Crist v. Fl. Ass'n of Crim. Defense Lawyers

• Decision Date: 13 March 2008
• Docket Number: No. SC08-02.,SC08-02.
• Parties: Charles J. CRIST, Jr., et al., Appellants, v. FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, INC., Appellee.
• Court: Florida Supreme Court

978 So.2d 134

Charles J. CRIST, Jr., et al., Appellants, v. FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, INC., Appellee.

No. SC08-02.

Supreme Court of Florida.

March 13, 2008.

Bill McCollum, Attorney General, Scott D. Makar, Solicitor General, and Louis F. Hubener, Chief Deputy Solicitor General, Tallahassee, Florida, for Appellants.

Sonya Rudenstine, Gainesville, Florida, and D. Todd Doss, Lake City, Florida, for Appellee.

PARIENTE, J.

The issue in this case is whether the Legislature violated article V, section 18 of the Florida Constitution by enacting chapter 2007-62, Laws of Florida, which creates five Offices of Criminal Conflict and Civil Regional Counsel to handle representation in criminal cases where a public defender has a conflict. We conclude that the creation of the five regional offices to handle representation in criminal cases where a public defender has a conflict does not implicate article V, section 18, which requires that the public defender in each circuit be elected. The legislative scheme is an organizational structure that supplants the prior system of private registry counsel and does not establish de facto public defenders in violation of the constitution. For these reasons, we reverse the trial court's grant of a petition for writ of quo warranto and conclude that the Legislature did not act in contravention to article V, section 18 by enacting the legislation.¹

FACTS AND PROCEDURAL HISTORY

We begin with an outline of the legislation that is currently under attack. On May 24, 2007, the Legislature enacted chapter 2007-62, Laws of Florida (the "Act"), creating a revamped system of court-appointed counsel to represent indigent defendants primarily in those cases in which the public defender has a conflict. The Act establishes five Offices of Criminal Conflict and Civil Regional Counsel ("OCCCRC") to be located within the geographic boundaries of each of the five district courts of appeal. § 27.511(1), Fla. Stat. (2007). Each of the OCCCRC is headed by a regional counsel, who is appointed by the Governor to a four-year term and must be either a member in good standing of The Florida Bar or of the bar of another state for the preceding five years. The process by which regional counsel are appointed is as follows: the Supreme Court Judicial Nominating Commission submits three qualified candidates to the Governor, the Governor appoints a regional counsel from this list (unless it is in the best interests of the fair administration of justice for the Governor to request the submission of three new candidates), and the Senate must confirm each nominee. Id. § 27.511(3). The regional counsel is in charge of hiring assistant regional counsel and other support staff pursuant to the General Appropriations Act. § 27.53(4), Fla. Stat. (2007). Although each office is assigned to the Justice Administrative Commission for administrative purposes, they are "not subject to control, supervision, or direction by the commission in the performance of their duties." § 27.511(2), Fla. Stat.

The Legislature established the OCCCRC "to provide adequate representation to persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law . . . in a fiscally sound manner, while safeguarding constitutional principles." Id. § 27.511(1). Accordingly, the Act amended the system by which indigent persons are provided with legal representation at the public's expense, as required by the state and federal constitutions or as authorized by general law. § 27.40, Fla. Stat. (2007). As was the case under the previous system, the public defender in each circuit is primarily responsible for representing indigent defendants who have been charged or arrested for an enumerated list of criminal offenses and in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2007). However, in cases where the public defender determines that a conflict of interest exists, rather than appointing private counsel from a registry list, the new system mandates that the OCCCRC be appointed first. See § 27.511(5), Fla. Stat.² Then, if one of the OCCCRC has a conflict, the Act requires the court to appoint private counsel from the registry. § 27.40(2), Fla. Stat. The significant change in organization was in part motivated by Revision 7 to Article V, which shifted the majority of the burden of funding the court system from the counties to the State, and also to respond to the chronic problem of conflict representation in indigent defense cases. See Fla. S. Comm. on Crim. & Civ. Just. Approp., PCS for SB 1088 (2007) Staff Analysis 1 (Mar. 19, 2007). Subsequently, pursuant to the procedures set forth in the Act, the Governor appointed the five Regional Counsel.

In the wake of the gubernatorial appointments, the Florida Association of Criminal Defense Lawyers ("FACDL") filed a petition for writ of quo warranto, asserting that the Governor exceeded his constitutional authority by appointing the regional counsel.³ In the petition, FACDL contended that the Act improperly established "a second tier of public defender offices to handle criminal conflict cases." In response to the petition, the Governor asserted that the Act did not create a "parallel" system of unelected public defenders, but rather a system to represent criminal defendants only where the public defender is unable to do so. Ultimately the trial court agreed with FACDL and issued an order granting the petition.

Initially, the trial court determined that FACDL had standing to bring the action because it was a member of the general public that is authorized to enforce a public right, such as state officials performing their duties in conformity with the constitution.⁴ The court then determined that the regional counsel "are essentially public defenders that have not been subject to the qualifications" of the constitution. The court found that the Legislature has attempted to create a hybrid state office, which is a public defender for purposes of funding but not for purposes of the qualifications under article V, section 18. Because the constitution expressly requires public defenders to be elected and reside in the circuit, the court concluded that the Legislature was improperly attempting "to amend the Constitution by legislative fiat." The trial court therefore concluded that the Governor acted outside his authority by appointing the five regional counsel and the Senate would exceed its authority by confirming the appointments. Accordingly, the trial court quashed the five appointments, enjoined any further action by the Secretary of State and the Senate to confirm the appointments, and enjoined the regional counsel from performing any duties authorized under the Act. This appeal followed.

ANALYSIS

The issue before the Court is whether the five Offices of Criminal Conflict and Civil Regional Counsel and the five appointed regional counsel are public defenders subject to the qualifications set forth in article V, section 18 of the Florida Constitution. Of particular relevance to the issue before the Court are the provisions of chapters 27 and 29, Florida Statutes, which created the OCCCRC and set forth guidelines for how they will operate within the current indigent defense system. Because the issue before the Court involves the determination of a statute's constitutionality and the interpretation of a provision of the Florida Constitution, it is a question of law subject to de novo review. See Fla. Dep't of Revenue v. City of Gainesville, 918 So.2d 250, 256 (Fla.2005); Zingale v. Powell, 885 So.2d 277, 280 (Fla. 2004).

Although the Court's review is de novo, statutes come clothed with a presumption of constitutionality and must be construed whenever possible to effect a constitutional outcome. See City of Gainesville, 918 So.2d at 256 (quoting Fla. Dep't of Revenue v. Howard, 916 So.2d 640, 642 (Fla.2005)). As this Court has stated, "[s]hould any doubt exist that an act is in violation . . . of any constitutional provision, the presumption is in favor of constitutionality. To overcome the presumption, the invalidity must appear beyond reasonable doubt, for it must be assumed the legislature intended to enact a valid law." Franklin v. State, 887 So.2d 1063, 1073 (Fla.2004). If possible, the act must be construed "to avoid unconstitutionality and to remove grave doubts on that score." Id.

When reviewing constitutional provisions, this Court "follows principles parallel to those of statutory interpretation." Zingale, 885 So.2d at 282. First and foremost, this Court must examine the actual language used in the Constitution. City of Gainesville, 918 So.2d at 256. "If that language is clear, unambiguous, and addresses the matter in issue, then it must be enforced as written." Fla. Soc. of Ophthalmology v. Fla. Optometric Ass'n, 489 So.2d 1118, 1119 (Fla.1986). Additionally, this Court "endeavors to construe a constitutional provision consistent with the intent of the framers and the voters." Zingale, 885 So.2d at 282 (quoting Caribbean Conservation Corp. v. Fla. Fish & Wildlife Conservation Comm'n, 838 So.2d 492, 501 (Fla.2003)). This is because:

The fundamental object to be sought in construing a constitutional provision is to ascertain the intent of the framers and the provision must be construed or interpreted in such manner as to fulfill the intent of the people, never to defeat it. Such a provision must never be construed in such manner as to make it possible for the will of the people to be frustrated or denied.

Id. (quoting Caribbean, 838 So.2d at 501).

With these interpretation principles in mind, we first examine the origins of the Office of the Public Defender and discuss the actual language of article V, section 18 of the constitution, the provision that sets forth the qualifications for public defenders in this State. Next, we review the relevant provisions of chapter 2007-62, which established the...