Senate Bill sb0610

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 610

    By Senator Campbell





    32-720-04

  1                      A bill to be entitled

  2         An act relating to attorneys who represent

  3         persons in postconviction capital collateral

  4         proceedings; amending s. 27.710, F.S.;

  5         requiring an attorney who applies to represent

  6         persons in postconviction capital collateral

  7         proceedings to certify that he or she is not

  8         currently representing more than nine persons

  9         in such proceedings; amending s. 27.711, F.S.;

10         directing that an attorney may not represent

11         more than 10 persons in postconviction capital

12         collateral proceedings at any one time;

13         providing an effective date.

14  

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

16  

17         Section 1.  Subsection (3) of section 27.710, Florida

18  Statutes, is amended to read:

19         27.710  Registry of attorneys applying to represent

20  persons in postconviction capital collateral proceedings;

21  certification of minimum requirements; appointment by trial

22  court.--

23         (3)  An attorney who applies for registration and court

24  appointment as counsel in postconviction capital collateral

25  proceedings must certify that he or she is counsel of record

26  in not more than nine four such proceedings and, if appointed

27  to represent a person in postconviction capital collateral

28  proceedings, shall continue such representation under the

29  terms and conditions set forth in s. 27.711 until the sentence

30  is reversed, reduced, or carried out or unless permitted to

31  withdraw from representation by the trial court. The court may

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 610
    32-720-04




 1  not permit an attorney to withdraw from representation without

 2  a finding of sufficient good cause. The court may impose

 3  appropriate sanctions if it finds that an attorney has shown

 4  bad faith with respect to continuing to represent a defendant

 5  in a postconviction capital collateral proceeding. This

 6  section does not preclude the court from reassigning a case to

 7  a capital collateral regional counsel following

 8  discontinuation of representation if a conflict of interest no

 9  longer exists with respect to the case.

10         Section 2.  Subsection (9) of section 27.711, Florida

11  Statutes, is amended to read:

12         27.711  Terms and conditions of appointment of

13  attorneys as counsel in postconviction capital collateral

14  proceedings.--

15         (9)  An attorney may not represent more than 10 five

16  defendants in capital postconviction litigation at any one

17  time.

18         Section 3.  Effective July 1, 2004, subsection (9) of

19  section 27.711, Florida Statutes, as amended by section 88 of

20  chapter 2003-399, Laws of Florida, is amended to read:

21         27.711  Terms and conditions of appointment of

22  attorneys as counsel in postconviction capital collateral

23  proceedings.--

24         (9)  An attorney may not represent more than 10 five

25  capital defendants at any one time.

26         Section 4.  Except as otherwise expressly provided in

27  this act, this act shall take effect upon becoming a law.

28  

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                   SB 610
    32-720-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires counsel applying to represent persons in
      postconviction capital collateral proceedings to certify
 4    that he or she is not currently representing more than
      nine persons in such proceedings. Directs that counsel
 5    may not represent more than 10 persons in postconviction
      capital collateral proceedings at any one time.
 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.