IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 3-28.1

RE: JIMMY RYCE CIVIL COMMITMENT CASES

In order to provide for the orderly appointment and compensation of court appointed counsel in cases arising under Section 394.916, Fla. Stat., it is

ORDERED:

This administrative order shall apply to attorneys appointed to represent respondents in cases arising under Section 394.916, Fla. Stat. (Jimmy Ryce Civil Commitment cases) wherein the Public Defender cannot represent the respondent because of a conflict of interest based on an issue of ethics.

The assigned judge will make the appointment from the court appointed list.

By accepting the appointment, attorneys agree to execute a contract with the Justice Administrative Commission (JAC). By singing the contract with JAC, attorneys indicate an understanding that compensation will be made through and by JAC. For work performed on or after the effective date of this order, the attorney shall be compensated at the rate of $90.00 per hour for in-court work or out-of-court work for services rendered as court appointed counsel. No fee incurred after the effective date of this order may exceed a total of $5,000.00 for any case without specific approval from the assigned judge. In order to exceed this amount, the attorney must document the extraordinary nature of the case.

a. Attorneys shall receive compensation from JAC for costs and expenses as provided for in their contract.

b. Extraordinary costs, such as expert witnesses and psychological reports, incurred on behalf of the respondent must have prior, written approval of the court.

This order shall have effect upon entry. Administrative Order No. 3-28.0, entered September 4, 2002 is hereby VACATED.

DONE AND ORDERED on this 19th day of July 2004.

RONALD A. HERRING

Chief Judge