2010.03.19 Indigent Status Granted

[zoey]

09/21/2010 Motion
Justice Administrative Commissions Motion for Clarification of Indigent Status

http://myclerk.myorangeclerk.com/default.aspx

saw that too...how is there any motion filed yet? :waitasec:

 

[merker]

It's there now...:woohoo:
I can't wait to read it!

 

[Intermezzo]

It's there now...:woohoo:
I can't wait to read it!

Same here.
Wonder if any media outlets have noticed the JAC has filed a Motion.

 

[zoey]

It's there now...:woohoo:
I can't wait to read it!

how would I call it up?

 

[whiteangora]

09/21/2010 Motion
Justice Administrative Commissions Motion for Clarification of Indigent Status

http://myclerk.myorangeclerk.com/default.aspx

I can not locate the motion..but hopefully it will be posted soon..this JAC motion has my interest piqued..
What could it be
1)either Baez has failed to submit documents previously requested OR
2)The JAC is suspicious based on new information obtained


09/27/2010 Status Hearing (1:30 PM) (Judicial Officer Perry, Belvin, JR)
10/29/2010 Status Hearing (1:30 PM) (Judicial Officer Perry, Belvin, JR)

This could be interesting. Can JAC take away the indigent status after it has been granted?

 

[momtective]

This could be interesting. Can JAC take away the indigent status after it has been granted?

If Casey has come into some cash then she would no longer be indigent so I can't imagine the JAC not taking away her indigent status.

 

[Intermezzo]

This could be interesting. Can JAC take away the indigent status after it has been granted?

I don't know, that would be an interesting turn of events
A question for our lawyers..AZ??

The JAC is asking for Clarification of Indigent Status...can't wait to read their reasons for filing this motion.

 

[whiteangora]

I'll bet they want to know a little bit more about where
that $300,000.+ disappeared to.

 

[sleutherontheside]

There have been statutory changes since the 2010 legislative session regarding Indigent for Costs.

http://www.justiceadmin.org/faq/Training%20Modules/GuidetoIndCost%209-2010.pdf This was published 9/10/2010

A snip...

The factors prescribed in s. 27.52(4), F.S., including (1) whether the defendant has been released on bail in an amount of $5,000 or more, (2) whether a bond has been posted, the type of bond, and who paid the bond, (3) whether paying for private counsel or other due process services creates a substantial hardship for the defendant or the defendant’s family, and (4) any other relevant financial circumstances of the defendant or the defendant’s family.


If the defendant is convicted, the defendant is liable for reimbursement of due process costs expended by the state. The attorney is responsible for providing an accounting to the court of all costs paid or to be paid within 90 days after disposition of the case notwithstanding any appeals. The court shall then enter an order determining the amount of costs paid which will thereafter be recorded as a lien against the defendant


If the attorney fails to provide a complete accounting such that costs are omitted from the lien, then JAC is not authorized to pay or reimburse any such costs that remain unpaid and the attorney is personally liable to repay the state for any such costs already paid. The clerk of court is authorized to place the attorney on a payment program to obtain repayment of those costs.
See Ch. 2010‐162, §8, Laws of Fla. These changes went into effect on July 1, 2010.

Section 27.52(5), F.S., establishes a presumption of non‐indigency where the estimated attorney’s fees exceed certain specified amounts. As amended, s. 27.52(5), F.S., provides as follows:
There is a presumption that the applicant is not indigent for costs if the amount of attorney’s fees exceeds $5,000 for a noncapital case or $25,000 for a capital case in which the state is seeking the death penalty. To overcome this presumption, the applicant has the burden to show through clear and convincing evidence that the fees are reasonable based on the nature and complexity of the case. In determining the reasonableness of the fees, the court shall consider the amount that a private court‐appointed attorney paid by the state would receive for providing representation for that type of case.



So my question...do these statutory changes impact KC and JB? Or were they grandfathered in under the previous statutes? I assume JAC can request info to verify continued eligibility. That may open up a can of worms. If these changes DO impact them...I think there may be more than a few problems for the defense. Legal input please??

 

[ohiogirl]

how would I call it up?

I don't think you can, you have to wait until the media prints it or go the courthouse and pay for a copy, iirc.

 

[countzero]

http://www.wesh.com/pdf/25101431/detail.html

Here it is ......

JAC is questioning about the new attorneys. Seems JAC had the same questions for JB that we did. JB apparently didn't bother to inform JAC about the additions to the defense team.

 

[nums24]

State Wants To Know If Casey Anthony's Still Broke
Motion Inquires If New Defense Lawyers Will Be Paid

READ MOTION HERE: http://www.wesh.com/pdf/25101431/detail.html

http://www.wesh.com/news/25101308/detail.html

 

[Intermezzo]

http://www.justiceadmin.org/faq/Training Modules/GuidetoIndCost 9-2010.pdf

page 12
....The court's inquiry should be based upon the circumstances present at the time the court considers the motion to declare indigent for costs unless there is evidence that the defendant deliberately transferred assets or impoverished himself or herself in order to be found indigent for costs. See Mansfield v State, 16, so 3d 302, 303 (FLA 5th DCA 2009)

So does the JAC want to know if Casey is still broke?

 

[AZlawyer]

Translation of JAC motion into plain English:

Dear HHJP,

We noticed Casey has a couple of new lawyers. We want to know if she's paying them. If so, maybe she ought to be using that money to pay her costs instead.

Love, the JAC

 

[Intermezzo]

http://www.wesh.com/r/25101308/detail.html

Motion Inquires If New Defense Lawyers Will Be Paid

ORANGE COUNTY, Fla. -- The state body that doles out money to indigent defendants wants to make sure Casey Anthony is still broke.

In a new motion for clarification, lawyers for the Justice Administrative Commission noted that Casey Anthony recently had three new attorneys join her defense team.

JAC lawyers said they don't know whether these lawyers are being paid or doing the work for free.

The agency is asking Judge Belvin Perry to find out.

 

[sleutherontheside]

http://www.justiceadmin.org/faq/Training Modules/GuidetoIndCost 9-2010.pdf

page 12
....The court's inquiry should be based upon the circumstances present at the time the court considers the motion to declare indigent for costs unless there is evidence that the defendant deliberately transferred assets or impoverished himself or herself in order to be found indigent for costs. See Mansfield v State, 16, so 3d 302, 303 (FLA 5th DCA 2009)

So does the JAC want to know if Casey is still broke?

Sounds like it. The motion states any assets paid to her OR ON HER BEHALF!!! I read as...if someone else is paying for anything it may render her indigency no longer valid.

It specifies that any payments to her OR on her behalf must be reported to the court!!!!

 

[Intermezzo]

http://www.wesh.com/pdf/25101431/detail.html

Here's the Motion filed by the JAC

 

[TakeNote]

:laugh: :laugh:

Translation of JAC motion into plain English:

Dear HHJP,

We noticed Casey has a couple of new lawyers. We want to know if she's paying them. If so, maybe she ought to be using that money to pay her costs instead.

Love, the JAC

 

[sleutherontheside]

As usual JB doesn't ask permission and goes straight to asking forgiveness.

"Umm, uh, you see what happened was, um I forgot to call you. Did my assistant not do that?"

 

[sleutherontheside]

If JAC doesn't cover costs in civil cases.....guess Mr. Green must be rather generous to donate his time and overhead.