Monday, September 17, 2007

It seems the crim defense guys are going to sue

Here's some interesting news:

The Florida Association of Criminal Defense Lawyers has written to Attorney General Bill McCollum asking him to reverse the appointment of five new "conflict counsel" lawyers, who are meant to create a second public defender system.

In his letter, A. Russell Smith, president of the Florida Association of Criminal Defense Lawyers, takes issue with several aspects of the new law creating the conflict counsels and lowering the fee cap for court-appointed lawyers.

Smith said that the law states that the conflict counsels are another type of public defender. Public defenders are elected every four years, not appointed, Smith said.
In Smith's letter, he asks that McCollum file the petition quickly. "The Act is rapidly precipitating a crisis in the delivery of competent legal services to indigent Floridians who have been accused of crimes. It has become obvious to everyone with the criminal justice system that it simply will not work."

Smith also said, "I hope that you will provide me with a written answer pertaining to this issue quickly, so that our Association may take independent action if your office declines to pursue this important Constitutional issue."
Hm. I tend to think the way to go is to educate the public, make our issue as sympathetic as possible given the subject matter, and stand willing to take up the slack when, as I predict, the new system just doesn't work. The crim defense guys seem ready to take the whole thing to court.

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