From Gideon to Argersinger, much of the legal framework for the public defense came about because of the flaws in Florida public defender system. As one of the only places in the country with elected public defenders, it offers up several quirks that should worry people about the status of public defense in the state.

 

Today, I speak about this complicated system with Rex Dimmig, Chief Public Defender of the Florida 10th Judicial District and President of the Florida Public Defender Association.

 

Without glossing over the weaknesses of the system, you’ll hear how asking for an attorney may eventually lead to you losing the right to vote, a shortage of investigators  and staff, and an increasing number of ways the state makes you pay for a "free" attorney.

 

Rex gives you a behind-the-scenes glimpse of the Florida criminal justice system while stressing the importance of independence.

 

Key Topics and Takeaways:

 

• Rex’s background and role in the Florida indigent system. [4:37]
• How a shortage of resources has created a crisis. [9:09]
• Efforts to improve Florida public defense. [13:20]
• Why Florida has elected public defenders. [20:11]
• The problems of a fee-based model. [25:09]
• Exploring the 6th amendment. [36:16]
• What is contributing to the low levels of representation in the state of Florida. [45:00]
• Florida’s failure in reducing recidivism. 

 

Guest:

 

Rex Dimming, Chief Public Defender Florida 10th Judicial District & President of Florida Public Defender Association

 

Resources:

 

Florida Public Defender Association 

 

“Despite Common Belief, Floridians Can't Always Get a Free Public Defender.”

 

“Prosecutors, Public Defenders Face Case Backlogs and Smaller Budgets.” - The Florida Bar, August 11, 2020

 

Memorable Quotes:

 

“We’re generally satisfied with the distribution of resources, we’re not at all satisfied with the quantity of resources that we are given.” (8:34, Rex)

 

“I understand the concern that particularly in this hyper-partisan era, why some people might have some reservations about the elected process. All I can tell you is here in Florida. We haven't had that problem. The people who run for public defender are folks who are truly dedicated to the cause of indigent criminal defense.” (21:10, Rex)

 

“Next to funding, independence is one of the hardest things to establish and the hardest thing to maintain of any public defender system.” (23:06, Hunter)

 

“There’s got to be a serious exploration of ways to increase revenue that are not dependent upon user fees that are just never going to be paid in substantial numbers.” (34:55, Rex)

 

“In the effort to make sure that the worst perpetrators are punished, we create such a sweepingly aggressive punishment system that those who probably shouldn’t be given similar results in their life are then straddled with it.” (44:34, Hunter)

 

“What the goal of the criminal justice system has to be is to change people’s unlawful conduct. If that’s not the goal of your system, then locking somebody up, all that does is guarantee that once they’re back out, they’re going to re-offend.” (52:44, Rex)