ROBERT LEE DENNIS, ET AL., PETITIONERS,
v.
OKEECHOBEE COUNTY, RESPONDENT
Explore caselaw by topic → Browse Adequacy Of Representation cases and more on FLexlaw
ADKINS, Justice.
We have for review Okeechobee County v. Jennings, 473 So. 2d 1314 (Fla. 4th DCA 1985), in which the Fourth District quashed the trial court’s finding of the unconstitutionality of the statutory fee limits imposed by section 925.036, Florida Statutes (1981) upon compensation for the representation of indigent criminal defendants. Citing as authority its opinion of Martin County v. Makemson, 464 So. 2d 1281 (Fla. 4th DCA 1985), it re-certified to this Court the four questions presented in that case. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered the certified questions in Makemson v. Martin County, 491 So. 2d 1109 (Fla.1986), and quashed the district court’s decision, upholding the trial court’s finding of the statute’s unconstitutionality as applied to representation in extraordinary or unusual circumstances. We find that the trial court’s findings as expressed in its order, quoted in Jennings, 473 So. 2d at 1315, amply established the need to grant fees in excess of the statutory guidelines in order to ensure adequate representation in the cause.
It is so ordered.
MCDONALD, C.J., and BOYD, OVER-TON, EHRLICH, SHAW and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Remeta v. State, 559 So. 2d 1132 (Fla. 1990)…of his or her time, energy and talents. Id. at 1115. Consistently we have reaffirmed our Makemson rationale. Lyons v. Metropolitan Dade County, 507 So. 2d 588 (Fla.1987); Schommer v. Bentley, 500 So. 2d 118 (Fla.1986); Dennis v. Okeechobee County, 491 So. 2d 1115 (Fla.1986), cert. denied, 479 U.S. 1043, 107 S.Ct. 908, 93 L.Ed.2d 857 (1987). See also Department of Corrections v. Dayton, 561 So. 2d 276 (Fla. 2d DCA 1989) (extending Makemson to executive clemency proceedings); Board of County Comm’rs v. Scruggs…
-
White v. Bd. OF Cnty. Comm'rs FOR Pinellas Cnty., 524 So. 2d 428 (Fla. 2d DCA 1988)…l in 125 + criminal jury trials, 4 capital case trials, 2 capital appeals before the Florida Supreme Court, and one 2nd degree murder jury trial.” . See also Lyons v. Metropolitan Dade County, 507 So. 2d 588 (Fla.1987); Dennis v. Okeechobee County, 491 So. 2d 1115 (Fla.1986). . The trial court made no finding as to the complexity of the case involved here, although the fee petition states, “The complexity of this case as evidenced by the testimony, evidence, and issues adduced at the trial of this cause just…
-
Bd. OF Cnty. Comm'rs OF Hillsborough Cnty. v. Cunningham, 529 So. 2d 724 (Fla. 2d DCA 1988)…te judges, well aware of the complexity of a given case and the attorney’s effectiveness therein, know best those instances in which justice requires departure from the statutory guidelines. 491 So. 2d at 1115. See also Dennis v. Okeechobee County, 491 So. 2d 1115 (Fla. 1986). The supreme court also held in Makemson that the fee schedules in section 925.036 are directory, rather than mandatory. 491 So. 2d at 1115. After reviewing the record, we cannot say that the trial court departed from the essential requ…
Authorities Cited
- Makemson v. Martin Cnty., 491 So. 2d 1109 (Fla. 1986)
- Martin Cnty. v. Makemson, 464 So. 2d 1281 (Fla. 4th DCA 1985)
- Okeechobee Cnty. v. Jennings, 473 So. 2d 1314 (Fla. 4th DCA 1985)