Florida Statute 27.5303 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 27.5303

Total Results: 17

Kimberly Jordan v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-27T00:53:00-07:00

Snippet: hearing on the motion to withdraw under section 27.5303, Florida Statutes. That provision governs conflicts…responsibilities to the public defender and the court. § 27.5303(1)(e), Fla. Stat. (“In determining whether or not…Standards for Use in Conflict of Interest Cases.”); § 27.5303(1)(a), Fla. Stat. (“The court shall deny the motion…steps to explore alternatives to withdrawal. § 27.5303(1)(e)1., Fla. Stat. (“[T]he public defender . .

JON W. HAY v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-21T00:53:00-07:00

Snippet: transcripts of the hearings in this case. See § 27.5303(1)(a), Fla. Stat. (2020); Young v. State, 189

Brower v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-25T00:00:00-07:00

Citation: 267 So. 3d 524

Snippet: withdraw. The motion was filed pursuant to section 27.5303, Florida Statutes (2018), and asserted a conflict… motion to withdraw in compliance with section 27.5303, certifying a conflict of interest and explaining…2016) ; Smith , 156 So.3d at 1126. While section 27.5303 permits the trial court to inquire as to the nature…permitted to inquire into confidential matters. § 27.5303(1)(a), Fla. Stat. (2018). Even though the exact

Brower v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-25T00:00:00-07:00

Citation: 267 So. 3d 524

Leake v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-30T00:00:00-08:00

Citation: 207 So. 3d 343, 2016 Fla. App. LEXIS 17705

Snippet: of an attorney in a criminal case under section 27.5303, Florida Statutes (2016), and the Rules Regulating

Young v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-30T00:00:00-07:00

Citation: 189 So. 3d 956, 2016 Fla. App. LEXIS 4846, 2016 WL 1238597

Snippet: privileged, information in contravention of section 27.5303(l)(a), Florida Statutes (2015), and denied counsel… Ward, 753 So.2d at 708). Section 27.5303 entitled, “Public defenders; criminal conflict …move the court to appoint other counsel. § 27.5303(l)(a). The statute then directs that the “court…). Based on the plain language of section 27.5303(l)(a), the purpose of a trial court’s inquiry is…facts giving rise to the conflict of interest. § 27.5303(l)(a). Given this statute’s express limitation

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-17T00:00:00-08:00

Citation: 156 So. 3d 1119, 2015 WL 659564

Snippet: prejudicial to the indigent client. Fla. Stat. § 27.5303(1)(a) (2014) (emphasis added). In the instant petitions… the burden on that office beyond what section 27.5303(l)(a) requires, by undermining the portion of that…991 So.2d 971, 972 (Fla. 1st DCA 2008). “Section 27.5303(1)(a) requires denial of a legally sufficient motion…indigent client.’ ” Id. at 975 (quoting Fla. Stat. § 27.5303(1)(a) (2006)) (footnote omitted) (emphasis added…factual representations at face value” under section 27.5303, and may conduct an evidentiary hearing into the

Dane P. Abdool v. Pam Bondi, etc.

Court: Fla. | Date Filed: 2014-06-12T00:00:00-07:00

Citation: 141 So. 3d 529, 39 Fla. L. Weekly Supp. 421, 2014 WL 2609154, 2014 Fla. LEXIS 1887

Snippet: determining that section 27.5303(1)(a) 7. In relevant part, section 27.5303(1)(a), Florida Statutes…Johnson, we addressed the issue of whether sections 27.5303(1)(a)7 and 27.511(8), 8 Florida Statutes (2008…not prejudicial to the indigent client. . . . § 27.5303(1)(a), Fla. Stat. (2008). 8. In relevant… consistent with the criteria prescribed in s. 27.5303 and moves to withdraw, the regional counsel shall… not contain the limiting language of section 27.5303(1)(a), which explicitly protects confidential

Public Defender, Eleventh Judicial Circuit of Florida v. State

Court: Fla. | Date Filed: 2013-05-23T00:00:00-07:00

Citation: 115 So. 3d 261, 38 Fla. L. Weekly Supp. 339, 2013 WL 2248965, 2013 Fla. LEXIS 1038

Snippet: of Section 27.5303(l)(d) The initial issue that we must address is whether section 27.5303(l)(d) is even…dictates of section 27.5303. However, as discussed in more detail below, section 27.5303 should not be interpreted…Section 27.5303 We next address the standard for reviewing motions to withdraw under section 27.5303. In …be of great public importance: Whether section 27.5303(l)(d), Florida Statutes (2007), which prohibits…ruling, the Third District concluded that section 27.5303 was applicable in this case because there is no

Babb v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-13T00:00:00-07:00

Citation: 92 So. 3d 281, 2012 WL 2864405, 2012 Fla. App. LEXIS 11404

Snippet: on three Florida Statutes: section 27.51(5)(a), 27.5303(4)(b) and 27.5304(5)(b), all of which are legislative

Johnson v. State

Court: Fla. | Date Filed: 2012-01-05T00:00:00-08:00

Citation: 78 So. 3d 1305, 37 Fla. L. Weekly Supp. 1, 2012 Fla. LEXIS 22, 2012 WL 16692

Snippet: Fourth District further concluded that section 27.5303(l)(a), Florida Statutes (2008), only authorizes…district court relied on the fact that section 27.5303(l)(a), which gave the Justice Administrative Commission…interpretation of the application of sections 27.511(8) and 27.5303(l)(a) and whether RCC has standing to challenge…registry. § 27.40(2), Fla. Stat. (2008).1 Section 27.5303, which addresses conflicts of interest by the public…Services Advisory Board dated January 6, 2004.” § 27.5303(l)(e), Fla. Stat. (2008). The Uniform Standards

State v. Bowens

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-07T00:00:00-07:00

Citation: 39 So. 3d 479, 2010 Fla. App. LEXIS 9851, 2010 WL 2670839

Snippet: the Public Defender’s motion to declare section 27.5303(l)(d), Florida Statutes (2007), unconstitutional… challenge to the constitutionality of section 27.5303(l)(d), Florida Statutes (2007). The Public Defender… PD11 and Kolsky also moved to declare section 27.5303(1)(d), Florida Statutes (2007) to be unconstitutional…defeated by the plain language of the statute. § 27.5303(l)(a) and (d), Fla. Stat. (2007). Id. at 805. (…emphasis added). The pertinent subsections of section 27.5303(1) provide: (l)(a) If, at any time during the representation

State v. PUB. DEFENDER, ELEVENTH JUD. CIR.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-13T00:53:00-07:00

Citation: 12 So. 3d 798

Snippet: regional counsel." ß 27.5303(1)(d), Fla. Stat. (2007). Within section 27.5303, the Legislature provided…must be made on an individual basis. C. Section 27.5303, Florida Statutes (2007) In 1990, the Florida Supreme…legislature promulgated, and in 2007 amended, section 27.5303, which permits assistant public defenders to withdraw…representation based on a conflict of interest. ß 27.5303(1)(a), Fla. Stat. (2007). If, at any time during…Services Advisory Board dated January 6, 2004. ß 27.5303(1)(e), Fla. Stat. (2007). The only conflicts addressed

State v. Public Defender, Eleventh Judicial Circuit

Court: Fla. Dist. Ct. App. | Date Filed: 2009-05-13T00:00:00-07:00

Citation: 12 So. 3d 798, 2009 Fla. App. LEXIS 4463, 2009 WL 1311014

Snippet: or regional counsel.” § 27.5303(l)(d), Fla. Stat. (2007). Within section 27.5303, the Legislature provided…must be made on an individual basis. C. Section 27.5303, Florida Statutes (2007) In 1990, the Florida …legislature promulgated, and in 2007 amended, section 27.5303, which permits assistant public defenders to withdraw…representation based on a conflict of interest. § 27.5303(l)(a), Fla. Stat. (2007). If, at any time during…Services Advisory Board dated January 6, 2004. § 27.5303(l)(e), Fla. Stat. (2007). The only conflicts addressed

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2009-03-18T00:00:00-07:00

Citation: 6 So. 3d 1262, 2009 Fla. App. LEXIS 2212, 2009 WL 690989

Snippet: statutes, the Legislature had enacted § 27.5303.[12] Subsection 27.5303(1)(a) then contained the following … consistent with the criteria prescribed in s. 27.5303 and moves to withdraw, the regional counsel shall… PD's assertion that a conflict exists. § 27.5303(1)(a), Fla. Stat. (2008) ("The court shall…that in spite of the clear appellate provision, § 27.5303(1)(a) nevertheless also authorizes factual inquiries…attorneys to represent the accused." [e.s.] § 27.5303(1)(a), Fla. Stat. (2003). But in the subsequent

Scott v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-22T00:53:00-07:00

Citation: 991 So. 2d 971

Snippet: Although the rule was once otherwise,[3] section 27.5303, Florida Statutes (2006), now permits a trial court…not prejudicial to the indigent client. *974 § 27.5303(1)(a), Fla. Stat. (2006). Under the statute, the…'s ability to learn all the facts. Section 27.5303(1)(a) requires denial of a legally sufficient motion…not prejudicial to the indigent client." § 27.5303(1)(a), Fla. Stat. (2006). *975 See generally Fed.R.Crim.P…grounds for withdrawal are insufficient." § 27.5303(1)(a), Fla. Stat. (2006). But the trial judge did

Snelgrove v. State

Court: Fla. | Date Filed: 2005-11-09T23:53:00-08:00

Citation: 921 So. 2d 560

Snippet: interest existed, is no longer good law. Section 27.5303(1)(a), Florida Statutes (2004), now allows the …conflict is not prejudicial to the indigent client. § 27.5303(1)(a), Fla. Stat. (2004); see also Valle v. State