IN RE: AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.112
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The Florida Supreme Court adopted amendments to Florida Rule of Criminal Procedure 3.112 to require chief judges in each circuit to maintain and share lists of counsel disqualified from representing defendants in capital cases pursuant to Florida Statutes section 27.7045.
The Court amended rule 3.112(d) by retitling it to "Lists of Qualified and Disqualified Conflict Counsel" and adding new subdivision (d)(3) requiring each circuit's chief judge to maintain a list of counsel disqualified under section 27.7045 and forward such lists to all other circuit chief judges, effective July 1, 2021.
[1] The chief judge of each circuit must maintain a list of counsel disqualified from capital case representation under section 27.7045, Florida Statutes.
[2] Lists of disqualified capital case counsel and any amendments must be forwarded to the chief judge of every other circuit.
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Join FLexlaw to unlock all legal intelligence“The chief judge for each circuit shall maintain a list of counsel who are disqualified to provide capital case representation pursuant to section 27.7045, Florida Statutes, and such list and any amendments thereto shall be forwarded to the chief judge of every other circuit.”
The substantive amendment adopted by the Court, establishing the new procedural requirement for managing disqualified capital case counsel.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Criminal Procedure Rules Committee proposed amending rule 3.112 regarding minimum standards for attorneys in capital cases. The prop…
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PER CURIAM.
This matter is before the Court for consideration of proposed amendments to the Florida Rules of Criminal Procedure. We have jurisdiction. See art. V, § 2(a), Fla. Const. The Florida Bar’s Criminal Procedure Rules Committee (Committee) filed a report to amend rule 3.112, Minimum Standards for Attorneys in Capital Cases. The Committee proposed adding a new paragraph to subdivision (d), List of Qualified Conflict Counsel, to include a list in each circuit court of counsel disqualified pursuant to section 27.7045, Florida Statutes (2020) (Capital case proceedings; constitutionally deficient representation) to represent individuals either charged with a capital offense or sentenced to death.
With slight modification to the Committee’s proposal, we amend rule 3.112(d) as follows. First, we retitle subdivision (d) to “Lists of Qualified and Disqualified Conflict Counsel.” Next, we add new subdivision (d)(3), which provides as follows:
The chief judge for each circuit shall maintain a list of counsel who are disqualified to provide capital case representation pursuant to section 27.7045, Florida Statutes, and such list and any amendments thereto shall be forwarded to the chief judge of every other circuit.
Accordingly, we amend Florida Rule of Criminal Procedure 3.112 as reflected in the appendix to this opinion. New language is underscored. The amendments to the rule shall become effective
July 1, 2021.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER