Post by CCADP on Apr 13, 2006 7:02:26 GMT -5
A matter of law and death
As much as Gov. Jeb Bush and the Legislature would like to provide death
row inmates with representation on the cheap, Florida courts are nobly
standing in the way. The latest ruling by a circuit court in Leon County
rejects an attempt by lawmakers to punish lawyers who provide their
clients with legal assistance beyond a set number of compensated hours. It
is a victory for due process and the proper administration of justice.
If this state has learned anything through the multiple exonerations of
prisoners through DNA evidence, it is that the criminal justice system is
fallible. Providing additional due process before taking a prisoner's life
helps ensure that the right person was convicted and the procedure was
fair.
But for years the governor has tried to find ways to handicap the
attorneys who do post-conviction death penalty appeals. He and Republican
lawmakers have been frustrated by the success rate of the state offices of
Capital Collateral Regional Counsel in suspending executions and getting
death sentences set aside due to faulty process.
In 2003, Bush engineered the closure of one of the three highly
specialized CCRC offices, replacing it with a list of private lawyers who
generally had little experience handling death row appeals. The attorneys
who signed up to be on the registry had to promise to limit their
representation to 840 compensated hours. It was a figure that didn't come
close to the number of hours that an average death penalty case requires,
which was closer to 3,000. The idea was to provide a lawyer, but not a
very good one. Last year, Florida Supreme Court Justice Raoul Cantero
described the legal work of the registry lawyers as "the worst lawyering
I've seen."
The cap on fees was a clear attempt to keep attorneys from providing their
clients with the full defense they are entitled to and was soon abrogated
by the Florida Supreme Court. But not to be outmaneuvered, the Legislature
came right back and adjusted the law to bar any attorney who requested
fees above the stated maximums from remaining on the state registry. Late
last month, Leon Circuit Judge Terry Lewis set aside that provision, too.
There is no reason for the state to appeal this latest ruling. Florida
courts are not going to allow the Legislature to direct attorneys to
violate their professional responsibilities toward their clients.
Experience has demonstrated that post-conviction death penalty work is
most effectively handled by lawyers who specialize in the practice. To its
credit, the Legislature is considering legislation (H.B. 325, C.S./S.B.
360) to substantially raise the minimum standards for all registry
attorneys. Still, the CCRC model serves justice and Florida's court system
best. The state should reopen the office that was closed.
(source: Editorial, St. Petersburg Times)
As much as Gov. Jeb Bush and the Legislature would like to provide death
row inmates with representation on the cheap, Florida courts are nobly
standing in the way. The latest ruling by a circuit court in Leon County
rejects an attempt by lawmakers to punish lawyers who provide their
clients with legal assistance beyond a set number of compensated hours. It
is a victory for due process and the proper administration of justice.
If this state has learned anything through the multiple exonerations of
prisoners through DNA evidence, it is that the criminal justice system is
fallible. Providing additional due process before taking a prisoner's life
helps ensure that the right person was convicted and the procedure was
fair.
But for years the governor has tried to find ways to handicap the
attorneys who do post-conviction death penalty appeals. He and Republican
lawmakers have been frustrated by the success rate of the state offices of
Capital Collateral Regional Counsel in suspending executions and getting
death sentences set aside due to faulty process.
In 2003, Bush engineered the closure of one of the three highly
specialized CCRC offices, replacing it with a list of private lawyers who
generally had little experience handling death row appeals. The attorneys
who signed up to be on the registry had to promise to limit their
representation to 840 compensated hours. It was a figure that didn't come
close to the number of hours that an average death penalty case requires,
which was closer to 3,000. The idea was to provide a lawyer, but not a
very good one. Last year, Florida Supreme Court Justice Raoul Cantero
described the legal work of the registry lawyers as "the worst lawyering
I've seen."
The cap on fees was a clear attempt to keep attorneys from providing their
clients with the full defense they are entitled to and was soon abrogated
by the Florida Supreme Court. But not to be outmaneuvered, the Legislature
came right back and adjusted the law to bar any attorney who requested
fees above the stated maximums from remaining on the state registry. Late
last month, Leon Circuit Judge Terry Lewis set aside that provision, too.
There is no reason for the state to appeal this latest ruling. Florida
courts are not going to allow the Legislature to direct attorneys to
violate their professional responsibilities toward their clients.
Experience has demonstrated that post-conviction death penalty work is
most effectively handled by lawyers who specialize in the practice. To its
credit, the Legislature is considering legislation (H.B. 325, C.S./S.B.
360) to substantially raise the minimum standards for all registry
attorneys. Still, the CCRC model serves justice and Florida's court system
best. The state should reopen the office that was closed.
(source: Editorial, St. Petersburg Times)