The proposed amendment was published for comment however, none were filed with the Court. The Conference of Circuit Judges has since informed the Court that it has developed a model colloquy which has been made available to trial judges and is contained in Appendix B. ![]() at 251.Īfter considering the Court's request, the rules committee filed the instant petition to amend rule 3.111(d)(2)-(3) and advised the Court that it unanimously agreed that the Conference of Circuit Judges should be asked to develop a model Faretta colloquy to be used by trial judges. The judge may not inquire further into whether the defendant is capable of providing a "substantively qualitative defense." Id. The Court explained that once a trial judge determines that a competent defendant has "knowingly and intelligently" waived the right to counsel, the dictates of Faretta are met, the inquiry is over, and the defendant may proceed pro se. ![]() Once a trial court has determined that a defendant has knowingly and intelligently waived his or her right to counsel, may that court nonetheless require the defendant to be represented by counsel because of concern that the defendant might be deprived of a fair trial if tried without such representation?Ħ98 So. In Bowen, the Court answered the following certified question in the negative: 1997), which illustrates the apparent difficulty trial courts are having in complying with the dictates of the United States Supreme Court's decision in Faretta the Court asked the Criminal Procedure Rules Committee to make suggestions for standardizing the courtroom colloquies that take place when a criminal defendant seeks self-representation and to consider whether Rule of Criminal Procedure 3.220(h)(1) should be amended. ![]() In light of the Court's recent decision in State v. The Criminal Procedure Rules Committee, in response to a request from this Court, has filed a petition for expedited review of a proposed amendment to Florida Rule of Criminal Procedure 3.111(d)(2)-(3).
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