5D08-3489, 5D08-3490, 5D08-3491 5D08-3989 Deen v. Wilson

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-3489,

Case Date: 01/26/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

JEFFREY DEEN, REGIONAL COUNSEL, etc., et al., Petitioners, v.
Case Nos. 5D08-3489, 5D08-3490, 5D08-3491, and 5D08-3989 CORRECTED OPINION

ISSAC DENSIL WILSON, JOSEPH LAMONT JACKSON, STEPHEN TERRY and JEFFREY R. MALDONADO, Respondents. _______________________________________/ Opinion filed January 30, 2009. Petition for Certiorari Review of Order from the Circuit Court for Brevard County, David Dugan, James H. Earp, and George W. Maxwell III, Judges. Barbara A. Eagan of Eagan Appellate Law, PL, Orlando, for Petitioners. No Appearance for Respondents.

PLEUS, R., Senior Judge. This action involves four petitions for writ of certiorari which have been consolidated as raising the same issue. That issue concerns whether the Fifth District's Office of Criminal Conflict and Civil Regional Counsel (Regional Counsel) is subject to appointment for indigent defendants in post-conviction proceedings. We answer the

question in the negative and accordingly, grant the writ and quash the orders appointing Regional Counsel and denying Regional Counsel's motions to withdraw in each case. Petitioner, Regional Counsel Jeffrey Deen, seeks a writ of certiorari or alternatively, a writ of prohibition. In each of the underlying Brevard County cases, Regional Counsel filed a motion to withdraw from representing a defendant in a Rule 3.850 post-conviction proceeding. Regional Counsel argues that the circuit court orders appointing Regional Counsel and the orders denying his motions to withdraw constitute a departure from the essential requirements of law. In 2007, the Legislature created the Offices of Criminal Conflict and Civil Regional Counsel. The Legislature expressed its intent to provide adequate

representation to persons entitled to court-appointed counsel, and to provide adequate representation in a fiscally sound manner while safeguarding constitutional principles. An Office of Criminal Conflict and Civil Regional Counsel was created within the geographic boundaries of each of the five district courts of appeal. See

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