Death penalty.

I am writing to dispute some of the representations made by Gov. Scott's office concerning the "Timely Justice Act," in particular, the assertion that "the bill does nothing to speed up executions ... or alter the current protections" for prisoners facing execution.

In fact, the bill will expedite executions in several fairly obvious ways. The new law will put heat on circuit judges to resolve cases in a shorter time than they otherwise might spend considering the life-and-death issues before them. In addition, the bill will involve the clerks of court for the first time in an automatic process of scheduling executions. Both of these statutory changes will make it substantially more difficult for death-sentenced inmates to raise meritorious claims as to their convictions or sentences after the first round of collateral challenges, thus speeding up executions.

The provision that prohibits lawyers from handling capital post conviction cases if they have been found ineffective twice in a five-year period accomplishes nothing other than to create an appearance of additional protection. There has never been such a case in the entire 40 years since the death penalty was re-enacted. Also, informing The Florida Bar of a finding of ineffective assistance, which finding could be based on one significant error or omission by an otherwise good lawyer, might also speed up executions as it does here in Texas. Lawyers facing such sanctions are more likely to be self-protective...