JUSTICE ADMINISTRATION COMMISSION, PETITIONER,
v.
MARK A. GOETTEL, ESQ., RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Justice Administration Commission sought certiorari relief from an order requiring it to pay for attorney representation of a mother in termination of parental rights proceedings. The court held that because the mother voluntarily surrendered her parental rights in writing, she had no statutory right to court-appointed counsel, making the trial court's appointment and payment order erroneous.
The court held that a parent who has voluntarily executed a written surrender of the child does not have a right to court-appointed counsel in termination proceedings. Therefore, the trial court erred in ordering the JAC to pay for counsel's representation when the appointment was improper under state law.
[1] A parent who voluntarily executes a written surrender of a child has no statutory right to court-appointed counsel in a termination of parental rights proceeding.
[2] The Justice Administration Commission is authorized to pay for court-appointed counsel only when a client has a statutory or constitutional right to such representation.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Florida law does not provide for court-appointed counsel in termination proceedings when the parent has voluntarily surrendered her rights to the child.”
Statement of the controlling legal principle that resolves the case
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe trial court appointed attorney Mark Goettel to represent an indigent mother in dependency proceedings. After 16 months, the mother executed a writ…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Indigent Litigants cases and more on FLexlaw
The Justice Administration Commission seeks certiorari relief from an order to pay attorney Mark A. Goettel for his appointed representation of a mother during a termination of parental rights proceeding. The mother surrendered her rights to her child in writing. Section 29.007, Florida Statutes (2008), authorizes payment for an attorney’s services only when the client has a right to court-appointed counsel. At issue is whether the mother had a right to court-appointed counsel during these proceedings. We hold that she did not. Florida law does not provide for court-appointed counsel in termination proceedings when the parent has voluntarily surrendered her rights to the child.
The trial court appointed Mr. Goettel to represent the mother at the beginning of dependency proceedings. One year and four months later, the mother signed a written surrender of her child and filed a petition for termination of parental rights based upon that written surrender. Shortly thereafter, the trial court appointed Mr. Goettel to continue his representation through the termination proceedings. After termination was final, Mr. Goettel sought payment from the JAC for his services in both proceedings. The JAC paid him for the dependency proceedings but *787refused to pay for the termination proceedings. Mr. Goettel filed a motion for compensation in the trial court. The trial court ordered the JAC to pay Mr. Goettel $1000 for his services during the termination proceedings.
The JAC argues that it only has authority to pay private attorneys who are “appointed by the court to represent indigents or other classes of litigants in civil proceedings requiring court-appointed counsel in accordance with state and federal constitutional guarantees and federal and state statutes.” § 29.007(2) (emphasis added). If the mother had a right to appointed counsel, then the JAC should pay Mr. Goettel for his representation in the termination proceedings.
Section 39.807(l)(a), Florida Statutes (2008), provides that an indigent parent has a right to court-appointed counsel in a termination proceeding. But subsection (l)(d) states that subsection (l)(a) “does not apply to any parent who has voluntarily executed a written surrender of the child and consent to the entry of a court order therefor.” Because the mother executed a written surrender, she had no right to appointed counsel for her termination proceeding. The trial court erred in ordering the JAC to pay for counsel’s representation when he was improperly appointed for the termination proceeding.
To warrant certiorari relief, the JAC must demonstrate that the trial court’s order was a departure from the essential requirements of law that resulted in a miscarriage of justice. See Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885, 889 (Fla.2003). In a similar case, the Fifth District held that an order erroneously requiring the JAC to pay for improperly appointed counsel met this stringent standard. Justice Admin. Comm’n v. Harp, 24 So.3d 779 (Fla. 5th DCA 2009). We agree that this error warrants relief and quash the order on review.
Petition for writ of certiorari granted; order quashed.
NORTHCUTT and MORRIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Just. Admin. Comm'n v. McNEILLY, 59 So. 3d 302 (Fla. 5th DCA 2011)…r parental rights.1 Pursuant to section 39.807(1), Florida Statutes (2010),2 the mother was not entitled to publicly-funded counsel. Justice Admin. Conim’n v. Harp, 24 So. 3d 779 (Fla. 5th DCA 2009); [*303] see also Justice Admin. Comm’n v. Goettel, 32 So. 3d 786 (Fla. 2d DCA 2010). Because the mother was not entitled to appointed counsel, JAC was not obligated to pay counsel’s fees. § 29.007(2), Florida Statutes (2010); see also Goettel; Harp. We conclude that the trial court’s order departed from the essen…
Authorities Cited
- Allstate Ins. Co. v. Keely Kaklamanos, 843 So. 2d 885 (Fla. 2003)
- Just. Admin. Comm'n v. Osa J. Harp, IV, 24 So. 3d 779 (Fla. 5th DCA 2009)