To square the circle on the post below

Here is the email sent out from JAC to the 5 Regional Counsels after the declaration by Judge Davey that the Regional Counsel law is unconstitutional:

Lou Hubener has provided guidance (see below) regarding continuing

operation of your offices.  Note it is recommended that you include in

any future leases or other long term contracts that your office may

terminate the contract (with a short notice period) in the event of an

adverse final decision.

Stephen M. Presnell

General Counsel

Justice Administrative Commission

P.O. Box 1654

Tallahassee, FL 32302

Tel.: 850-488-2415

Fax: 850-488-8944

E-mail: stephenp@jac.state.fl.us

-----Original Message-----

From: Lou Hubener [mailto:Lou.Hubener@myfloridalegal.com] 

Sent: Friday, December 21, 2007 10:58 AM

To: Victoria Montanaro; Stephen Presnell

Cc: Scott Makar

Subject: FACDL v Crist

Upon the filing of the notice of appeal the State gets an automatic

stay.

See Fla.R.App.P.  9.310(b)(2).  That means the Regional Counsel may

continue their operations, i.e., hire attorneys and staff, pay them,

enter

leases and contracts, etc.   However, I would advise that any leases or

contracts provide for termination  with a short notice period so that if

the ultimate decision is adverse the office can wind up its business.