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Highlands Today

Judge: State Should Pay For Conflict Counsel

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By BRAD DICKERSON

Highlands Today

Published: December 20, 2008

TALLAHASSEE - A circuit judge's ruling on Thursday overturned a 2007 state law saying counties had to pay for attorneys who take cases when the local public defender has a conflict.

A group representing 26 counties that filed suit hailed the decision by Circuit Judge John Cooper in Tallahassee, who said the state is still responsible for footing the bill for defendants who can't afford to pay.

"Like the state, counties are under considerable strain to reduce costs while preserving critical services," said Chris Holley, executive director of the Florida Association of Counties, in a statement. "Unfunded mandates passed down by the state are a burden counties cannot afford to shoulder."
State lawmakers in 2007 approved a measure setting up regional conflict counsels, which are private attorneys who would take cases when local public defenders experience conflicts of interest.

Counties opposed the bill, saying the Florida Constitution requires the state to operate the courts.

Rick Helms, assistant county administrator with the Highlands County Board of County Commissioners, said the 2008-2009 fiscal year budget has $23,800 appropriated for local conflict counsel.

That amount includes $12,000 to lease office space and $11,800 for operating expenses, such as phones and computer connections. The office space is in a building in close proximity to the Highlands County Courthouse, according to Helms.

"If (the ruling) stays in place, it's going to save the county some money," said Bob Germaine, clerk of courts-elect for Highlands County.

In his final summary judgment, Cooper stated the plaintiffs, "have met their burden," and shown that an attempt to shift the funding requirements for criminal conflict and civil regional counsel from the state to the counties is unconstitutional because it violates Article V, Section 14 of the Florida Constitution.

That particular section states, "funding for the state court system, state attorneys' offices, public defenders' offices and court-appointed counsel shall be provided from state revenues appropriated by general law," according to Cooper's judgment.

"Everybody's just constrained with money," Germaine said. "Everybody's looking for funding."

The News Service of Florida contributed to this report.

Highlands Today reporter Brad Dickerson can be reached at (863) 386-5838 or bdickerson@highlandstoday.com

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