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30 verbatim requirements from Fourth Circuit administrative order 2010-04.
Fourth Judicial Circuit (Duval). Procedural information only; not legal advice.
Verbatim from Fourth Circuit administrative order 2010-04 as published by the Duval County Clerk, harvested 2026-07-25; whitespace normalised only. • WHEREAS, according to Florida Statutes § 744.33l(2), when the Court appoints an attomey for an alleged incapacitated person, the Court “must appoint the Office of Criminal • Statutes § 27.51 1(6)” and such attorney must be included in the Registry compiled pursuant to • 1. if the person is indigent, the Court shall appoint the OCCCRC (or private counsel from the Registry if the OCCCRC is unable to provide representation due to a conflict of interest) and may move to reassign the case to a private attorney if at any time after appointment the OCCCRC determines that the person is not indigent; or • 2. if the person is not indigent or if the Court and the Clerk are not able to determine whether the person is indigent at the time of appointment, the Court shall appoint a private attorney, and if at any time after appointment, the private attorney determines that the person is indigent, the attorney may move to reassign the case to the OCCCRC and seek compensation from the Justice Administrative Commission (JAC) in accordance with § 27.51l(6)(c)2; • That the Chief Judge or his designee, shall be responsible for compiling the registry of attomeys (“the Registry”). • That the Chief Judge or his designee, shall place attomeys on the Registry in accordance with the category of cases in which they are qualified and elect on their application. • The Registry shall be maintained by county and category of case for which the attorney is qualified. • To be considered for placement on the Registry, the attorneys shall certify that they have been a member of The Florida Bar in good standing for at least one year, meet any minimum requirements established by general law, this Administrative Order, or other applicable administrative orders of the Fourth Judicial Circuit. • The attorneys must also certify that they are available to represent indigent defendants in all cases requiring court appointment of private • Justice Administrative Commission’s (“J AC”) contract for services.‘ Any attomey who desires to be considered for placement on the Registry, must enter into a contract for services with J AC. • Attorneys approved for placement on the Registry shall be responsible for notifying the Chief Judge or his designee, of any of the following: a. a change of address, telephone number or fax number; b. a change in categories of cases to which he/she is qualified and willing to be assigned; c. any disciplinary action taken against him/her by The Florida Bar; d. that he/ she has become inactive or is unavailable for appointment. • The experience and other qualifications that each attorney must meet to be considered for, and to maintain placement on, the Registry for various areas of practice chosen are specified on the chart attached to Amended Administrative Order 2004-23, as Attachment as A312 • Amended Administrative Order 2004-23 and Attachment “A” do not address the qualifications required for an attorney who desires to apply to be court-appointed to cases involving petitions for adjudication of incapacity or guardianship proceedings. • Attomeys seeking appointment in such cases shall be required to have completed a minimum of eight (8) hours of education in guardianship pursuant to Florida Statutes § 744.33 l(2)(d) in addition to being a member of The Florida Bar in good standing for a minimum of one (l) year. • A new contract must be entered into each fiscal year. 2Amended Administrative Order 2004-23 and Attachment “A” do not address the required qualifications for an attomey desiring to handle capital trial and capital appellate cases. • Court shall appoint the OCCCRC, which will represent the person unless a conflict of interest exists or the person later is determined to be g indigent. • If the Court and the Clerk determine that the person is not indigent. or if they are not able to determine whether the person is indigent at the time of appointment, the Court shall appoint a private attorney, and the case may be reassigned if it is later detennined that the person is indigent, at which time the private attorney may seek to recover compensation from the J AC according to Florida Statutes §27.5l 1(6)(c)2. • Pursuant to Florida Statutes § 27.40(6), after court appointment, the attorney must immediately file a notice of appearance with the Court, indicating acceptance of the appointment to represent the incapacitated person. • The OCCCRC must certify whether it will accept the case or if there is a conflict, and if a conflict exists, private counsel from the Registry will be assigned to the case in accordance with the procedures set forth below. • The appointed attorney shall also be appointed as Elisor to serve the Notice of Filing • In addition to serving the Notice of Filing Petition and all other required pleadings at the time of service, the appointed attomey acting as Elisor shall also ;ea_d the Notice, Petition and all of the pleadings at such time of serving the Notice on the alleged incapacitated person. • Pursuant to Florida Statutes § 27.40(8), and subject to the attomey-client privilege and the work-product privilege, an attorney who withdraws or is removed from representation shall deliver all files, notes, documents, and research to the successor attomey within fifteen (15) days after receiving notice from the successor attorney. • The successor attomey shall bear the cost of transmitting all files, notes, documents, and research. • Pursuant to Florida Statutes §§ 744.331(2)(a) and 27.40(3)(b), the Court shall appoint attorneys in rotating order in the order in which their names appear on the Registry. • Court must make a finding of good cause on the record for the appointment. • Any attorney not appointed in the order in which the attorney’s name appears on the list shall remain next in order. • Registry in a county or circuit for a particular category of cases is inadequate, the Chief Judge or his designee shall provide to the Clerk of Court the names of at least three private attorneys who have relevant experience. • The Clerk of Court shall send an application to each of these attorneys to register for appointment. • An attomey shall be removed from the Registry if the attomey: a. is disbarred or suspended, or surrenders his/her license to practice law in this state; b. fails to meet the experience or training requirements established herein; c. submits false or fraudulent billing; or d. solicits or receives compensation directly from the client for the case(s) to which the attomey has been appointed. • Any hearing shall be noticed in accordance with Florida’s public meeting laws.
WHEREAS, according to Florida Statutes § 744.33l(2), when the Court appoints an attomey for an alleged incapacitated person, the Court “must appoint the Office of Criminal
Reviewer note: Order PDF sha256: 42e983ea27281a7889c598cee23dfb87fa1734b3fba1464c5b2488ccb646e9bd. Extracted from the order's own text layer. Identity confirmed by the document's /Title.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.