Your Public Trustee: Public defenders

Q. How can I get the Public Defender appointed to represent me in my criminal case?

A. The timing of your question is good because the law changes on July 1. Florida Statute 27.52 requires the Clerk of the Court to determine indigent status for a person applying for appointment of a public defender. I can only assume our Legislature has determined that the public defender is being appointed without much inquiry. As chair of the Best Practices committee of the Florida Association of Court Clerks, I have been very active in ensuring all clerks throughout the state are prepared for the July 1 changes.

Any time you request the services of the public defender’s office, you will be required to complete an application form, and a Deputy Clerk can provide assistance if requested. The form is one page and asks, among other things, for information on your dependents, income, assets and liabilities. You will also be asked if you have equity in motor vehicles or boats and real estate. Equity means the value minus loans.

The determination of indigence shall be a ministerial act by the Clerk, and shall compare the information provided on the form to the standard of indigence established by law, which is:

* income of the applicant is equal to or below 200 percent of poverty guidelines;

* applicant is receiving temporary assistance for needy families-cash assistance, or;

* applicant is receiving poverty-related veterans’ benefits; or

* applicant is receiving supplemental security income (SSI);

AND

* the applicant does not own, or have equity in any intangible or tangible property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more, excluding the value of the person’s homestead and one vehicle having a net value not exceeding $5,000.

The new law requires the Clerk to conduct a review of the property records for the county in which the applicant resides and the motor vehicle title records of the state to identify any property interests of the applicant. This review will be useful in determining indigence, but it is creating additional work for my office. The review can’t be conducted in open court sessions.

If you request the public defender during court, in the interest of time, a provisional appointment may be made by the judge pending the Clerk’s review. Please be aware there is a $50 application fee due at the time the application is filed or within seven days thereafter. This money is remitted to the state each month with the clerk retaining a mere 2 percent for the administrative duties performed.

If you have any questions or comments about this column, please forward them to: Marcia Johnson, Clerk of the Court, 33 Market Street, Ste. 203, Apalachicola, FL, 32320, or by email to: mmjohnson@franklinclerk.com. Visit the Clerk’s website at www.franklinclerk.com.