Ruthena Williams, Etc. v. The Honorable C. P. Rubiera

RONEY, Circuit Judge:

This suit sought a United States district court declaratory decree that state welfare fraud defendants are constitutionally entitled to appointed counsel in cases in which the sentence is a fine, but not imprisonment. Such misdemeanor defendants are entitled to counsel under Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972), if the sentence may be imprisonment. The alleged pattern and practice in Florida as to convicted welfare recipients, however, is to place them on probation and order them to pay back a portion of the defrauded funds each month.…