About Our Office

Structure
Our Constitutional Responsibility
Mission & Vision
Our Commitment to Clients
History
History of Litigation and Advocacy

 

 

Structure

The Miami-Dade Public Defender’s Office handles approximately 75,000 cases each year, with approximately 10,000 cases open at any given time. It is divided into several major divisions concerning appellate review, felony litigation, juvenile delinquency litigation, misdemeanor and criminal traffic litigation. Office operations are divided into an executive office, business office, office-wide training, management information systems unit and several specialized litigation-related units: capital litigation, early representation, domestic representation, indefinite civil commitment, civil mental health, mitigation and placement and investigations.

The Public Defender is an elected official who has a constitutional duty to provide legal representation to persons in jeopardy of losing their liberty who cannot afford to hire a private attorney. To carry out his constitutional duty, the Public Defender is assisted by

Assistant Public Defenders

Mitigation and Placement Specialists

Investigators

Secretaries, receptionists and clerks

Paralegals and interviewers

Management information systems personnel

Budget and finance personnel

Administrative personnel

Law librarian

Volunteer attorneys

Law school, college and high school interns.

All Public Defender employees serve at the discretion of the Public Defender. The Public Defender is assisted by Executive Chief Assistant Public Defender for Administration Richard De Maria, Executive Chief Assistant Public Defender for Recruitment and Litigation Teresa Enriquez, General Counsel and Chief of the Felony Division Guy D. Robinson; Chief Assistant Public Defenders Marissa Altman Glatzer (County Court), Marie Osborne (Juvenile Court), Maria Lauredo (Appeals); Kevin Hellmann, Director of Training and Professionalism; LaEatrice McMurray, Director of Support Services, Diane Yanez, HR Director, and Esther Lew, Director of Finance and Accounting. The administrative team assists in the formulation and implementation of office policy.

Training and Professionalism
Kevin Hellmann, Director

The office enjoys a national reputation for excellence by setting the highest professional standards for recruiting and training attorneys and support staff. We have a nationwide recruitment program that emphasizes training and professional development.

The Training Director is responsible for recruiting volunteers and certified legal interns and training all staff, including Assistant Public Defenders (APDs). He also assigns and supervises certified and non-certified legal interns and coordinates the presentation of in-house seminars and training workshops. 

Our office keeps up with the latest developments in the legal and scientific fields and shares that knowledge with staff through a law library and a formal office-wide training program, considered one of the finest in the country. As part of our continuing legal education, we regularly hold in-house lectures and demonstrations and send our APDs to seminars and trial practice institutes around the nation.

The office makes available other learning opportunities to our APDs, mitigation and placement specialists and investigators by regularly convening lectures and demonstrations, many featuring speakers from outside the office.

Our formal attorney training program begins with
an intensive one-week schedule of lectures, demonstrations, and hands-on and interactive training for new lawyers and participants in our law-student intern program. The strength of our office is, in part, derived from the willingness of our APDs to share their knowledge and experience with new members of the staff. Most of our more experienced APDs have been instructors in the program.

For attorneys, the program continues with the assignment of an experienced trial lawyer, as a Training Attorney, to provide one-on-one assistance to the new lawyer. This supportive environment affords the new lawyer the opportunity to gain knowledge and develop skills at an advanced rate.

Yet, despite our impressive formal training program, perhaps our most effective training tool is the informal exchange that occurs among our attorneys, through discussions about their cases and the law. Our APDs share a strong commitment to providing quality representation to our clients.

The Automation Training Unit (ATU) trains employees and volunteers to use the information system. ATU develops training and reference materials to provide the resources necessary for optimizing efficiency. ATU has developed an extensive forms bank, including letters, memoranda, orders, motions and affidavits.

In short, while our APDs handle their own caseloads with a good deal of autonomy, we aim to provide the learning experiences and environment necessary for them to do so in a highly competent and professional manner.

 

Appellate Division
Maria Lauredo, Chief Assistant Public Defender

The Appellate Division handles appeals arising from felony, misdemeanor, juvenile and mental health cases of the Eleventh Judicial Circuit and County Court of Miami-Dade County, and the Sixteenth Judicial Circuit Court in Monroe County. The Appellate Division also handles direct capital appeals before the Supreme Court of Florida. In addition, the appellate attorneys file extraordinary writs where appropriate.

The APDs assigned to the Appellate Division primarily represent clients appealing their convictions and sentences. The appellate attorneys review the transcripts of trial court proceedings to identify and research possible legal errors that may have violated the client’s rights during pre-trial, trial or sentencing proceedings. The attorneys prepare written briefs and submit them to the state and federal appellate courts. They also present oral arguments to appellate judges.

 

Felony Division
Guy Robinson, Chief Assistant Public Defender

Senior Supervising Attorneys (SSAs):
Marjorie Alexis
Damaris Del Valle

Lauren Krasnoff
Michael Melinek
Carl Young
Sara Yousuf

 

The APDs in the Felony Division handle cases for which clients may be sentenced to more than one year in prison if convicted. These cases include capital offenses, such as murder, rape or robbery. For a description of the felony case process, click here

The Capital Litigation and Major Crimes attorneys handle the most serious felonies — those punishable by life imprisonment or death. In addition to handling individual case responsibilities, these highly-experienced trial attorneys mentor our newer APDs. 

The attorneys in our Felony Mental Health Unit represents clients found to be incompetent to proceed due to mental illness, incompetent to proceed due to mental retardation or not guilty by reason of insanity.

 

Felony Early Representation Unit
John Brandow, Senior Supervising Attorney

The Public Defender created the Early Representation Unit (ERU) to better serve clients between arrest and arraignment, reduce costs associated with pre-trial incarceration and begin critical case preparation.

This specialized unit intervenes early in the process by representing clients at their first appearance. The attorneys often argue for bond reductions, releases under the person’s own recognizance, release to Pre-trial Services (PTS), the PTS Monitored Release (electronic bracelet) Program or to the custody of a responsible family member.

During the course of this early representation, the APDs interview clients to begin preliminary investigation into defenses while also advising clients about upcoming matters. The APDs also review arrest forms, begin the case investigation and in appropriate cases ask prosecutors to drop charges based on testimony from witnesses, case law and other factors. This effort assists in having cases and/or counts not filed, reduced to misdemeanors, or reduced to lesser degree felony counts. Such early intervention also helps to identify clients with medical or mental health needs who require immediate attention, and in some cases, the staff refers clients to our Mitigation and Placement Unit.

The ERU promotes a more cost-effective and efficient judicial process and saves Miami-Dade County taxpayers in excess of $2 million a year.

 

Capital Litigation Unit (CLU)
Steven Yermish, Capital Litigation Unit Coordinator

The Capital Litigation Unit (CLU) provides competent, effective representation in the trial and sentencing phases of criminal cases in which the prosecution seeks the death penalty. 

Professional standards, including those of the American Bar Association and National Legal Aid and Defender Association, dictate the extraordinary preparation required for effective representation in death penalty cases. To implement those standards, CLU is directly or indirectly involved in all capital cases in the office.

 

Juvenile Division 
Marie Osborne, Chief Assistant Public Defender

The APDs in our Juvenile Division represent children under 18 years of age who are charged with committing a delinquent act, that is, an act that would be considered a criminal offense if done by an adult. For a description of the juvenile case process, click here

The juvenile delinquency laws are designed to protect the public by providing an individualized mix of discipline and treatment appropriate for the child. Such an approach is intended to help to re-integrate troubled children into society.

Our office works to ensure that each child’s rights are protected and that the government meets the child’s needs in a system intended to be "child-centered." To that end, the APDs, mitigation specialists and investigators not only prepare the defense of the case, but collaborate to identify and address each child’s unique needs.
 

County Court Division 
Marissa Altman Glatzer, Chief Assistant Public Defender
Robert Coppel, Senior Supervising Attorney (DRU)

The judges in County Court appoint the Public Defender to represent people charged with misdemeanor offenses who are not represented by private counsel and face the possibility of incarceration. For a description of the misdemeanor and criminal traffic case process, click here

Misdemeanors are crimes punishable by less than one year in jail. Misdemeanor offenses include prostitution, resisting arrest without violence, shoplifting, animal cruelty, trespassing and charges considered to be domestic violence offenses. Most criminal traffic offenses, such as driving under the influence and driving while license is suspended are also misdemeanors. For additional information about traffic violations, visit the Clerk of the Courts
website.

 

Domestic Representation Unit (DRU)

The APDs assigned to the Domestic Representation Unit represent people who are charged with misdemeanor crimes involving domestic violence in domestic violence court. Misdemeanor domestic violence offenses are assaults or batteries, stalking and violation of injunctions between husbands and wives, people who live together, romantic couples, or people who have a child together.

Under Florida law, domestic violence includes any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit.

The felony domestic violence cases are handled by our Felony Division.

 

Specialized Representation Division
Gale Lewis, Senior Supervising Attorney

The Specialized Representation Division is composed of:

  • Felony Mental Health
  • Drug Court
  • Civil Mental Health Unit
  • Indefinite Civil Commitment Unit
  • Juvenile Sentencing Advocacy Program


Felony Mental Health: 
The attorneys and paralegal assigned to the Felony Mental Health Unit (FMH) represent clients who have been found incompetent to proceed (ITP) or not guilty by reason of insanity (NGI). Prior to the finding of ITP or NGI our Felony Division attorneys represent these clients and FMH attorneys are available to consult on the mental health/legal issues. ITP and NGI clients may be committed to the Department of Children & Families (DCF) for treatment or training in a forensic state hospital or they may be conditionally released for treatment or training in the community. FMH attorneys represent ITP clients at hearings to determine whether they’ve regained competency to proceed; whether they continue to meet commitment criteria; whether they have violated a conditional release plan; or whether because of on-going incompetency the charges should be dismissed. The FMH attorneys represent NGI clients at hearings to determine whether they continue to meet commitment criteria; whether they have violated a conditional release plan; or whether the court should terminate jurisdiction because they no longer need court supervision. They also represent these clients at involuntary treatment hearings.

Drug Court: The Drug Court concept was pioneered in Miami-Dade County in response to the crack cocaine epidemic of the 1980's and the resulting explosion of drug cases. It was a collaboration between the Public Defender’s Office, State Attorney’s Office and the Court. Miami-Dade’s Drug Court is so successful it has been the model for establishing some 600 drug courts across the country and around the world. Rather than a traditional trial court, Drug Court may be more properly regarded as a treatment program. No one is adjudicated in Drug Court. If a person has no prior criminal history and successfully completes the program, his or her case is Nolle Prossed (an announcement that the State is no longer going to prosecute the case). If the person has a prior criminal history and successfully completes the program, he would receive a withhold-of-adjudication on the charges. Depending on the prior criminal history, the person may be eligible to have their record sealed or expunged.

Civil Mental Health Unit attorneys are responsible for protecting the liberty interests of clients subject to involuntary placement proceedings who are not facing a prison or jail sentence. However, the client faces the deprivation of his liberty by being held in a locked psychiatric hospital unit against his will.

The Public Defender established this innovative unit to safeguard the liberty interests of clients who suffer from mental illness or mental retardation. Dedicated, experienced attorneys, on long-term assignment, work in the division because these cases are complex and require specialized legal knowledge. Our APDs handle nearly all civil involuntary commitment and involuntary placement of persons with mental retardation cases within our jurisdiction, making sure that judicial hearings are prompt and that no one is held without due process and judicial review. These attorneys also try to ensure that their clients’ rights are protected while they are patients in mental health facilities.

The attorneys assigned to the Civil Mental Health Unit are also involved in community activities and projects. The Public Defender believes that educating the public on the rights of our clients is essential to properly representing them in court. Among other things, the attorneys in this division work with such groups as the Association for Retarded Citizens, the Advocacy Center for Persons With Disabilities, the local Florida Department of Children and Families’ Health and Human Services Board, the Florida Supreme Court Commission on Fairness, and the National Alliance for the Mentally Ill of Miami. The attorneys also give presentations on the Baker Act and patient's rights to legislators, physicians, social workers, medical students and other groups of professionals.

Indefinite Civil Commitment Unit: Florida law provides for the indefinite civil commitment of juveniles and adults who have served their sentences and who are classified as sexually violent predators. This law, commonly known as the Jimmy Ryce Act, authorizes judges to appoint the Public Defender to defend indigent people (respondents) that the State of Florida is seeking to commit for an extended period for care, treatment and control.

The Indefinite Civil Commitment Unit (ICCU) was formed to provide the necessary defense of individuals who qualify for confinement under the statute.

Juvenile Sentencing Advocacy Program (JSAP): In 1998, in response to the large number of juveniles transferred to adult court, over 1000 each year in Miami-Dade, the Public Defender established the Program (JSAP). Highly experienced attorneys are assigned to JSAP to represent clients “direct filed” to adult court. The JSAP attorneys also represents clients previously convicted when they were under 18, who are now eligible for relief under the Miller, Graham, and related court decisions.

 

Operational Support
Richard De Maria, Executive Assistant Public Defender

  • Mitigation and Placement Unit
  • Investigations Unit
  • Intake Interviewers Unit

Mitigation and Placement Unit
Katrina Munajj, Supervisor

Mitigation and Placement Specialists are part of the defense team that supports attorney representation of our clients, including the Juvenile Sentencing Advocacy Project. In many of the cases our office handles each year, the clients have substance abuse, mental, developmental and emotional problems that can be successfully treated if properly identified and addressed by effective programs.

The Mitigation and Placement Specialists conduct in-depth client interviews, assess client needs and interview relatives, school personnel and the staff of programs previously attended by the client. The disposition specialists can make referrals to psychologists, psychiatrists and other experts, develop and coordinate rehabilitative treatment plans, and prepare treatment and sentencing plans.

Our Mitigation and Placement Specialists identify and evaluate community programs and refer clients and their families to the most appropriate ones.

This comprehensive approach provides clients with treatment options and the opportunity to become productive, law-abiding citizens. Judges and prosecutors also benefit because they are provided with a more complete picture of the clients and sentencing alternatives that will benefit the community. Appropriate treatment reduces the likelihood that clients will re-offend and is less expensive than jail or prison.

Mitigation and Placement specialists are assigned to the felony, misdemeanor, and juvenile delinquency courts assisting our lawyers to identify and address issues such as: mental retardation, mental illness, physical disabilities, learning disabilities, substance abuse, dual diagnosis (substance abuse and mental illness), homelessness, physical or sexual abuse, illiteracy and other special education needs, unemployment, parenting skills, anger control and sexual disorders.

In County Court, the Mitigation and Placement Specialists assist in diverting mentally-ill clients from jail to a treatment program or facility.
 

Investigations Unit
Ron Condom, Chief Investigator

The Public Defender recognizes that capable, well trained, professional investigators are crucial to the defense function.

The investigator’s primary responsibility is to gather information from individuals and institutions and conceptualize the raw data into a form that is meaningful and useful to the attorney. Our office encourages its investigators to be independent thinkers who will apply common sense, training and life experiences to the resolution of problems in the preparation of the defense of a case.
 

Intake Interviewers Unit
Ron Condom, Supervisor

The Public Defender recognizes that capable, well trained, professional interviewers (also called paralegals) are crucial to the defense function, particularly at the earliest stages, shortly after appointment of the Public Defender.

The intake interviewer's primary responsibility is to interview our clients and gather crucial information during the first 72 hours of a person's incarceration. This information is vital for the initial preparation of our client's defense. The interviewers gather factual, biographical, medical and other information for the assistant public defender to review and act upon.

 

The Public Defender demands his investigators and paralegals to conduct themselves according to the highest standards of professionalism, a fundamental sense of fair play and respect for the dignity of others.

 

Information Technology
Robert Yergeau, Director

The Information Technology unit maintains the computer hardware, software and network system of the Public Defender’s Office. From the beginning, automation has been viewed as the key to enhanced employee productivity. To view a description of our integrated management information system, click here. For the Spanish version, click here

Our office, in accordance with state guidelines, has created an Information Resource Plan that describes our current system and projects our future needs. This plan is revised annually to reflect the rapid changes in automation technology that affect the course we take.

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Our Constitutional Responsibility: Your Right to Counsel

Constitution of the United States

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.


To view Florida statutes relating to public defenders, click on the links below

2005 FLORIDA STATUTES
Title V – Judicial Branch
Chapter 27 – Part III

27.51 Duties of public defender.
27.512 Order of no imprisonment.
27.52 Determination of indigent status.

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Mission & Vision

To effectively and zealously represent court-appointed clients
who are at risk of losing their life or liberty.


Vision Statement

We strive to have a public defender’s office that:

  • Is a national model
     
  • Provides quality legal representation
     
  • Treats clients with dignity and respect
     
  • Is a guardian of liberty, justice, civil liberties and human rights
     
  • Recruits and retains talented and diverse staff
     
  • Has employees committed to life-long learning, personal and professional growth

 

We strive to be engaged beyond the courtroom so we advocate for:

  • Laws that foster rehabilitation
     
  • The abolition of the “schools to prison” pipeline
     
  • Parental assistance that does not require court involvement
     
  • Creating a criminal and juvenile justice focused on prevention and redemption
     
  • Appropriate and effective education, treatment and services for troubled children
     
  • Constructive sentencing alternatives, and meaningful rehabilitation opportunities that could result in fewer defendants and victims
     
  • Effective re-integration of the formerly convicted into our community
     
  • Safe schools where children learn and have hope for a bright future
     
  • Educating the public about the value of rehabilitation and crime prevention

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History

In 1963, the Florida Legislature responded to the landmark United States Supreme Court decision in Gideon v. Wainwriqht, granting defendants the right to counsel in felony cases, by creating the Office of the Public Defender. In Gideon, the Supreme Court held that the right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and that Gideon's trial and conviction without the assistance of counsel violated the Fourteenth Amendment. Thus, emerged the first statewide public defender system in the nation.

Our country’s highest court has also upheld, as a fundamental right essential to a fair trial an indigent person receiving the assistance of counsel in juvenile delinquency proceedings, In re: Gault, and in misdemeanor cases, Argersinger v. Hamlin.

James C. Henderson was the first Public Defender for Miami-Dade County, followed by Robert L. Koeppel, Hughlan Long, Phillip A. Hubbart and Bennett H. Brummer.

On January 6, 2009, Carlos J. Martinez, became Miami-Dade County’s Public Defender. From humble beginnings Carlos’ personifies the classic migrant story. His route to the top is a tale of hard work and dedication that ends, or perhaps begins, with his unopposed election as the top defender.

From a staff of 16 attorneys in 1971, the Miami-Dade Public Defender’s Office has expanded into the largest criminal defense law firm in the State of Florida. We take pride in our record of trial and appellate work, as well as the number of our alumni who are judges and respected members of the private defense bar.

To learn more about the earlier history of the right to counsel on the web page of the National Legal Aid and Defender Association, click here.

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Law Offices of the Public Defender
Eleventh Judicial Circuit of Florida

 

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