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Court won't make minors consult lawyer
Associated Press
Published January 28, 2005
TALLAHASSEE - Minors who get in trouble with the law can continue to waive their constitutional right to an attorney without first talking it over with a lawyer, the state Supreme Court ruled Thursday.
After the Florida Bar Commission on the Legal Needs of Children said that a "disturbing" number of minors who land before a judge are waiving their right to counsel, the Bar asked the high court to require that any juvenile facing delinquency charges talk to an attorney before waiving the right to counsel, to be certain of the possible consequences.
In Thursday's 5-2 decision, the court said it would not take that step now. Instead, it urged the Legislature to pass a law making such a change.
In some parts of the state the percentage of youths without lawyers is as high as 75 percent, according to the court.
The problem with approving a rule, Chief Justice Barbara Pariente wrote for the court, is one of money.
"Although we believe that consultation with an attorney prior to waiving counsel is an important additional safeguard designed to protect a juvenile's constitutional right to counsel, we are also mindful of the potential financial impact of this requirement," Pariente wrote.
In a separate opinion, Justice R. Fred Lewis criticized the majority decision, saying it "pays only lip service to protecting children."
Orlando attorney Gerard Glynn made the argument for the requirement on behalf of the Bar's Rules Committee.
Far too many children waive their right to an attorney because their parents or guardians fear the expense, Glynn said Thursday.
Glynn said he thought the Supreme Court was trying to appease lawmakers, who are often critical of rulings and carefully guard their power to decide how money is spent.
State Sen. Victor Crist, a Tampa Republican who will oversee the criminal justice budget in the state Senate, said the idea sounded like a good one but said "it's late in the game" for the Legislature to be able to act on it in the 60-day session that begins in March.
[Last modified January 28, 2005, 00:20:16]
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