Martin County, Florida v. Makemson Okeechobee County, Florida v. Dennis, No. 86-636
| Court | United States Supreme Court |
| Writing for the Court | WHITE |
| Citation | 107 S.Ct. 908,93 L.Ed.2d 857,479 U.S. 1043 |
| Parties | MARTIN COUNTY, FLORIDA v. Robert MAKEMSON and Robert G. Udell; OKEECHOBEE COUNTY, FLORIDA v. Robert Lee DENNIS et al |
| Docket Number | No. 86-636 |
| Decision Date | 12 January 1987 |
v.
Robert MAKEMSON and Robert G. Udell; OKEECHOBEE COUNTY, FLORIDA v. Robert Lee DENNIS et al
Supreme Court of the United States
On petition for writ of certiorari to the Supreme Court of Florida.
The petition for a writ of certiorari is denied.
Page 1044
Justice WHITE, dissenting.
Petitioners are two political subdivisions in the State of Florida that have filed a single petition for certiorari, under this Court's Rule 19.4, seeking review of two separate judgments of the Supreme Court of Florida. Both cases present the same federal constitutional question; I set forth the facts in Martin County v. Makemson only.
Respondent Robert Makemson was appointed under Florida law to represent a defendant charged with first-degree murder, kidnaping, and armed robbery. Respondent's representation of the defendant spanned a 9-month period, and upon completion of the task respondent petitioned the trial court, pursuant to Fla.Stat. § 925.036 (1985),* for attorney's fees in the amount of $9,500. Section 925.036(2)(d) establishes a limit of $3,500 on compensation to appointed attorneys who represent capital defendants at trial. Notwithstanding this provision, the state trial court awarded respondent the $9,500 he requested, declaring that " 'in setting rigid maximum fees without regard to the circumstances in each case[, § 925.036] is arbitrary and capricious and violates the due process clause of the United States and Florida Constitutions.' " 491 So.2d 1109, 1111 (1986). The Fourth District Court of Appeals quashed the trial court's order declaring § 925.036 unconstitutional and certified several pertinent questions to the Florida Supreme Court. 464 So.2d 1281 (1985). The Supreme Court held, inter alia, that the statute, while facially valid, was unconstitutional as applied to this case. The court reasoned:
"[W]e find that the statutory maximum fees, as inflexibly imposed in cases involving unusual or extraordinary circum-
Page 1045
stances, interfere with the defendant's sixth amendment right 'to have the assistance of counsel for his defense.' The statute, as applied to many of today's cases, provides for only token compensation. The availability of effective counsel is therefore called into question in those cases when it is needed most.
* * * * *
[Section 925.036] interferes with the sixth amendment right to counsel. . . . [W]e must not lose sight of the fact that it is the defendant's right to effective...
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