Summary
In Still v. Justice Administrative Commission, 82 So.3d 1168 (Fla. 4th DCA 2012), we held that the court departed from the essential requirements of law in considering the state's ability to pay such an award given the difficult economic times.
Summary of this case from O'Donnell v. Justice Admin. Comm'nOpinion
No. 4D12–493.
2012-03-14
Ira W. STILL, III, Esq., Petitioner, v. JUSTICE ADMINISTRATIVE COMMISSION, Respondent.
Beverly A. Pohl of Broad and Cassel, Fort Lauderdale, and Ira W. Still, III, Coral Springs, for petitioner. Ana Cristina Martinez, General Counsel, and Christian D. Lake, Assistant General Counsel, Tallahassee, for respondent.
Beverly A. Pohl of Broad and Cassel, Fort Lauderdale, and Ira W. Still, III, Coral Springs, for petitioner. Ana Cristina Martinez, General Counsel, and Christian D. Lake, Assistant General Counsel, Tallahassee, for respondent.
PER CURIAM.
Petitioner Ira W. Still, III, seeks certiorari review of two trial court orders limiting his attorney's fees for representation of the same defendant in two separate Broward Circuit Court criminal prosecutions. The 2008 case was a prosecution for armed burglary of a conveyance and aggravated battery with a deadly weapon. The 2009 case was a prosecution for attempted first degree murder, armed kidnapping and tampering with a witness. After trial in the 2008 case, the defendant was acquitted. In the 2009 case, one charge was dismissed and the others resulted in a not guilty verdict. Petitioner sought $16,335 in fees in his amended fee application in the 2008 case, and $95,872.50 in his amended fee application for the 2009 case.
At the evidentiary hearing on his motion to exceed the statutory fee limits pursuant to section 27.5304(12), Florida Statutes, petitioner presented expert testimony that the statutory limit on fees would be totally inadequate and confiscatory in these two cases. Justice Administrative Commission (JAC) counsel objected only on the grounds that the fees requested exceeded the statutory flat fee limit. The judge expressed concern at this hearing about whether the State of Florida could afford to pay the fees sought given the economy.
The trial court awarded $5,000 in the 2008 case and $15,000 in the 2009 case. It acknowledged in the written order awarding fees in the 2008 case that trial had taken four days and required extensive preparation, requiring counsel to clear much of his calendar and devote his time to preparation of the case due to its age. The second order provided that trial had taken eleven days and required extensive preparation, involving novel issues of cell phone technology and Williams
WARNER, POLEN and DAMOORGIAN, JJ., concur.
1. Williams v. State, 110 So.2d 654 (Fla.1959).