House Bill hb0697c1

    Florida House of Representatives - 2001              CS/HB 697

        By the Committee on Crime Prevention, Corrections & Safety
    and Representatives Goodlette and Heyman





  1                      A bill to be entitled

  2         An act relating to the judiciary; creating ss.

  3         43.201, 43.202, 43.203, 43.204, 43.205, 43.206,

  4         43.207, 43.208, and 43.209, F.S.; creating the

  5         Capital Case Staff Attorney Program; providing

  6         for statewide distribution of capital case

  7         staff attorneys; providing for assignment,

  8         including assignment to other appellate

  9         districts, as needed; providing for selection,

10         supervision, and duties of such attorneys;

11         prescribing qualifications; providing for

12         costs, expenses, and training; providing

13         reporting; providing an appropriation;

14         providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Section 43.201, Florida Statutes, is

19  created to read:

20         43.201  Creation of Capital Case Staff Attorney

21  Program.--The Capital Case Staff Attorney Program is created

22  in the state's circuit courts to provide legal assistance and

23  expertise to circuit judges presiding over capital cases in

24  which the death penalty is sought to help ensure the orderly,

25  expeditious, and fair resolution of issues presented in such

26  cases in the interest of all parties and the public.

27         Section 2.  Section 43.202, Florida Statutes, is

28  created to read:

29         43.202  Capital case staff attorneys.--In the Capital

30  Case Staff Attorney Program, 15 attorneys are to be provided,

31  three in each appellate district. The positions herein

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    Florida House of Representatives - 2001              CS/HB 697

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  1  allocated are in addition to any positions that may be

  2  allocated to the Florida Supreme Court to assist that court in

  3  the disposition of capital cases.

  4         Section 3.  Section 43.203, Florida Statutes, is

  5  created to read:

  6         43.203  Assignment of capital case staff

  7  attorneys.--Capital case staff attorneys shall be assigned in

  8  each appellate district by the Trial Court Budget Commission.

  9  The chief judge of any circuit in any appellate district may

10  request temporary assignment of a capital case staff attorney

11  from an adjoining appellate district for additional assistance

12  in the trial of capital cases.  Such requests shall be made to

13  the Trial Court Budget Commission and favorable consideration

14  shall be accorded such request, if possible.

15         Section 4.  Section 43.204, Florida Statutes, is

16  created to read:

17         43.204  Duties of capital case staff

18  attorneys.--Specific duties to which capital case staff

19  attorneys may be assigned include:

20         (1)  Assisting assigned judges on issues of fact, law,

21  and procedure in pretrial proceedings, trial and sentencing

22  proceedings, postconviction proceedings, and in any other

23  matter relating to a capital case.

24         (2)  Providing research and drafting assistance when

25  requested.

26         (3)  Attendance at pretrial and postconviction

27  proceedings.

28         (4)  Advising assigned judges concerning matters of

29  case management and developing and maintaining a capital case

30  bench book containing current and relevant capital case

31  decisions from state and federal appellate courts.

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  1         (5)  Any other request for assistance involving a case

  2  when made by the assigned judge.

  3         (6)  Assisting in additional criminal matters of the

  4  circuit court when not needed in capital litigation.

  5         Section 5.  Section 43.205, Florida Statutes, is

  6  created to read:

  7         43.205  Attorney hiring.--The attorneys in the Capital

  8  Case Staff Attorney Program shall be hired by agreement of the

  9  chief judges of the circuits within each appellate district or

10  by a chief judge within said appellate district as designated

11  by the Chief Justice of the Florida Supreme Court.

12         Section 6.  Section 43.206, Florida Statutes, is

13  created to read:

14         43.206  Attorney qualifications.--Attorneys hired into

15  the Capital Case Staff Attorney Program must be members of The

16  Florida Bar and have at least 1 year of professional

17  experience as an attorney.

18         Section 7.  Section 43.207, Florida Statutes, is

19  created to read:

20         43.207  Supervision.--Each capital case staff attorney

21  shall be supervised by the chief judge of the circuit in which

22  he or she is assigned or by such other circuit judge as the

23  chief judge of the circuit may designate. Supervision shall

24  include determining which of multiple pending cases, if such

25  be the case, to which the attorney will be assigned to provide

26  assistance considering applicable factors, including the

27  experience of the trial judge who is trying such case, the

28  anticipated length of trial, and any other factors the chief

29  judge, or his or her designee in that judge's discretion,

30  finds appropriate.

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    Florida House of Representatives - 2001              CS/HB 697

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  1         Section 8.  Section 43.208, Florida Statutes, is

  2  created to read:

  3         43.208  Staff attorney salaries, benefits, and training

  4  costs.--The Supreme Court or its designee shall provide

  5  training for attorneys in the program and may do so in

  6  conjunction with other training programs. Costs and other

  7  expenses shall be paid by the state through appropriations to

  8  the state courts system.

  9         Section 9.  Section 43.209, Florida Statutes, is

10  created to read:

11         43.209  Accountability.--Pursuant to chapter 216, the

12  Supreme Court shall integrate performance reporting of the

13  Capital Case Staff Attorney Program into its performance

14  measurements and associated accountability reports for the

15  trial courts, and shall reflect the Capital Case Staff

16  Attorney Program in its long-range program plan.

17         Section 10.  The sum of $480,000 is appropriated from

18  the General Revenue Fund to the state courts system, Circuit

19  Courts Budget Entity for 6 months' costs and expenses of the

20  Capital Case Staff Attorney Program.  It is the intent of the

21  Legislature that this appropriation be annualized in the

22  following fiscal year.

23         Section 11.  This act shall take effect January 1,

24  2002.

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