The Regional Counsel law is unconstitutional

Merry Christmas. I mean that. Even if you don't celebrate that particular holiday, we at DependencyDefense.com wish you a Merry Christmas. Have a great day.

It's been a long, busy month, and there's much more to come. There won't be much blogging here in the next week or so, but I can pass this along:

The FACDL quo warranto writ has prevailed. An appeal has already been filed, so much is up in the air.

But the FACL quo warranto writ has prevalied, so Merry Christmas.

So, here's the lowdown. First, in case the link above doesn't work, here's a pdf of Judge Davey's order at this link.

Here are the emails that have been flying today. First, from FACDL:

I am pleased and proud to announce that FACDL has prevailed in its Quo Warranto action. In an Order released late yesterday afternoon, Judge P. Kevin Davey ruled that 2007-62 (commonly known as SB 1088) was an unconstitutional exercise of executive and legislative power. His Order specifically enjoins every aspect of the implementation of the Regional Conflict Counsel system.

I want to give my heartfelt thanks and special recognition to Sonya Rudenstine and Todd Doss, the two members who volunteered their time to spearhead this effort, and without whom victory would not have been possible. They are truly remarkable Constitutional lawyers, and we are fortunate that they feel so passionately about this effort and FACDL.

The Court’s Order will be posted on the website shortly, and we will advise you as soon as new developments occur.

I have often been proud of FACDL, but never as much as I am at this moment.

Now, the email from local Regional Counsel Jeffrey Deen to his people:
Folks;

No matter waht you hear, a stay has been issued. In the 5th, 7th & 18th Circuits I have already spoken to the Chief Judges and we are proceeding as is and as planned. I am sure the same applies in the 9th until further notice. The enclosed email is from the State advising me to continue. Until there is another order we are proceeding as planned everywhere, sorry for the confusion but personally I can tell you that I think this will be resolved by the legislature if not by the Courts. While obviously I cannot gaurantee anything I believe we will be here for the long haul. If you have any questions, don't stew on this Call Me. I'll be out until Wednesday but call, I'll call you back.

ps. The Miami Herald is wrong, the Supremes haven't done anything. It was some attention seeking Circuit Judge.

The bottom line is, for me, that I will be on station January 2d, and if the Regional Counsel isn't there and ready to both represent a parent and also to certify conflicts at shelter hearings, we'll be filing a writ of mandamus.

Merry Christmas. I'll be blogging again when I get around to it.