Contracts


INSTRUCTIONS FOR
CAPITAL COLLATERAL ATTORNEY APPOINTMENTS/JAC CONTRACT

Any Capital Collateral Registry attorney who is appointed to a capital collateral postconviction case by a court is responsible for ensuring that the Order of Appointment for the case indicates that:

  The defendant/client is indigent and eligible for court-appointed counsel, and
  The Offices of Capital Collateral Regional Counsel have a conflict precluding representation pursuant to s. 27.703, F.S.

It is important that the documents provided to JAC clearly indicate that the defendant/client is under sentence of death as affirmed by the Florida Supreme Court in order to distinguish these cases from other postconviction cases. It is the attorney’s responsibility to provide JAC with the Order of Appointment and the Florida Supreme Court opinion affirming the sentence of death.

Section 27.710(4), F.S., provides:

Each private attorney who is appointed by the court to represent a capital defendant must enter into a contract with the Justice Administrative Commission. If the appointed attorney fails to execute the contract within 30 days after the date the contract is mailed to the attorney, the executive director shall notify the trial court. The Justice Administrative Commission shall function as contract manager and enforce performance of the terms and conditions of the contract. The Justice Administrative Commission shall approve uniform contract forms for use in procuring the services of private court-appointed counsel and uniform procedures and forms for use by a court-appointed attorney in support of billing for attorney fees, costs, and related expenses to demonstrate attorney completion of specified duties. By signing such contract, the attorney certifies that he or she intends to continue the representation under the terms and conditions set forth in the contract until the sentence is reversed, reduced, or carried out or until released by order of the trial court.

If you are currently appointed to a case and have not signed a contract please contact JAC's Contracts Coordinator at Contracts@justiceadmin.org.

A Substitute Form W-9 must be submitted prior to execution of any contract with JAC. As part of completing the contract attorneys are required to certify that they have submitted a Substitute Form W-9 to the Department of Financial Services (DFS). The Substitute Form W-9 may be submitted electronically through DFS's vendor website. (Please follow these instructions  to complete the Substitute Form W-9.)

Payments for all court-appointed cases are subject to:

  Statutory rates and requirements,
  JAC Contract, and
  JAC Policies and Procedures for Capital Collateral Private Court-Appointed Counsel.

New Confidential Vendor Exemption Form: Under Florida law, JAC’s records are subject to public records requests. JAC maintains and posts on its website attorney and due process vendor contact information. Florida law exempts certain personal information for some positions and individuals who fill those positions from disclosure. However, please know that there is no statutory exemption from a public records request for an individual attorney or due process vendor’s compensation. If you are eligible for a public records exemption, you will need to complete JAC’s Confidential Vendor Exemption Form and provide supporting documentation showing you qualify for the exemption. If you intend to claim a public records exemption, JAC must receive your completed Confidential Vendor Exemption Form and supporting documents via email at Contracts@justiceadmin.org prior to your Registry Contract being accepted.

No payments will be made to an attorney who bills for a court-appointed case until JAC receives a signed contract from the attorney. Additionally, payment of due process service vendors is also contingent upon a court-appointed attorney’s signed contract.

Please contact JAC's Contracts Coordinator at Contracts@justiceadmin.org, to obtain a Capital Collateral Private Court-Appointed Attorney Contract.

For new cases, please submit the Order of Appointment and Florida Supreme Court opinion to JAC along with your current email address.

If you intend to claim a public records exemption for certain personal information, please check the “Confidential Exemption” check box. Please be aware that your contract will not be processed until JAC receives a completed Confidential Vendor Exemption Form with supporting documentation. Review and verify your name, address, Bar and Tax Identification number, as well as all other pertinent information. Please update your information. It is the responsibility of the attorney to ensure that the contact/email information on file with JAC is up to date.

You may provide copies of the Order of Appointment, Florida Supreme Court opinion and (if you choose the exemption) the Confidential Vendor Exemption Form with supporting documentation via email to: Contracts@justiceadmin.org.

Upon receipt of these documents, you will be forwarded a copy of JAC’s Capital Collateral Contract via email, please follow the instructions below upon receipt:

  Open the attachment to the email (the Capital Collateral Contract will be in PDF format).
  Please type information directly into the shaded fields, while ensuring that all information entered is accurate and complete.
  Make sure the Capital Collateral Contract includes your current email address.
  Print the contract, sign and date it in BLUE ink and mail the entire contract (one sided) to the address listed below.
 
Mail the original Capital Collateral Contract (one sided) in its entirety to:

Attention: Contracts
Justice Administrative Commission
P.O. Box 1654
Tallahassee, FL 32302
  An executed courtesy copy of the Capital Collateral Contract will be sent to you via email.

Pursuant to s 27.710(4), F.S., you must execute the Capital Collateral Contract within 30 days of receipt from JAC. If you fail to do so, then JAC must notify the trial court. If you have any questions, please contact JAC's Contracts Coordinator or the JAC Help Desk.




** The Justice Administrative Commission does not warrant or guarantee the accuracy or availability of the content on this or on other sites to which we link.


**  PDF files may be viewed with the latest free Adobe Acrobat Reader® plug-in. 

**  denotes link to a site outside of the Justice Administrative Commission.

**  denotes link to a page within the Justice Administrative Commission's website.


My JAC (Log in to JAC’s secure website for circuits, court-appointed attorneys and associated due process vendors).