Office of Program Policy Analysis and Government Accountability
Office of Program Policy Analysis and Government Accountability

Performance of Collateral Counsels Improved; Registry Accountability Needs to Be Revisited

Report 01-52, November 2001




Report Summary

  • Legislative reforms have dramatically improved the system for the legal representation of death row inmates in the courts system.
  • The division of the capital collateral counsel into three independent offices monitored by the Commission on Capital Cases has improved accountability and performance.
  • The creation of a registry of private attorneys to take regional counsel conflict and overflow cases has eliminated the prior backlog of capital collateral cases. However, the registry lacks the financial and performance accountability of the regional counsels. The commission should provide additional oversight to assure the registry's proper operation.
  • The repository, which collects and reproduces the multitude of case records, has significantly improved operations through technology and outsourcing.
  • Rather than pursuing the dual-track post-conviction concept, which would increase costs by an estimated $14 million, Florida should try to eliminate delay in the capital collateral system by qualifying for the "opt-in" provisions of the federal Anti-Terrorism and Effective Death Penalty Act.

Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
Copies of this report in print or alternate accessible format may be obtained by email OPPAGA@oppaga.fl.gov, telephone (850) 488-0021, or mail 111 W. Madison St., Room 312 Tallahassee, FL 32399-1475.
criminal justice, juvenile justice, crime, corrections, sexually violent predators, sex offenders, treatment, ryce act, martin, liberty, mentally ill, desoto, monitoring, evaluation, death row, death penalty, post conviction appeals, attorney registry, capital punishment, collateral representation, repository, capital collateral regional counsel