ROGER A. GRUBE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The Florida First District Court of Appeal granted the Public Defender's motion for approval of modified briefing schedules and authorization to withdraw from up to 100 new appellate cases due to severe understaffing in the appellate division. The court recognized the office was funded for only 8.25 attorney units when standards required 13.75 units, and approved the withdrawal requests based on precedent established in Kiernan v. State.
The court granted the Public Defender's motion, approving the modified briefing schedules with extended deadlines and authorizing withdrawal from up to 100 new appellate cases, with jurisdiction to be relinquished to trial courts for appointment of alternate appellate counsel.
[1] Courts may grant motions to withdraw from representation and establish modified briefing schedules when a public defender's office demonstrates understaffing and an overw…
[2] Understaffing in a public defender's appellate division can be exacerbated by the diversion of attorneys to assist the trial division.
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Join FLexlaw to unlock all legal intelligence“the public defender has adequately demonstrated a need for relief from its current workload and because there is established precedent for the remedy sought, see Kieman, the motion to establish briefing schedules and for authorization to withdraw is granted”
Establishes the court's holding that the public defender met the burden for the relief sought
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Join FLexlaw to unlock all legal intelligenceThe Public Defender's appellate division in the Second Judicial Circuit was significantly understaffed, with only 8.25 funded attorney positions compa…
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PER CURIAIm.
We have consolidated the above appeals only for the purpose of issuing our opinion on the motion of the Office of the Public Defender, Second Judicial Circuit (hereinafter the public defender), requesting approval of briefing schedules for certain cases assigned to its office and for authorization to move to withdraw from other cases, as will be discussed below.
This court previously visited the question of understaffing in the appellate division of the public defender in Crow v. State, 500 So. 2d 171 (Fla. 1st DCA 1986) and Kiernan v. State, 485 So. 2d 460 (Fla. 1st DCA 1986). In the motion now before us the public defender requests relief similar to that granted in Kieman, seeking permission to withdraw from representation in new cases, up to 100, wherein it is designated as appellate counsel. The motion also requests approval of briefing schedules for certain cases assigned to assistant public defenders who have been unable to comply with deadlines previously imposed by the court. After careful examination of the motion and response and consideration of the remarks of counsel at oral argument, we grant the relief sought in the motion.
The problems associated with understaff-ing of the public defender’s office and its attempts to meet the demands of its workload were discussed in Kieman. In fact, that opinion anticipated further problems within a matter of months if additional positions were not funded and it is no doubt indicative of the dedication and diligence of Mr. Allen and his staff that another request for relief was more than two years in coming. The motion before us represents that under current Public Defender Association Standards, Mr. Allen’s appellate division should be funded for 13.-75 attorney units based on its workload, while actual funding is only for 8.25 attorney units. Staff shortages in the appellate division have been aggravated by the decision to divert some attorneys to assist the trial division in its attempts to cope with increasing demands created by an explosive growth in crime and resultant jail overcrowding problems in the Second Judicial Circuit.1
As the public defender has adequately demonstrated a need for relief from its current workload and because there is established precedent for the remedy sought, see Kieman, the motion to establish briefing schedules and for authorization to withdraw is granted. The briefing schedules contained in the motion of July 15, 1988, are approved and times for service of the respective initial briefs are extended to the dates reflected therein. This court will entertain motions to withdraw in up to 100 new cases2 and, on granting of those motions, jurisdiction will be relinquished to the trial courts for appointment of alternate appellate counsel.
Motion granted.
SMITH, C.J., and JOANOS and ZEHMER, JJ., concur. . These remarks should not be construed as indicating this court's approval of the diversion of appellate attorneys to other duties. In fact, we expressly disapprove of it. We recognize, however, the extraordinary circumstances presented in recent months by increased crime associated with the "crack” cocaine problem and by inadequate jail facilities in Leon County.
. The Public Defender proposes to move to withdraw from cases distributed among the six circuits within our jurisdiction in proportion to the number of appeals received by its office from each circuit during calendar 1987. We endorse this suggested distribution.
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Terry v. State, 547 So. 2d 712 (Fla. 1st DCA 1989)…e public defender), requesting approval of briefing schedules for certain cases assigned to his office and for authorization to move to withdraw from other cases. This court granted a similar motion almost exactly one year ago, see Grube v. State, 529 So. 2d 789 (Fla. 1st DCA 1988). We will not repeat the factual predicate for the relief nor our legal conclusions as described in Grube, except to the extent they may differ on consideration of the present motions. For example, last year the public defender re…
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Young v. State, 580 So. 2d 301 (Fla. 1st DCA 1991)…assigned to her office under section 27.-51(4)(a), Florida Statutes. Neither this problem nor the proposed solution are new. See Day v. State, 570 So. 2d 1003 (Fla. 1st DCA 1990); Terry v. State, 547 So. 2d 712 (Fla. 1st DCA 1989); Grube v. State, 529 So. 2d 789 (Fla. 1st DCA 1988). Despite additional monies budgeted by the 1990 legislature to address the problem, see Day v. State, 564 So. 2d 139 (Fla. 1st DCA 1990), the Public Defender has demonstrated to this court that she is unable to hire enough attorn…
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Woods v. State, 595 So. 2d 264 (Fla. 1st DCA 1992)…als by the Tenth Judicial Circuit Public Defender, 561 So. 2d 1130 (Fla.1990); Young v. State, 580 So. 2d 301 (Fla. 1st DCA 1991); Day v. State, 570 So. 2d 1003 (Fla. 1st DCA 1990); Terry v. State, 547 So. 2d 712 (Fla. 1st DCA 1989); Grube v. State, 529 So. 2d 789 (Fla. 1st DCA 1988). Appellee has offered in-depth commentary and analysis on the Public Defender’s motion but we find that, with one exception, appellee asks this court to involve itself in the management of the Public Defenders’ office. This we m…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kiernan v. State, 485 So. 2d 460 (Fla. 1st DCA 1986)
- Crow v. State, 500 So. 2d 171 (Fla. 1st DCA 1986)