Sunday, July 11, 2010

Florida Appellate Court Denies PD's Withdrawal Motion Based on Excessive Caseload





The ethical dilemmas posed by under-funding of public defenders have been the subject of much attention, as in the New York CLU's challenge.  The bold efforts of  Miami-Dade's elected public defender have gotten a lot of attention. On May 10 the Florida Supreme Court accepted jurisdiction of the PD's systemic challenge and established a briefing schedule.  Argument is expected in the fall. (excessive caseload litigation files here)  


In Florida v. Bowen   the trial judge allowed a PD to withdraw from an individual case due to excessive caseload.  The dilemma is created by the violation of the client's right to a speedy trial and the inability to obtain substitute counsel.  Now an intermediate court of appeals has reversed.  Robert Boruchowitz, Professor from Practice at Seattle University reports at Crim Law Prof blog.

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