O'NEIL v. Monroe County Circuit Court

¶ 1. Assistant Public Defender Patricia O'Neil and the Office of the State Public Defender appeal from an order assessing the cost of impaneling a jury against O'Neil. The trial court imposed the fees on O'Neil when she requested an adjournment on the first day of trial rather than proceed without her expert witness. Because we conclude that the trial court erroneously exercised its discretion when it ordered O'Neil to pay the jury costs, we reverse.

BACKGROUND

¶ 2. O'Neil represented Christopher Murphy, who was charged with one count of first-degree sexual assault of a child. In response to…