The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH

Chapter 27
STATE ATTORNEYS; PUBLIC DEFENDERS; RELATED OFFICES

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F.S. 27.5303

27.5303 Public defenders; criminal conflict and civil regional counsel; conflict of interest.—

(1)(a) If, at any time during the representation of two or more defendants, a public defender determines that the interests of those accused are so adverse or hostile that they cannot all be counseled by the public defender or his or her staff without conflict of interest, or that none can be counseled by the public defender or his or her staff because of a conflict of interest, then the public defender shall file a motion to withdraw and move the court to appoint other counsel. The court shall review and may inquire or conduct a hearing into the adequacy of the public defender’s representations regarding a conflict of interest without requiring the disclosure of any confidential communications. The court shall deny the motion to withdraw if the court finds the grounds for withdrawal are insufficient or the asserted conflict is not prejudicial to the indigent client. If the court grants the motion to withdraw, the court shall appoint one or more attorneys to represent the accused, as provided in s. 27.40. The public defender shall submit to the Justice Administrative Commission a copy of the order granting the motion to withdraw within 30 days after the motion is granted. The commission shall report quarterly to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the number of orders granting motions to withdraw for each circuit.

(b) If, at any time during the representation of two or more persons in a criminal or civil proceeding, a criminal conflict and civil regional counsel determines that the interests of those clients are so adverse or hostile that they cannot all be counseled by the regional counsel or his or her staff without conflict of interest, or that none can be counseled by the regional counsel or his or her staff because of a conflict of interest, the regional counsel shall file a motion to withdraw and move the court to appoint other counsel. If requested by the Justice Administrative Commission, the regional counsel shall submit a copy of the motion to the Justice Administrative Commission at the time it is filed with the court. The court shall review and may inquire or conduct a hearing into the adequacy of the regional counsel’s representations regarding a conflict of interest without requiring the disclosure of any confidential communications. The court shall deny the motion to withdraw if the court finds the grounds for withdrawal are insufficient or the asserted conflict is not prejudicial to the client. If the court grants the motion to withdraw, the court shall appoint one or more private attorneys to represent the person as provided in s. 27.40. The clerk of court shall inform the regional office and the commission when the court appoints private counsel.

(c) Upon its own motion, the court shall appoint such other counsel when the facts developed upon the face of the record and court files in the case disclose a conflict of interest. The clerk shall advise the appropriate public defender or criminal conflict and civil regional counsel, in writing, with an electronic copy to the Justice Administrative Commission when the court makes the motion and appoints one or more attorneys. The court shall specify the basis for the conflict.

(d) In no case shall the court approve a withdrawal by the public defender or criminal conflict and civil regional counsel based solely upon inadequacy of funding or excess workload of the public defender or regional counsel.

(e) In determining whether or not there is a conflict of interest, the public defender or regional counsel shall apply the standards contained in the Uniform Standards for Use in Conflict of Interest Cases found in appendix C to the Final Report of the Article V Indigent Services Advisory Board dated January 6, 2004. Before a motion to withdraw is filed under this section, the public defender or regional counsel serving the circuit, or his or her designee, must:

1. Determine if there is a viable alternative to withdrawal from representation which would remedy the conflict of interest and, if it exists, implement that alternative; and

2. Approve in writing the filing of the motion to withdraw.

(2) The court shall appoint conflict counsel pursuant to s. 27.40, first appointing the office of criminal conflict and civil regional counsel and, if the office is found to have a conflict, appointing private counsel. The appointed private attorney may not be affiliated with the public defender, any assistant public defender, the regional counsel, or any assistant regional counsel in his or her official capacity or any other private attorney appointed to represent a codefendant. The public defender or regional counsel may not participate in case-related decisions, performance evaluations, or expense determinations in conflict cases.

(3) Private court-appointed counsel shall be compensated as provided in s. 27.5304.

(4)(a) If a defendant is convicted and the death sentence is imposed, the appointed attorney shall continue representation through appeal to the Supreme Court. The attorney shall be compensated as provided in s. 27.5304. If the attorney first appointed is unable to handle the appeal, the court shall appoint another attorney and that attorney shall be compensated as provided in s. 27.5304.

(b) When the appointed attorney in a capital case has completed the duties imposed by this section, the attorney shall file a written report in the trial court stating the duties performed by the attorney and apply for discharge.

History.—s. 19, ch. 2003-402; s. 10, ch. 2004-265; s. 10, ch. 2007-62; s. 3, ch. 2014-59.

F.S. 27.5303 on Google Scholar

F.S. 27.5303 on Casetext

Amendments to 27.5303

Arrestable Offenses / Crimes under Fla. Stat. 27.5303

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 27.5303.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BROWER, v. STATE, 267 So. 3d 524 (Fla. App. Ct. 2019)

. . . The motion was filed pursuant to section 27.5303, Florida Statutes (2018), and asserted a conflict of . . . Petitioner's counsel filed a motion to withdraw in compliance with section 27.5303, certifying a conflict . . . While section 27.5303 permits the trial court to inquire as to the nature of the conflict, the court . . . is not permitted to inquire into confidential matters. § 27.5303(1)(a), Fla. . . .

R. NOTTAGE, v. UNITED STATES,, 135 Fed. Cl. 483 (Fed. Cl. 2017)

. . . truth are the following; s.733.37(2)(A), 27,52(1),(a)(5), (c), (d), (e)8, 2(0)1, (f), (g) & (i)3, s. 27.5303 . . . Plaintiff also attempts to cite Florida Statutes sections 27.52, 27.5303, and 733.37, all of which are . . . provides for the determination of indigent status for purposes of obtaining a public defender, and section 27.5303 . . . Stat, §§ 27.52, 27.5303, and 733.37 (2017). . . . It may be that plaintiff, residing in a prison in Florida, was attempting to cite to sections 27.52, 27.5303 . . .

LEAKE, v. STATE, 207 So.3d 343 (Fla. Dist. Ct. App. 2016)

. . . recusal of the trial judge but rather the withdrawal of an attorney in a criminal case under section 27.5303 . . .

YOUNG, v. STATE, 189 So. 3d 956 (Fla. Dist. Ct. App. 2016)

. . . of the law when it inquired into the details of privileged, information in contravention of section 27.5303 . . . Section 27.5303 entitled, “Public defenders; criminal conflict and civil regional counsel; conflict of . . . Given this statute’s express limitation of the scope of the trial court’s inquiry, section 27.5303(l) . . . Under current law, section 27.5303(l)(a) allows for a limited-inquiry'into a withdrawal motion caused . . . But section 27.5303(l)(a) expressly limits the inquiry to those- matters that are not “confidential.” . . .

SMITH, v. STATE v., 156 So. 3d 1119 (Fla. Dist. Ct. App. 2015)

. . . . § 27.5303(1)(a) (2014) (emphasis added). . . . Stat. § 27.5303(1)(a) (2006)) (footnote omitted) (emphasis added). . . . However, the court in Scott noted that section 27.5303 recognizes that there may be situations in which . . . “Although the rule was once otherwise, section 27.5303, Florida Statutes ... now permits a trial court . . . In conclusion, the language of section 27.5303(l)(a) requires that the trial court’s inquiry into the . . .

P. ABDOOL, v. BONDI,, 141 So. 3d 529 (Fla. 2014)

. . . In Johnson, we addressed the issue of whether sections 27.5303(l)(a) and 27.511(8), Florida Statutes . . . In determining that section 27.5303(1)(a) governs all motions to withdraw filed by the public defender . . . Furthermore, while section 27.703(1) does not contain the limiting language of section 27.5303(l)(a), . . . withdrawal are insufficient or the asserted conflict is not prejudicial to the indigent client.... § 27.5303 . . . to the court that the public defender has a conflict consistent with the criteria prescribed in s. 27.5303 . . .

PUBLIC DEFENDER, ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, v. STATE v., 115 So. 3d 261 (Fla. 2013)

. . . the following question, which the court certified to be of great public importance: Whether section 27.5303 . . . The Public Defender also challenged the constitutionality of section 27.5303(l)(d), Florida Statutes . . . Section 27.5303(l)(d) is the primary provision at issue in this case. . . . Applicability of Section 27.5303(l)(d) The initial issue that we must address is whether section 27.5303 . . . under section 27.5303. . . . I agree with the majority that section 27.5303(l)(d), Florida Statutes (2007), is applicable and not . . .

H. BABB, Jr. v. STATE, 92 So. 3d 281 (Fla. Dist. Ct. App. 2012)

. . . for the appointment of the public defender was based on three Florida Statutes: section 27.51(5)(a), 27.5303 . . . counsel to represent such person in proceedings for relief by executive clemency pursuant to ss. 2740 and 27.5303 . . .

JOHNSON, v. STATE, 78 So. 3d 1305 (Fla. 2012)

. . . In reaching this conclusion, the district court relied on the fact that section 27.5303(l)(a), which . . . Section 27.5303, which addresses conflicts of interest by the public defender and RCC, provides that . . . Additionally, the language and history of section 27.5303(l)(a) do not support the Fourth District’s . . . Section 27.5303 is entitled “Public defenders; criminal conflict and civil regional counsel; conflict . . . of interest.” § 27.5303, Fla. . . . I agree with the majority’s conclusion that section 27.5303(l)(a) governs all public defender motions . . . In contrast, the statute at issue in the case on review — section 27.5303(l)(a) — does limit the trial . . . The Fourth District erred both in its interpretation of section 27.5303(l)(a) and in its ruling regarding . . . sufficient interest in the public defender’s motion to be heard on the subject, and pursuant to section 27.5303 . . .

STATE v. BOWENS,, 39 So. 3d 479 (Fla. Dist. Ct. App. 2010)

. . . cross-petitioned to challenge that portion of the order denying the Public Defender’s motion to declare section 27.5303 . . . We deny the Public Defender’s challenge to the constitutionality of section 27.5303(l)(d), Florida Statutes . . . PD11 and Kolsky also moved to declare section 27.5303(1)(d), Florida Statutes (2007) to be unconstitutional . . . The pertinent subsections of section 27.5303(1) provide: (l)(a) If, at any time during the representation . . . we certify to that Court the following question as one of great public importance: Whether section 27.5303 . . .

STATE v. PUBLIC DEFENDER, ELEVENTH JUDICIAL CIRCUIT,, 12 So. 3d 798 (Fla. Dist. Ct. App. 2009)

. . . In 2004, the legislature promulgated, and in 2007 amended, section 27.5303, which permits assistant public . . . defenders to withdraw from representation based on a conflict of interest. § 27.5303(l)(a), Fla. . . . Within section 27.5303, the Legislature provided guidance as to what constitutes a conflict of interest . . . We must assume that when the Legislature drafted section 27.5303, it was aware of the prior state of . . . If we did, section 27.5303(l)(d) would be rendered meaningless. Forsythe v. . . .

JOHNSON, v. STATE, 6 So. 3d 1262 (Fla. Dist. Ct. App. 2009)

. . . to the court that the public defender has a conflict consistent with the criteria prescribed in s. 27.5303 . . . trial courts to conduct an inquiry into the basis for the PD’s assertion that a conflict exists. § 27.5303 . . . In 2003, before the later adoption of the RCC statutes, the Legislature had enacted § 27.5303. . . . [e.s.] § 27.5303(1)(a), Fla. Stat. (2003). . . . The omission of any grant of standing in the revised version of § 27.5303 causes us to conclude that . . .

SCOTT, v. STATE, 991 So. 2d 971 (Fla. Dist. Ct. App. 2008)

. . . Although the rule was once otherwise, section 27.5303, Florida Statutes (2006), now permits a trial court . . . Section 27.5303(l)(a) requires denial of a legally sufficient motion only if the trial court affirmatively . . . the other client(s), i.e., that “the asserted conflict is not prejudicial to the indigent client.” § 27.5303 . . . The trial court did not in terms rule that the stated “grounds for withdrawal are insufficient.” § 27.5303 . . . Effective July 1, 2004, the legislature renumbered section 27.53(3) to section 27.5303(l)(a) and inserted . . .

B. SNELGROVE, v. STATE, 921 So. 2d 560 (Fla. 2005)

. . . Section 27.5303(l)(a), Florida Statutes (2004), now allows the trial court to inquire or conduct a hearing . . . for withdrawal are insufficient or the asserted conflict is not prejudicial to the indigent client. § 27.5303 . . .