JUSTICE ADMINISTRATIVE COMMISSION, PETITIONER,
v.
A. KATHLEEN MCNEILLY, ESQUIRE, RESPONDENT
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The Justice Administrative Commission (JAC) is not obligated to pay attorney fees for a mother's court-appointed counsel in a termination of parental rights proceeding when the mother voluntarily surrendered her parental rights.
A mother voluntarily surrendered her parental rights in a termination proceeding. The trial court ordered the JAC to pay the fees of the mother's cour…
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The Justice Administrative Commission (JAC) seeks certiorari review of an order requiring it to pay the attorney fees of a mother’s court-appointed private counsel in a termination of parental rights proceeding. The record reflects that counsel was appointed after the mother had executed a voluntary written surrender of her 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 essential requirements of law. See Goettel; Harp. We grant the petition for writ of certiorari and quash the order under review.
GRANT PETITION, ORDER QUASHED.
TORPY and LAWSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Just. Admin. Comm'n v. Osa J. Harp, IV, 24 So. 3d 779 (Fla. 5th DCA 2009)
- Just. Admin. Comm'n v. Goettel, 32 So. 3d 786 (Fla. 2d DCA 2010)