IN THE INTEREST OF C.B., A CHILD
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A juvenile defendant was adjudicated delinquent and sentenced while represented by a certified legal intern without written consent as required by Florida Bar rules. The appellate court reversed the judgment because the trial court failed to obtain and file the required written consent to the intern's representation.
The judgment and sentence are reversed because there is insufficient evidence in the record to refute the appellant's allegations of lack of consent. Mere oral notification that the attorney was a legal intern does not satisfy the requirement for written consent demonstrating that the defendant understood his options and knowingly waived his rights.
[1] Representation by a certified legal intern requires the written consent of the person on whose behalf the intern appears.
[2] A trial court must have sufficient evidence in the record to refute allegations of a lack of consent to representation by a legal intern.
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Join FLexlaw to unlock all legal intelligence“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.”
Sets forth the mandatory written consent requirement under Florida Bar Rule 11-1.2(a)
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Join FLexlaw to unlock all legal intelligenceThe appellant was tried, adjudicated delinquent, and sentenced while represented by a certified legal intern. The defendant did not sign written conse…
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STONE, Judge.
The appellant was tried, adjudicated delinquent, and sentenced while represented by a certified legal intern. He contends that the representation was without his consent and in violation of Florida Bar rules governing representation by a legal intern.
The Rules Regulating the Florida Bar provide, in pertinent part:
11-1.2. Activities
(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.
(d) In each case the written consent and approval referred to above shall be filed in the record of the case and shall be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal.
Here, the defendant did not sign a written consent to the representation. There is no explanation why the written consent, required by the rule, was not obtained. Apparently it was an oversight. The legal intern has testified, in a supplemental proceeding, that the appellant was informed that she was a legal intern.
We reverse because there is not sufficient evidence in the record to refute the appellant’s allegations of a lack of consent. There is no direct evidence in the record that the defendant consented to the representation, nor that such consent, if any, was knowingly given.
The fact that the defendant, a juvenile, was advised of the intern’s status is no substitute for proof in the record reflecting that the defendant understood his options and knowingly waived his rights. Cf. Cheatham v. State, 364 So. 2d 83 (Fla. 3d DCA 1978), cert. denied, 372 So. 2d 471 (Fla.1979).
The judgment and sentence are reversed. We find the other issues raised by appellant to be without merit.
ANSTEAD and LETTS, JJ., concur.
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In the Interest of A.R., 554 So. 2d 640 (Fla. 4th DCA 1989)…v. State, 358 So. 2d 183 (Fla.1978); In The Interest of L.S., 553 So. 2d 345 (Fla. 4th DCA 1989.) Further, the fact that there was no evidence of a written consent to be represented by legal interns is reversible error. See, In The Interest of C.B., 546 So. 2d 447 (Fla. 4th DCA 1989.) REVERSED AND REMANDED with directions that the trial court reinstate A.R.’s community control. DOWNEY, ANSTEAD and WALDEN, JJ., concur.…
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Duval v. State, 744 So. 2d 523 (Fla. 2d DCA 1999)…quire 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. consented to intern's representation; although intern testified that juvenile was informed of her status, court found this to be "no substitute for proof in the record re…
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In the Interest of L.S., 560 So. 2d 425 (Fla. 4th DCA 1990)…y 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 stag…
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- Cheatham v. State, 364 So. 2d 83 (Fla. 3d DCA 1978)