Supreme Court creates committee to study the state's death penalty process.

The Florida Supreme Court created a special group to make recommendations to improve the overall efficiency of the capital post-conviction process, as urged by The Florida Bar and favored by some legislators who do not want to take rulemaking authority away from the court.

The Capital Postconviction Proceedings Subcommittee of the Criminal Court Steering Committee will be chaired by Third District Court of Appeal Judge Kevin Emas. The adminstrative order, signed March 22 by Chief Justice Ricky Polston, directs the subcommittee to seek input from stakeholders --including the Criminal Procedure Rules Committee, the Capital Collateral Regional Counsel, and the Office of the Attorney General--and mandates a deadline of September 27 for the group to file its petition with the court.

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The order followed action by the House Criminal Justice Subcommittee that passed a joint resolution March 5 that would shift power to the Legislature over procedural rules in post-conviction death penalty litigation.

Chair Matt Gaetz, a Republican lawyer from Ft. Walton Beach, pushed for the proposed constitutional amendment to drive his death penalty reforms intended to speed up appeals. He said he wished there was another way.

"Now, I understand the concerns that have been raised," Gaetz said at the March 5 meeting. "Frankly, they have been raised by Rep. [Dave] Kerner and Rep. [James] Grant, my partners in this process, who have said, 'Well, gee, Gaetz, do we really have to take this rulemaking authority back?' That ought to always make us uncomfortable whenever we shift any sort of constitutional balance of power. But I come before you humbly to say that I don't see another vehicle."

HB 7081 passed 8 to 5. At the same meeting, the subcommittee earlier voted 9 to 4 to pass the "Timely Justice Act of 2013," a 64-page bill (HB 7083) that Gaetz said would provide better representation for people accused of capital crimes and would "end the gamesmanship that seems so inherent in having endless and insincere appeals." (See story page 7.) (Companion bills in the Senate--SJR 1740 and SB 1750--were filed by Sen. Joe Negron. R-Palm City.)

"We understand your concern and appreciate your interest in making certain the post-conviction review of death penalty cases is both efficient and fair," Bar President Gwynne Young wrote to Gaetz in a February 15 letter. "We believe the best approach toward meeting those goals is to avoid yet another constitutional...