State, Department of Corrections v. Dayton

The Florida Department of Corrections petitions this court for a writ of certiorari to review a circuit court order requiring payment of a $4,595.00 attorney’s fee to respondent William Dayton. Dayton, pursuant to appointment by the circuit court, represented condemned murderer Robert dock in clemency proceedings, for which section 925.035(4), Florida Statutes (1987), authorizes a maximum fee of $1,000.00.

As noted in State v. Remeta, 547 So.2d 181 (Fla. 5th DCA 1989), under Florida law “an indigent sentenced to death is provided with free legal representation in every collateral proceeding…