Public defenders.

• Author: Holt, Julianne M.
• Position: Letters - Letter to the editor

Mr. Rhoden's letter (May) criticizes public defenders for failing to reduce their caseloads and collect fees from clients. He fails to acknowledge that the clerks of court, not the public defenders, are statutorily charged with determining indigency, and trial judges are charged with appointing the public defender to criminal cases. Public defenders do at times make motions to be removed from cases when we believe our clients are not indigent. See, e.g., Haughwout v. Mellor, 870 So. 2d 895 (Fla. 4th DCA 2004) (PD removed because defendant owned real property and had previously retained private counsel).

Similarly, the clerks are charged with collecting public defender fees, not public defenders. And public defenders do not have the authority to create collections courts; only the judiciary and local court administrators can create them. In...