The Florida Supreme Court decided today that the Offices of the Criminal Conflict and Civil Regional Counsel are not second tier "appointed" public defender in violation of the Florida Constitution. As such the governor is pretty much clear to appoint whomever he or she wants to the position, qualified or not. Not that I am casting aspersion on these folks as I know several and they seem at least qualified if not insane for taking the position. But always in the back of my mind I wonder if the best candidate is the one who gets the position or the most politically connected.
Speaking of Public Defenders, of the 20 races for election, three have incumbents who have challengers and two are wide open elections. In one of these wide open races, one candidate, Larry Eger, has raised over $129,000. What is most ironic about Larry is that he worked with the public defender's office for 23 years. Who knew one of us would have connections like that to raise that kind of scratch. Good luck Larry.
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Hi- It's my first time at your blog but I saw you practice in Florida and I was hoping to see something about elected PDs. And then I ran across this post.
I've never practiced in a state with elected PDs so I'm very curious. In NY all PDs are political appointments, which certainly has its own problems. But in Floria, how do they run a campaign for PD? Do they really say I'm going to zealously represent everyone, even the guilty, and hold the state's feet to the fire every chance I get? Or do they have to couch their campaigns in terms of cost savings, efficiency and "we know they are almost all guilty but the Constitution says some one has to do this work...?
Also, how do election cycles effect the staff in the offices?
Just wondering.
The election cycles only effect the staff if the current defender is retiring or is challenged. The ones who are challenging the incumbent tend argue that the current administration is not efficient in either managing cases or costs. Of course they can't come out and say we want to push the State to the breaking point like we do. We have had a person run for judge and put in their campaign literature that the opponent was a criminal defense attorney, getting guilty people out of jail. Of course that person one. However, most time the incumbent survives.
The races can sometimes take a nasty turn. In Florida's 19th circuit, an intern started handling cases without the proper permission from the Florida Supreme Court. The challenger found out about it and filed a bar grievance against the incumbent. Also, they are I am sure they attacking the same public defender on the fact that the clients are not getting meaningful first appearances as the Public Defender ofthe 19th Circuit, Diamond Litty, is married to one of the first
appearance judges, Tom Walsh. her policy was that her office would take no action until they got the official paperwork or 21 days later, whichever came first. It took another county judge to file a suit to enforce it.
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