State v. D.V.S.
Docket: No. 93-4
Court: District Court of Appeal of Florida; May 21, 1993; Florida; State Appellate Court
The state petitions for a writ of certiorari to review a trial court order appointing the Office of the Public Defender to represent a juvenile respondent in a delinquency appeal. The state argues that the trial court did not follow essential legal requirements by appointing the public defender without an affidavit of indigency from the child's father and without assessing the probable expenses of defense. Under Section 39.041(1), Florida Statutes (1991), a court must appoint counsel if the child and their parents are indigent. Section 27.52(1) mandates that a claim of indigency requires an affidavit, detailing specific financial information as per Section 27.52(2). This section also establishes criteria that create a presumption of non-indigency, such as the defendant's income and assets. Additionally, the court must evaluate the probable expenses and burdens of defense, along with other financial circumstances. In this case, while the juvenile and mother submitted affidavits of insolvency, there was no affidavit from the father or evidence that he refused to provide legal services. Thus, the trial court failed to adhere to necessary statutory criteria in appointing the public defender. As a result, the petition for writ of certiorari is granted, the order appointing the public defender is quashed, and the case is remanded for proper consideration of indigency factors. The decision is concurred by Judges W. Sharp and Diamantis.