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SCHOMMER v. BENTLEY

No. 68335.

500 So.2d 118 (1986)

Nicholas G. SCHOMMER and James V. Lobozzo, Jr., Petitioners, v. The Honorable E. Randolph BENTLEY, Circuit Judge, in and for the Tenth Judicial Circuit of Florida and Board of County Commissioners of Highlands County, Florida, Respondents.

Supreme Court of Florida.

December 24, 1986.

Attorney(s) appearing for the Case

Nicholas G. Schommer and James V. Lobozzo, Jr., of Trombley, Lobozzo & Schommer, Sebring, for petitioners.

R.P. Dunty, Jr., Co. Atty. and Bert J. Harris, III, of Dunty and Harris, Lake Placid, for respondents.

Jim Smith, Atty. Gen., and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for amicus curiae Atty. Gen. of the State of Fla.

Paul M. Rashkind, Chairman, Criminal Law Section Academy of Fla. Trial Lawyers, of Bailey, Gerstein, Rashkind and Dresnick, Miami, for amicus curiae Academy of Florida Trial Lawyers.

Robert A. Ginsberg, Dade Co. Atty., and Eric K. Gressman, Asst. Co. Atty., Miami, for amicus curiae Metropolitan Dade County.

BARKETT, Justice.

We have for review Schommer v. Bentley, 489 So.2d 40 (Fla. 2d DCA 1986), in which the district court certified four questions to be of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

In September 1984, Nicholas Schommer was appointed as a special public defender to represent a defendant charged with murder. The court authorized Schommer to use other members of his...

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