OPPAGA Government Program Summary

Justice Administrative Commission

Criminal Conflict and Civil Regional Counsels

What is the purpose of the criminal conflict and civil regional counsels?

In 2007, the Florida Legislature created a system of regional court-appointed counsel to represent indigent defendants in three types of cases: criminal cases in which the public defender has a conflict, dependency and civil cases, and certain statutorily authorized civil commitment proceedings. The regional counsels also handle appeals and post conviction motions.

The Legislature's intent is to provide adequate representation in a fiscally sound manner, while safeguarding constitutional principles.

How is the program structured?

There are five Offices of Criminal Conflict and Civil Regional Counsel, which coincide with the geographic boundaries of the five District Courts of Appeal. Each office is headed by a Regional Counsel who is appointed to a four-year term by the Governor from a list of two to five qualified candidates provided by the Supreme Court Judicial Nominating Commission and the current Regional Counsel.

How are the regional counsels appointed?

When the public defender determines there is a conflict of interest, a judge shall appoint the Office of Criminal Conflict and Civil Regional Counsel to represent any indigent defendant who is under arrest for or charged with a felony, a misdemeanor authorized for prosecution by the state attorney, a violation of the State Uniform Traffic Control Act punishable by imprisonment, criminal contempt, or a violation of a special law or county or municipal ordinance ancillary to a state charge.

Criminal conflict and civil regional counsel also has responsibility for persons entitled to court-appointed counsel under the federal or state Constitution or as authorized by general law in civil proceedings, such as proceedings to terminate parental rights.