To Mr. Joe George:
See ya....wouldn't want to be ya.
Florida Association of Criminal Defense Lawyers
FOR IMMEDIATE RELEASE:NEW PUBLIC DEFENDER SYSTEM DECLARED UNCONSTITUTIONAL
Criminal Defense Lawyers Win Suit Against Governor and Legislators. TALLAHASSEE, Fla. (December 21, 2007)
Only one day after hearing legal arguments on the issue, Circuit Judge P. Kevin Davey issued a comprehensive opinion yesterday striking down Florida Law 2007-62. The law was passed in July in an attempt to create new, state-run conflict public defender offices in five regions throughout Florida to handle criminal cases from which the elected Public Defender was obligated to withdraw due to ethical conflict. In his opinion, Davey declared the law to be, “...an attempt to amend the [Florida] Constitution by legislative fiat.”
“FACDL will also immediately begin contacting the Chief Judges of each Circuit to ensure that no person currently facing charges is adversely affected by the unconstitutionality of SB 1088.”
To read the entire order from Circuit Judge Davey regarding this ruling, go to FACDL