Each circuit chief judge must create a list of private lawyers who may not be appointed in criminal conflict cases where defendants are charged with capital crimes under a new procedural rule approved by the Supreme Court.

The court on April 1 approved with minor changes amendments to Criminal Procedural Rule 3.112 recommended by the Criminal Procedure Rules Committee.

The rule implements a change made to F.S. §27.7045 by the Legislature last year. That law prevents an attorney from being appointed as a conflict counsel in a capital case either for trial or appeal if that attorney has twice within a five-year period had a court determine the attorney provided “constitutionally deficient representation” that resulted in relief being granted.