What is your background in law practice?
Shirk: After graduating in the second class of Florida Coastal School of Law in 1999, I went to work for the Public Defenders office where I started in County Court, moved my way up through Circuit Court, Repeat Offender Court and was ultimately promoted to the Special Defense division. This work acquainted me with all levels of responsibilities of the Public Defender’s office. After nearly five years at the Public Defender’s Office and over 40 criminal trials, I went into private practice at Tassone & Eler (which later became known as Tassone, Gibson, Sichta & Shirk) before launching my own private practice. In my private practice, I have had various associations, all of which acquainted me with the private defense of those charged with every level of crime, including capital offenses. The volume of these experiences have given me wide and varied exposure to case management and therefore qualifies me to be the Public Defender.
White: I began my practice as an assistant public defender here in Jacksonville in 1974. I was appointed Chief Assistant by Lou Frost in 1976. In 2004, Lou retired and I ran unopposed and was elected Public Defender. I have tried cases at all levels of the Florida Courts, and have participated in proceedings in federal court up to and including the United States Supreme Court.
What are your goals for the office?
Shirk: My goals for this office are clear and simple — bring fiscal accountability and government responsibility to the Public Defender’s office. This office should only provide services to those people who truly need them.
White: To continue to defend our constitutional rights and to insure fairness and justice for all who come before the courts. We are an award-winning office with some of the best lawyers in the State of Florida. All of them are handling cases and multi-tasking to work hard for the public who pays them.
What qualifies you as the best candidate for the job?
Shirk: I spent five years working under the current Public Defender so I have seen firsthand the problems and inefficiencies of the office. I am the only candidate in this race with solutions and ideas to streamline the Public Defenders office, reduce unnecessary spending, and improve the overall expediency of cases tried.
White: Quality experience as a trial lawyer, a trainer and a mentor for an outstanding legal staff. I am the only capital trial qualified candidate, and I have over 32 years of experience managing the second largest public law firm in Duval, Clay and Nassau counties.
How do budget cuts affect the way the Public Defender’s Office is run?
Shirk: Budget cuts will call for creative ideas and a critical eye in regards to spending. I pledge to use an extremely conservative hand when writing the budget. However, if the office of Public Defender only represents those citizens who truly can not afford their own representation then the number of clients will be reduced and thereby reducing the need to hire additional Public Defenders and support staff. Additionally, I will establish a trust fund and collect fees for the services provided. There are 20 public defenders in Florida. Eleven have established trust funds and are supplementing their budget, thereby reducing the burden on the taxpayer.
White: The office faces fiscal and substantive challenges in this very difficult economy. I have implemented a number of innovations that have improved our ability to operate with reduced staff and with less money. I have turned in 32 balanced budgets and I have been able to return money each year to the taxpayers. I expect to do the same this year.
Are diversionary programs a necessary tool of the justice system?
Shirk: Absolutely, in an ideal world there would be no need for a criminal justice system — but in reality there are crimes committed every day and they must be dealt with due process. However, the goal of every public official should be to reduce crime and if a diversionary program has been proven to do so then I will absolutely support it.
White: Good diversionary programs like Drug Court cost less and have lower recidivism rates than prison for non-violent offenders. One year of prison costs the taxpayers over $25,000, and the average prisoner who finishes a sentence re-offends at a rate of 66%. One year of treatment in Drug Court costs no more than $7,000 and the rate of recidivism is reversed – almost 77% who graduate do not re-offend within three years.
Should the political affiliation of the State Attorney affect who is
chosen for the Public Defenders Office?
Shirk: The voters will decide who is elected Public Defender — not “chosen.” Many voters use party affiliation to decide who will get their vote as there are major key differences between the two parties. The policies and procedures that I intend to implement are based on my core conservative values.
White: I don’t think so.
How is your relationship with State Attorney-Elect Angela Corey?
Shirk: In law school I interned at the State Attorney’s Office under Angela Corey. I learned an enormous amount from her. She is a brilliant attorney and excellent litigator. We share a few commonalities — we are both members of the Republican Party and have a passion for public service. I have a great amount of respect for her.
White: After her election in the primary I offered to assist her and her designated Chief Assistant with non-adversarial, administrative issues. I have tried cases against Ms. Corey and have found her to be an aggressive advocate for the State of Florida. In her capacity as head of the County Court Division of the Fourth Circuit State Attorney’s Office she was a capable administrator. I expect and hope to have a professional working relationship with Ms. Corey in the context of our adversarial system of justice.
How will your office work with the new State Attorney?
Shirk: Just as I would have worked with the previous State Attorney — in a professional and courteous manner. Having said that, there will be times when the two offices can find common ground in order to make our justice system more efficient. Because I have a relationship with Angela Corey, we will be able to work together to streamline cases through the system in a more efficient and economic manner.
White: As we have done in the past with Ed Austin and Harry Shorstein, we will maintain a professional working relationship while maintaining the highest quality representation for our clients.
From the Public Defender’s perspective, what can be done to expedite the judicial system?
Shirk: The Jacksonville Journey Law Enforcement and Deterrence Subcommittee determined that one of the problems with our justice system is that felony cases remain in the system far too long. The Public Defender, the State Attorney and our Judiciary have not been communicating to move cases along at a faster pace. The Administration of Justice Workgroup recommended that the judiciary and the State Attorney work with the Public Defender’s office to move these felony cases through the system more rapidly. As Public Defender, I will make this recommendation a top priority. I will meet with the newly elected State Attorney and all the judges of the criminal division as soon as possible to discuss a plan to streamline cases through the system. We must identify the kind of cases that are bogging down the system and prioritize these cases for a speedy resolution.
My inquiries into and discussions with members of the judiciary, the criminal bar and the public establishes a clear and present need for change in the Public Defender’s office and I can provide that change.
White: The role of the Public Defender is not to expedite the judicial system. Our role is to ensure that each client receives the time and attention necessary to ensure fairness and justice in his or her case. Where there are opportunities for an expeditious disposition of a case, we will continue to work to achieve that, so long as the clients’ rights are not compromised.