IN THE INTEREST OF J.H., A CHILD

Fla. | 1992-04-02
No. 77550
SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
596 So. 2d 453 Florida Supreme Court (1992) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We review In re J.H., 580 So. 2d 162 (Fla.4th DCA 1991), in which the court below certified a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. We deem it unnecessary to answer the question as phrased, but we approve the decision below for the reasons set forth in the majority opinion.

Rule ll-1.2(a) of the Rules Regulating The Florida Bar is hereby amended to read as follows: (a) An eligible law student may appear in any court or before any administrative tribunal in this state on behalf of any indigent person if the person on whose behalf he is appearing has indicated in writing his consent to that appearance and the supervising lawyer has also indicated in writing approval of that appearance. In such cases the supervising-attorney shall be personally present when required by the trial judge who shall determine the extent of the eligible-law-student’s participation in the proceeding, In those cases in which the indigent person has a right to appointed counsel, the supervising attorney shall be personally present at all critical stages of the proceeding. In all cases, the supervising attorney shall be personally present when required by the trial judge who shall determine the extent of the eligible law student’s participation in the proceeding.

This amendment shall become effective immediately.

It is so ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.


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  • A.G. v. State, 737 So. 2d 1244 (Fla. 5th DCA 1999)
    …42 (Fla. 2d DCA 1983). See also A.D.; U.S. Const. Amend. VI .and XIV; Art. 1 § 9 and 19(a), Fla. Const.; §§ 985.23 and 985.203; L.R. v. State, 698 So. 2d 915 (Fla. 4th DCA 1997); In the Interest of J.H., 580 So. 2d 162 (Fla. 4th DCA 1991), approved, 596 So. 2d 453 (Fla. 1992). However, we also write to review the requirements of section 985.23(3)(c) with respect to the ■ court’s authority to disregard the DJJ’s recommendations. Section 985.23(3)(c) provides that the court can order placement at a restrictive…
  • A.D. v. State, 740 So. 2d 565 (Fla. 5th DCA 1999)
    …I and XIV; Art. 1 § 9 and 19(a), Fla. Const.; §§ 985.203(1) and 985.23(l)(a), (b), (c), and (d); Fla. Bar. R. ll-1.2(b)(e). See L.R. v. State, 698 So. 2d 915 (Fla. 4th DCA 1997); In the Interest of J.H., 580 So. 2d 162 (Fla. 4th DCA 1991), approved, 596 So. 2d 453 (Fla.1992). We do not apply Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), rev. granted, 718 So. 2d 169 (Fla.1998) to fundamental sentencing errors committed in juvenile proceedings. T.G. v. State, 24 Fla. L. Weekly D216, 741 So. 2d 517 (Fla.…
  • Duval v. State, 744 So. 2d 523 (Fla. 2d DCA 1999)
    …d by a member of the bar"); In Interest of J.H., 580 So. 2d 162 (Fla. 4th DCA 1991) (reversing in the absence of an intelligent waiver; consent form did not notify 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…

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