Since the Death Penalty has been put back on the table in the Casey Anthony case there has been much speculation on who will be the new attorney in the case.

Previously Miami attorney Terence Lenamon, was the death qualified attorney but was removed from the defense last October when the state took the death penalty off the table.

Baez's spokeswoman, Marti Mackenzie, had this to say about a court appearance scheduled for later this month

"At that time, the defense will introduce the highly qualified and outstanding death-qualified attorney as the newest member of the defense team," 

Which is all well and good, but if that's the case what are they doing deposing witnesses without him right now?

There's been speculation as to the "qualifications" of an attorney in the death penalty cases.  In all the stories I can find they just kinda dance around it.  Here are two of them:

• orlandosentinel - Who will handle Casey Anthony's death-penalty case?
• CFNews13 - Who's Qualified To Handle Casey's Death Penalty Case?

During JVM earlier an attorney said what everyone is referring to is in the Florida Rule of Criminal Procedure and that it doesn't actually put requirements on attorneys unless they are court appointed attorneys, and that if Casey has chosen Baez, then the rule is irrelevant.

 Not sure about all that, it's a little out of my jurisdiction.  One of you attorney's chyme in here an let me know.

Here's the Florida Rule of Criminal Procedure that everyone is dancing around:

Capital list:
Meet the requirements of Florida Rule of Criminal Procedure Rule 3.112(f) for Lead
Counsel, and 3.112(g) for Co-Counsel, plus:
a. Membership in good standing in The Florida Bar for the previous five years; and
b. In addition to the continuing legal education requirements of 3.112(f)(7) &
3.112(g)(2)(E), respectively, require: During any year that counsel does not attend a
continuing legal education program of at least twelve hours' duration devoted specifically
to the defense of capital cases, counsel is required to obtain the case law update materials
from the Public Defender’s Office, and to advise the Chief Judge by letter that they have
reviewed said materials.
Florida Rule of Criminal Procedure 3.112(f-g).
3.112(f) Lead Counsel. Lead trial counsel assignments should be given to attorneys
who:
(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice
pro hac vice; and
(2) are experienced and active trial practitioners with at least five years of litigation
experience in the field of criminal law; and
(3) have prior experience as lead counsel in no fewer than nine state or federal jury trials
of serious and complex cases which were tried to completion, as well as prior experience
as lead defense counsel or cocounsel in at least two state or federal cases tried to
completion in which the death penalty was sought. In addition, of the nine jury trials
which were tried to completion, the attorney should have been lead counsel in at least
three cases in which the charge was murder; or alternatively, of the nine jury trials, at
least one was a murder trial and an additional five were felony jury trials; and
(4) are familiar with the practice and procedure of the criminal courts of the jurisdiction;
and
(5) are familiar with and experienced in the utilization of expert witnesses and evidence,
including but not limited to psychiatric and forensic evidence; and
(6) have demonstrated the necessary proficiency and commitment which exemplify the
quality of representation appropriate to capital cases, including but not limited to the
investigation and presentation of evidence in mitigation of the death penalty; and
(7) have attended within the last two years a continuing legal education program of at
least twelve hours' duration devoted specifically to the defense of capital cases.
Attorneys who do not meet the continuing legal education requirement on July 1, 2002,
shall have until March 1, 2003, in which to satisfy the continuing legal education
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April 7, 2004 Committee Standards, ratified July 1, 2004; and amended October 8, 2004, July 14, 2005, February 27, 2006, July 19,
2006, and November 2, 2006.
4
requirement.
3.112(g) Cocounsel. Trial cocounsel assignments should be given to attorneys who:
(1) are members of the bar admitted to practice in the jurisdiction or admitted to practice
pro hac vice; and
(2) qualify as lead counsel under paragraph (f) of these standards or meet the following
requirements: (A) are experienced and active trial practitioners with at least three years
of litigation experience in the field of criminal law; and (B) have prior experience as lead
counsel or cocounsel in no fewer than three state or federal jury trials of serious and
complex cases which were tried to completion, at least two of which were trials in which
the charge was murder; or alternatively, of the three jury trials, at least one was a murder
trial and one was a felony jury trial; and (C) are familiar with the practice and procedure
of the criminal courts of the jurisdiction; and (D) have demonstrated the necessary
proficiency and commitment which exemplify the quality of representation appropriate
to capital cases, and (E) have attended within the last two years a continuing legal
education program of at least twelve hours' duration devoted specifically to the defense
of capital cases. Attorneys who do not meet the continuing legal education requirement
on July 1, 2002, shall have until March 1, 2003, in which to satisfy the requirement