FREDERICK L. TERRY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court granted the public defender's motions for approval of briefing schedules and authorization to withdraw from cases due to underfunding, but denied a request to direct trial courts on appointing private counsel.
The Public Defender's office sought approval for briefing schedules and authorization to withdraw from cases, citing insufficient legislative funding.…
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PER CURIAM.
We have consolidated the above appeals only for the purpose of issuing our opinion on the motions of the Office of the Public Defender, Second Judicial Circuit (hereinafter the 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 represented that his office was funded for 8.25 attorney units while under Public Defender Association Standards funding for 13.75. units would be appropriate. It is represented that this year those numbers are 8.9 and 16.5 units, respectively, thus indicating that the Legislature has not kept current, much less increased, the funding necessary to permit the public defender to adequately staff his office. Additionally, the motion requests permission to withdraw from up to 150 future cases, rather than 100 cases as was requested last year. We find relief is appropriate under the circumstances.
The public defender asks this court to expressly direct the trial courts to appoint * private counsel, rather than the local circuit public defender, when he is permitted to withdraw in future cases. We find that such a holding would unreasonably restrict the discretion of the circuit courts in making the appointments.
The state asks that we permit local county governments, which will be responsible for the fees of substitute private counsel, to appear in this cause and be heard. We deny this request on authority of Escambia County v. Behr, 384 So. 2d 147, 150 (Fla.1980).
Motions granted.
BOOTH, JOANOS and MINER, JJ., concur.
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Young v. State, 580 So. 2d 301 (Fla. 1st DCA 1991)…neys to timely prepare briefs in the cases which are 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…
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Woods v. State, 595 So. 2d 264 (Fla. 1st DCA 1992)…ion. See In re Order on Prosecution of Criminal Appeals 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 m…
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DAY v. State, 564 So. 2d 137 (Fla. 1st DCA 1990)…ice has not been adequately funded in recent years and the available staff has been unable to keep up with the cases assigned to it. Thus, this court has previously found it necessary to grant the same type of relief sought here. See Terry v. State, 547 So. 2d 712 (Fla. 1st DCA 1989); Grube v. State, 529 So. 2d 789 (Fla. 1st DCA 1988); Kiernan v. State, 485 So. 2d 460 (Fla. 1st DCA 1985). The correctness of this response has been reinforced by the recent decision in In re Order on Prosecution of Criminal Appe…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Escambia Cnty. v. Behr, 384 So. 2d 147 (Fla. 1980)
- Grube v. State, 529 So. 2d 789 (Fla. 1st DCA 1988)