SC08-2 – Charles J. Crist, Jr., Et Al. v. Florida Association Of Criminal Defense Lawyers, Inc.

State: Florida

Docket No: SC08-2

Case Date: 01/10/2008

Preview:Supreme Court of Florida
____________ No. SC08-02 ____________ CHARLES J. CRIST, JR., et al., Appellants, vs. FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, INC., Appellee. [March 13, 2008] PARIENTE, J. The issue in this case is whether the Legislature violated article V, section 18 of the Florida Constitution by enacting chapter 2007-62, Laws of Florida, which creates five Offices of Criminal Conflict and Civil Regional Counsel to handle representation in criminal cases where a public defender has a conflict. We conclude that the creation of the five regional offices to handle representation in criminal cases where a public defender has a conflict does not implicate article V, section 18, which requires that the public defender in each circuit be elected. The legislative scheme is an organizational structure that supplants the prior system of private registry counsel and does not establish de facto public defenders in

violation of the constitution. For these reasons, we reverse the trial court's grant of a petition for writ of quo warranto and conclude that the Legislature did not act in contravention to article V, section 18 by enacting the legislation.1 FACTS AND PROCEDURAL HISTORY We begin with an outline of the legislation that is currently under attack. On May 24, 2007, the Legislature enacted chapter 2007-62, Laws of Florida (the "Act"), creating a revamped system of court-appointed counsel to represent indigent defendants primarily in those cases in which the public defender has a conflict. The Act establishes five Offices of Criminal Conflict and Civil Regional Counsel ("OCCCRC") to be located within the geographic boundaries of each of the five district courts of appeal.

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