IN RE AMENDMENT TO FLA. RULES OF JUD. ADMIN.

No. 90635.

711 So.2d 1148 (1998)

In re AMENDMENT TO FLORIDA RULES OF JUDICIAL ADMINISTRATION—MINIMUM STANDARDS FOR APPOINTED COUNSEL IN CAPITAL CASES.

Supreme Court of Florida.

June 12, 1998.


Attorney(s) appearing for the Case

Philip J. Padovano, Judge, First District Court of Appeal, Tallahassee, Robert H. Dillinger, Public Defender, Sixth Judicial Circuit, Clearwater, James Russo, President, Viera, and Robert D. Trammell, General Counsel, Marianna, on behalf of the Florida Public Defender Association; James T. Miller, Jacksonville, and James Reich, Chairman, Ocala, on behalf of the Florida Association of Criminal Defense Lawyers, and J. Chaney Mason, President; and Diana M. Tennis, Winter Park, for Petitioners.

Marguerite H. Davis, Chair, Rules of Judicial Administration Committee, Tallahassee, Robert A. Butterworth, Attorney General, and Richard B. Martell, Chief, Capital Appeals, and Carolyn M. Snurkowski, Assistant Attorney General, Tallahassee, Sheryl G. Wood, Chair, West Palm Beach, on behalf of The Florida Bar Government Lawyer Section; John J. Copelan, Jr., County Attorney for Broward County, Anthony C. Musto, Chief Appellate Counsel, Robert E. Hone and Edward G. Labrador, Assistant County Attorneys, Fort Lauderdale, George L. Dorsett, Assistant County Attorney, Orange County, Orlando, Linda W. Chapin, Orange County Chairman, Orange County Board of County Commissioners, Orlando, Daniel P. Hyndman, Assistant County Attorney, Palm Beach County, West Palm Beach, David De La Paz, House Justice Council Attorney, Tallahassee, Victor D. Crist, Representative, District 60, Temple Terrace, Peter Warren Kenny, Capital Collateral Regional Counsel and Martin J. McClain, Litigation Director, Capital Collateral Regional Counsel-South, Miami, J. Michael Shea, Tampa, Ira D. Karmelin, West Palm Beach, Randy Ball, State Representative, District 29, Tallahassee, Herbert W.A. Thiele, County Attorney and Patrick T. Kinni, Assistant County Attorney, Leon County, Tallahassee, Judy M. Pittman, Chief Judge, Don T. Sirmons, Administrative Judge of Criminal Division, and Dedee S. Costello, Circuit Judge, Fourteenth Circuit, Panama City, Philip J. Massa, West Palm Beach, Katherine Fernandez Rundle, State Attorney, and Penny H. Brill, Assistant State Attorney, Eleventh Judicial Circuit, Miami, Claire K. Luten, Chair, Criminal Law Section of The Florida Bar, Clearwater, Robert A. Ginsburg and Jason Bloch, Assistant County Attorneys, Dade County, Miami, Steven M. Potolsky, Past President of the Florida Association of Criminal Defense Lawyers/Miami, Miami, Eddie J. Lewis, Chairman, Bradford County Board of County Commissioners, Starke, James L. Ley, County Administrator, Sarasota Board of County Commissioners, Sarasota, Lonnie N. Groot, Deputy County Attorney, Board of County Commissioners of Seminole County, Sanford, Betty Strifler, Clerk of the Circuit Court, Citrus County Board of County Commissioners, Inverness, Ira Mae Hewatt, Chairman, Board of County Commissioners, Santa Rosa County, Milton, Alfred Lawson, Jr., Florida House of Representatives, Tallahassee, Eddy Hillhouse, Chairman, Suwannee County Board of County Commissioners, Live Oak, Rick Crews, Chairman, Holmes County Board of County Commissioners, Bonifay, Patricia M. Glass, Manatee County Board of County Commissioners, Bradenton, Barry R. Evans, County Administrator, Board of County Commissioners, Escambia County, Pensacola, Pat Thomas, 3rd District, The Florida Senate, Tallahassee, Raymond Williams, Board of County Commissioners, Franklin County, Apalachicola, John L. Driggers, Chairman, Board of County Commissioners, Dixie County, Cross City, Walter B. Olliff, Jr., Chairman, Board of County Commissioners, Hardee County, Wauchula, Richard Swartz, Jr., Vice Chair, Board of County Commissioners, Lake County, Tavares, Gary D. Charles, Sr., Chairman, Board of County Commissioners, St. Lucie County, Fort Pierce, Gary K. Oldehoff, County Attorney, Board of County Commissioner, Martin County, Stuart, and James S. Benjamin, President, Broward Association of Criminal Defense Lawyers, Fort Lauderdale, Responding.


PER CURIAM.

This matter is before the Court on a proposed rule concerning the competency and qualifications of counsel appointed to represent indigent defendants in capital cases where the services of the public defender are not available because of a conflict of interest. We have jurisdiction pursuant to article V, section 2(a) of the Florida Constitution. For the reasons expressed below, we decline to rule on this matter at this time.

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