So, KC has officially been declared indigent and is looking for the taxpayer's to foot the bill for her defense from here on in. Why would that have to be? In the latest news for today it's said that someone from another Florida county wrote to Judge Strickland asking him to appoint the public defender to KC's case. Isn't that the smarter option?
She was declared indigent regarding COSTS, not FEES, and it's the Clerk of the Court that made the initial determination. Her *costs* are likely to be the same regardless of which attorney requests that they be incurred. The public defender would also be taking depositions, requesting experts, etc. because these are "due process services" per the statute.
Fla. stat. 27.52:
[SIZE=-1]A person who is eligible to be represented by a public defender under s. 27.51 but who is represented by private counsel not appointed by the court for a reasonable fee as approved by the court, on a pro bono basis, or who is proceeding pro se, may move the court for a determination that he or she is indigent for costs and eligible for the provision of due process services, as prescribed by ss. 29.006 and 29.007, funded by the state.
Here are pertinent parts of 29.006 and 29.007:
[/SIZE]
29.006 Indigent defense costs.—For purposes of implementing s. 14, Art. V of the State Constitution, the elements of the public defenders' offices and criminal conflict and civil regional counsel offices to be provided from state revenues appropriated by general law are as follows:
<snip>(2) Reasonable court reporting and transcription services necessary to meet constitutional or statutory requirements, including the cost of transcribing and copying depositions of witnesses and the cost of foreign language and sign-language interpreters and translators.
(3) Witnesses, including expert witnesses, summoned to appear for an investigation, preliminary hearing, or trial in a case when the witnesses are summoned on behalf of an indigent defendant, and any other expert witnesses required in a court hearing by law or whomever the public defender or regional counsel deems necessary for the performance of his or her duties.
(4) Mental health professionals appointed pursuant to s.
394.473 and required in a court hearing involving an indigent, and mental health professionals appointed pursuant to s.
916.115(2) and required in a court hearing involving an indigent.
(5) Reasonable transportation services in the performance of constitutional and statutory responsibilities. Motor vehicles owned by counties and provided exclusively to public defenders as of July 1, 2003, and any additional vehicles owned by the counties and provided exclusively to public defenders during fiscal year 2003-2004 shall be transferred by title to the state effective July 1, 2004.
(6) Travel expenses reimbursable under s.
112.061 reasonably necessary in the performance of constitutional and statutory responsibilities.
(7) Reasonable library and electronic legal research services, other than a public law library.
(8) Reasonable pretrial consultation fees and costs.
Also take note of this provision of Fla. stat. 29.007:
"
[SIZE=-1]In each case in which a private attorney represents a person determined by the court to be indigent for costs, the attorney shall execute the commission's contract for private attorneys representing persons determined to be indigent for costs."[/SIZE]
