13: How Florida Disregards the Right to Counsel w/Rex Dimmig

Published: March 16, 2022, 10 a.m.

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.

\xa0

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.

\xa0

Without glossing over the weaknesses of the system, you\u2019ll hear how asking for an attorney may eventually lead to you losing the right to vote, a shortage of investigators\xa0 and staff, and an increasing number of ways the state makes you pay for a "free" attorney.

\xa0

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

\xa0

Key Topics and Takeaways:

\xa0

  • Rex\u2019s 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\u2019s failure in reducing recidivism.\xa0

\xa0

Guest:

\xa0

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

\xa0

Resources:

\xa0

Florida Public Defender Association\xa0

\xa0

\u201cDespite Common Belief, Floridians Can't Always Get a Free Public Defender.\u201d

\xa0

\u201cProsecutors, Public Defenders Face Case Backlogs and Smaller Budgets.\u201d - The Florida Bar, August 11, 2020

\xa0

Memorable Quotes:

\xa0

\u201cWe\u2019re generally satisfied with the distribution of resources, we\u2019re not at all satisfied with the quantity of resources that we are given.\u201d (8:34, Rex)

\xa0

\u201cI 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.\u201d (21:10, Rex)

\xa0

\u201cNext to funding, independence is one of the hardest things to establish and the hardest thing to maintain of any public defender system.\u201d (23:06, Hunter)

\xa0

\u201cThere\u2019s 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.\u201d (34:55, Rex)

\xa0

\u201cIn the effort to make sure that the worst perpetrators are punished, we create such a sweepingly aggressive punishment system that those who probably shouldn\u2019t be given similar results in their life are then straddled with it.\u201d (44:34, Hunter)

\xa0

\u201cWhat the goal of the criminal justice system has to be is to change people\u2019s unlawful conduct. If that\u2019s not the goal of your system, then locking somebody up, all that does is guarantee that once they\u2019re back out, they\u2019re going to re-offend.\u201d (52:44, Rex)