139 So. 3d 292
Fla.2014Background
- Florida Supreme Court considers proposed amendments to Florida Rules of Criminal Procedure, including a new Rule 3.113 (Minimum Standards for Attorneys in Felony Cases).
- Steering Committee unanimously proposes adoption of Rule 3.113.
- After publication, the Criminal Procedure Rules Committee and the Florida Public Defender Association filed comments.
- Rule 3.113 requires counsel in circuit court adult felony cases to complete a 100-minute CLE on discovery, Brady, and related duties.
- The Court authorizes trial judges to enforce compliance (including removal or non-appointment of counsel) and sets the rule to take effect two years from the opinion date (effective May 16, 2016).
- Appendix contains the text of Rule 3.113 and related commentary on implementation and rationale.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to adopt Rule 3.113 as proposed | Steering Committee supports adoption of the rule | Commentators filed responses; concerns about implementation | Rule 3.113 adopted as proposed |
| Whether the 100-minute CLE requirement is appropriate | CLE requirement tied to innocence commission recommendations | (Not explicitly stated in text) comments addressed in adoption decision | Rule 3.113 approved with 100-minute CLE on discovery and Brady/Giglio |
| Enforcement and effective date provisions | Judicial authority to enforce compliance ensures availability of qualified counsel | (Not explicitly stated) | Rule take effect two years from opinion; trial judges may enforce compliance |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (U.S. (1963)) (due process discovery obligations for exculpatory evidence)
- Giglio v. United States, 405 U.S. 150 (U.S. (1972)) (impeachment and disclosure of witnesses in discovery)
- In re Florida Board Examiners, 353 So. 2d 98 (Fla. 1977) (minimum education/experience requirements for admission to practice law in specialized areas)
- Strickland v. Washington, 466 U.S. 668 (U.S. (1984)) (ineffective assistance standard governing competent representation)