5D09-3058 JAC v. Harp

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-3058

Case Date: 12/28/2009

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

JUSTICE ADMINISTRATIVE COMMISSION, Petitioner, v. OSA J. HARP, IV, ESQUIRE, Respondent. ________________________________/ Opinion filed December 31, 2009 Petition for Certiorari Review of Order from the Circuit Court for Citrus County, Sandy K. Kautz, Judge. Christian D. Lake, Assistant General Counsel, The Justice Administrative Commission, Tallahassee, for Petitioner. No appearance for Respondent. Case No. 5D09-3058

ORFINGER, J. The Justice Administrative Commission (JAC) seeks certiorari review of an order requiring it to pay the attorney's fees of a mother's court-appointed private counsel in a termination of parental rights proceeding. Because the mother executed a voluntary written surrender of her parental rights pursuant to section 39.806(1)(a), Florida Statutes (2008), before the termination proceedings were initiated, she was not entitled to publicly-funded counsel. Consequently, the order appointing counsel, and more

specifically, the order requiring the JAC to pay appointed counsel, was error. As a result, we grant the petition and quash the circuit court's order.1 Osa J. Harp, IV, was appointed to represent the mother in a dependency case. While the dependency case was ongoing, the mother voluntarily surrendered her parental rights in writing. The Department of Children and Families then filed a

termination action, and the trial court appointed Mr. Harp to represent the mother. After the termination case was concluded, Mr. Harp petitioned the trial court for fees. The JAC objected, arguing that because the mother voluntarily executed a written surrender of parental rights, she had no right to court-appointed counsel. Nevertheless, the trial court ordered the JAC to pay Mr. Harp a fee for representing the mother during the termination proceeding.2 Section 29.007(2), Florida Statutes (2009), authorizes the JAC to pay attorney's fees to private attorneys appointed by the court to represent indigents or other litigants in civil proceedings that require court-appointed counsel in accordance with state and federal constitutional guarantees or statutes. See also

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