Comments on: Matt Shirk, You Are the Weakest Link.

By: PD News Roundup — Public Defender Stuff

PD News Roundup — Public Defender Stuff — Wed, 28 Jan 2009 16:56:45 +0000

[...] Order of Police that his office would not raise questions about the integrity of policemen. As Mark Bennett noted, ” I hope we see bar grievances, disbarment, and disgrace in Mr. Shirk’s [...]

By: What’s Wrong With This Picture (Invitation)? « Life Behind The Show

What’s Wrong With This Picture (Invitation)? « Life Behind The Show — Fri, 02 Jan 2009 17:32:58 +0000

[...] Shirk’s election party if it didin’t have good reason to believe that he would be an ally. And an ally he is. It turns out that Mr. Shirk, even though, he is now the head Public [...]

By: What’s Wrong With This Picture (Invitation)? « Life Behind The Show

What’s Wrong With This Picture (Invitation)? « Life Behind The Show — Fri, 02 Jan 2009 17:32:58 +0000

[...] Shirk’s election party if it didin’t have good reason to believe that he would be an ally. And an ally he is. It turns out that Mr. Shirk, even though, he is now the head Public [...]

By: Chew

Chew — Tue, 16 Dec 2008 19:12:32 +0000

As the husband of a Jacksonville PD (at least she still is today) the election of Matt Shirk is a travesty. He won for one simple reason and that was the big “R” next to his name on the ballot. The purpose of the PD’s office is to give less fortunate people proper and good legal representation. Matt Shirk has basically said this is not going to happen as he has instructed his lawyers not to question the integrity of police officers! Also, he is in bed with Angela Corey (SA) who should, in a perfect world, be his #1 advesary. It’s a sad day when our legal system is based soley on politics. I feel for any innocent person stuck in the Jacksonville legal system because your days of getting fair treatment are coming to an end…..

By: simian

simian — Tue, 02 Dec 2008 01:31:24 +0000

I’m not going to comment on Shirk’s qualifications to be PD in Jax, but did want to respond to the attacks concerning Shirk’s promise to “squeeze as much money as possible out of indigent defendant.”

In the 4th Judicial Circuit, where Shirk was elected, “Public Defender Fees” are imposed in every criminal case where the Defendant has been appointed the Public Defender. Depending on the case and county, these fees run between $40 and $100. The majority of Public Defender Offices in Florida make real efforts to collect these fees. The PDO in the 4th J.C. has refused to make any collection efforts since the fees began being imposed.

It is not uncommon for a Defendant to make a $50,000- $75,000 bond, then show up to arraignment expecting to have a PD represent them. I personally have seen Defendants found to be solvent by a Judge, never hire a lawyer, then the Judge is forced to appoint the PD, simply so the case can be litigated.

Under Florida law, there is a presumption that a person is solvent if a bond in excess of $10,000 is posted.

In Florida, PDO’s have begun refusing to accept new cases, claiming that their excessive caseloads prevent effective representation. Shirk has simply said that he willing attempt to: 1. Ask Judges to question more Defendant’s solvency, and 2. Collect the already imposed fees from Defendants that have the ability to pay them. What’s wrong with this and how is this not in keeping with a PD’s duties???

By: Mark Bennett

Mark Bennett — Sat, 29 Nov 2008 20:35:15 +0000

Shirk Supporter, is it true that “His campaign promises included . . . and a promise to squeeze as much money as possible out of indigent defendants, including a proposal for the postponed billing of acquitted defendants who might later be able to find some employment“?

That by itself is enough to set up a conflict of interest that should keep your future boss out of the indigent-defense business.

By: Shirk Supporter

Shirk Supporter — Sat, 29 Nov 2008 20:25:47 +0000

First, you are presupposing that what Mr. McGuinness said regarding the FOP is an accurate statement. It is, in fact, a false statement. Second, Mr. McGuinness and others had already made plans to leave the office before they were told that they would not be asked to join Shirk. Mr. McGuinness made it absolutely clear he was not going to work for Shirk. This is a choice that McGuinness and others made for themselves, not Mr. Shirk. On the other hand, Mr. Shirk has cut $2.5 million out of budget by not employing these 10 attorneys. Furthermore, there are MANY very talented lawyers that will continue to fight for their clients’ rights at that office. It is a bit arrogant of McGuinness and the few others to think things will fall apart in that office with their absence. As an employee in the office, I’m a bit offended by the media attention to McGuinness and others.

By: Matt Shirk: Is it time to consider changing Florida’s system? « Jacksonville Politics

Fri, 28 Nov 2008 03:02:09 +0000

[...] public defenders? Several national blogs and their posters have suggested just that (here, here, here, and here). (Tip of the hat to Spidey for providing some links in a comment to another Jaxpolitics [...]

By: Eric J. Davis

Eric J. Davis — Thu, 27 Nov 2008 04:14:56 +0000

What a Crime!!! I was a prosecutor in Jacksonville eleven years ago and the PDs who were fired were excellent lawyers. Some prosecutors preferred to face retained counsel instead of them. They secured multiple acquittals in murder cases and were respected throughout the state. Pat McGinnis (one of the best PDs in the country – who was one of the lawyers who worked on the case you mentioned) was one of my instructors at the prosecutor/public defender school. He was committed to fighting for clients and was featured in an Academy Award Winning documentary called “Murder on a Sunday Morning.” The Public Defender’s Office in Jacksonvlle use to go toe to toe with the prosecution in serious cases. The electorate has done a great disservice to to poor. Shirk cannot ethically fully his campaign promises. In many cases, the integrity of the police MUST be attacked to effectively advocate for one’s client. His position cannot be reconciled with an attorney’s ethical obligation to his client. It may be his undoing…

By: mcsmith2006

mcsmith2006 — Wed, 26 Nov 2008 13:05:19 +0000

Shirk needs to be investigated, this guy is not what he seems. When he won he said there would be no across the board terminations. How did someone who can’t pay their property taxes and has a lien right now get elected? You attorney’s know the law, see where Shirk did not follow it.
It is a sad day for Jacksonville