House Bill 0327

    Florida House of Representatives - 1999                 HB 327

        By Representative Warner






  1                      A bill to be entitled

  2         An act relating to public defenders; amending

  3         s. 27.53, F.S.; providing that withdrawal by a

  4         public defender may be permitted by the court

  5         for conflict of interest unless the court

  6         determines that the conflict is too remote or

  7         attenuated to result in prejudice to the

  8         indigent client; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (3) of section 27.53, Florida

13  Statutes, is amended to read:

14         27.53  Appointment of assistants and other staff;

15  method of payment.--

16         (3)  If at any time during the representation of two or

17  more indigents the public defender shall determine that the

18  interests of those accused are so adverse or hostile that they

19  cannot all be counseled by the public defender or his or her

20  staff without conflict of interest, or that none can be

21  counseled by the public defender or his or her staff because

22  of conflict of interest, it shall be the public defender's

23  duty to move the court to appoint other counsel. The court

24  shall permit withdrawal unless the court determines that the

25  asserted conflict is too remote or attenuated to result in

26  prejudice to the indigent client. The court may appoint one or

27  more members of The Florida Bar, who are in no way affiliated

28  with the public defender, in his or her capacity as such, or

29  in his or her private practice, to represent those accused.

30  However, the trial court shall appoint such other counsel upon

31  its own motion when the facts developed upon the face of the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 327

    514-166-99






  1  record and files in the cause disclose such conflict.  The

  2  court shall advise the appropriate public defender and clerk

  3  of court, in writing, when making such appointment and state

  4  the conflict prompting the appointment.  The appointed

  5  attorney shall be compensated as provided in s. 925.036.

  6         Section 2.  This act shall take effect July 1, 1999.

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  9                          HOUSE SUMMARY

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      Provides, with respect to public defenders, that the
11    court shall permit withdrawal by the public defender for
      conflict of interest unless the court determines that the
12    asserted conflict is too remote or attenuated to result
      in prejudice to the indigent client.
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