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Court Appointment of Outside or Private Counsel: Implementation of Relevant Statutory Authority, Procedure, and Related County Costs

NCJ Number
150536
Date Published
1994
Length
39 pages
Annotation
This research responds to a Florida legislative mandate to determine the extent to which public defenders move the court to have outside or private counsel appointed when they cannot represent an indigent due to a conflict or an overload.
Abstract
In addition, the research reviews the cost to counties for paying for court-appointed attorneys. It then reviews the extent to which courts are imposing liens on guilty defendants and how much was collected by counties to offset the cost of paying for court-appointed attorneys. Based on the findings, the report recommends that the Florida Legislature provide at least a partial reimbursement to counties based on the projected costs associated with court- appointed attorneys for fiscal year 1993-94. It also recommends that subsequent annual reimbursements be dependent on counties following the statutory criteria outlined in section 925.037 or a suitable replacement. A third recommendation is that the legislature consider extending the statutory authority for imposing liens. Also, the Advisory Council on Intergovernmental Relations should conduct a case study in at least two judicial circuits to determine the effectiveness of implementing a lien collection program. This should help determine the cost benefit of having such a program. Appended supplementary information