You can read it at this link.
[a commenter found the link not working. Here is another link to the order on the Dependency Defense server]
Key findings:
1. It has not been demonstrated that the Respondents (the Governor, Senate, and Regional Counsels) have a likelihood of prevailing on appeal.
2. The Court finds the constitutional deficiences in the Regional Counsel law to be substantial.
3. Allowing the RC system to continue in the near-term would waste money, be confusing, and the problem will grow with time.
4. If the stay is not lifted, unacceptable harm will come to indigent defendants and civil litigants.
5. The harm of keeping the stay is greater than the harm of lifting the stay.
6. (see paragraph I) Appointing private counsel under the pre-existing system will save public money.
7. A blanket lifting of the stay in all respects would harm those who already took employment with the RCs.
Therefore:
A. The stay is dissolved.
B. The RCs can continue to represent criminal clients assigned before January 18, 2008, and civil clients assigned before January 31, 2008.
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3 comments:
I was not able to access the case at the link. I tried to register but there was no place on the Leon County site for me to get a user name. From what I have read on the blog, I think it mirrors what we have all been saying from the beginning. In fact, one of the attorneys in our circuit emailed exactly these issues to Mr. Deen before he was appointed. I do, however, feel badly for those attorneys in the employ of Regional Counsel,
Try this link and then click on the case link (second from top):
http://www.clerk.leon.fl.us/index.php?section=2&server=image&page=high_profile/index.asp?year=2007
The FACDL really cleaned the State's clock on this one. It's been almost like shooting fish in a barrel. Let's hope the Supremes agree.
I do feel for the attorneys emplyed by the RC office, particularly those who left their jobs to be with the new office... However, the risk was there from teh get-go and I hope tehy planned accordingly.
Congrats to FACDL. As to the employees of the ROC, they are victims of the management who prematurely pushed to get going under an unconstitutional law. The management knew that they were operating under an illegal & more expensive system and appear to be trying to pull the wool under the eyes of Florida residents.
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