Florida/Georgia Personal Injury & Workers Compensation

...ily in those cases in which the public defender has a conflict. The Act establishes five Offices of Criminal Conflict and Civil Regional Counsel ("OCCCRC") to be located within the geographic boundaries of each of the five district courts of appeal. § 27.511(1), Fla....

...nor, the Governor appoints a regional counsel from this list (unless it is in the best interests of the fair administration of justice for the Governor to request the submission of three new candidates), and the Senate must confirm each nominee. Id. § 27.511(3)....

...§ 27.53(4), Fla. Stat. (2007). Although each office is assigned to the Justice Administrative Commission for administrative *138 purposes, they are "not subject to control, supervision, or direction by the commission in the performance of their duties." § 27.511(2), Fla....

...The Legislature established the OCCCRC "to provide adequate representation to persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law . . . in a fiscally sound manner, while safeguarding constitutional principles." Id. § 27.511(1)....

...See § 27.51(1), Fla. Stat. (2007). However, in cases where the public defender determines that a conflict of interest exists, rather than appointing private counsel from a registry list, the new system mandates that the OCCCRC be appointed first. See § 27.511(5), Fla....

...or (5) appealing a matter in any of the preceding situations. See id. § 27.51(1), Fla. Stat. Similarly, the OCCCRC are required to provide representation to indigent defendants in exactly the same types of criminal cases as the public defender. See § 27.511(5), Fla....

...Thus, there is some overlap between the OCCCRC and the public defender when it comes to the types of criminal cases each entity handles. What is critical to our decision is that the OCCCRC are appointed in criminal cases only where the public defender must withdraw due to a conflict of interest. See § 27.511(5), Fla....

...[2] The Act also provides that the OCCCRC have primary responsibility for representing indigent persons in civil proceedings, for which constitutional principles or general law require court-appointed counsel and where general law does not already provide for the appointment of the public defender. See § 27.511(6)(a), Fla....

...(2007). [8] Although the OCCCRC are responsible for the same types of enumerated cases as the public defender, the Act also grants the OCCCRC primary responsibility for certain civil proceedings that are not addressed in section 27.51. As noted in section 27.511(6), the OCCCRC ha[ve] primary responsibility for representing persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law in civil proceedings, including, but not limited to, proceedings under s. 393.12 and chapters 39, 390, 392, 397, 415, 743, 744, and 984. Id. § 27.511(6)(a). However, if general law already provides for appointment of the public defender, then the OCCCRC are appointed only if the public defender has a conflict of interest. See id. at § 27.511(6)(b), Fla....

...Ass’n of Criminal Defense Lawyers, Inc., 978 So. 2d 134, 141 (Fla. 2008). Thus, the Legislature has created by statute the offices of CCRC and the Office of Criminal Conflict and Civil Regional Counsel (RCC) and has established the registry counsel appointment system. See §§ 27.40, 27.511, 27.701, Fla....

...(2013) (“[p]rivate counsel appointed by the court to provide representation shall be selected from a registry of individual attorneys maintained under this section”); § 27.701, Fla. Stat. (2013) (“[t]here are created three regional offices of capital collateral counsel . . .”); § 27.511(1), Fla....

...Because they are created by statute, the Legislature has the - 31 - authority to establish the qualifications and duties of (not the elected public defender) registry counsel, CCRC, and RCC, and those qualifications are not within the purview of this Court. See §§ 27.40(3)(a), 27.511(3)(a), 27.701, Fla. Stat....

...closing confidential information. Additionally, we recently evaluated a statute similar to amended section 27.703(a) in Johnson v. State, 78 So. 3d 1305 (Fla. 2012). In Johnson, we addressed the issue of whether sections 27.5303(1)(a)7 and 27.511(8), 8 Florida Statutes (2008), authorize appellate courts to inquire into the adequacy of the conflict of interest....

...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. . . . § 27.5303(1)(a), Fla. Stat. (2008). 8. In relevant part, section 27.511(8), Florida Statutes, provides: If the public defender certifies to the court that the public defender has a conflict consistent with the criteria prescribed in s. 27.5303 and moves to withdraw, the regional counsel shall handle the appeal, unless the regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40. § 27.511(8), Fla....

...Lawyers, 978 So.2d 134, 137 (Fla.2008). As part of this new system, the Act established the Offices of Criminal Conflict and Civil Regional Counsel (the "RCC"), which consist of five offices located within the geographic boundaries of each of the five district courts of appeal. See § 27.511(1), Fla. Stat. (2007). The Act requires courts to appoint counsel from the RCC when the public defender has a conflict of interest. § 27.511(5)....

...ppointed for representation. After hearing argument from the parties, the Fourth District granted the public defender's motion to withdraw and appointed RCC to represent Johnson in his appeal. The Fourth District concluded that the plain language of section 27.511(8), Florida Statutes (2008), provides that the public defender's certification of conflict alone is sufficient to shift representation of the defendant to RCC....

...a conflict at the appellate level the case will automatically be transferred to RCC without a determination from a district court of appeal. Id. at 1266. ANALYSIS The underlying case involves a judicial interpretation of the application of sections 27.511(8) and 27.5303(1)(a) and whether RCC has standing to challenge a public defender's motion to withdraw....

...erated list of criminal offenses and in a limited number of civil proceedings. See § 27.51(1), Fla. Stat. (2008). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of RCC. See § 27.511(5), Fla....

..."Where the statute's language is clear or unambiguous, courts need not employ principles of statutory construction to determine and effectuate legislative intent." Fla. Dep't of Children & Family Servs., 14 So.3d at 234. Thus, we begin our analysis with careful consideration of the text of the statutes at issue. Section 27.511(8), Florida Statutes (2008), provides: The public defender for the judicial circuit specified in s....

...Johnson, 6 So.3d at 1266. We disagree with the Fourth District's interpretation as it is not consistent with the history of the statute or the Legislature's stated intent in amending the statute to include the language which the Fourth District relies upon. Section 27.511 is entitled "Offices of criminal conflict and civil regional counsel; legislative intent; qualifications; appointment; duties. " § 27.511, Fla. Stat. (2008) (emphasis added). Section 27.511(8) was created in 2007 when the Legislature established the RCC....

...shall handle all circuit court appeals within the state courts system and any authorized appeals to the federal courts which are required in cases in which the office of criminal conflict and civil regional counsel is appointed under this section." § 27.511(8), Fla. Stat. (2007). While the staff analysis of the bill does not address subsection (8) specifically, it does state that section 27.511 was created to establish RCC, which "shall provide representation on the same types of cases as the public defender" when the case is assigned to regional counsel because "the public defender has a conflict." Fla....

...not conduct hearings as the second sentence of the statute provides. In fact, appellate courts do review motions for their adequacy and can direct further inquiry on motions through orders to show cause or by scheduling oral argument. Moreover, when section 27.511(8) and section 27.5303(1)(a) are read in pari materia, there is no contradiction in the statutes and one can discern a reconciled legislative intent that courts review all motions to withdraw, at both the trial and appellate level, and make further inquiry if necessary. In light of the plain language, the titles of the statutes, and the legislative history of sections 27.511(8) and 27.5303(1)(a), we disagree with the Fourth District's interpretation of the statutes....

...factor—an injury in fact—the alleged harm must be "actual or imminent, not `conjectural' or `hypothetical.'" Whitmore, 495 U.S. at 155, 110 S.Ct. 1717 (quoting City of Los Angeles v. Lyons, 461 U.S. 95, 102, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983)). Section 27.511(5), Florida Statutes (2011), provides that RCC must assume representation of an indigent defendant in the event that the public defender cannot represent the defendant due to a conflict of interest: (5) When the Office of the Public De...

...dequate representation in a fiscally sound manner while safeguarding constitutional principles. An Office of Criminal Conflict and Civil Regional Counsel was created within the geographic boundaries of each of the five district courts of appeal. See § 27.511(1), Fla....

...ial law or county or municipal ordinance ancillary to a state charge, or if not ancillary to a state charge, only if the Office of Criminal Conflict and Civil Regional Counsel contracted with the county or municipality to provide representation. See § 27.511(5)(a)(b), Fla....

...t, or when a person is sought by petition to be involuntarily placed as a mentally ill person, involuntarily committed as a sexually violent predator, or involuntarily admitted to residential services as a person with developmental disabilities. See § 27.511(5)(c)(d), Fla. Stat. (2008). The Regional Counsel also may be appointed to represent persons convicted and sentenced to death for purposes of handling an appeal to the supreme court, or for appeals in the cases previously described. See § 27.511(5)(e)(f), Fla....

...bar Regional Counsel from representing indigent defendants in post-conviction proceedings either. Regional Counsel is correct that the authority to represent criminal defendants in post-conviction proceedings is not set forth as an assigned duty in section 27.511(5), Florida Statutes (2008)....

...n due to a conflict of interest or is not authorized to provide representation. That statutory language is general in nature and could be construed as authorizing the appointment of Regional Counsel whenever there is a conflict of interest. However, section 27.511(5) specifies the types of cases where Regional Counsel may be appointed when there is a conflict....

...Prot. v. ContractPoint Fla. Parks, LLC, 986 So.2d 1260 (Fla.2008), citing Fla. State Racing Comm'n v. McLaughlin, 102 So.2d 574, 575-76 (Fla.1958). When the general provision of section 27.40 is read in pari materia with the more specific statute, section 27.511(5), it is clear that post-conviction collateral proceedings are not within the realm of Regional Counsel's duties of representation. Another principle of statutory construction, expressio unius est exclusio alterius, means that in construing a statute, the expression of one thing implies the exclusion of another. See Bush v. Holmes, 919 So.2d 392 (Fla.2006). Section 27.511(5) expressly sets forth the types of cases in which Regional Counsel must represent an indigent defendant if there is a conflict....

...The Capital Collateral Regional Counsel has the sole purpose of instituting and prosecuting collateral actions challenging the legality of the judgment and sentence imposed against persons in capital cases. See § 27.702, Fla. Stat. (2008). The enabling statute in this case, section 27.511, Florida Statutes, has no comparable provision regarding collateral post-conviction proceedings....

...iction counsel is determined on a case-by-case basis. If a trial court determines that appointment of post-conviction counsel is necessary in a particular 3.850 proceeding, there is no specific provision for the appointment of Regional Counsel under section 27.511....

...NOTES [1] Effective October 1, 2007, Regional Counsel has primary responsibility for persons entitled to court-appointed counsel in civil proceedings, including proceedings under section 393.12 and Chapters 39, 390, 392, 397, 415, 743, 744, and 984, Florida Statutes. See § 27.511(6)(a), Fla....

...ases in which the public defender has a conflict." Crist v. Fla. Ass'n of Criminal Def. Lawyers, Inc., 978 So.2d 134, 137 (Fla.2008). To this end, chapter 2007-62 established five Offices of Criminal Conflict and Civil Regional Counsel (the OCCCRC). § 27.511(1), Fla....

...n other matters. § 27.51(1); Crist, 978 So.2d at 138. If the public defender is unable to represent an indigent person because of a conflict of interest, the new system requires that the OCCCRC be appointed to provide legal services to that person. § 27.511(5); Crist, 978 So.2d at 138....

...ivil proceedings. See § 27.51(1), Fla. Stat. (2007). However, in those cases where the public defender has a conflict of interest, the Legislature provided for the appointment of the Office of Criminal Conflict and Civil Regional Counsel (RCC). See § 27.511(5), Fla....

...scriptive provision. [8] General statements of legislative intent have little power to change substantive directives stated plainly in the same statute which may seem at odds with the general intent. RCC omits mentioning the dispositive provision in § 27.511(8), which states: "If the public defender certifies to the court that the public defender has a conflict consistent with the criteria prescribed in s. 27.5303 and moves to withdraw, the regional counsel shall handle the appeal, unless the regional counsel has a conflict, in which case the court shall appoint private counsel pursuant to s. 27.40." [e.s.] § 27.511(8), Fla....

...supporting his argument that in spite of the clear appellate provision, § 27.5303(1)(a) nevertheless also authorizes factual inquiries when the appellate PD certifies conflict. Given the difference in text of the separate statutes, we conclude that § 27.511(8) is meant to control in the appellate court when multiple defendants are involved in appeals after a trial court has found a conflict....

...In this regard, the professionalism of both offices commends the lawyers who serve these important functions in the system of justice. For the above reasons, we grant the PD's motion for leave to withdraw by separate order and direct that the RCC "shall handle the appeal." § 27.511(8), Fla....

...so advised. Orders accordingly. GROSS, C.J., and STEVENSON, J., concur. NOTES [1] Mayfield v. State, No. 4D08-1608, filed April 17, 2008, open and pending. [2] Actually his full title is "Criminal Conflict and Civil Regional Counsel, Fourth Region." § 27.511(1), Fla....

...the authority for the appointment in question does not mention any such prerequisite." 384 So.2d at 149 (quoting Dade County v. Baker, 362 So.2d 151, 158 (Fla. 3d DCA 1978) (Hubbart, J., dissenting)). [8] See Ch. 2007-62, § 31, Laws of Fla. [9] See § 27.511(8), Fla....

...efenders' and state attorneys' offices...." Art. V, § 14(c), Fla. Const. In 2007, the Legislature approved Chapter 2007-62, Laws of Florida, which established the Office of Criminal Conflict and Civil Regional Counsel ("Regional Conflict Counsel"). § 27.511, Fla....

...R.L.A., 712 So.2d 4, 4 (Fla. 2d DCA 1998) (holding that, under a former provision in chapter 63, “an indigent legal parent is entitled to appointed counsel in an adoption proceeding that involves the involuntary termination of his or. her parental rights”); see also § 27.511(6)(a), Fla....

...2d 4, 4 (Fla. 2d DCA 1998) (holding that, under a former provision in chapter 63, "an indigent legal parent is entitled to appointed counsel in an adoption proceeding that involves the involuntary termination of his or her parental rights"); see also § 27.511(6)(a), Fla....

...The court examined the creation of the Office of Regional Counsel and the duties set forth in the enabling statute. The court recognized that Regional Counsel's "authority to represent criminal defendants in post-conviction proceedings is not set forth as an assigned duty in section 27.511(5), Florida Statutes (2008)." Id....