Monday, October 21, 2013

ONCE YOU BEAT EM, JOIN EM.





"From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him."
           
JUSTICE HUGO L. BLACK
Gideon v. Wainwright (1963)

Dear colleagues,

Yesterday I met with FACDL-Miami's 'limited registry task force' to discuss our next steps in the fight against the government's efforts to institutionalize ineffective assistance of counsel.  We talked about fundamental rights, procedures, plans of action and bottom lines.  I could not help but think of the above quote and the reality that the financial limits imposed on attorneys by thelimited registry effectively forces a poor man charged with a crime to face his accuser with something far worse than no attorney: one who is either unwilling or unable to actually defend him.  Fifty years after Gideon, the legislature has created a system that intentionally or otherwise, operates to ensure that effective assistance, in most cases, is impossible.   It rewards attorneys who will not provide meaningful assistance and worse still, it ensures that those who would are unable to do so.  

Some of you have asked whether our efforts have resulted in potentially greater rewards for those who would not stand with us when we refused to join the limited registry; the short answer is yes.  In a perfect world, after our victory, each member of the limited registry would transfer back to the general registry. In this, the real world, our recommendation for those of you who havestood firm is this: join the limited registry on Monday.  Use the surrender stipulation that JAC signed as your sword and shield.   We are encouraging FACDL Miami members to join and to demand compensation above the cap each and every time you deserve it as dictated by your time, efforts, and ethics.  Accept cases and provide the meaningful representation that you, as a defense attorney have sworn to deliver to all of your clients.  When you find a case that isn't complex or unusual or extraordinary, accept the flat fee.  In every other case, file for what the JAC has stipulated Makemson demands: actual effective representation of every defendant and fair compensation for their attorney, even in limited registry cases.  

Everyone at FACDL is keenly aware of the economic situation that each of you has dealt with during the last year.  We, along with all those who believe in the vital role of the defense attorney, appreciate the sacrifice that has been made for the greater good.  As long as the limited registry exists, we pledge to continue working toward its dismantling even if protecting the ideals we hold dear comes at a financial cost.  For now, we hope that you will join us in diluting the systemic flaws of the limited registry by ensuring that every defendant stands equal before the law, something that will never happen without a quality attorney by his side who demands to be compensated for protecting his client and in doing so, the Constitution.

As always, if you have any questions, comments, suggestions, or if you would like to help in fighting the limited registry at the next level, please feel free to contact me directly.

Best regards,

Eddie Pereira
President FACDL-Miami


15 comments:

DS said...

great video, best thing you ever did ever

Anonymous said...

I am not on the limited registry, but I am sick and tired of the attacks on the attorneys that signed up for it - both direct and by innuendo.

Can anybody point to a single case where a limited registry attorney did not provide effective representation?

I can point to a bunch where the (1) the State PD and (2) regular appointed attorneys, provided ineffective assistance.

You fuckers that snipe away are lucky that somebody hasn't punched you in your fucking nose, right in the hallway of the REG building.

Non-registry attorneys gasp at the fees the "superior" "high-paid" registry attorneys receive.

The hail of criticism is akin to the town drunk marveling at the poverty of the village pauper; from a puddle of mud.

Anonymous said...

Good morning REGB Attorneys.

There is a rumor that Judge Reemberto Diaz is a sitting duck? He allowed Olga to run a mock and mistreated staff. Who is the organizer of this to join in? Diaz needs a course in human relations according to the comments I heard this morning.

Anonymous said...

Best opening ever Rumpole

Anonymous said...

Pretty sad when a guy that pays 69 bucks for a defense on a traffic ticket gets better representation than a guy charged with murder.

I shudder to think of the defense provided to guys charged with 1st degree or PBL type crimes when the lawyers are only going to make a few thousand dollars.

Anonymous said...

Isn't 10:08 a.m. a little too colloquial for print?

Little Tony said...


Another "average" week Horace. This is your bookie, Little Tony, reminding you that going 2-3 on Sunday means you owe us money, again. Give credit where it is due, you are 17-15 for the year on your Sunday picks.

What were you thinking with the Jags though? I'm thinking both Bama and FSU could beat them right now.

Just remember that where there is a Little Tony, Big Tony is not far behind.

Capisce

Anonymous said...

Hey PHIL R. ... is your Uncle Sid Farkas still in the Ladies Brassiere business? We need to speak ...

Anonymous said...

let 10:08 have all the conflict cases.... he must really be hurtin fir cash...

FRIEND of SID FARKAS said...

Rumpole ... where is Kenny W's pick for week 8? Something fishy. It is already Tuesday!

Anonymous said...

PDS don't make $2k on a PBL, they make less

Anonymous said...

PD have no overhead and benefits. PCAC dont make 2k on a life felony. When you factor in costs of doing business its less than minimum wage. I too had no clue when I was a PD. Imagine if out of your salary you had to pay your secretary, phone, internet, rent, copier, paper and that is just tip of the ice berg. Very naive to say PD make less the 2k on a life felony.

Anonymous said...

I totally agree with Catalano regarding close out memo on Tracy Mourning... Doesn't make sense why the state would drop it, what gives?!?

Anonymous said...

Did Eddie Pereira ever do anything of significance in the legal community aside from seeking money and recognition?

Anonymous said...

If Reemberto Diaz needs a class in anything, it's a class in not being as kind a man as he is. Those that seek to tarnish his name should be ashamed. He's not to blame for the acts of those who trampled him and his kindness with their own selfishness.