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Regional Conflict Counsel
The Supreme Court is scheduled to hear oral argument on the constitutionality of the Legislature’s creating the offices of Regional Conflict Counsel on Wednesday, February 27, 2008 at 9:00 am. The Florida Association of Criminal Defense Lawyers (“FACDL”) filed the challenge against Governor Crist in the fall and in December, the trial court ruled that these offices were unconstitutionally created. The main argument in the case is over a provision of the Florida Constitution, Art. V, section 18, that requires there to be a public defender for each judicial circuit and that that person be elected. According to the FACDL, the regional conflict counsels are really just public defenders, particularly since the Legislature defined them to be a part of the public defender offices for funding purposes. However, because the conflict counsels are appointed, not elected officials, the law (SB 1088, Ch. 2007-62, Laws of Fla.) creating them was unconstitutional. This case is of great significance to the counties because by defining the regional conflict counsels to be public defenders, the counties, and not the state, are obligated to fund many of the costs associated with their operations.
The oral argument on Wednesday can be viewed on the Florida Channel or on-line at www.wfsu.org/tfc/index.html.