JACKSONVILLE, Fla. — Grand jury findings released Tuesday are asking that Public Defender Matt Shirk to step down.
This follows months of investigations into mismanagement and inappropriate behavior.
READ THE FULL GRAND JURY REPORT HERE
In the presentment, the grand jury does not indict Shirk for any crime. If Shirk does not resign, the grand jury "...request… the Governor consider the removal of Shirk from office should he not resign therefrom. The Grand Jury does not believe that simply waiting for the next election cycle in 2016 or allow the political process to intervene adequately addresses the immediate needs of the community."
Jeri Bustamante, spokeswoman for Gov. Rick Scott, released the following statement:
"With no charges filed, it is for the voters of the 4th judicial circuit to decide who will serve as public defender."
In 2012, the grand jury investigated potential misconduct between Shirk and some women in his office and drinking taking place in Shirk's office, which is against city law. The grand jury forwarded its findings to Gov. Rick Scott and the Bar Association.
Shirk's attorney Gene Nichols released the following statement:
"We are pleased the Grand Jury did not indict Mr. Shirk for any crime. It is unfortunate they have called for his resignation based upon what amounts to a two-month time period out of six years as Public Defender. The Grand Jury chose to ignore years of good work performed by Mr. Shirk … "
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Nichols also said that Shirk has no plans to resign.
But the grand jury had "far more serious concern" about the way Shirk mishandled the defense of Cristian Fernandez, a 12-year-old charged with killing his brother in 2011. During an interview for a foreign documentary, Shirk said, "Let me tell you what Cristian told me."
According to the grand jury, “It is clear Fernandez’s statements, should they have actually occurred, were privileged communication to his attorney. The Grand Jury was not provided with any credible evidence … that Fernandez ever authorized a waiver of attorney-client privilege.”
While recommending Shirk's ouster, the grand jury wrote, "To allow Shirk to remain in office for one more day than is absolutely necessary, exposes citizens of this community to unnecessary financial and legal risk."
Becky Barlow, who plans to run for the office of Public Defender, released this statement:
"The Grand Jury has recommended Matt Shirk either resign or be removed from office. This recommendation has great support not only in fact but in logic. My decision to run for his position was based only upon his misconduct and my respect for the Office of Public Defender. The citizens of Clay, Duval and Nassau county deserve a dedicated and professional defense attorney. I have dedicated my entire career to defending the Constitutional rights of those accused of crimes. I have also served to monitor the conduct of other attorneys by serving on the Florida Bar Grievance Committee. It is a shame this type of committee cannot take action against Matt Shirk."
Shirk emailed a letter Tuesday to his entire staff. Action News obtained a copy of Shirk's email that reads in part, "While I do not agree with many of the factual findings in the Presentment, I respect the process and the work performed by the Grand Jury. I have no intention of getting into a public debate with their findings.
"However, I do want to take this time to express my most sincere apologies to each of you, as I have done with my family.”
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