Florida Supreme Court – PD’s limited funding may present conflict of interest

Florida Supreme Court – PD’s limited funding may present conflict of interest

The answer to the question posed by the Miami-Dade Public Defender is YES, constitutional as applied but with a proper showing representation may be declined. – GWC

“Whether section 27.5303(1)(d), Florida Statutes (2007), which prohibits a trial court from granting a motion for withdrawal by a public defender based on “conflicts arising from underfunding, excessive caseload or the prospective inability to adequately represent a client,” is unconstitutional as a violation of an indigent client’s right to effective assistance of counsel and access to the courts, and a violation of the separation of powers mandated by Article II, section 3 of the Florida Constitution as legislative interference with the  judiciary’s inherent authority to provide counsel and the Supreme Court’s exclusive control over the ethical rules governing lawyer conflicts of interest?” [emph. added]

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