ADMINISTRATIVE ORDER 2.008/01-1 AMENDED IN ENTIRETY

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1 IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR MONROE COUNTY ADMINISTRATIVE ORDER 2.008/01-1 AMENDED IN ENTIRETY IN RE: APPOINTMENT, COMPENSATION & REIMBURSEMENT FOR SPECIAL PUBLIC DEFENDERS & OTHER COURT-APPOINTED COUNSEL : WHEREAS, it is necessary from time to time to appoint private counsel to represent indigent persons in certain types of cases as required by statute or constitution; and WHEREAS, the Chief Judge may prescribe the hourly rate of compensation to be paid to attorneys appointed in criminal or civil cases involving statutory or constitutional right to counsel; and WHEREAS, there is a desire on the part of the judiciary of the Sixteenth Circuit to create uniformity among the various divisions of the circuit's courts; and WHEREAS, there is a desire on the part of the judiciary of the Sixteenth Circuit to develop a compensation policy that is comparable to the statewide average; NOW, THEREFORE, IT IS ORDERED as follows: This order shall govern special public defenders to provide conflict representation to indigent defendants in criminal and delinquency proceedings. This order shall also govern courtappointed counsel in guardianship cases ( , Florida Statutes) and involuntary placement cases ( , Florida Statutes). Further, any other type of proceeding wherein the court may appoint counsel under constitutional or statutory authority shall be governed by this order. However, compensation for courtappointed counsel in dependency cases is governed by Administrative Order LIST OF AVAILABLE COUNSEL (1) Each judge shall maintain a list of attorneys who have certified their willingness to serve as special public defenders and court-appointed counsel at fees as set by administrative order. (2) Whenever the Public Defender, or a special public defender, moves for leave to withdraw because of a conflict of

2 interest or other valid ground, the trial judge shall appoint a special public defender or court-appointed counsel from the list referred to in paragraph 1 above. (3) The trial judge, in appointing a special public defender or court-appointed counsel, shall utilize a standard approved order. (4) Only one special public defender may represent a defendant at any given time (this shall not be deemed to limit successive appointments, if warranted), except for a capital murder case. (5) When a special public defender has been appointed upon re-arrest of a defendant after an alias capias, or upon filing of a probation violation affidavit, or upon the filing of new charges while there is another pending case, or upon transfer from juvenile to criminal division, the same special public defender will be appointed, but only if the attorney is on the list and appropriately qualified, and only if the Public Defender again certifies a conflict. (6) An attorney who is appointed to represent a defendant charged with offenses in two (2) or more pending cases shall not be compensated for each case under the fee schedule set forth below. In those instances, the compensation shall be negotiated, in good faith, downward from the above fee schedule by the appointing judge and the attorney. RATE OF COMPENSATION (7) All representation in the trial court shall be compensated at the rate of seventy five dollars ($75.00) per hour, subject to the limitations set forth in section (2), Florida Statutes (1999), as modified by Makemsom v. Martin County, 491 So.2d 1109 (Fla. 1986), cert. denied, 479 U.S. 1043, 107 S.Ct. 908, 93 L.Ed.2d 857 (1987). (8) Court-appointed counsel in cases where work is actually performed and client contact is made shall be paid a minimum fee of three hundred and fifty dollars ($350.00). (9) Travel costs incurred as a result of actual work performed shall be reimbursed at rates set forth in Section , F.S. (10) To receive compensation for attorney's fees, counsel must maintain contemporaneous time records, documenting work in hours and tenths of an hour. Time records must be appended to the verified motion for compensation. See infra paragraph 20.

3 REIMBURSABLE COSTS (11) GENERAL RULE. Counsel shall be reimbursed for costs necessarily and reasonably incurred in preparation of the defense provided that counsel submits the vendor's invoice as an attachment to the motion for reimbursement, see infra paragraph 20, and strictly complies with the requirements of this order. (12) ORDINARY REIMBURSABLE COSTS/PRIOR APPROVAL. All costs necessarily and reasonably incurred, with the exception of "special reimbursable costs", see infra paragraph 13, shall be designated as "ordinary reasonable costs". Before incurring any ordinary reimbursable cost which singularly, or together with other ordinary reimbursable costs, will exceed $500, counsel shall file a motion and proposed order with the trial judge. Counsel shall notice the opposing party and the county attorney on all such motions. Any incurred cost which violates this provision shall not be reimbursed. (13) SPECIAL REIMBURSABLE COSTS. The following costs are designated "special reimbursable costs": (1) investigative services, (2) transcription of depositions, (3) engagement of experts to serve as witnesses or consultants, and (4) out-ofcounty travel. Before incurring any special reimbursable cost, counsel shall file a motion and proposed order with the trial judge. Counsel shall notice the opposing party and the county attorney. Additionally, counsel, through the court's judicial assistant, shall set the matter for hearing unless the county attorney, in writing, waives the necessity for a hearing and agrees to counsel's request. Any incurred cost which violates this provision shall not be reimbursed. (14) PAYEE. Payment of all reimbursable costs shall be made directly to appointed counsel, not to the vendor. NON-REIMBURSABLE COST (15) Counsel shall not be reimbursed for the following costs: (A) General office overhead including, but not limited to, photocopying, facsimile transmissions, overnight mail, telephone calls (with the exception of reasonable and necessary collect calls from clients incarcerated in the Monroe County Detention Center); vicinity mileage within official headquarters as defined by Section (4) (a), Florida Statutes; parking, office

4 supplies, rent and office equipment. (B) (C) (D) Travel time. Personal items purchased for or on behalf of the client. Filing fees or other charges waived by law. (E) Payments to witnesses or for other services normally paid by the state or county. (F) The cost of fees for private process servers over and above those charged by counsel. TIME OF PAYMENT (16) Attorney's fees in criminal and juvenile delinquency proceedings shall be paid upon completion of representation in the trial court. (17) Attorney's fees in other allowable case representation, and ordinary and special reimbursable costs in all cases, will be reimbursed by the county when (a) the case has reached final adjudication or disposition, or (b) counsel is requesting reimbursement for costs in excess of one thousand dollars ($1,000) in any one case or multiple consolidated cases. See paragraph 21 infra. PRECONDITION TO PAYMENT (18) If a client has been determined to be guilty of a criminal act by jury verdict or through a plea of guilty or nolo contendere, the following precondition to payment shall apply. Counsel shall file, and notice for hearing, a motion to assess attorney's fees and costs against the defendant pursuant to section , Florida Statutes (1999); see also Bull v. State, 548 So.2d 1103 (Fla. 1989). Notice of the motion and hearing shall be provided to the state attorney and the county attorney. While it is understood that such a hearing may be held at the time of disposition or sentencing, counsel remains obligated to provide notice of the motion and hearing to the state attorney and county attorney. PROCEDURE FOR OBTAINING COMPENSATION AND REIMBURSEMENT FOR COSTS (19) TIME FOR SUBMISSION. Requests for compensation and

5 reimbursement for costs must be submitted to the Clerk's Office within sixty (60) days following the trial court's ruling on posttrial motions. Motions filed beyond the sixty-day time frame without good cause shall subject counsel to a 10% reduction in the hourly rate for attorney's fees, at the discretion of the trial judge. (20) PROCEDURE One original and two copies of the documents listed as "A" - "E" below shall be submitted to the Clerk's Office. (Note: Information submitted directly to the trial judge will be returned to counsel.) (A) Verified Motion to Compensate (B) Supporting Documentation (C) Signed Order Appointing Counsel (D) Signed Order Approving Special Costs (E) Proposed Order Approving Compensation (F) One self-addressed, stamped envelope (G) Two unstamped envelopes addressed to the Clerk of the Court and the County Attorney, respectively. INTERIM PAYMENT (21) When units of reimbursable costs in excess of $1,000 have been incurred, counsel may file a motion for interim payment of reimbursable costs and following the procedures set forth in paragraph 20 supra. PROCESSING APPLICATIONS FOR PAYMENT (22) CLERK OF THE COURT Following pre-audit approval, the Clerk of the Court will forward the materials to the County Attorney. (23) COUNTY ATTORNEY The County Attorney's Office shall have five (5) working days to review the verified motion and supporting documentation. At the conclusion of this period, the County Attorney shall note on the first page of the verified motion "no objection" or "hearing requested". If at the conclusion of this period a hearing is required, the County Attorney shall obtain a hearing time from the trial judge's

6 judicial assistant and shall notice defense counsel and opposing counsel. If a hearing is not requested, the County Attorney, after retaining one copy of the motion and supporting documentation, shall forward the remainder of the materials to the trial judge. (24) TRIAL JUDGE Upon entry of an order approving compensation and reimbursement of costs, the trial judge shall file the original with the clerk. A copy of the order shall be mailed to defense counsel in the envelope provided. A copy of the order via interoffice mail shall be sent to the County Attorney. The entire remainder of the submittal packet shall be forward to the Clerk in the envelope provided. (25) CLERK The Clerk shall file and process the motion and order. The Clerk shall retain one complete set of materials and shall forward the remaining set plus a certified copy to the to the county's finance department. The Clerk who is also this county's Chief Financial Officer is directed to pay counsel in a timely manner. DONE AND SIGNED in Chambers, at Key West, Monroe County, Florida, this the 8 day of March, Mark H. Jones Chief Judge

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