proceeding, a proceeding commenced under chapter 940, a proceeding challenging a conviction or sentence other than the conviction and...
CopyCited 3 times | Published | Supreme Court of Florida | 2008 WL 4346431
...and, upon judicial approval, receive compensation in excess of the statutory fee schedule, despite the language to the contrary *199 in section
27.7002, Florida Statutes (2007). FACTUAL AND PROCEDURAL HISTORY The Florida Legislature enacted sections
27.710 and
27.711 of the Florida Statutes in 1998, creating a statewide registry of attorneys who possessed certain minimum qualifications and who were willing to enter into a contract to represent defendants in capital collateral proceedings. See Ch. 98-197, §§ 3-4, at 1741-45, Laws of Fla. (codified as §§
27.710-27.711, Fla....
...When the State sought to have counsel from the Capital Collateral Regional Counsel-North office appointed for Dougan, the circuit judge denied the motion, concluding that Olive should remain as counsel. The judge also ordered the Chief Financial Officer to send Olive a contract to represent Dougan pursuant to section 27.710(4) of the Registry Act....
...he amended Registry Act. The facts that supported Olive's standing in Olive I included: his appointment as registry counsel to represent a death-sentenced inmate in postconviction proceedings; the demand that *202 he execute the contract required by section 27.710(4), the terms of which he was challenging; and the need for expeditious resolution of issues raised in Olive's complaint below....
...In conclusion, I would reverse the decision of the circuit court and remand the case with directions that a judgment be entered declaring that attorney fees in postconviction capital cases are to be in accord with section
27.7002(5), Florida Statutes (2002). BELL, J., and CANTERO, Senior Justice, concur. NOTES [1] Section
27.710(4) requires private attorneys appointed to represent capital defendants to enter into a contract with the Chief Financial Officer. The contract specifies terms and conditions of representation consistent with the statutory provisions of the Registry Act. [2] Pursuant to section
27.710(1), the director of the Commission on Capital Cases compiles and maintains the statewide registry of attorneys....
...ovided counsel pursuant to any provision of this chapter, to challenge in any form or manner the adequacy of the collateral representation provided. (2) With respect to counsel appointed to represent defendants in collateral proceedings pursuant to ss.
27.710 and
27.711, the sole method of assuring adequacy of representation provided shall be in accordance with the provisions of s.
27.711(12). (3) No provision of this chapter shall be construed to generate any right on behalf of any attorney appointed pursuant to s.
27.710, or seeking appointment pursuant to s.
27.710, to be compensated above the amounts provided in s.
27.711. (4) No attorney may be appointed, at state expense, to represent any defendant in collateral legal proceedings except as expressly authorized in this chapter. (5) The use of state funds for compensation of counsel appointed pursuant to s.
27.710 above the amounts set forth in s.
27.711 is not authorized. (6) The executive director of the Commission on Capital Cases is authorized to permanently remove from the registry of attorneys provided in ss.
27.710 and
27.711 any attorney who seeks compensation for services above the amounts provided in s....
