IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO PA/PI-CIR

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1 IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO PA/PI-CIR RE: COURT APPOINTED ATTORNEYS FOR DEPENDENT CHILDREN WITH SPECIAL NEEDS Section , Florida Statutes, requires the Court to appoint a private attorney to represent a dependent child with special needs if the Statewide Guardian Ad Litem Office is unable to recommend an attorney to represent the child. The Judicial Administrative Commission contracts with the appointed attorneys in accordance with section (5), Florida Statutes. The current Sixth Judicial Circuit Registry does not include attorneys to be appointed as counsel for dependent children with special needs. The Court appoints those attorneys from a registry that the Guardian Ad Litem and the Judicial Administrative Commission develop and provide to the Court. Effective July 1, 2015, the Guardian Ad Litem and Judicial Administrative Commission registry will no longer be maintained or available to the Court. See Ch , Laws of Fla. It is therefore necessary for the Court to establish and maintain a list of attorneys to be appointed for dependent children with special needs in Pasco and Pinellas Counties. Therefore, in order to provide for the appointment of counsel for dependent children with special needs and pursuant to the authority of the Chief Judge in accordance with Article V, 2, Florida Constitution, Rule of Judicial Administration 2.215, and 43.26, Florida Statutes, it is ORDERED: 1. Attachment (A) to Administrative Order PA/PI-CIR, entitled Sixth Judicial Circuit Registry Attorney Standards and Qualifications, is hereby amended as attached to this Administrative Order as Attachment (A). 2. The Court hereby adopts the Judicial Administrative Commission s Registry for Children with Certain Special Needs for Pasco and Pinellas Counties, as attached to this Administrative Order as Attachment (B). Each of the listed attorneys is approved to serve as a court-appointed attorney for a dependent child with special needs pursuant to section , Florida Statutes, until further order of the Court. 3. Registry attorneys must comply with paragraphs I.A. I.G. of Administrative Order PA/PI-CIR. All terms of Administrative Order PA/PI-CIR not in conflict with this Administrative Order remain in full force and effect. DONE AND ORDERED in Chambers at St. Petersburg, Pinellas County, Florida, this day of June, ORIGINAL SIGNED ON JUNE 30, 2015 BY ANTHONY RONDOLINO, ACTING CHIEF JUDGE Attachments: (A) Sixth Judicial Circuit Registry Attorney Standards and Qualifications (B) Judicial Administrative Commission Registry for Children with Certain Special Needs

2 cc: All Judges The Honorable Bernie McCabe, State Attorney The Honorable Bob Dillinger, Public Defender The Honorable Paula O Neil, Clerk of the Circuit Court, Pasco County The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County Gay Inskeep, Trial Courts Administrator Ngozi Acholonu, Assistant Regional Counsel Myriam Irizarry, Chief Deputy Director, Pinellas County Clerk s Office Lillian Simon, Director of Administrative Services for Pasco County Court Appointed Attorneys Bar Associations, Pasco and Pinellas Law Libraries, Pasco and Pinellas 2

3 SIXTH JUDICIAL CIRCUIT REGISTRY ATTORNEY STANDARDS AND QUALIFICATIONS ATTACHMENT (A) to All Sixth Judicial Circuit Registry attorneys must meet the following experience and other qualifications as specified below for each list on which the attorney serves. An attorney s failure to comply with these requirements may result in removal of the attorney from all court-appointed lists. NOTE: All continuing legal education (CLE) must have been approved by The Florida Bar. Crime Lists Registry List Name and Qualifications Geographic Service ALL Criminal, Juvenile Delinquency & Jimmy Ryce Trial & Criminal Appellate Counsel. Non-capital felony and misdemeanor trials. 1 st degree felony trials 2 nd degree felony trials 3 rd degree felony trials Misdemeanor trials Criminal Contempt Involuntary Commitment of a defendant adjudicated not guilty by reason of insanity Criminal postconviction Interstate Extradition Post Sentence DNA testing Withdrawal of Plea Parole Revocation Probation Revocation Any other proceeding not noted elsewhere that may result in the 1. Have completed within the last 12 months, 10 hours of criminal law CLE. 2. Be familiar with the practice and procedure of the criminal courts in the Sixth Circuit. 3. Meet the experience requirements as stated below applicable to the alleged offense/event. 4. No later than May 15, 2016, have completed the continuing legal education course described in Florida Rule of Criminal Procedure Non-capital Felony & Misdemeanor Trials: 1. Member in good standing with The Florida Bar for the previous three years. 2. Experienced and active trial practitioner with no fewer than ten state or federal jury trials. 3. Served as lead counsel or co-counsel in ten felony cases, including five jury trials that were tried to completion. 3 Pasco, Pinellas

4 incarceration of defendant/respondent. Juvenile Delinquency trials Crime Lists Registry List Name and Qualifications Geographic Service Juvenile Delinquency Trials: 1. Member in good standing with The Florida Bar for the previous 12 months. 2. Familiar with practice and procedure of delinquency proceedings. 3. Experienced trial practitioner with no fewer than 3 delinquency dispositions or 3 state or federal jury or non-jury trials. 4. Have completed 3 hours of CLE in delinquency law within the last 12 months. This CLE may be part of the 10 hrs. of criminal law CLE required for all Crime list conflict trial counsel. Alternatively, the attorney may annually complete at least 3 hrs. of CLE concerning legal advocacy for children; if this alternative is chosen, the CLE may not be counted towards the 10 hrs. of CLE required for all Crime list attorneys. Pasco, Pinellas Criminal, Juvenile Delinquency, & Jimmy Ryce Appeals Non-capital felony, misdemeanor, juvenile delinquency & Jimmy Ryce civil confinement appeals. Criminal, Juvenile Delinquency, and Jimmy Ryce Appeals: 1. Member in good standing with The Florida Bar for the previous three years. 2. Completed within the last 12 months of ten hours of CLE devoted to appellate law. 3. An experienced and active practitioner in the field of appellate criminal law or have experience in the appeal of at least five criminal cases. Capital death penalty trials In accordance with (5), Fla. Stat., a capital case is any offense for which the potential sentence is death and the state has not waived seeking the death penalty. Attorneys on this list who are also on the registry of attorneys maintained by the Justice Administrative Commission under section (1), Florida Statutes, may be appointed to represent defendants in capital postconviction Death Penalty Trials Lead Counsel and Death Penalty Trials Co-counsel: Meet the requirements of Florida Rule of Criminal Procedure Rule 3.112(f) for Lead Counsel, and 3.112(g) for Co-Counsel, plus: a. Member in good standing with The Florida Bar for the previous five years; b. In addition to the continuing legal education requirements of 3.112(f)(7) and 3.112(g)(2)(E), respectively, during any year that counsel does not attend a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases, counsel is required to obtain the case law update materials from the Public Defender s Office or the Florida Public Defender Association, Inc.; and c. Must not have provided constitutionally deficient representation, as determined by courts in two capital proceedings (trial, appellate, or postconviction), with the latest determination being made in a final order entered within the previous five years. Florida Rule of Criminal Procedure 3.112(f-g). 4 Lead Counsel and Co-Counsel

5 proceedings in the Sixth Circuit (f) Lead Counsel. Lead trial counsel assignments should be given to attorneys who: Capital death penalty trials (Continued) Crime Lists Registry List Name and Qualifications Geographic Service (1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and (2) are experienced and active trial practitioners with at least five years of litigation experience in the field of criminal law; and Lead (3) have prior experience as lead counsel in no fewer than nine state or federal jury trials Counsel and Coof serious & complex cases which were tried to completion, as well as prior experience Counsel as lead defense counsel or co-counsel in at least two state or federal cases tried to completion in which the death penalty was sought. In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder; or alternatively, of the nine jury trials, at least one was a murder trial & an additional five were felony jury trials; and (4)are familiar with the practice & procedure of the criminal courts of the jurisdiction; and (5) are familiar with and experienced in the utilization of expert witnesses and evidence, including but not limited to psychiatric and forensic evidence; and (6) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases, including but not limited to the investigation and presentation of evidence in mitigation of the death penalty; and (7) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases. Attorneys on the Lead Counsel list may also be appointed as independent, special counsel in accordance with Marquardt v State, 156 So. 3d 464 (Fla. 2015) to represent the public interest in bringing forth all available mitigation for the benefit of the jury, the trial court, and [the Supreme Court]. Note: In accordance with section , Fla. Stat., the Board of Executive Clemency appoints private attorneys from a list that it maintains to represent persons sentenced to death in and seeking relief by executive clemency. Death Penalty Trials Lead Counsel and Death Penalty Trials Co-counsel Cont d: 3.112(g) Co-counsel. Trial co-counsel assignments should be given to attorneys who: (1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; & (2) qualify as lead counsel under paragraph (f) of these standards or meet the following requirements: (A) are experienced & active trial practitioners with at least three years of litigation experience in the field of criminal law; & (B) have prior experience as lead counsel or co-counsel in no fewer than three state or federal jury trials of serious & complex cases which were tried to completion, at least two of which were trials in which the charge was murder; or alternatively, of the three jury trials, at least one was a murder trial & one was a felony jury trial; & (C) are familiar with the practice & 5

6 procedure of the criminal courts of the jurisdiction; & (D) have demonstrated the necessary proficiency & commitment which exemplify the quality of representation appropriate to capital cases, & (E) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases. Crime Lists Registry List Name and Qualifications Geographic Service Capital death penalty Appeals Death Penalty Appeals: Meet Florida Rule of Criminal Procedure Rule 3.112(h), plus: a. Member in good standing with The Florida Bar for the previous five years; b. In addition to the continuing legal education requirements of 3.112(h)(6), during any year that counsel does not attend a continuing legal education program of at least 12 hrs. duration devoted specifically to the defense of capital cases, counsel is required to obtain the case law update materials from the Public Defender s Office or the Florida Public Defender Association, Inc.; and c. Must not have provided constitutionally deficient representation, as determined by courts in two capital proceedings (trial, appellate, or postconviction), with the latest determination being made in a final order entered within the previous five years. Florida Rule of Criminal Procedure 3.112(h). (h) Appellate Counsel. Appellate counsel assignments should be given to attorneys who: (1) are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; & (2) are experienced and active trial or appellate practitioners with at least five years of experience in the field of criminal law; & (3) have prior experience in the appeal of at least one case where a sentence of death was imposed, as well as prior experience as lead counsel in the appeal of no fewer than three felony convictions in federal or state court, at least one of which was an appeal of a murder conviction; or alternatively, have prior experience as lead counsel in the appeal of no fewer than six felony convictions in federal or state court, at least two of which were appeals of a murder conviction; & (4 )are familiar with the practice and procedure of the appellate courts of the jurisdiction; & (5) have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases; & (6) have attended within the last two years a continuing legal education program of at least twelve hours' duration devoted specifically to the defense of capital cases. 6

7 Jimmy Ryce Involuntary Civil Confinement Trials Dependency Proceedings. Dependency Shelter Hearings Dependency adjudication Judicial Review Children in Need of Services /Families in Need of Services --Attorney for Parent Termination of Parental Rights (TPR) --Chapter 39 --Chapter 63 Jimmy Ryce Trials: 1. Member in good standing with The Florida Bar for the previous 3 years. 2. Be familiar with the practice & procedure of the criminal & civil courts in the Sixth Judicial Circuit. 3. Experienced & active trial practitioner with no fewer than ten state or federal jury trials. 4. Served as lead counsel or co-counsel in ten felony cases, including five jury trials that were tried to completion. 7 Pasco, Pinellas Dependency Lists Registry List Name and Qualifications Geographic Service Dependency Attorney for Parent: 1. Member in good standing with The Florida Bar for the previous 3 years. 2. Familiar with practice and procedure of dependency proceedings, including the Pasco, Pinellas application of the Juvenile Rules of Procedure and the Family Law Rules of Procedure. 3. Observation of at least 30 hours of hearings, including six shelter hearings, three dependency hearings, and one termination of parental rights (TPR) hearing. 4. Have completed within the last 12 months three hours of CLE in dependency law. Children in Need of Services /Families in Need of Services --Attorney for Child Dependency w/mental health (residential treatment) Emancipation Attorney Ad Litem for child Parental Notice of Abortion Act Any other proceeding where a child is entitled to representation (except for attorneys appointed for dependent children with special needs in accordance with section , Fla. Stat.) Dependent Children with Special Needs, including appeals, in accordance with section , Fla. Stat. Attorney for Child: Meet requirements for Dependency List, plus complete three-hour training course offered by the Guardian Ad Litem program. Attorney for Dependent Child with Special Needs: 1. Member in good standing with The Florida Bar for previous three years. 2. Familiar with the practice and procedure of dependency proceedings, including the application of the Juvenile Rules of Procedure and the Family Law Rules of Procedure. 3. Familiar with the Florida Guidelines of Practice for Lawyers who Represent Children in Pasco, Pinellas

8 Abuse and Neglect Cases. 4. Within the last 2 years, attended at least 10 hours of CLE on the legal needs of children, including 5 hours addressing the representation of children with special needs or disabilities, and 1 hr. on ethics related to the representation of children; must meet CLE requirements within 3 months of appointment to the registry. At least 1 year experience representing children in dependency cases within the last 5 years; or be currently supervised by an attorney who has at least 1 year of experience representing children in dependency cases; or have observed at least 30 hrs. of dependency hearings including 1 shelter hearing, 1 dependency adjudicatory hearing, 1 judicial review hearing, 1 hearing pursuant to Rule or Fla. R. Juv. P., and one TPR trial. Dependency Lists Registry List Name and Qualifications Geographic Service Appeals of dependency proceedings conducted by a Dependency Attorney for Parent or an Attorney for Child. Note: in accordance with section (4)(b), Fla. Stat., appeals of proceedings conducted by an attorney for dependent children with special needs are handled by that attorney. Standard Guardianship Proceedings including: Developmental Disabilities Guardianship proceedings under Ch. 744, Fla. Stat. Attorney Ad Litem for estate Dependency Appeals: 1. Member in good standing with The Florida Bar for the previous three years. 2. Familiar with the practice & procedure of dependency proceedings in the Sixth Circuit. 3. Appellate practitioner with at least three years exp. in dependency or appellate law. 4. An experienced & active practitioner in the field of appellate law or have experience in the appeal of at least five cases not limited to dependency or TPR cases. 5. Have completed within the last 12 months three hours of CLE in dependency law. 8 Guardianship Lists Registry List Name and Qualifications Geographic Service Standard Guardianship: 1. Member in good standing with The Florida Bar for the previous 3 years. 2. Familiar with practice and procedure of guardianship proceedings in the Sixth Circuit. Pasco, Pinellas 3. Experienced trial practitioner who has represented clients in no fewer than fifteen (15) guardianship proceedings. 4. Have completed within the last 12 months three hours of guardianship CLE. 5. Have completed eight hours of continuing legal education in guardianship law or have served as an attorney of record for guardians for three or more years. Emergency Guardianship proceedings, including: Adult Protective Services Substance abuse assessment (Marchman Act) Mental Health (Baker Act) Tuberculosis Victims Emergency Guardianship: Meet the requirements for the Standard Guardianship List, plus: Certify familiarity with statutory and case law for the following proceedings and certify competency to provide representation in the following proceedings: Chapter 415 for Adult Protective Services; the Marchman Act; the Baker Act; Chapter 392 for victims of tuberculosis; Chapter 744 & 765 and Fla. R. Prob Health Care Advance Directives; and Chapter 384 for victims of sexually transmitted diseases. Pasco, Pinellas

9 Healthcare Adv. Directives Sexually Transmissible Disease Victims Guardianship Appeals Guardianship Appeals: 1. Member in good standing with The Florida Bar for the previous 3 years. 2. Familiar with practice and procedure of guardianship proceedings in the Sixth Circuit. 3. Experienced appellate practitioner who has represented clients in no fewer than 5 appeals. 4. Have completed within the last 12 months three hours of guardianship CLE. 5. Have completed eight hours of CLE in guardianship law or have served as an attorney of record for guardians for three or more years. Other Registry List Name and Qualifications Geographic Service No standards set. Chief Judge will analyze type of case involved and use exigent circumstance authority to appoint appropriately qualified member of The Florida Bar. Servicemembers Civil Relief Act (50 App. U.S.C.A. 521 (b)(2)). Require plaintiff to pay $ fee. If plaintiff indigent, JAC to pay. Updated Attachment A June 29,

10 JUSTICE ADMINISTRATIVE COMMISSION REGISTRY FOR CHILDREN WITH CERTAIN SPECIAL NEEDS Bar No. First Name Last Name Circuit Patricia Alten Erin K. Barnett 6 Pinellas Barnett@barnettwoolums.com Thomas J. Biniak tbiniak@tampabay.rr.com Eric P. Boles ericboles@ericboleslaw.com Nancy L. Browder nparhamlaw@hotmail.com Cynthia Bryant 6 Pinellas clearwatercindy@aol.com Larry Cangro cangrolaw@gmail.com Melissa A. Cordon mcordon@mcordonlaw.com Lorieann M. Cox lcox.coxandassociates@gmail.com Ronald Frankel ronfrankel@tampabay.rr.com Keith J. Ganobsik kjfgone@gmail.com William E. Gottfried wgfirm@aol.com Jonathan E. Hackworth jhack@bhtampa.com Julia W. Knight jknight@mcordonlaw.com Heather M. Madigan hmadigan@icloud.com Bowdre M. McAlister bowdremc@yahoo.com Ann Martino Price Legallymom3@aol.com Melanie Quattrone 6 Pasco melanieq@quattronefamilylaw.com Jessica L. Rae jrae@lawprogram.org Amanda Adel Riyad Amanda.Riyad@gmail.com Jaime Rodriguez Girgenti jaine@wagstafflawoffice.com Donna Rose floridaadoptionlaw@yahoo.com Stephen P. Russell srusselllaw@gmail.com John E. Tuthill tuthilllaw@aol.com Lana Zabriskie Lana.zabriskie@yahoo.com Sixth Circuit Administrative Order PA/PI-CIR - Attachment B 10