General Information

The Florida Constitution provides for an Office of the Public Defender in each of the twenty (20) judicial circuits in the State of Florida. Each Public Defender's Office is headed by a Public Defender who is an elected state constitutional officer. The Public Defender is elected to serve a four-year term and must be an attorney licensed by the Florida Bar. The other attorneys in the office must also be members of the Florida Bar and are called Assistant Public Defenders.

The Tenth Judicial Circuit of Florida consists of Polk, Highlands, and Hardee Counties. The Public Defender is J. Marion Moorman.

The Office of the Public Defender represents indigent people charged with crimes and those who may otherwise be in jeopardy of losing their liberty. The Public Defender represents those people who are facing involuntary civil commitment because of a mental illness, abnormality or personality disorder. The Public Defender represents juveniles as well as adults.

In addition to their responsibilities at the trial court level, some Public Defender Offices also have appellate duties. Florida law provides that five (5) Public Defender Offices, one for each of Florida's five appellate districts, will provide appellate services. The Office of the Public Defender for the Tenth Judicial Circuit of Florida provides appellate services for the Second District Court of Appeal, which consists of fourteen (14) counties in west-central Florida.

Only a judge can appoint the Public Defender to represent someone. Before appointing the Public Defender, the judge reviews the person's financial circumstances to determine that they are indigent.

The Public Defender has both a constitutional and an ethical duty to provide zealous legal representation to every client. While each case is unique, there are rules of procedure that apply to all felony and misdemeanor cases involving adult defendants, rules of procedure that apply to juvenile cases, and rules of procedure that apply to appellate cases. The following sections offer a description of the progress of a "typical" case through the criminal justice system.