CARLA WILCOX, APPELLANT,
v.
BENNETT H. BRUMMER, PUBLIC DEFENDER, APPELLEE

Fla. 3d DCA | 1999-09-13
No. 98-2490
BEFORE: NESBITT, COPE and GODERICH, JJ.
739 So. 2d 1282 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 2 cases

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Holding

The court held that the doctrine of quasi-judicial immunity does not preclude a malpractice suit against the public defender's office.


Facts & Procedural History

The plaintiff sued the Public Defender's office, but the trial court dismissed the complaint based on quasi-judicial immunity. The plaintiff appealed …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The plaintiff, Carla Wilcox, appeals from a final order granting the Public Defender’s motion to dismiss. We reverse. The plaintiff contends that the trial court erred by dismissing her complaint based on quasi-judicial immunity. We agree.

In Windsor v. Gibson, 424 So. 2d 888 (Fla. 1st DCA 1982), the First District held that the doctrine of judicial immunity does not preclude bringing a malpractice suit against the public defender’s office. The court explained:

Considerations which require that a judge and prosecutor be immune from liability for the exercise of duties essential to the administration of justice, do not require that the same immunity be extended to the public defender. While the prosecutor is an officer of the state whose duty it is to see that impartial justice is done, the public defender is an advocate, who once appointed owes a duty only to his client, the indigent defendant. His role does not differ from that of privately retained counsel.

Windsor v. Gibson, 424 So. 2d at 889. For the reasons expressed above, we find that the trial court erred by finding that the plaintiffs action was precluded by quasi-judicial immunity.

Because we recognize, as the First District did in Windsor, that our holding may have a serious impact on the Office of the Public Defender, we certify the following question as one of great public importance:

DOES THE DOCTRINE OF JUDICIAL IMMUNITY PRECLUDE THE BRINGING OF A LAWSUIT AGAINST THE OFFICE OF THE PUBLIC DEFENDER FOR THE ACTIONS OF THE PUBLIC DEFENDER OR ONE OF HIS OR HER ASSISTANTS?

Reversed and remanded for further proceedings consistent with this opinion.


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Cited By

  • Schreiber v. Rowe, 814 So. 2d 396 (Fla. 2002)
    …that impartial justice is done, the public defender is an advocate, who once appointed owes a duty only to his client, the indigent defendant. His role does not differ from that of privately retained counsel. Id. at 889; see also Wilcox v. Brummer, 739 So. 2d 1282 (Fla. 3d DCA 1999). We agree with this analysis. Certainly public defenders have unique responsibilities that are not shared by other defense attorneys in our criminal system. Nevertheless, on the spectrum of criminal law actors, the role of public…

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