Serving Flagler, Putnam, St. Johns and Volusia Counties

Serving Flagler, Putnam, St. Johns, and Volusia Counties

CR-2017-043-SC

IN THE CIRCUIT COURT OF FLORIDA, EVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: Rates of Compensation for Court-Appointed Attorneys

Ref: CR-2017-043-SC

WHEREAS, Florida Statutes require counsel be appointed to represent individuals in certain proceedings before the Court, and

WHEREAS, rates of compensation for court-appointed attorneys are contained in § 27.5304, Florida Statutes, and the General Appropriations Act;

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that in cases in which private attorneys are appointed by the Court to represent indigent parties, the following provisions apply:

    1. Attorneys are required to enter into appropriate contracts with the Justice Administrative Commission and will be compensated by the Justice Administrative Commission as outlined in § 27.5304, Florida Statutes, and the General Appropriations Act.
    2. Attorneys appointed prior to July 1, 2012, or on or after July 1, 2014, may seek compensation in excess of the legislatively established fees by following the procedure set forth in § 27.5304(12)(a), Florida Statutes.  Attorneys appointed between July 1, 2012 and July 1, 2014 all indicated a willingness to accept the prescribed flat fees as full payment, except for RICO and capital/death penalty cases and related appeals.  Attorneys appointed between July 1, 2012 and July 1, 2014 in RICO and capital/death penalty cases, including appeals of said cases, may seek compensation in excess of established fees by following the statutory procedure.
    3. Pursuant to § 27.5304(12)(b), the undersigned chief judge hereby designates Judge Leah R. Case to conduct all required evidentiary hearings in cases arising in the Seventh Judicial Circuit in which attorneys seek compensation in excess of the statutorily established fees.  Motions for compensation in excess of the statutorily established fees are to be filed with the Chief Judge.  Hearings on said motions will be conducted by Judge Case.

 

    1. Attorneys are required to render legal services to his/her client from the time he/she is appointed through conclusion of the case. Attorneys will remain attorneys of record until the Court terminates jurisdiction, or until otherwise relieved from further representation by the presiding judge.

 

  1. Attorneys are deemed to be independent contractors and are wholly responsible for the manner in which he/she performs legal services. Attorneys also assume responsibility for the acts of his/her employees as they relate to the provision of services included herein.

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 30th day of June 2017.

/s/ Terence R. Perkins
Judge Terence R. Perkins
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties