Speaking of the post below, I have a question for you private defense attorneys who are keeping the dependency courts of the State of Florida running smoothly as the Regional Counsel offices litigate with FACDL and operate at various levels of readiness:
Are you keeping track of how many indigent parents are not getting counsel at their initial shelter hearing?
If not, you should be. If you'll pass it on to this website, we'll make sure that the data gets to the legislature when it next considers what to do about the Regional Counsel system.
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In Marion County our court is appointing attorneys at shelter hearings so no one here is going without. They may not have an attorney at the shelter hearing but they are getting counsel appointed. If counsel is present at shelter, they are appointed and do represent. But generally, most of the attorneys do not appear at shelter.
That's great, but it poses two problems. Well, make that three. First, it reduces the chances of a truly bad case being thrown out at shelter, which saves the whole system money when it happens. Two, Chapter 39 requires representation at shelter hearings, so we're simply breaking the law by virtue of following the law that the Supreme Court says should not be stayed.
Three, your guess is as good as mine if JAC will pay the private counsel appointed in this manner, which, quite frankly, is "against the law".
Our judge in Marion county is using the forms or a version of the forms on your website for the conflict issue. I have received them on cases I have been appointed since January 1. As for the representation at shelter issue, if the parent wants to be represented then the shelter is continued until counsel can be present.
Thanks for that update. That's interesting.
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