IN THE INTEREST OF L.S., A CHILD
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The court held that a juvenile's adjudication of delinquency must be reversed if they were represented by a certified legal intern without written consent.
Appellant was represented by a certified legal intern throughout delinquency proceedings, including detention hearings, plea entry, discovery, and wai…
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GARRETT, Judge.
Appellant seeks review of his adjudication of delinquency and commitment and claims that unlike a rose, an attorney by any other name is not an attorney.1
We reverse. Appellant was represented by a certified legal intern. The record is devoid of any written document whereby appellant gave his consent to be so represented. Thus the record is insufficient to establish that appellant understood his legal options and that he knowingly waived the right to be represented by an attorney. In re C.B., 546 So. 2d 447, 448 (Fla. 4th DCA 1989).
The error was not negated by the fact that the intern became a licensed Florida attorney twelve days before she represented appellant at his adjudicatory hearing. A juvenile is entitled to legal representation at each stage of a delinquency proceedings. Fla.R.Juv.P. 8.290. The intern represented appellant at various stages of the case. His detention hearings were handled by her. She entered appellant’s plea of not guilty, conducted discovery and rejected the juvenile division judge’s offer of a concurrent commitment. Her motions for continuances waived appellant's “speedy trial” rights.
Accordingly, we reverse appellant’s adjudication and commitment and remand for a new adjudicatory hearing. We direct that appellant's delinquency proceedings be re-initiated and that an attorney be appointed to represent him at each stage thereof.
REVERSED AND REMANDED FOR A NEW ADJUDICATORY HEARING WITH DIRECTIONS.
DELL and WARNER, JJ., concur in result only.
. What’s in a name? That which we call a rose By any other name would smell as sweet. William Shakespeare, Romeo and Juliet, act II, sc. ii, 1. 43.
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Duval v. State, 744 So. 2d 523 (Fla. 2d DCA 1999)…tify J.H. of right to have supervising attorney present when required by judge), approved, 596 So. 2d 453 (Fla. 1992) (amending R. Regulating Fla. Bar 11-1.2(a) to require supervising attorney’s presence at all critical stages); In Interest of L.S., 560 So. 2d 425 (Fla. 4th DCA 1990) (reversing based on lack of written consent); In Interest of A.R., 554 So. 2d 640 (Fla. 4th DCA 1989) (same); In Interest of C.B., 546 So. 2d 447, 448 (Fla. 4th DCA 1989) (reversing based on lack of direct evidence that C.B. cons…
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J.G. v. State, 595 So. 2d 256 (Fla. 4th DCA 1992)…ointed counsel throughout the proceedings below, under In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967), and in accord with Florida Rule of Juvenile Procedure 8.290(a) and section 39.041(1), Florida Statutes (1989). See also In re L.S., 560 So. 2d 425 (Fla. 4th DCA 1990); J.M. v. State, 533 So. 2d 778, 779-780 (Fla. 3d DCA 1988). While it is true that appellant consulted the public defender, when the court inquired as to how appellant wished to plead, the public defender advised the court that s…
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Reigelsperger v. State, 16 So. 3d 942 (Fla. 1st DCA 2009)…of right to have supervising attorney present when required by judge), approved, 596 So. 2d 453 (Fla.1992) (amending R. Regulating Fla. Bar 11-1.2(a) to require supervising [*946] attorney’s presence at all critical stages); In the Interest of L.S., 560 So. 2d 425 (Fla. 4th DCA 1990) (reversing based on lack of written consent without addressing whether the intern was supervised for the various proceedings); In the Interest of A.R., 554 So. 2d 640 (Fla. 4th DCA 1989) (reversing in short opinion for lack of co…
Authorities Cited
- In the Interest of C.B., 546 So. 2d 447 (Fla. 4th DCA 1989)