IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2-2.0

CRIMINAL APPEALS - WITHDRAWAL OF ATTORNEY OF RECORD FOR CRIMINAL DEFENDANTS

      In order to insure a defendant the right to fully and fairly prosecute an appeal in any criminal proceeding, we must reduce the delay resulting from unreasonable routine directions to Court reporters to transcribe the entire trial record, and we must also reduce the extra time involved in routine motions for an order directing the clerk to transfer all exhibits to the appellate court; such delay and unnecessary expenditure of public funds resulting from some defendants not properly complying with Fla. R. App. P. 9.140 and 9.200 and being of the opinion that trial counsel is best equipped to properly draft the hereinafter identified appellate documents; it is

ORDERED as follows:

1. The attorney of record for a defendant in a criminal trial shall not be relieved of his duties, or be permitted to withdraw, except for good cause shown upon written motion and hearing until

A. The following have been filed after judgment and sentence:

(1) Notice to appeal;

(2) Statement of judicial acts to be reviewed, if a transcript will require the expenditure of pubic funds;

(3) Directions to the clerk; and

(4) Designation of that portion of the reporter's transcript necessary to support the statement of judicial acts to be reviewed, if a transcript will require expenditure of public funds, or

B. The time has expired for the filing of notice of appeal, and no such notice has been filed.

2. Upon motion, the court shall determine what pleadings, records, exhibits, evidence and other matters, including the extent of the transcript of trial proceedings, that are within the scope of judicial acts to be reviewed, that are necessary and germane to an appeal to be transferred to the clerk of the appropriate appellate court.

3. The official court reporters will not produce a transcript that involves payment from public funds unless the appellant is authorized in writing in advance by the court. In order to conserve the public treasury regarding appeals by indigents, only essential portions of a transcript are to be prepared and those portions must pertain to the judicial acts to be reviewed.

4. Either party may file motions to reduce or expand the transcripts.

5. This order revokes and supersedes Administrative Order No. 21, dated March 11, 1975.

6. DONE AND ORDERED in Chambers at Bartow, Polk County, Florida this 27th day of August, 1982.

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THOMAS A. LANGSTON,

CHIEF JUDGE