Senate Bill sb0842c1

    Florida Senate - 2001                            CS for SB 842

    By the Committee on Criminal Justice and Senator Campbell





    307-1554-01

  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, 43.209, F.S.; creating the

  5         Capital Case Staff Attorney Program; providing

  6         for statewide distribution of capital case

  7         staff attorneys; prescribing qualifications;

  8         providing for selection, supervision, and

  9         duties of such attorneys; providing for payment

10         of costs and expenses; providing for training;

11         providing for assignment of such attorneys;

12         providing reporting; providing an

13         appropriation; providing an effective date.

14

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

16

17         Section 1.  Section 43.201, Florida Statutes, is

18  created to read:

19         43.201  Creation of Capital Case Staff Attorney

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

21  in the state's circuit courts to provide to circuit judges

22  presiding over capital cases in which the death penalty is

23  sought legal assistance and expertise to help ensure the

24  orderly, expeditious, and legally correct resolution of issues

25  presented in such cases in the interest of all parties and the

26  public.

27         Section 2.  Section 43.202, Florida Statutes, Florida

28  Statutes, is created to read:

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

30  Case Staff Attorney Program, 25 attorneys are to be provided.

31  Each of the state's twenty judicial circuits shall be

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    Florida Senate - 2001                            CS for SB 842
    307-1554-01




  1  allocated at least one attorney. The Florida Supreme Court

  2  shall develop and administer an allocation formula to assign

  3  additional capital case staff attorneys to the circuits based

  4  on the volume of capital case litigation in the circuits and

  5  the availability of other court resources.

  6         Section 3.  Section 43.203, Florida Statutes, is

  7  created to read:

  8         43.203  Attorney hiring.--The attorneys in the Capital

  9  Case Staff Attorney Program shall be selected by the chief

10  judge of the circuit to which such positions are allocated.

11         Section 4.  Section 43.204, Florida Statutes, is

12  created to read:

13         43.204  Attorney qualifications.--Attorneys hired into

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

15  Florida Bar and have at least 1 year of professional

16  experience as an attorney.

17         Section 5.  Section 43.205, Florida Statutes, is

18  created to read:

19         43.205  Supervision.--Each capital case staff attorney

20  must be supervised by the chief judge of the circuit in which

21  he or she is employed or assigned or such other circuit judge

22  as the presiding judge designates. Supervision includes

23  determining which of the multiple pending cases, if such be

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

25  assistance considering applicable factors, including the

26  experience of the trial judge who is trying such cases, the

27  anticipated length of trial or other proceeding, and any other

28  factors the chief judge, in his or her discretion, finds

29  appropriate.

30         Section 6.  Section 43.206, Florida Statutes, is

31  created to read:

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    Florida Senate - 2001                            CS for SB 842
    307-1554-01




  1         43.206  Duties of capital case staff

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

  3  attorneys may be assigned include:

  4         (1)  Assisting assigned judges on issue of fact, law,

  5  and procedure in pre-trial proceedings, trial and sentencing

  6  proceedings, post-conviction proceedings, and in any other

  7  matter relating to a capital case.

  8         (2)  Providing research and drafting assistance when

  9  requested.

10         (3)  Attendance at pre-trial and post-conviction

11  proceedings.

12         (4)  Advising assigned judges concerning matters of

13  case management and developing and maintaining a capital-case

14  bench book containing current and relevant capital-case

15  decisions from state and federal appellate courts.

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

17  when made by the assigned judge.

18         (6)  Assisting in additional criminal matters of the

19  circuit court when not needed for capital litigation.

20         Section 7.  Section 43.207, Florida Statutes, is

21  created to read:

22         43.207  Staff attorney salaries, benefits, and training

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

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

25  conjunction with other training programs. All costs and

26  expenses shall be paid by the state through appropriations to

27  the State Courts System.

28         Section 8.  Section 43.208, Florida Statutes, is

29  created to read:

30         43.208  Assignment of capital case staff attorneys.--A

31  chief judge of a circuit may temporarily assign a capital case

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    Florida Senate - 2001                            CS for SB 842
    307-1554-01




  1  staff attorney to another circuit upon the request of the

  2  chief judge of that circuit.

  3         Section 9.  Section 43.209, Florida Statutes, is

  4  created to read:

  5         43.209  Accountability.--Pursuant to chapter 216, the

  6  Supreme Court shall integrate performance reporting of the

  7  Capital Case Staff Attorney Program into its performance

  8  measurements and associated accountability reports for the

  9  trial courts, and shall reflect the Capital Case Staff

10  Attorney Program in its Long Range Program Plan.

11         Section 10.  The sum of $1,600,000 is appropriated from

12  the General Revenue Fund to the State Courts System, Circuit

13  Courts Budget Entity for costs and expenses of the Capital

14  Case Staff Attorney Program.

15         Section 11.  This act shall take effect July 1, 2001.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 842

19

20  -     Provides a staff attorney to each circuit (20); the
          additional five attorneys provided for in the CS are to
21        be assigned by the Florida Supreme Court based on an
          allocation formula.
22
    -     The salary specifications set forth in the original bill
23        are not included in the CS, although as a practical
          matter, based on the budget allocation, the anticipated
24        salary and benefits should not change.

25  -     The Commission on Capital Cases is not designated as the
          entity that will provide training to the staff attorneys
26        in the CS; the Florida Supreme Court or its designee
          will have that task.
27
    -     The potential for a staff attorney to be assigned to
28        assist in other criminal matters of the circuit court
          when not needed on capital matters exists in the CS.
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