S e r v i n g C l a y , D u v a l & N a s s a u C o u n t i e s

APD’s:James ArmstrongMichael BatehJordan BeardJoshua BeardKyle BedranDebra BillardChris BlaisdellRobert BowersAaron BrownMelina BuncomeTenisia BurkeBrian Crick

James StewartDee StressingSandra SuarezKelli SwaneyMelanie ThompsonQuentin TillHarris WaldoBright WallaceJennifer WatsonElizabeth WebbSandra Young

Andrew DavidsonArielle Davis Courtney DrewRefik ElerRazan FarmandSusan FarisJames ForrestBrooke FullerDarcy GalnorTom GolikRichard GordonAl HagansMary Hickson

Michelle HokeDon JaffeStephanie JaffeKevin JenkinsDiana JohnsonCassidy KeshavarziMatt LufranoCoral MessinaTom MurphyAl PerkinsBelkis PlataSenovia PortisTricia Rado

Michael RainkaKaren RieweTeddy RiveraRonald RomeoJessica RoseBrandon RoverStephanie SchaapJ Owen SchmidtShannon SchottMarcus SermonsRachel SgroiGary ShumardSamantha Smart

The 2012/13AnnuAl RepoRT

ConTenTs

The PDO has experienced many physical and virtual changes in the last several months. At the same time, it has become a leading example in electronic case management.

Gideon, Austin, Frost remembered.

Veterans Treatment Court was established in 2012; dramatically changes Fourth Circuit with proven Diversionary Program.

Successful youth summer camp becomes stand-alone non-profit.

We believe that providing outreach and education can help reduce criminal activity and eventually bring down numbers in the costly justice system.

Congratulations and Thank You to those who serve the PDO. Recognizing staff talent and success!

Because our community cares, we thank those who have donated the design and printing of this Report.

People Of The PDO

Letter From Matt Shirk

Administration

2013: A Milestone Year

Veterans Treatment Court was

Representation

Successful youth summer camp Vision For Excellence

We believe that providing outreach Community

Because our community cares, we Special Thanks

Congratulations and Thank You to Staff Achievements

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Letter From Matt Shirk 3

Administration 4

2013: A Milestone Year 5

Representation Representation 6

Vision For Excellence 7

Community Community 8-9

Staff Achievements 10

Special Thanks Special Thanks 11-12

DuVAl CounTY407 north laura street Jacksonville, Fl 32202

(904) 255-hope

nAssAu CounTYnassau County Judicial Annex

76347 Veterans Waysuite 2065

Yulee, Fl 32097phone: (904) 548-4750

ClAY CounTY825 north orange Avenue

Green Cove springs, Fl 32043(904) 284-6318

DiReCToRs:Raflik Eler, Chief Assistant

Fred Gazaleh, Circuit CourtKate Bedell, County CourtRob Mason, Juvenile Court

Chris Clayton, DirectorDaniel Brim

Greg Messore Ronald RobertsTom Townsend

Cynthia hunold, DirectorMichelle BarkiRalph ChaversCurt DavidsonTed Hellmuth

Jennifer LoveRobert Terry

Erin WaskiewicsMark Wright

DefenDefenDefenDefenDefenDefenDefenDefenDefenDefenDefenDefenDefenDDDDDDDDDDDerererererererererererererererererererererererererererererDefenDefenDefenDefenDefenDefenDefenDefenDefenDefenDDerererererererererererererererererererererererererererererererererererererererererererererer4th judicial circuit public

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(L-R) LEGAL ASST. ELAinE OuELLETTE, ASST. KATiE SCHOETTLER, APD MELinA BunCOME, LEGAL ASST. BARBARA HEnRY, LEGAL ASST. REnEE JOHnSTOn, APD JEnniFER WATSOn, LEGAL ASST. TERi MiLLER

BReAsT CAnCeR AWAReness AT pDo

Greetings:

Let me take this opportunity to thank the people of Clay, Duval and nassau Counties for giving me the honor to continue serving as your elected Public Defender. it was very humbling for me, in January 2013, to get sworn-in to this office for a second term. During the 2012 campaign, I pledged to you that I would continue leading an Administration that prioritizes fiscal responsibility with your tax dollars and simultaneously works very hard to ensure the rights we are all afforded through the u.S. Constitution are zealously protected by our Assistant Public Defenders who day in and day out represent hundreds of people in courtrooms across north Florida.

Please take a few moments to peruse this booklet, the 2012-13 Annual Report of the Fourth Judicial Circuit Public Defender. You will learn about the

numerous physical and virtual changes that have occurred in our offices, a significant development we have made respecting a State of Florida mandate that the criminal justice system become ‘paperless,’ the significance of the year 2013 as we honor Clarence Earl Gideon, T. Edward Austin and Louis O. Frost, the dramatic strides we have made for combat Veterans who find themselves in crosshairs with the law, the growth and success of Vision for Excellence which is the summer camp we developed in 2010 for Jacksonville teens in underprivileged neighborhoods and our ongoing commitment to working for social improvements in all the communities we serve. You will see on Page 10 some of the Assistant Public Defenders who have gained notice for their dedication and excellence in providing legal representation for the indigent. And we certainly cannot forget to thank those who have made this Annual Report possible at no expense to taxpayers; pages 11 and 12 feature our graphic design team and The Florida Coastal School of Law in a custom, print advertisement!

We value your continued interest and support of the Office of the Public Defender. You are invited to visit us in our Downtown Jacksonville office or the Clay or Nassau County courthouses; we are online at www.MattShirkPublicDefender.com, Facebook at Matt Shirk, Public Defender, Twitter and YouTube, and you can subscribe to our monthly e-newsletter.

Report Report Report Report Report

6-29Dear Mr. Shirk, I write to you to express my profound gratitude and admiration for what your department has done on my behalf, and to particularly commend Ms. Michelle Barki for the compassionate and careful attention she gave to me and to my case in first appearance court.

Your office seems to fulfill the words of sacred scripture, “the Lord lifts up those who fall and lifts up all who are bowed down.”

Thank you for the invaluable service your office provides to those who have no one else to speak for them.

Gratefully and sincerely yours,Margaret

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While trends in crime have slowly declined over the last 20 years, we remain very busy handling upwards of 40,000 cases each year. With nearly 80 attorneys and 72 support staff members (investigations, Paralegals, Legal Assistants, General Clerks), the PDO is one of the largest law firms in the 4th Judicial Circuit and I assure you that our people are some of the finest public servants you will find.

Thank you again for the privilege to serve you!

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EFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmINIINIINIINIssTTrrATIATIATIATIATIooNN

While crews were still working on the new

duval county courthouse in November ’11, the pdO relocated closer to the new facility to its current location at 407 North laura Street, downtown. this saved city taxpayers nearly $1Million because they no longer had to pay rent for what was the highest city lease. the pd move into the jake Godbold building came with nominal dollars for necessary retrofitting

to ensure all apd’s have private office space. this project completed in March 2013.

the clay county pd Office also moved. in March 2012, it relocated from the third floor of the clay county courthouse to a newly remodeled suite on the first floor, built to better accommodate pd clients and staff.

in February 2013, www.MattShirkPublicDefender.com was refreshed by G’ abrams of bungi Enterprises. he is a jacksonville man who provides creative services and produces the television show ‘Stop the Violence use Your talents.’ an ex-offender, Matt Shirk met him during a show appearance; “jacksonville needs more people like G. he is a perfect example that people can change and

become something great.” New features include an enhanced case tracking system, expanded public information, and simplified attorney communication. New educational resources include a ‘legal questions and answers’ page. it features social networking and video through Facebook, twitter and Youtube along with an up-to-date newsfeed.

the Florida legislature has mandated that criminal justice become ‘paperless’ effective October 2013, however upon taking office in ’09, Matt Shirk had already prioritized this change. he tapped it director joe Frasier with his vast programming skills and product knowledge to transform the large law office to a ‘cloud-based’ case management system. Mr. Frasier completed the transformation in april ’12.

Mr. Shirk points out that the input costs for the project were covered by the reduced paper costs in only one year. the transition to the cost-

saving and environmentally friendly system gained both state and national attention; Mr. Frasier was recognized by Florida public defender

association (Fpda) for his administrative proficiency and ibM Systems Magazine featured the unique program he developed in September ’12. rather than lugging bulky file boxes on rolling carts to trial, apd’s carry laptops and ipads and have complete cases available at their fingertips. the pdO has become a model for several other Florida pd offices, many of which are transitioning to the cost-effective system developed by Mr. Frasier.

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PDO Goes ‘FileLESS’

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EFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmEFFICIENT AdmINIINIINIINIINIssTTrrATIATIATIATIooNN

201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013201320132013a historic Year for public defenders

Florida convict inspires creation of pd Systemthe landmark Supreme court decision Gideon vs. Wainwright was issued March 18, 1963 and turned 50 years old in 2013. it interprets the 6th amendment to the constitution as a guarantee to anyone charged in a crime eligible for legal representation, regardless of ability to pay. clarence Earl Gideon was an unlikely hero who, from his jail cell dramatically altered the legal landscape in america by inspiring the creation of the public defender system. he was charged in a june 8, 1961 burglary of a panama city, Fl pool hall. because he was too poor to hire an attorney, Gideon was forced to defend himself at trial and was eventually convicted of breaking an entering with intent to commit petty larceny.From jail, he mailed a handwritten petition to the Supreme court of the united States explaining that his constitutional right to counsel had been violated. the court agreed to hear his appeal. attorney abe Fortas was assigned to represent Gideon and argued that a common man with no training could not go against a trained attorney and win - a fair trial was not possible. the justices agreed, ruling unanimously in Gideon’s favor on March 18, 1963. Said associate justice hugo black; “there can be no equal justice where the kind of trial a man gets depends on the amount of money he has.” Gideon was granted a second trial and appointed a pd. the jury acquitted him after deliberating for one hour. Gideon’s case became the catalyst of a right to counsel revolution in the u.S. which resulted in all 50 states creating a public defender system.

public defenders honored in the Fourth judicial circuit

courtrooms 406 and 407 in the duval county courthouse honor two of Northeast Florida’s most revered legal trailblazers, t. Edward “Ed” austin, jr. and louis O. Frost, jr. at the May 22, 2013 courtroom dedication and portrait unveiling ceremony, both were remembered for public service contributions and leadership implementing a system for indigent criminal defense in Florida in conjunction with the decision in Gideon vs. Wainwright. Mr. austin was appointed in 1963 as the first pd, a post he held for five years before getting elected State attorney. his chief assistant pd, lou Frost was appointed to succeed austin and was re-elected

to nine consecutive, four-year terms until his retirement in 2005.

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Smart JusticeRecognizing the merits of the Smart Justice movement in Florida, the PDO has prioritized rehabilitation efforts for clients accused of non-violent crimes. A Specialty Courts Team has been established, led by APD Richard Gordon, to oversee Drug Court, Veterans Treatment Court (VTC) and Mental Health Court. Statistics show that Drug Court clients re-offend less than 10% of the time versus the 40% of those who are incarcerated. it is important to note that incarceration costs ten times more in public dollars than the Drug Court

program offered in both Clay and Duval Counties.

1. VTC STaff; Daniel RobeRTS, John holzbauR 2. MR. alVin aT fiRST-eVeR VTC pRoCeeDing 3. MR. MilTon beCoMeS fiRST VTC gRaDuaTe 4. Rep. MCbuRney offeRS MR. ShiRk VTC ReSoluTion 5. MaTT ShiRk MeeTS wiTh loCal VeTeRanSDe

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1. VTC STaff; Daniel RobeTaff; Daniel RobeT

RepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationRepresentationE F F E c t i V EThe PDO Legal Mission

The mission of the Office of the Public Defender is to provide zealous, effective legal representation to the indigent-accused. We handle criminal cases from Capital homicides, felonies, misdemeanors, juvenile, Baker Acts and SVP cases. To assist APDs, there is a full team of investigators, Mitigation Specialists, Paralegals, and other support staff. in recent years, the acquittal rate in the courtroom has risen above 20% meaning that fewer people are convicted of crimes they did not commit and fewer tax dollars are wasted in the Department of Corrections. in the American system of checks and balances, the PD provides an important check on the State, thus protecting the rights of

everyone.

Veterens Treatment Courtin 2012, the PDO established a VTC in Jacksonville with cooperation from the u.S. VA, the State Attorney and Court Administration. it opened in March when client Mr. Alvin went before Magistrate John Sampson. His appearance in VTC joined him with an official from the VA who immediately was able to help him obtain necessary benefits, something he was unable to do alone for 7 years. Since then, there have been two graduates. The sizable, growing Veteran population in Northeast Florida will benefit from VTC which helps veterans accused of non-violent crimes get their rightful benefits while saving public resources. Thanks to the State Legislature, formation of a VTC in Clay

County is progressing.

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The pD offiCe offeRS publiC anD pRiVaTe lawyeRS a ConTinuing legal eDuCaTion SeMinaR CalleD “VeTeRanS of The CouRT.” The Daylong eVenT, TwiCe peR yeaR, feaTuReS pReSenTaTionS fRoM expeRTS in a VaRieTy fielDS peRTinenT To TRial aTToRneyS.

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in 2010, pd Matt Shirk sought to not only run an office that provided effective legal representation for clients, but

would work proactively to truly benefit jacksonville. Vision for Excellence (VFE) provides underprivileged youth productive opportunities during the summer. VFE strives to provide young people with educational resources, interaction with positive role models, self-esteem enhancing activities and community

building opportunities, which results in better decision making and a desire to positively contribute to the community.

VFE has changed since 2010, most notably establishing official non-profit and federal tax exempt status in 2013. this allows VFE to apply for governmental and corporate grants, solidifying the

hopes to expand the program.

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pD4 STaff aCCepTing a TiTle SponSoRShip leVel CheCk fRoM paul DaViS ReSToRaTion! (l-R) paul Da-ViS’ TRaCy baChTell, inVeSTigaToR DeniS SanChez, inVeSTigaToR kenDall anDeRSon, inVeSTigaToR ToMMie TySon, paul DaViS’ Jane lynn, anD paul DaViS’

John buening.

The pD4 STaff haS been a huge help in Making The MulTiple Vfe funDRaiSeRS a gReaT SuCCeSS!

We would like to thank all of our sponsors, volunteers, participants, and venues for your help in ensuring another successful summer!

piCTuReD iS The banneR fRoM The Vfe golf ClaSSiC whiCh Took plaCe aT The golf Club aT SouTh haMpTon.

ViSiOn FOR ExCELLEnCE

Within the last year, VFE has held successful fundraising events, including the February 2013 ‘cocktails for a cause’, the May 2013 tpc Volunteer days and the May 2013 Vision for Excellence inaugural Golf tournament!

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orking with the many communities within

the Fourth judicial circuit is important to public defender Matt Shirk and the staff. the better the public is educated about the criminal justice system hopefully translates to fewer run-ins with the law. Mr. Shirk and many members of his legal and support staff take time during lunches, evenings and weekends to visit with different groups; whether they are students, social service agencies and/or clients, or simply concerned citizens who want to collectively work with different leaders to make Northeast Florida a better place to live, raise a family and work.

InvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementInvolvementc O M M u N i t Y

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CongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsCongratulationsJoe Frasier

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Rob Mason

Diana Johnson

Exemplary Trial Team State v. Way

Statewide Recognition, Director information TechnologyFPDA Administrator of Year, Outstanding Administrative Service Award for developing a

unique, cost-effective and cutting edge legal case management system.

Statewide Recognition, APD/Director Juvenile CourtFlorida Supreme Court Appearance: June 6, 2012

in addition to contributing to three national publications on juvenile justice, Rob successfully advocated for a Court rule that children be warned of possible immigration consequences

before the court accepts a plea to charges.

Statewide Recognition, APD/Appellate AttorneyFlorida Supreme Court Appearance: March 7, 2013

Argued law enforcement comingling evidence in a Trafficking arrest of a Duval County man destroyed the integrity of that evidence and nullified any grounds to accurately charge him.

(Decision pending.)

On MAY 15, 2013, PuBLiC DEFEnDER MATT SHiRK RECOGnizED SEVERAL STAFF MEMBERS WHO WERE SELECTED BY THEiR

COLLEAGuES AS PROViDinG ExCELLEnCE in PuBLiC SERViCE. THE DEFEnSE TEAM in THE TRiAL OF THE STATE OF FLORiDA VS. THADDEuS WAY WOn THE ExEMPLARY TRiAL TEAM AWARD FOR EARninG THEiR CLiEnT An unLiKELY VERDiCT OF nOT GuiLTY in OCTOBER ’12. TEAM MEMBERS inCLuDED: (L-R) inVESTiGATOR AnDREW EWinG, inVESTiGATOR GREG STRiCKLAnD, MR. SHiRK,

AnD ASSiSTAnT PuBLiC DEFEnDER AL PERKinS.

thE 2012 pd OFFicE aNNual aWard WiNNErS:

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Fourth Judicial Circuit Recognition

APD Matt LufranoTrial Lawyerof the Year

Asst.Valarie HughesDuval County

Employee of the Year

ADP Jennifer LoveClay County

Employee of the Year

inv.Paula DeLucanassau County

Employee of the Year

"From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards de-signed to assure fair trials before impartial tribunals in which every de-fendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him."

- Gideon v. Wainwright, Justice Hugo L. Black, 1963

Happy 50th Anniversary, Gideon.

Design by Maggie Jo Hilliard, Esq.www.maggiejo.com

Thank you, Public Defenders, for all you do.

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Thank you and Farewell to retirees of the Office of the Public Defendersherry Kennedy legal Assistant

Clay County231/2 years

Brian Morrissey ApD/Director

nassau County 32 years

Prestigious Invitation APD/Director Kate BedellSelected for nationally acclaimed ‘Gerry Spence Trial Lawyers College

Notable Leadership APD Michael BatehElected to Jax BarBoard of Governors

Joe Frasier

Diana Johnson

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228 Dixie Drive #1202 Tallahassee, F L 32308Cell: (410) 693-0470b l a 0 9 @ m y . f s u . e d u

BRITTANY ATCHERSONGRAPHIC AND WEB DESIGNER

ADP Jennifer LoveClay County

Employee of the Year

"From the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards de-signed to assure fair trials before impartial tribunals in which every de-fendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him."

- Gideon v. Wainwright, Justice Hugo L. Black, 1963

Happy 50th Anniversary, Gideon.

Design by Maggie Jo Hilliard, Esq.www.maggiejo.com

Thank you, Public Defenders, for all you do.

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Thank you and Farewell to retirees of the Office of the Public Defender

Many Florida Coastal School of Law graduates and students further develop as attorneys and externs at the Public Defender’s O�ce of Florida’s Fourth Judicial Circuit. We thank you for the mentorship you provide our alumni and are proud to be your partner as you commit unsel�sh service in the community and promote uncompromised ethics and professionalism.

Partnership.

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