Case: In re Reassignment and Consolidation of Public Defender’s Motions to Appoint Other Counsel in Unappointed Noncapital Felony Cases

SC09-1181 | Florida state supreme court

Filed Date: 2008

Closed Date: 2013

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Case Summary

In July 2008, Judge Stanford Blake in the Circuit Court of Florida's Eleventh Judicial Circuit held a hearing on the motion of the Dade County Public Defender, who asked that his lawyers be excused from appointments in all felony cases, except capital cases, in Miami’s 21 felony courtrooms. The public defender argued that underfunding of his office had led to excessive caseloads, and that his lawyers could not ethically or legally accept additional non-capital felonies. On September 3, 2008, th…

In July 2008, Judge Stanford Blake in the Circuit Court of Florida's Eleventh Judicial Circuit held a hearing on the motion of the Dade County Public Defender, who asked that his lawyers be excused from appointments in all felony cases, except capital cases, in Miami’s 21 felony courtrooms. The public defender argued that underfunding of his office had led to excessive caseloads, and that his lawyers could not ethically or legally accept additional non-capital felonies. On September 3, 2008, the trial court judge ruled substantially in favor of the public defender’s position, declaring that the public defender would be excused from having to accept appointments to all class C felonies, though appointments to class A and B felonies would continue. The court reasoned that excessive caseloads interfered with public defenders' ability to comply with the Florida Rules of Professional Conduct and their constitutional obligations. The court ordered the Office of Criminal Conflict and Civil Regional Counsel for the Third District to represent the affected indigent defendants.

The State appealed. In May 2009, the Third District Court of Appeal of Florida reversed the trial court and quashed Judge Blake's order. The District Court of Appeal held that the public defender was required to prove prejudice or conflict, separate from excessive caseload, on an individual basis to be relieved of duty to represent indigent defendants.

The Florida Supreme Court accepted review and consolidated this case with State v. Bowens, 39 So.3d 479 (Fla. 3d DCA 2010), where the Public Defender had challenged the constitutionality of a Florida statute excluding excessive caseload as a ground for attorney withdrawal. The Florida Supreme Court quashed the Third District Court of Appeal's decision. The court held that the Public Defender had demonstrated cause for withdrawal due to excessive caseloads. The court remanded the case for the trial court to determine if the circumstances still warranted granting the Public Defender's motion to decline appointments in future third-degree felony cases under the standards approved in its decision.

Summary Authors

Elena Malik (3/10/2020)

People


Judge(s)

Cortinas, Angel A (Florida)

Quince, Peggy A. (Florida)

Salter, Vance E (Florida)

Attorney for Plaintiff

Lovells, Hogan (Florida)

Nevins, Julie E (Florida)

Judge(s)

Cortinas, Angel A (Florida)

Quince, Peggy A. (Florida)

Salter, Vance E (Florida)

Shepherd, Frank A (Florida)

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Documents in the Clearinghouse

Document

3D08-2272

Case Docket

State of Florida vs. Public Defender, Eleventh Judicial Circuit of Florida

Florida state appellate court

July 11, 2013

July 11, 2013

Docket

SC09-1181

3D08-2272

3D08-2537

08-1

Case Docket

Public Defender, Eleventh Judicial Circuit of Florida vs. State of Florida

Sept. 13, 2013

Sept. 13, 2013

Docket

3D08-2272

3D08-2537

Opinion

State v. Public Defender, Eleventh Judicial Circuit

Florida state appellate court

May 13, 2009

May 13, 2009

Order/Opinion

12 So.3d 12

39

SC09-1181

3D08-2272

3D08-2537

SC10-1349

3D09-3023

Initial Brief on the Merits

Public Defender, Eleventh Judicial Circuit of Florida vs. State of Florida

Dec. 27, 2011

Dec. 27, 2011

Pleading / Motion / Brief
39

SC09-1181

SC10-1349

Opinion

Public Defender, Eleventh Judicial Circuit of Florida vs. State of Florida

May 23, 2013

May 23, 2013

Order/Opinion

115 So.3d 115

Resources

Docket

Last updated Aug. 30, 2023, 2:43 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Indigent Defense

Key Dates

Filing Date: 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Public Defender for the Eleventh Judicial Circuit

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Florida, State

Case Details

Causes of Action:

State law

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Issues

Reproductive rights:

Fetus Identity

General:

Access to lawyers or judicial system