JAMES MARION MOORMAN, PUBLIC DEFENDER, TENTH JUDICIAL CIRCUIT, AND JOSEPH WADE NELSON, PETITIONERS,
v.
HONORABLE EDWARD F. THREADGILL, JR., CIRCUIT JUDGE, POLK COUNTY, RESPONDENT
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PER CURIAM.
It appearing from the unrefuted allegations of the Petitioner Public Defender that Petitioner Nelson will be prevented from pursuing plea negotiations requested by him because of information he desires to disclose that may be detrimental to another client of the Public Defender, certiorari is granted.
While the state contends that no actual conflict has been demonstrated, in this case, the very possibility of conflict is preventing the Public Defender from adequately representing either client. Furthermore, to describe the actual matters which cause the possible conflict would, according to the allegations of the Public Defender, violate the attorney-client privilege. In such circumstances, the representations of the Public Defender must be accepted. This then presents a classic situation for the application of Turner v. State, 340 So. 2d 132 (Fla. 2d DCA 1976), where the Public Defender is placed in the circumstance of representing two antagonistic defendants and is called on by one to reveal possible harmful information about the other. Certiorari is granted, and the order of the trial court denying withdrawal of counsel for conflict of interest is quashed.
GRIMES, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Young v. State, 189 So. 3d 956 (Fla. 2d DCA 2016)…client privilege, which would have been in clear contravention of the plain language of section 27.5303(l)(a), precluding the trial court from requiring the disclosure of “any confidential information.” As this court stated in Moorman v. Threadgill, 462 So. 2d 573, 574 (Fla. 2d DCA 1985), cases will occur in which just describing “the actual matters which cause the possible conflict would ... violate the attorney-client privilege,” and the trial court must accept the public defender’s representations.. Accord…
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In re Public Defender's Certification of Conflict and Motion to Withdraw Due to Excessive Caseload and Motion for Writ of Mandamus, 709 So. 2d 101 (Fla. 1998)…; Day v. State, 570 So. 2d 1003 (Fla. 1st DCA 1990); In Re Order on Prosecution of Criminal Appeals by the Tenth Circuit Public Defender, 523 So. 2d 1149 (Fla. 2d DCA 1987); Haggins v. State, 498 So. 2d 953 (Fla. 2d DCA 1986); Moorman v. Threadgill, 462 So. 2d 573 (Fla. 2d DCA 1985); Escambia County v. Behr, 384 So. 2d 147 (Fla.1980); In Re Directive to the Public Defender of the Eleventh Judicial Circuit of Florida, No. 60,513 (Fla. April 28, 1981); In Re Directive to the Public Defender of the Seventh Judic…
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Schluck v. State (Fla. 1st DCA 2024)
Authorities Cited
- Turner v. State, 340 So. 2d 132 (Fla. 2d DCA 1976)