September 20, 2007
Roger R. Maas v. Mark Evan Olive
Case Number(s):
SC06-835, SC06-1263

Transcript:

Summary:

Mr. Olive challenged the constitutionality of a state law that caps the fees for private lawyers who contract with the state to represent indigent death row inmates. The trial court agreed that it was unconstitutional to prohibit lawyers from seeking fees above the cap, when justified by the circumstances of the case. However, the trial court also ruled that the challenged state law could be construed to permit payments above the cap. Mr. Olive appealed, arguing the law could not be construed that way and was unconstitutional on its face. Mr. Maas, a state official who oversees the state list of private death row lawyers, also appealed the ruling of the trial court. Mr. Maas argues that the trial court's ruling undercut the Legislature's constitutional authority to decide how state money is spent.