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Case Name Florida Association of Criminal Defense Lawyers (FACDL) v. Florida PD-FL-0002
Docket / Court 2007 CA 2898 ( State Court )
State/Territory Florida
Case Type(s) Indigent Defense
Case Summary
On May 24, 2007, the Governor of Florida signed into law the Act set forth in CS/SB 1088, Ch. 2007-62, Laws of Fla. ("the Act"). The Act provided for the establishment of five Offices of Criminal Conflict and Civil Regional Counsel (OCCCRCs) which would be responsible for handling a majority of ... read more >
On May 24, 2007, the Governor of Florida signed into law the Act set forth in CS/SB 1088, Ch. 2007-62, Laws of Fla. ("the Act"). The Act provided for the establishment of five Offices of Criminal Conflict and Civil Regional Counsel (OCCCRCs) which would be responsible for handling a majority of criminal conflict cases as well as certain civil cases on behalf of indigent clients. The Act further provided that the Offices were to be directed by five Criminal Conflict and Civil Regional Counsel (CCCRC) which would be appointed by the Governor and confirmed by the Senate. Pursuant to the Act, the Governor appointed the five CCCRC on August 21, 2007.

On September 11, 2007, the Florida Association of Criminal Defense Lawyers (FACDL) wrote the State Attorney General to assert that the Act was violative of the State Constitution and to request that the Attorney General initiate a petition for writ quo warranto (a means of enforcing a public right) on FACDL's behalf in the Florida Supreme Court. By letter dated September 17, 2007, the Attorney General denied FACDL's request.

On September 20, 2007, FACDL filed suit in the Supreme Court of Florida seeking a writ of quo warranto against the Governor, the Senate, the Secretary of State, and the five CCCRC appointed by the Governor. FACDL alleged that the Act violated the State Constitution in that it effectively established a second-tier of public defenders without satisfying the Constitutional requirements that such defenders (a) be elected and (b) reside in the territorial jurisdiction of the circuit in which they work. Specifically, FACDL noted that, under the Act, each CCCRC (a) would be appointed rather than elected and (b) would reside within the geographic boundaries of the District Court of Appeals rather than each circuit. On these grounds, FACDL requested that the Supreme Court issue a writ of quo warranto (a) declaring the Act void as violative of the Florida Constitution; (b) quashing the Governor's appointments of the five CCCRC under the Act; (c) enjoining the Senate from confirming the five CCCRC; and (d) enjoining the five CCCRC from performing any duties under the Act.

On October 30, 2007, the Circuit Court of the Second Judicial Circuit in and for Leon County (Judge P. Kevin Davey) issued a writ of quo warranto and directed the Defendants to show cause as to why such relief should not be granted.

After holding a December 19, 2007 hearing, the Circuit Court issued a December 20, 2007 order granting Plaintiff's petition for writ of quo warranto. Concluding that the Act failed to abide by the State Constitution, the Circuit Court granted the requested relief by (a) quashing the Governor's appointments; (b) enjoining the Secretary of State from submitting certificates of appointment to the Senate; (c) enjoining the Senate from confirming the CCCRC; and (d) enjoining the CCCRC from performing their duties under the Act.

On December 20, 2007, the same day that the Circuit Court's order was issued, the Defendants filed their notice of appeal to the First District Court of Appeal. Pursuant to Florida Rule of Appellate Procedure 9.310, an automatic stay of the December 20 order went into effect.

On January 8, 2008, Plaintiff FACDL filed a motion to dissolve the automatic stay. The Circuit Court (Judge Davey) conducted an expedited hearing on the motion on January 9, 2008. On January 11, 2008, the Circuit Court (Judge Davey) issued an order lifting the automatic stay. In issuing this order, the Circuit Court noted that Defendants had not demonstrated a likelihood of prevailing on their appeal and that, absent dissolution of the stay, more taxpayer money could be spent on the constitutionally infirm OCCCRC system created by the Act. The Circuit Court also recognized, however, that immediately lifting the stay could harm the Due Process rights of indigent defendants already being represented by the OCCCRC and could also harm those lawyers and staff who left other employment in order to take positions with the OCCCRC. In light of these competing concerns, the Circuit Court ordered that the OCCCRC be enjoined from continuing to operate with the exception that the OCCCRC could continue to represent clients in criminal appointments made through January 18, 2008 and civil appointments made through January 31, 2008.

Vidhya Reddy - 02/04/2008


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Issues and Causes of Action
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Issues
None on record
Causes of Action State law
Defendant(s) State of Florida
Plaintiff Description The Florida Association of Criminal Defense Lawyers, Inc. is a not-for-profit organization of Florida criminal defense lawyers.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement

Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Indigent Defense Reform: The Role of Systemic Litigation in Operationalizing the Gideon Right to Counsel
Written: May. 07, 2007
By: Vidhya K. Reddy (Washington University in St. Louis)
[ Detail ] [ PDF ]

  Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel.
Written: Apr. 14, 2009
By: National Right to Counsel Committee (The Constitution Project)
Citation: National Right to Counsel Committee, Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel (2009)
[ Detail ] [ PDF ] [ External Link ]

  Securing Reasonable Caseloads: Ethics and Law in Public Defense
By: Norman Lefstein (Indiana University--Indianapolis)
Citation: (ABA 2011)
[ Detail ] [ External Link ]

  The Third Generation of Indigent Defense Litigation
New York University Review of Law and Social Change
By: Cara Drinan (Columbus School of Law, Catholic University)
Citation: 33 N.Y.U. Rev. L. & Soc. Change 427 (2009)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Re: Request to Initiate Action in Quo Warranto 09/17/2007
PD-FL-0002-0001.pdf | Detail
Petition for Writ of Quo Warranto 09/20/2007
PD-FL-0002-0002.pdf | Detail
Appendix to Petition for Writ of Quo Warranto 09/20/2007
PD-FL-0002-0003.pdf | Detail
Order Directing State to Show Cause Why Writ for Quo Warranto Should not be Granted 10/30/2007
PD-FL-0002-0004.pdf | Detail
Order Granting Petition for Writ of Quo Warranto 12/20/2007 (2007 WL 6364299)
PD-FL-0002-0005.pdf | WESTLAW | Detail
State's Notice of Appeal 12/20/2007
PD-FL-0002-0006.pdf | Detail
Order Granting in Part Motion to Lift Automatic Stay of Injunctive Order 01/11/2008 (2008 WL 827841)
PD-FL-0002-0007.pdf | WESTLAW | Detail
Judges Davey, P. Kevin (State Trial Court)
PD-FL-0002-0004 | PD-FL-0002-0005 | PD-FL-0002-0006 | PD-FL-0002-0007
Monitors/Masters None on record
Plaintiff's Lawyers Doss, D Todd (Florida)
PD-FL-0002-0002 | PD-FL-0002-0006
Rudenstine, Sonya (Florida)
PD-FL-0002-0002 | PD-FL-0002-0005 | PD-FL-0002-0006
Smith, A. Russell (Florida)
PD-FL-0002-0001 | PD-FL-0002-0003
Defendant's Lawyers Hubener, Louis F. (Florida)
PD-FL-0002-0005 | PD-FL-0002-0006
Makar, Scott D (Florida)
PD-FL-0002-0006
Other Lawyers McCollum, Bill (Florida)
PD-FL-0002-0001 | PD-FL-0002-0003 | PD-FL-0002-0006

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