Still v. Justice Administrative Commission
82 So. 3d 1168
Fla. Dist. Ct. App.2012Background
- Petitioner seeks certiorari review of two trial court orders limiting attorney fees for representing the same defendant in two Broward County criminal prosecutions.
- 2008 case: armed burglary of a conveyance and aggravated battery with a deadly weapon; defendant acquitted.
- 2009 case: attempted first degree murder, armed kidnapping, and tampering with a witness; some charges dismissed, others not guilty.
- Petitioner sought $16,335 (2008) and $95,872.50 (2009) in amended fee applications.
- Trial court awarded $5,000 (2008) and $15,000 (2009); noted the statutory flat-fee schedule was inadequate.
- Court acknowledged the trial courts considered age of the cases and extensive preparation, but its awards were challenged as confiscatory; JAC conceded the court departed from section 27.5304(12) by considering matters beyond the statute and urged Makemson-based analysis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court violated section 27.5304(12) by departing from its fee guidelines. | Still argues the awards are confiscatory and exceed statutory limits | JAC argues the court departed from the statute and considered improper factors | Yes; court departed and awards quashed |
| Whether the fee awards were confiscatory given the state’s finances. | Awards effectively compensate at an impermissible rate | State's financial condition can inform awards | No; financial condition cannot justify departure from statutory framework |
| Whether Makemson-based analysis required on remand. | Makemson supports ensuring non-confiscatory fees | Makemson guidance governs remand | Yes; remand for Makemson-compliant review |
| Whether separation of powers prohibits trial courts from considering appropriation/adequacy of state funds. | Courts can ensure non-confiscatory fees irrespective of funds | Appropriation decisions are legislative matters | Court must not consider state funding; remand for proper statutory analysis |
Key Cases Cited
- Makemson v. Martin County, 491 So. 2d 1109 (Fla. 1986) (authorizes departure from fee guidelines in extraordinary cases to avoid confiscatory fees)
- White v. Bd. of Cnty. Comm'rs of Pinellas Cnty., 537 So. 2d 1376 (Fla. 1989) (limits on fee departures and consideration of non-statutory factors)
- Zelman v. Justice Admin. Comm'n, 78 So. 3d 105 (Fla. 1st DCA 2012) (reaffirms constraints on fee determinations by JAC)
- Williams v. State, 110 So. 2d 654 (Fla. 1959) (Williams rule; evidentiary considerations in related contexts)