I started my legal career at the Public Defender's Office in Tampa, first as a Certified Legal Intern and then as an Assistant Public Defender. People sometimes ask whether a public defender is a "real lawyer." The answer is an emphatic yes.
A right that started in Florida
The right to appointed counsel in felony cases traces back to Gideon v. Wainwright, a 1963 U.S. Supreme Court case brought by Clarence Earl Gideon, a man prosecuted in Panama City, Florida. He wrote his petition to the Supreme Court by hand from prison. The Court held that people accused of serious crimes who can't afford a lawyer must be provided one.
How Florida's system is organized
Florida has an elected Public Defender in each of its 20 judicial circuits. In Hillsborough County, that's the Thirteenth Judicial Circuit. Each Public Defender runs an office of assistant public defenders, investigators, social workers and support staff.
Who public defenders are
- Licensed attorneys. Every assistant public defender is a member of The Florida Bar.
- Trial lawyers. Because of their caseloads, many public defenders spend more time in courtrooms than lawyers in almost any other practice.
- Specialists. Offices often have divisions for misdemeanors, felonies, juvenile cases, and major crimes.
What they do day to day
- Meet with clients, often first at the jail or at First Appearance
- Investigate facts and review evidence the State discloses
- Research legal issues and file motions, including motions to suppress or dismiss
- Negotiate with prosecutors
- Try cases in front of judges and juries
How to get a public defender
In Florida, a person asks for appointed counsel and fills out an application of indigent status, which is usually handled by the Clerk of Court. The clerk reviews income, assets and household size to decide whether the person qualifies. There is a modest application fee set by statute, and it can sometimes be deferred or later added to court costs.
Good to know
- The judge can appoint a public defender at First Appearance, even before paperwork is complete.
- If you don't qualify, the court may still appoint counsel in some circumstances, or you may need to hire a private attorney.
- Conflicts happen. If the Public Defender can't represent someone (for example, because they represent a co-defendant), another appointed lawyer steps in.
A word of gratitude
The public defenders I worked with were some of the hardest-working, most compassionate lawyers I know. If you're assigned one, you're getting a lawyer who has likely seen hundreds of cases like yours.
The takeaway
If you're charged with a crime and can't afford a lawyer, ask for the public defender. It's your right, and it's a right that began with a Floridian and a handwritten letter.