Bill to provide more protections for defense lawyers clears House panel
Rep. Pat Maney
A measure offering greater protection to defense counsel and enhancing the penalties for anyone who attacks any court-appointed counsel or defense counsel acting in their capacity was reported favorably by the House Criminal Justice Subcommittee February 9.
HB 71, filed by Rep. Patt Maney, R-Shalimar, would amend F.S. §775.0823, which outlines penalties for violent offenses committed against law enforcement officers, correctional officers, state attorneys, assistant state attorneys, justices, or judges.
“All of us think when we go to a courthouse to do the people’s business that we expect to be in a safe place,” Rep. Maney said. “What this bill does in effect adds two lines to the statute and more importantly two or three words that say the current law which protects judges, justices, prosecutors, and their assistants will now include defense attorneys.”
Maney filed this bill in the wake of an attack on Gainesville defense attorney Eric Atria who was representing his criminally charged client during a trial in an Alachua County courtroom. Without warning, Obadiah Dillard viciously attacked his counsel, punching him on the left side of the face and fracturing his skull.
Atria traveled to the Capitol in support of Maney’s proposed legislation and said defense attorneys need to know the law has their backs.
“I’ve been a defense attorney for 18 years and it turned out my client made a calculated decision to knock me out so he could get a mistrial in his case,” Atria said. “I believe in my work and the principles of it and for someone to think they can just attack us is outrageous.”
Atria said passing this bill would send multiple messages. It will make defendants think twice before attacking their attorneys, and it will also show defense attorneys that they are protected.
By a 16-1 vote, the subcommittee reported the bill favorably. The lone dissenting vote came from Rep. Michael Gottlieb, D-Davie, a criminal defense attorney with more than 25 years of experience.
Gottlieb recalled a defense attorney being attacked in a Broward County courtroom many years ago and asked Maney, who spent nearly 30 years as an Okaloosa County Court judge, if he had statistics that showed how pervasive a problem this was.
“No stats,” Maney said. “I honestly think one instance is enough.”
While Gottlieb said he was a big believer in the system, he went on to say he was torn on this bill because it does not specifically address those defendants with mental-health issues.
Gottlieb then took a moment to address Atria directly.
“As a criminal defense attorney, my heart breaks for you,” Gottlieb said. “I don’t know where I land on this bill and cannot support it today, but what happened to you shouldn’t happen.”
The committee also unanimously adopted a strike-all amendment to the bill.
“The amendment specifies that assistant public defenders and assistant regional counsel are included,” Maney said.
Atria’s boss, Criminal Conflict and Civil Regional Counsel for the area covered by the First District Court of Appeal Candice Brower, waived in support of the bill, as did Florida State Director for Right on Crime Chelsea Murphy.
Speaking in support of the bill, Rep. Chuck Brannan III, R-Macclenny, said the bill would put all officers of the court on the same level.
“This bill will add another layer of protection that maybe defendants will think twice before they attack their attorneys. I highly support this measure,” Brannan said.
Maney’s bill now heads to the House Judiciary Committee and the Justice Appropriations Committee before it can be taken up by the full House. An identical Senate companion bill was filed on January 25 by Sen. Jennifer Bradley, R-Fleming Island.
