5D11-83 Justice v. A. Kathleen McNeilly

State: Florida

Court: Florida Fifth District Court

Docket No: 5D11-83

Case Date: 04/11/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

JUSTICE ADMINISTRATIVE COMMISSION, Petitioner, v. A. KATHLEEN McNEILLY, ESQUIRE, Respondent. ________________________________/ Opinion filed April 15, 2011 Petition for Certiorari Review of Order from the Circuit Court for Volusia County, Hubert Grimes, Judge. Christian D. Lake, Assistant General Counsel, The Justice Administrative Commission, Tallahassee, for Petitioner. A. Kathleen McNeilly of A. Kathleen McNeilly & Associates, P.A., DeLand, for Respondent. Case No. 5D11-83

EVANDER, J. The Justice Administrative Commission (JAC) seeks certiorari review of an order requiring it to pay the attorney fees of a mother's court-appointed private counsel in a termination of parental rights proceeding. The record reflects that counsel was

appointed after the mother had executed a voluntary written surrender of her parental

rights.1 Pursuant to section 39.807(1), Florida Statutes (2010),2 the mother was not entitled to publicly-funded counsel. Justice Admin. Comm'n v. Harp, 24 So. 3d 779 (Fla. 5th DCA 2009); see also Justice Admin. Comm'n v. Goettel, 32 So. 3d 786 (Fla. 2d DCA 2010). Because the mother was not entitled to appointed counsel, JAC was not obligated to pay counsel's fees.

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