STATE OF FLORIDA EX REL. ESCAMBIA COUNTY, PETITIONER,
v.
JACK BEHR, IN HIS OFFICIAL CAPACITY AS PUBLIC DEFENDER FOR THE FIRST JUDICIAL CIRCUIT OF FLORIDA, RESPONDENT
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Florida's Public Defender sought to withdraw from six non-capital felony cases due to excessive caseload that prevented effective representation. The court denied mandamus relief, holding that while the Public Defender has a statutory duty to represent indigent defendants, that duty must be reconciled with ethical obligations to provide competent representation, allowing withdrawal when excessive caseload compromises effectiveness.
The Public Defender may withdraw from cases when excessive caseload compromises the effectiveness of representation. Section 27.51 cannot be construed mechanically to mandate the appointment of the Public Defender in all circumstances if doing so would compromise the effectiveness of his representation.
[1] A public defender's statutory duty to represent indigent defendants does not mandate representation when doing so would compromise the effectiveness of that representatio…
[2] Trial courts have discretion to grant a public defender's motion to withdraw when the caseload prevents competent representation.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 27.51 cannot be construed mechanically, in all circumstances, to mandate the appointment of the public defender if so doing would compromise the effectiveness of his representation.”
The court's holding that statutory duty must yield to ethical obligations ensuring effective representation when caseload is excessive.
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Join FLexlaw to unlock all legal intelligenceThe Public Defender for the First Judicial Circuit filed motions to withdraw from six non-capital felony cases, citing excessive caseload and inabilit…
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ERVIN, Judge.
The Public Defender for the First Judicial Circuit of Florida, in. six non-capital felony cases, filed motions to withdraw, citing excessive caseload and his inability to render effective representation on behalf of the defendants. Petitioner sought writ of mandamus to compel the Public Defender to represent the defendants in the six eases. The writ was denied, and the motions to withdraw were granted. Petitioner now seeks writ of certiorari before this court, contending the Public Defender may not shirk his statutory duties by withdrawing as counsel.
Section 27.51(1), Florida Statutes (1975), requiring “. . . the public defender . . . represent, without additional compensation as provided in S. 925.-035, any person who is deemed to be insolvent, as provided in this act, who is under arrest for, or is charged with, a felony must be read in pari materia with other relevant statutes and standards.
Section 27.53(2) allows the trial court the discretion to appoint as special assistant public defender any member of the Bar to represent insolvent defendants. Canon 6 of the Code of Professional Responsibility provides generally that a lawyer should represent a client competently. The corresponding disciplinary rule, 6-101, requires “a lawyer shall not . . . handle a legal matter without preparation adequate in the circumstances.” Ethical Consideration 2-30 provides, “Employment shall not be accepted by a lawyer when he is unable to render competent service. . . . ”
The record on appeal reveals the caseload of the Public Defender’s office far exceeds the workloads recommended by three commissions — The National Advisory Commission on Criminal Justice Standards and Goals, the National Legal Aid and Defender Association, and the Florida Governor’s Commission. See, for example, Florida’s Criminal Justice Standards & Goals: Final Report, 392-3 (1976).
Moreover, the trial judge has the opportunity to observe directly the adequacy of representation by the public defender’s office and to deter mine whether the workload is excessive.
Section 27.51 cannot be construed mechanically, in all circumstances, to mandate the appointment of the public defender if so doing would compromise the effectiveness of his representation. Both ethical considerations and professional standards dictate otherwise.
The writ is DENIED.
BOYER, Acting C. J., and MILLS, J., concur.