11/6/1985 - Laserfiche WebLink

Home Browse Search

,_u BOOK 62 PAGE 674 At the present time, I presently employ 19 trial attorneys in addition to myself and Robin Frierson, Deputy Public Defender. These are distributed amongst tKe four counties within this circuit with five being assigned to Martin County, five assigned to Indian River County, seven assigned to St. Lucie County and two assigned to Okeechobee County. In addition to supervisory duties among all four counties, Mr. Frierson is responsible for direct supervision and preparation of all capital cases throughout the circuit. During fiscal year 1984-85, ending June 30th of this year, our capital cases increased 190% from 10 in the previous fiscal year to 29. Non -capital felony cases increased 66.37% from 1,002 in 1983-84 to 1,666 while misdemeanors increased 27.79% from 2,890 in fiscal year 1983-84 to 3,693 during the past fiscal year. This has resulted in a total trial caseload increase of 36.64% between fiscal year 1983-84 and fiscal year 1984-85, the highest of any circuit in the state. According to the Florida Public Defender Association caseload standards, our current existing caseload generates almost 26 attorneys in order to provide effective assistance of counsel as mandated by the Constitution and the laws of the State of Florida. Although our caseload increase is the highest in the state, our funding level per attorney is the lowest in the state. The bottom line is that, as a result of lack of funds, I will be required to reduce my trial attorney staff by 11 attorneys as of January 1, 1986. In addition to Mr. Frierson and myself, I will be able to retain two felony attorneys in martin County, three felony attorneys in St. Lucie County, two felony attorneys in Indian River County and one 3/4 -time attorney in Okeechobee County. This will result in the termination or placing on leave without pay of two misdemeanor attorneys and one felony attorney in martin County, three misdemeanor attorneys and one felony attorney in St. Lucie County, two misdemeanor attorneys and one felony attorney in Indian River County and one full-time attorney in Okeechobee County. Three of my attorneys in St. Lucie County have already given notice that they will be leaving between November 1 and December 1 of this year. Although we have a number of qualified applicants for these positions, I have made no commitment for replacements because of this lack of funding. As occurred in December of 1982, I again feel that the most appropriate solution to this problem is to contract with those of my existing staff who will be placed on leave without pay or otherwise terminated at a rate commensurate with their present earnings for up to six months. The three additional personnel can also be obtained on a contract basis in order to maintain the necessary staff required to handle the existing caseload without these cases being referred to private attorneys at the existing hourly rate of $35.00 per hour out of court and $50.00 per hour in court. As occurred previously, we would continue to make the county provided office space available for their use and provide necessary support services within our existing staff. Although the exact dollar amounts have not yet been calculated, the maximum impact upon each of the counties would be approximately $2,400.00 per attorney per month which would be less than 2 of the amount needed to pay special assistant public defenders appointed on a per case basis by the court. 48 W W