The 6^th Amendment to our United States Constitution declares that "In all criminal prosecutions, the accused shall ... have the assistance of counsel for his defense." This means that any person can have an attorney represent them in court on any criminal charges they may face. Until recently this right was reserved only to those wealthy enough to hire an attorney. People charged with committing a crime who could not afford to hire an attorney were left to represent themselves. The unfairness and opportunities for injustice to occur in such a system is apparent to anyone. The prosecutor was always well educated having graduated high school, college and law school always well qualified having passed the state bar examination and usually well experienced having handled hundreds and sometimes thousands of prosecutions in court. A citizen, representing himself, not as well educated in the law or rules of evidence, not as qualified, skilled or experienced as the prosecutor yet presumed innocent under our law had little or no chance in the courtroom. In 1963, the United States Supreme Court said that any citizen charged with a criminal offense and unable to hire an attorney shall have an attorney appointed if they so desire. Shortly thereafter Florida and other states created offices of the Public Defender to represent these citizens.

The Public Defender is an elected constitutional officer of the State of Florida who must be a lawyer and a member of the Florida Bar for at least five years. The responsibility of the office is to provide legal counsel when appointed by the court to those threatened with loss of liberty and who cannot afford to hire a lawyer. Each of the 20 Judicial Circuits in Florida is served by an Office of the Public Defender. Lawyers who are members of the Florida Bar are employed as Assistant Public Defenders. The Public Defender and Assistant Public Defenders are ethically bound to the same Code of Professional Responsibility and disciplinary rules which bind all attorneys.

The staff is composed of Assistant Public Defenders who are licensed attorneys and members of the Florida Bar, investigators, paralegals, clerical and administrative staff. Third year law students and law school graduates who are not yet admitted to the Florida Bar may serve as legal interns. As part of their continuing education, investigators and lawyers regularly attend training programs and the Public Defender conducts training sessions for all employees.

The law allows any person who has received the services of the Public Defender and found guilty have a judgment entered for the value of the services rendered in their case. This means that at the conclusion the judge might determine how much a defendant shall be liable up to a statutory maximum of $3,500. The judgment, if ordered, is recorded in the public records and lasts for 20 years. Any real property sold by a defendant during this period would require payment of the Public Defender judgment prior to receiving any proceeds from the sale. Also many people receive probation as a sentence and much of this money is collected as a condition of probation. All money collected goes to Brevard or Seminole County and not the Public Defender.