Rule creates list of attorneys banned from taking conflict cases
Each circuit chief judge must create a list of private lawyers who may not be appointed in criminal conflict cases where defendants are charged with capital crimes under a new procedural rule approved by the Supreme Court.
The court on April 1 approved with minor changes amendments to Criminal Procedural Rule 3.112 recommended by the Criminal Procedure Rules Committee.
The rule implements a change made to F.S. §27.7045 by the Legislature last year. That law prevents an attorney from being appointed as a conflict counsel in a capital case either for trial or appeal if that attorney has twice within a five-year period had a court determine in a capital postconviction proceeding that the attorney provided “constitutionally deficient representation” that resulted in relief being granted.
The court’s action created new subdivision (d)(3) to Rule 3.112 which reads: “The chief judge for each circuit shall maintain a list of counsel who are disqualified to provide capital case representation pursuant to section 27.7045, Florida Statutes, and such list and any amendments thereto shall be forwarded to the chief judge of every other circuit.”
The change is effective on July 1. The court acted in In re: Amendments to Florida Rule of Criminal Procedure 3.112, Case No. SC20-1563.
