http://www.justiceadmin.org/faq/Training%20Modules/Expert%20Billing%208-2010.pdf
Out‐of‐State Experts:
The use of out‐of‐state experts is not authorized when there are competent experts available within Florida.
An attorney should not seek authorization from the court for out‐of‐state experts absent a showing that there are no providers with appropriate skills or expertise available, first, in the county in which the case was filed, and second, in any other county in Florida.
If an attorney retains an out‐of‐state expert without such a showing, then the attorney or expert cannot obtain reimbursement through JAC for travel expenses, including compensation for travel time.
Any order authorizing the employment of out‐of‐state experts must be in writing
and contain specific findings regarding the unavailability of a qualified in‐state expert.
Multiple Defense Experts:
Generally, the defense is only entitled to one expert in an area
An expert must submit an itemized billing invoice. The invoice must include the date of service, type of service(s) provided, and amount of time worked for each service. The billing must be sufficiently detailed so that JAC can assess the reasonableness of the work done in the matter.
Services should be billed in hours and tenths of hours. An expert may not bill in quarter hour increments.
An expert may not bill for services across multiple dates with a single entry. The billing must provide each date of service and the time worked on that date.
By January 1, 2011, due process providers including experts mustparticipate in a direct deposit program which allows for transfer of funds electronically to an account at a federal‐chartered or state‐chartered financial institution. If a provider seeks an exemption from this provision, the provider must submit in writing a request for exemption specifically delineating why he or she cannot comply with this provision.
JAC does not review or process the application to set up electronic funds transfer. The application must be submitted directly to the Department of Financial Services (DFS).Information and the forms necessary are available on DFS’s website:
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http://www.myfloridacfo.com/aadir/direct_deposit_web/ind ex.htm
Retur
So.....after reading these excerpts...does anyone else question the real issue????
So good to see you on the board, friend. You always come with the good stuff!
The thing I recall with Judge Perry is that he asked very, very specifically (I will find the tape)
how far along in their work was each expert.
He was mindful (although this apparently escaped Baez) to ask qualifying follow up questions. He opined that if indeed an out of state expert was more than 50-60 percent complete with their work, it wouldn't be prudent to abandon their efforts and have a local expert begin at zero and have to repeat all of the work that had been done.
The trouble with this for the defense is that they are stuck with their answers they gave the judge. I get it that an expert would want to do their own research, rather than hang their hat on someone else's findings, but with a lawyer, surely they could read the interview transcripts, or watch the video taped interviews the other lawyer and or investigator did, right? If that weren't the case, no one would ever be able to substitute counsel.
Bringing on the new dp qualified lawyer recently, likewise, I believe would be outside of these guidelines Judge Perry was using for a threshold. Andrea Lyon, just judging by her testimony in the hearing about Casey's finances detailed over a thousand hours and months and months of work she and mitigation specialists folks she had hired, and even her students had worked on the mitigation aspect of this trial. So now to pay another lawyer, an out of state lawyer to begin work on this, for the next six months to reinvent the wheel, and ask the state to pay for it is just not going to work, imo.
In my work, if I have to hire a few folks to work part time for me to accomplish my goal, that is wholly irrelevant to the client. They are paying me the agreed upon fee and how I divide that up is of no concern to them. That seems to be the position of the JAC, if you, Mr. Baez as a privately retained lawyer want to hire another lawyer to help you with your tasks, have at it...but that is on YOU, not the state.
I think his entire motion is par for the course, wrong on the facts and wrong on the law. I believe the JAC and especially Judge Perry will make very short order of this.
We know, or at least can infer, that the defense had done a thorough psych study of Casey, that her extended family has been interviewed every which way , her guidance counselors, teachers, childhood friends have been interviewed to discern if there was any trauma to her, sexually, physically or emotionally, that her complete medical history has been examined, both parents have been thoroughly investigated for any past allegations of abuse, etc.
Andrea was not sitting on her hands. She was working this case, imo. So all of her notes and findings do not need to be repeated. Right? I would think Cheney Mason with his thirty years of practicing law could take her mitigation file and run with it, argue it with passion, right? The judge has eluded to his opinion leaning that way...Mr. Mason, I have seen you work, sir, you will have no problems he told him once ( paraphrasing).
Even if Baez had a very poor understanding of the JAC rules, if I were the lawyer or expert from out of state, way before I signed on, I would take it upon myself to make sure I understood the rules. I live by that Ronald Reagan quote, "Trust, but verify"! Do any of you do any work , ever , without knowing that you will be paid? I don't.
What do you make of the other lawyers and experts signing on without looking into this? By now , Mr. Baez is; unfortunately, notorious for being wrong on the facts and wrong on the law. Surely they knew this. Canadians and folks from England know this.:waitasec::snooty:
What do you know about the person, if it has been divulged who, the defense is replacing Mrs. Baden with?
