THE HONORABLE LARRY L. EGER, IN HIS CAPACITY AS PUBLIC DEFENDER OF THE TWELFTH JUDICIAL CIRCUIT
v.
THE JUDGES OF THE TWELFTH JUDICIAL CIRCUIT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A public defender lacks standing to seek a writ of prohibition challenging an administrative order when he has not shown how his office suffered a direct and articulable stake in the outcome.
[1] Standing to seek an extraordinary writ requires a party to demonstrate a direct and articulable stake in the outcome of the proceedings, with a legally cognizable interes…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe Chief Judge of the Twelfth Judicial Circuit issued an administrative order authorizing any judge in the circuit to modify or revoke pretrial relea…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Next Friend Standing cases and more on FLexlaw
PER CURIAM. Larry L. Eger, the Public Defender of the Twelfth Judicial Circuit, has filed a petition for writ of prohibition challenging an administrative
order issued by the Chief Judge of the Twelfth Judicial Circuit.1 As the Florida Supreme Court has explained: Generally, standing "requires a would-be litigant to demonstrate that he or she reasonably expects to be affected by the outcome of the proceedings, either directly or indirectly." Hayes v. Guardianship of Thompson, 952 So. 2d 498, 505 (Fla. 2006); see generally Brown v. Firestone, 382 So. 2d 654, 662 (Fla. 1980) ("[T]his Court has long been committed to the rule that a party does not possess standing to sue unless he or she can demonstrate a direct and articulable stake in the outcome of a controversy."); Weiss v. Johansen, 898 So. 2d 1009, 1011 (Fla. 4th DCA 2005) ("Standing depends on whether a party has a sufficient stake in a justiciable controversy, with a legally cognizable interest which would be affected by the outcome of the litigation.").
Johnson v. State, 78 So. 3d 1305, 1314 (Fla. 2012) (alteration in original); see also Durocher v. Singletary, 623 So. 2d 482, 485 (Fla. 1993) ("To be a next friend one 'must provide an adequate explanation—such as inaccessibility, mental incompetence, or other disability—why the real1 Based on written notification from each of the judges of the Twelfth Judicial Circuit authorizing all other judges in the circuit presiding over first appearances to modify the conditions of pretrial release, then Chief Judge Charles E. Roberts granted any judge in the circuit authority to modify or revoke the conditions of pretrial release previously set by another judge upon a finding of probable cause to believe that a defendant committed a new law violation while on pretrial release. Diana Moreland is the current chief judge of the Twelfth Judicial Circuit.
party in interest cannot appear on his own behalf.' ");2 Guardianship of Jacoby, 912 So. 2d 595, 599 (Fla. 2d DCA 2005) ("With limited exceptions not material here, Florida's appellate courts are not authorized to issue advisory opinions." (citing Sarasota-Fruitville Drainage Dist. v. Certain Lands, 80 So. 2d 335, 336 (Fla. 1955); Allen v. Martinez, 573 So. 2d 987, 989 (Fla. 1st DCA 1991))).
Moreover, even if the Public Defender had standing, his arguments would not be cognizable in prohibition. See Norris v. State, 737 So. 2d 1240, 1240 n.1 (Fla. 5th DCA 1999) ("Certiorari is the appropriate remedy when the petition alleges that the chief judge exceeded his jurisdiction in promulgating an administrative order.")(citing Morse v. Moxley, 691 So. 2d 504 (Fla. 5th DCA 1997); Dep't of Health & Rehab. Servs. v. Smith, 618 So. 2d 379 (Fla. 5th DCA 1993); Dep't of Health & Rehab. Servs. v. Upchurch, 394 So. 2d 577 (Fla. 5th DCA 1981); Dep't of Juvenile Justice v. Soud, 685 So. 2d 1376 (Fla. 1st DCA 1997); Valdez v. Chief Judge of Eleventh Jud. Cir., 640 So. 2d 1164 (Fla. 3d DCA 1994))).
Accordingly, we dismiss the petition. Petition dismissed. SILBERMAN, LUCAS, and ROTHSTEIN-YOUAKIM, JJ., Concur. Opinion subject to revision prior to official publication.2 Accord Doe v. State, 217 So. 3d 1020 (Fla. 2017) (reviewing extraordinary writ petitions brought by fifteen individual petitioners challenging county judge's procedure for presiding over Baker Act proceedings).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (12 total)
- Durocher v. Singletary, 623 So. 2d 482 (Fla. 1993)
- Johnson v. State, 78 So. 3d 1305 (Fla. 2012)
- Weiss v. Johansen, 898 So. 2d 1009 (Fla. 4th DCA 2005)
- Merkle v. Guardianship OF Robert J. Jacoby, 912 So. 2d 595 (Fla. 2d DCA 2005)
- Sarasota-Fruitville Drainage Dist. v. Certain Lands Within Said Dist. Upon Which Drainage Taxes FOR THE Year 1952 Have NOT Been Paid, 80 So. 2d 335 (Fla. 1955)
- State of Fla. ex rel. Dep't OF Health & Rehabilitative Servs. & D. Jarrard v. Honorable John J. Upchurch, 394 So. 2d 577 (Fla. 5th DCA 1981)
- State v. A.C. Soud, Jr., 685 So. 2d 1376 (Fla. 1st DCA 1997)
- Valdez v. The Chief Judge OF the Eleventh Jud. Cir. OF Fla., 640 So. 2d 1164 (Fla. 3d DCA 1994)
- Hon. Maryanne Morse v. Hon. John Dean Moxley, Jr., 691 So. 2d 504 (Fla. 5th DCA 1997)
- DOE v. State, 217 So. 3d 1020 (Fla. 2017)