127.42 Circuit Article V indigent services committees; composition; staff; responsibilities; funding.--
(1) In each judicial circuit a circuit Article V indigent services committee shall be established. The committee shall consist of the following:
- (a) The chief judge of the judicial circuit or the chief judge's designee, who shall serve as the chair.
- (b) The public defender of the judicial circuit.
- (c) One experienced private criminal defense attorney appointed by the chief judge to serve a 2-year term. During the 2-year term, the attorney is prohibited from serving as court-appointed counsel.
- (d) One experienced civil trial attorney appointed by the chief judge, to serve a 2-year term. During the 2-year term, the attorney is prohibited from serving as court-appointed counsel.
- (2) (a) The responsibility of the circuit Article V indigent services committee is to manage the appointment and compensation of court-appointed counsel within a circuit pursuant to ss. 27.40 and 27.5303 The circuit Article V indigent services committee shall meet at least quarterly.
- (b) The circuit Article V indigent services committee shall maintain a registry pursuant to s. 27.40, unless procuring counsel through a competitive bidding process. The committee shall apply the eligibility and performance standards set by the Legislature, if any, after receiving recommendations from the Article V Indigent Services Advisory Board, for the appropriate category of case.
- (c) The circuit Article V indigent services committee shall develop a schedule of standard fees and expense allowances for the various categories of cases, consistent with the standards adopted by the Legislature, if any, after receiving recommendations from the Article V Indigent Services Advisory Board.
- (3) The Justice Administrative Commission shall prepare and issue on a quarterly basis a statewide report comparing actual year-to-date expenditures to budgeted amounts for the circuit Article V indigent services committees in each of the judicial circuits. Copies of these quarterly reports shall be distributed to each circuit Article V indigent services committee and to the President of the Senate and the Speaker of the House of Representatives.
- (4) (a) The funding and positions for the processing of committees' fees and expenses shall be as appropriated to the Justice Administrative Commission in the General Appropriations Act.
- (b) Funds for criminal conflict case fees and expenses shall be appropriated by the Legislature in a separate appropriations category within the Justice Administrative Commission. These funds shall be allocated to each circuit as prescribed in the General Appropriations Act.
- (c) Separate funds for attorneys' fees and expenses in conflict cases under chapter 394 shall be appropriated by the Legislature in a separate appropriations category within the Justice Administrative Commission.
(d) The Legislature shall appropriate separate funds for attorneys' fees and expenses in child dependency cases and other court-appointed counsel cases in a separate appropriations category within the Justice Administrative Commission.
1Note.--Effective July 1, 2004.
History.--s. 14, ch. 2003-402.