Amended Designation of Assistant State Attorney

[cboldt]

No document at the 18th Circuit collection of documents, but this entry appears on the docket sheet.  I looked at the governor's office website for a copy of this (in the executive orders area), and did not see any change at 12-279, or in the collection of EO's for this year.

The original assignment, 2012-72 is not titled "Designation of Assistant State Attorney," but is in the nature of "Assigning a State Attorney."  Corey is the assigned state attorney.  She was given the power, under the original EO, to designate assistant state attorneys and investigators.

All that to support my speculation that this amended designation originates with Corey.  It is probably nothing more than designating additional assistant state attorneys for trial duty, or specifying existing designated assistant state attorneys for trial duty.

05/08/2013  FREE  AMENDED DESIGNATION OF ASSISTANT STATE ATTORNEY PURSUANT TO EXECUTIVE ORDER
05/08/2013    FREE    OF THE GOVERNOR #12-279

Edited to add the substantive recitation in a "Designation of Assistant State Attorneys and Investigators" filed in the trial court, by Corey.

Pursuant to Executive Order #12-279, Bernardo E. de la Rionda, Assistant State Attorney, John Guy Assistant State Attorney, Richard W. Mantei, Assistant State Attorney, Mark A. Caiiei, Assistant State Attorney, Cheryl R. Peek, Assistant State Attorney. T.C. O'Steen, investigator, Dale Gitbreath, investigator and Dave Bispiinghoff Investigator are hereby designated to handle the investigation, prosecution and representation of the State of Florida in the foregoing matter. DATED this 2nd day of January, 2013.

[DebFrmHell]

  4/12/12

Isn't this the same thing?  It is back from April of last year.

Add Richard Mantei 6/4/12

[cboldt]

4/12/12

Isn't this the same thing?  It is back from April of last year.

Add Richard Mantei 6/4/12

It's the same type (for want of a better term) of document, but another one has been filed.  IOW, this amendment isn't adding Mantei.

[cboldt]

Amended Designation of ASA Pursuant to Executive Order of the Governor 12-279.pdf

Looks to be adding a handful of investigators.  Dave Bisplinghoff, Scott. R. Hughes, Ernest Edwards, Brian Barnhart and Robert Hinson.

Edit to change "Eisplinghoff" to "Bisplinghoff"   

[DebFrmHell]

That will make 6 lawyers and 7 investigators.  Right?  Why so much power if their case is so solid?

[cboldt]

That will make 6 lawyers and 7 investigators.  Right?  Why so much power if their case is so solid?

Reminds me of the old joke about why girl brains are more expensive than boy brains (reverse the sexes at will).  The reason is that it takes 10 times as many girls to get a pound of brains.  Similar principle here.  There isn't much in the way of inculpatory evidence, so it takes lots and lots of investigators to search for that needle in a haystack.

[cboldt]

Over at Nettle's blog, ackbarsays points out a statutory limit to the governor's authority, where the term of a special prosecutor is limited to 12 months, unless the governor petitions the Supreme Court of Florida for approval to gran an extension.

Florida Statutes 27.14

27.14 Assigning state attorneys to other circuits.--

(1) If any state attorney is disqualified to represent the state in any investigation, case, or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters, specified in general in the executive order of the Governor. Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment.

[DebFrmHell]

Over at Nettle's blog, ackbarsays points out a statutory limit to the governor's authority, where the term of a special prosecutor is limited to 12 months, unless the governor petitions the Supreme Court of Florida for approval to gran an extension.

Florida Statutes 27.14

27.14 Assigning state attorneys to other circuits.--

(1) If any state attorney is disqualified to represent the state in any investigation, case, or matter pending in the courts of his or her circuit or if, for any other good and sufficient reason, the Governor determines that the ends of justice would be best served, the Governor may, by executive order filed with the Department of State, either order an exchange of circuits or of courts between such state attorney and any other state attorney or order an assignment of any state attorney to discharge the duties of the state attorney with respect to one or more specified investigations, cases, or matters, specified in general in the executive order of the Governor. Any exchange or assignment of any state attorney to a particular circuit shall expire 12 months after the date of issuance, unless an extension is approved by order of the Supreme Court upon application of the Governor showing good and sufficient cause to extend such exchange or assignment.

IIRC, the governor granted the extension back in late Jan/early Feb extended the time for another year.  I don't have it bookmarked, sorry.

Edited to add link:

http://www.flcourts18.org/PDF/Press_Releases/Executive%20Order%20%2012-279.pdf

[cboldt]

Couple of links that may be useful to those interested in poking around the statutory deficiency in Scott's order, extending Corey's time.

Governor Crist EO 08-64 includes an attached Order from the Florida Supreme Court.

Finch v. Fitzpatrick, 254 So.2d 203 (Fl, 1971), discusses the statutory framework, but finds no extension of assignment that would have required an order from SCOFLA.

[cboldt]

IIRC, the governor granted the extension back in late Jan/early Feb extended the time for another year.  I don't have it bookmarked, sorry.

Governor Scott did not obtain the required order from the Supreme Court of Florida.  His extension is at least deficient, and I think it is invalid.  By the time the dust settles, this won't amount to anything more than an interesting side show.  There are judicial widgets to get around any violation of law.

[FromBelow]

Interesting, but my guess is that if it becomes an issue the SC will just grant the approval retroactively. It's hard to imagine a legal technicality stopping this train. IMO and IANAL.

[nomatter_nevermind]

Why so much power if their case is so solid?

If the situation were reversed, would you think this was a winning argument?

[nomatter_nevermind]

In the OJ Simpson case, OJ had a bigger courtroom team than the prosecution. In voire dire, jurors were asked if that would prejudice them against the defendant.