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FLORIDA NEWS ARCHIVE - LAWYER ETHICS, Withdrawal

Court erred in denying motion to withdraw because Office of Criminal Conflict and Civil Regional Counsel not subject to appointment for indigent defendants in postconviction case.  [Added 4/26/10]

    The Office of Criminal Conflict and Civil Regional Counsel for the Second District ("Regional Counsel") moved to withdraw from two cases in which it had been appointed to represent indigent defendants in postconviction cases.  The trial court denied the motions.  Seeking to have the orders quashed, Regional Counsel petitioned the Second DCA for a writ of certiorari.

    The appellate court quashed the orders.  It agreed with the First District and the Fifth District that Regional Counsel is not subject to appointment to represent indigent defendants in postconviction proceedings.  See Deen v. Wilson, 1 So.3d 1179 (Fla. 5th DCA 2009) and Office of Criminal Conflict and Civil Regional Counsel, First District, 19 So.3d 447 (Fla. 1st DCA 2009).  "In Deen, 1 So. 3d 1179, the Fifth District considered orders in four trial court cases that had appointed Regional Counsel to represent defendants in postconviction proceedings and had denied Regional Counsel's motions to withdraw.  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. at 1182.  It determined that the postconviction court's orders 'assigned new duties to Regional Counsel beyond those established by the Legislature,' and that Regional Counsel's appointment constituted a departure from the essential requirements of law.  Id. at 1183."  Office of Criminal Conflict and Civil Regional Counsel, Second District v. Smith, 33 So.3d 105 (Fla. 2d DCA 2010).

 

Lawyer appointed from "Involuntary Appointment List" to represent defendant in complex RICO prosecution should have been permitted to withdraw.  [Added 8/18/09]  --  Hagopian v. Justice Administrative Commission, 18 So.3d 625 (Fla. 2d DCA 2009).

 

Third DCA reverses circuit order permitting Public Defender's Office to decline representation in all future 3rd-degree felony cases.  [Added 5/15/09]  --  State v. Public Defender, Eleventh Judicial Circuit, 12 So.3d 798 (Fla. 3d DCA 2009).

 

Law firm's effort to withdraw from case in response to motion to disqualify may not remedy problem.  [Added 4/2/09]  --  Lewis v. Nical of Palm Beach, Inc., 10 So.3d 159 (Fla. 4th DCA 2009).

 

Regional Conflict Counsel has no standing to object to Public Defender's motion to withdraw from a case on conflict grounds.  [Added 3/20/09]  --  Johnson v. State, 6 So.3d 1262 (Fla. 4th DCA 2009).

 

Lawyer who withdrew from contingent fee case for health reasons may not have forfeited his right to fee.  [Added 11/1/07]  --  Collier v. Bohnet, 966 So.2d 1033 (Fla. 4th DCA 2007).

 

Defense counsel's "nodding acquaintance" with key state witness was not conflict of interest requiring counsel's withdrawal; defense counsel did not err in failing to withdraw; RPC 4-3.5(d)(4) constitutional.  [Added 10/17/07]  --  Kormondy v. State, 983 So.2d 418 (Fla. 2007).

 

Second DCA outlines procedure for lawyers to follow when withdrawing from or appearing in cases already on appeal.  In re P.G., 944 So.2d 443 (Fla. 2d DCA 2006).  NOTE:  See also S.H. v. Department of Children and Family Services, 955 So.2d 610 (Fla. 5th DCA 2007).

 

Client's absence from defense counsel's ex parte disclosure to court of counsel's concerns about his ability to be effective (due to anticipated bar complaint and client perjury) violated client's due process rights.  Frett v. State, 864 So.2d 577 (Fla. 2d DCA 2004).

 

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