FL: Indigent legal-cost savings plan is rejected

[flashl]

A Leon County judge rules a new plan by the Legislature to save money on attorneys for poor defendants violates the state constitution.

A circuit court in Tallahassee tossed out the Legislature's plan to save money by appointing special public defenders to represent indigent defendants who can't be represented by the elected public defenders in each judicial circuit.

The court ruled that the Legislature exceeded its authority by requiring the new offices and that Gov. Charlie Crist exceeded his by appointing the five special public defenders.

The court also quashed the appointments of the five attorneys who were tasked with setting up law offices to handle all the cases that the elected public defenders couldn't take because of conflicts of interest.

Circuit Judge Kevin Davey wrote that the Legislature had attempted to amend the constitution ''by legislative fiat'' since the constitution requires public defenders to be elected and live in the judicial circuit they represent.

Attorney General Bill McCollum on Friday morning filed a notice of appeal with the First District Court of Appeal and won an immediate stay of Davey's order, meaning the issue is on hold until the district court of appeals can hear the case.

The Legislature established the conflict counsel offices because legislators complained that private attorneys appointed to represent indigent defendants were too expensive and had nearly tripled in cost in three years.

The Legislature expected the conflict offices to begin taking cases in October, or at the latest by Jan. 15.

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Hopefully, the state and judge will create a workable solution for a service that is in dire need.