If there was ever any question that the Florida Legislature were acting like spoiled children this is it. The problem is that these spoiled children have immense power and could care less about the damage they are causing to the Florida citizens, our laws and the separation of powers.
Dean Cannon needs to go!
Written by
Paul Flemming
Special to news-press.com
9:35 PM, May. 5, 2011
How much is life-and-death information worth? We have an answer: $370,000.
That, apparently, is too much.
The Florida Commission on Capital Cases was eliminated Thursday in an unexpected, undiscussed, unfathomable conference of legislators.
The House put into a budget conforming bill - late in the session, without any previous hearings, at an Appropriations Committee meeting - repeal of the state law that created the commission.
Among its duties, the commission maintains detailed case-status information on people condemned to die. Web pages providing that information have had 800,000 visitors. Now it won't exist.
It provides unique Continuing Legal Education courses for capital-defense attorneys.
The commission provides the governor's office with information on death row inmates who have exhausted their appeals and are eligible for death warrants.
The elimination of a single $370,000 appropriation is miniscule in a $70 billion budget that will get rid of more than 4,500 state positions and cut plenty of important spending.
So, the death of the commission and its five staffers is a common enough story.
But it gets nuttier.
Speaker Dean Cannon isn't going to get the full measure of his top priority for this legislative session, the dismantling of the Florida Supreme Court and building it back up in his own imagination.
He wanted to increase the number of justices to 10 and split the court in two, one division for criminal cases, another for civil litigation.
The speaker's idea would have swept clean the judge and justice selection process while centralizing the power for choosing jurists with the governor.
The House passed its speaker's grand plan. The Senate balked.
The expand-and-split scheme is gone. Judicial Nominating Commissions will be swept clean, replaced by members of Gov. Rick Scott's choosing. The Senate will confirm nominations.
Cannon's proposal seemed built on either redressing a past political grudge (the Supremes throwing off the 2010 ballot three legislatively sponsored amendments) or putting in the fix on a prospective political agenda (court review of next year's redistricting plans). Cannon denied both, but his alternative justifications are either demonstrably false or suspect to the point of silliness.
Cannon said he wanted more executions carried out more quickly and that his plan would help. Sen. Ronda Storms, a Valrico Republican who also is a board member for the Commission on Capital Cases, gave the lie to that claim during debate.
She said, as recounted here and elsewhere with information provided by the commission, that the governor had a list of 47 condemned prisoners ready for his signature to execute them.
The holdup to Florida's death machine isn't the state's Supreme Court.
Cannon has another year as speaker. He pulled a familiar gambit. His budget includes $400,000 for a study of the Supreme Court's workload among seven specific areas of inquiry about court efficiency.
State Courts Administrator Lisa Goodner - her office puts together all kinds of studies on the efficiency of the state's court system, exhaustively detailed - said she'll happily cooperate with the study, as she has in many Office of Program Policy Analysis and Government Accountability audits and studies.
"We think the facts that are out there are good facts for the courts," Goodner said. "Those numbers speak for themselves."
With declining funding and rising caseloads, Florida courts, the Supreme Court included maintain admirable clearance statistics.
Cannon and the Florida Legislature seem to doubt it.
"The party conducting the study shall evaluate the data, make selected audits of such data as necessary, and report to the Legislature regarding the accuracy of such data," the budget says.
These studies are not new. Neither are their intentions novel. It's backward engineering the case for a desired policy outcome.
Last year, just at this time, after two sessions where the Legislature failed to act on a Cannon-championed idea to open Florida waters to oil and natural-gas drilling, a study was delivered.
The House, at Cannon's urging, paid $200,000 for this report.
It concluded - while BP's Deepwater Horizon well was gushing in the Gulf - that spills would be small, infrequent and easy to fix.
Spencer T. Kuvin Legal Blog - working at www.800goldlaw.com, the Law Offices of Craig Goldenfarb, P.A. as the Litigation Director/Lead Trial Attorney.
Showing posts with label court. Show all posts
Showing posts with label court. Show all posts
Friday, May 06, 2011
Tuesday, May 03, 2011
The Court Packing Plan is Dead!
This evening the Senate took up and passed an amendment to HJR 7111 that gutted House Speaker Dean Cannon’s legislative assault on our fair and impartial courts. The amendment, co-sponsored by ten Republican Senators, eliminated the proposal to split the Supreme Court into two divisions and give the Governor full reign to select justices. It also did away with the proposal to set court funding at 2.25% of General Revenue, a move that would have potentially locked the judicial branch into perpetual underfunding.
Please take time to contact the lawmakers who sponsored this amendment, and stood strong against extreme pressure from leadership to go along with Cannon’s court “reform” package. To see the list of sponsors and read the amendment, go to http://www.flsenate.gov/Session/Bill/2011/7111/Amendment/289464/HTML
The House has reportedly agreed to the amended proposal. That vote will come later this week. The measures that remain in the bill include Senate confirmation of appellate court judicial appointments and a lowering of the threshold for the legislature to over-rule a court rule of procedure (to 50% instead of 2/3’s, with a requirement for the legislature to provide policy direction for any rule they overturn). The amended joint resolution would also give the Speaker of the House access to JQC investigative files for potential impeachment proceedings. If passed by the House, the proposal will go on the ballot in the 2012 general election.
While no bill would have been our first choice – this is a major victory. We will continue to watch the JNC bill which is still sitting on the special order calendar, although all indications are it will not move forward.
Links to lawmaker contact information are available on our website, http://www.fairandimpartial.com/
Thank goodness for the hard work of all the advocates for justice that worked tirelessly to defeat this bad bill. Hopefully this will show the legislature of Florida, along with the Governer, that they cannot run rough shod over the rights of Florida citizens. The separation of powers is at risk in Florida, and the attorneys at Cohen & Kuvin are working hard to protect your rights against this unlawful intrusion by the legislative and executive branch.
Spencer T. Kuvin
Cohen Kuvin
skuvin@cohenkuvin.com
Please take time to contact the lawmakers who sponsored this amendment, and stood strong against extreme pressure from leadership to go along with Cannon’s court “reform” package. To see the list of sponsors and read the amendment, go to http://www.flsenate.gov/Session/Bill/2011/7111/Amendment/289464/HTML
The House has reportedly agreed to the amended proposal. That vote will come later this week. The measures that remain in the bill include Senate confirmation of appellate court judicial appointments and a lowering of the threshold for the legislature to over-rule a court rule of procedure (to 50% instead of 2/3’s, with a requirement for the legislature to provide policy direction for any rule they overturn). The amended joint resolution would also give the Speaker of the House access to JQC investigative files for potential impeachment proceedings. If passed by the House, the proposal will go on the ballot in the 2012 general election.
While no bill would have been our first choice – this is a major victory. We will continue to watch the JNC bill which is still sitting on the special order calendar, although all indications are it will not move forward.
Links to lawmaker contact information are available on our website, http://www.fairandimpartial.com/
Thank goodness for the hard work of all the advocates for justice that worked tirelessly to defeat this bad bill. Hopefully this will show the legislature of Florida, along with the Governer, that they cannot run rough shod over the rights of Florida citizens. The separation of powers is at risk in Florida, and the attorneys at Cohen & Kuvin are working hard to protect your rights against this unlawful intrusion by the legislative and executive branch.
Spencer T. Kuvin
Cohen Kuvin
skuvin@cohenkuvin.com
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