Published Monthly by The Tallahassee Bar Association. Enhancing the ... arrantk @tallahasseebar.org .... John Bischof Tallahassee Bankruptcy Law Center.
THE • TALLAHASSEE
BAR BULLETIN Published Monthly by The Tallahassee Bar Association Enhancing the Profession • Promoting Fellowship • Serving the Community
President’s Message Kathy J. Maus, TBA President
t has been a great year to date as your TBA President, packed full of activities. In April, we hosted Gwynne Young and Walter “Skip” Campbell, the two final candidates for President-Elect of the Florida Bar. We were treated to a lively debate between the candidates, and our own members challenged the candidates with significant questions. It was great to see two such worthy candidates desiring this office, and we benefited from having them share their views with our members to enlighten their vote on the issue.
outcome (which was largely beneficial to our courts and their critically important judicial independence), the experience at the legislature was tremendously eye-opening in its own right. The manner in which bills are passed was very disheartening, especially when considering the manner and timing of each bill’s introduction, how they are amended with very little notice, only briefly considered and discussed, and voted upon in committee, often solely along party lines regardless of the positions asserted during the debate.
Gwynne Young, the newly elected President-Elect enjoyed our meeting so much, she recently advised that she would like to come back to speak with us again.
I know that many of our members have experience with the legislative process. But, if you haven’t, I encourage you to get involved. At least go watch a committee hearing and see what takes place. I am certain that the court system will be under attack again next session and we all, as lawyers, need to be ready for the attack.
Also during April, I had the pleasure of testifying in front of the House and Senate on various bills which threatened to impact the independency of our judicial branch of government. Regardless of the
In May, at our Law Day Celebration,
IN THIS EDITION: Board of Governor’s Report ......................... Page 3 Legal Aid Corner ............................................ Page 4 Law Day 2011 .................................................. Page 6
we honored Bob Ervin with the Justice Ervin Award. Bob was so deserving of this recognition and we are certainly lucky to have him as one of our own! He is the oldest active member of the TBA who happens to be the oldest living past president of The Florida Bar. He has two children who have followed in his footsteps and have become lawyers as well. Bob's dedication to professionalism and ethics, his concern that all have access to the courts and to justice, and his desire to mentor and promote others in the legal profession is what makes Bob Ervin worth of this award. When asked about his legal career Bob simply responds, “I’m lawyer.” Our June meeting speaker was Mary Ann Lindley, Tallahassee Democrat Editorial Page Editor. She discussed the attacks on the judiciary in the recent legislative session and what is expected for the future. TBA members enjoyed a lively question and answer session following her presentation. continued on page 2
Next TBA Meeting Tuesday, August 2, 2011 Capital City Country Club 6:00pm Networking Hour 7:00pm Dinner/Program Jon Jefferson – Author, Journalist, Filmmaker Cost: $25 TBA members/$30 Non-members
RSVP: 222-3292 or [email protected]
2011 Law For All ......................................... Page 8 YLS News ..................................................... Page 12
President’s Message continued
We are taking a meeting break during July so that each of our members can enjoy a long 4th of July holiday vacation. However, we will come back rested and refreshed for our August 2, 2011 meeting. We are pleased to have Jon Jefferson come speak with us in August. Jon is a veteran journalist, writer, and documentary film maker. His writings have been published in the New York Times, Newsweek, the ABA Journal, and USA Today, and broadcast on National Public Radio. He is also the writer and producer of two highly rated National Geographic documentaries about the Body Farm, the remarkable University of
Tennessee facility devoted to research on postmortem human decomposition - research that recently made national news in the Orlando murder trial of Casey Anthony. In collaboration with the Body Farm's founder, renowned forensic anthropologist William Bass, Jefferson has written two nonfiction books and six crime novels (five of them bestsellers) featuring the Body Farm. After moving to Tallahassee in 2009, Jefferson set the most recent novel, THE BONE YARD, in the Florida panhandle, inspired by numerous accounts of horrific abuse at
Professionalism Counts Someone said friends multiply joy and divide grief. Patti and I sincerely thank ya'll. Brought to you by the Professionalism Committee E.C. Deeno Kitchen, Chairman
Marianna's Dozier School for Boys. Reaching #24 on the New York Times bestseller list, THE BONE YARD (along with op-ed pieces by Jefferson in the Tallahassee Democrat, the St. Petersburg Times, and the Huffington Post) called widespread attention to the tragic failures of Florida's juvenile justice system. Come on out andhear Jon Jefferson speak, and purchase your own autographed copy of his most recent best-seller. I look forward to seeing you all in August!
2011 VOLUNTARY BAR LEADERS CONFERENCE Hosted by The Florida Bar Voluntary Bar Liaison Committee
July 15-16, 2011 Hyatt Regency Sarasota DEADLINES Reserve Hotel Rooms by July 1, 2011 Register for the Conference by Monday, July 11, 2011 For special assistance or dietary needs, contact Maria S. Johnson at (850) 561-5648 or via e-mail at [email protected]
Visit www.flabar.org for all the details Of this conference!
Professional one story office suite on Capital Circle NE available for lease. This beautiful 2,696 sq.ft., suite has a courtyard w/fountain, garden views, floor to ceiling windows, a conference room, reception area, large open work area, storage closet and 7 private offices as well as ample parking. Lease is available for all or part of the suite. Lease rate is $15 per sq.ft., plus janitorial services and utilities. Use of telephones, copy machines, facsimile machines, receptionist and additional conference rooms, if needed, is available for $18 per sq.ft., plus janitorial services and utilities. For more information contact Suzette at 224-3310. 2 • Tallahassee Bar Bulletin • July 2011
Board Of Governors Report MAY 27, 2011 William H. Davis
The Florida Bar Board of Governors met on May 27, following a full day of committee meetings held on May 26. The chief item of interest was, of course, the report on the recently concluded legislative session. Given the large number of legislative proposals of interest to the Bar, some of which were of truly historical significance for our judicial system, it had been the most challenging session in memory. For the most significant matters, it went down to the end of the session; and, in the end, many of the legislative proposals that were opposed by the Bar failed to muster sufficient votes for enactment or to be placed on the ballot for constitutional amendment. At the same time, a number of important and positive legislative goals, supported by the Bar, met with the success. Led by Florida Bar President Mayanne Downs, the Bar and its representatives and lobbyists worked very hard, throughout the session, to articulate the Bar's positions in the most effective manner possible, publicly and privately. In addition, many voluntary bar associations, Bar Sections, and individual lawyers contributed to this effort. Among the highlights: - Continuation funding for the Judiciary was appropriated, without the draconian cuts that were proposed at the outset of the session. - State funding to pay state-lawyer Bar dues was reauthorized, after having been barred last year. - The proposed constitutional amendment that was eventually approved by the Legislature, and that is going to voters, will not include a proposal to split the Supreme Court into civil and criminal divisions or add three new justices. Nevertheless, voters will get an amendment that requires Senate confirmation of justices, that makes it easier for the Legislature to repeal court procedural rules, and that would make it easier for House leaders to obtain information on judicial discipline from the Judicial Qualifications Commission. - Proposals to eliminate the Bar completely from its limited role of nominating lawyers to serve on the JNC's; and an “alternative” proposal dismissing all members of the current JNCs and allowing Gov. Rick Scott to appoint all new commissioners, died in the Senate on the last day of the session. As a result, the current system is left in place, including the Bar's role in nominating candidates for four of the nine seats on each JNC and the provision that JNC members serve staggered terms. Amid these and other successes and losses, in a session like no other before, a lot of experience was gained by all involved; and the Bar is already looking for ways to learn from that as we move towards next year's session. Preparation for that session will include the design and implementation of a new and improved communications plan. Probably the most far-reaching action item before the Board at this May meeting was the adoption of completely re-written advertising rules, as proposed by the Board Review Committee on Professional Ethics (on which both of us serve). These proposed, amended rules are now posted on the Bar's website and they will be submitted to the Supreme Court by July 5. Perhaps the major changes to be proposed to the Court will be that testimonials that are not misleading, and statements about past results that can be objectively verified, would be allowed; and that websites be expressly subject to all advertising rules, except that there would be no requirement that websites be submitted to the Bar for advance review. In developing these new rules, we worked for many hours over nearly a year, and we carefully considered a raft of comments from lawyers and others as various drafts were published. Throughout, we did our best to accomplish four overriding goals in our submission to the Court: simplicity, clarity, consistency, and legal defensibility. Among a lot of other actions, we also: - Heard a report on e-filing for the Florida courts from Supreme Court Clerk Tom Hall; - Approved President-elect Scott Hawkins' request for a commission to review the Bar's disciplinary operations; - Rejected, on the recommendation of the Program Evaluation Committee, a proposal that lawyers be prohibited from calling their non-lawyer employees “paralegals” unless those employees had become Florida Registered Paralegals with the Bar; and we, - Adopted a budget for the coming year that continues a decade-long streak of no increase in Bar dues. The Board of Governors next meeting is July 28 and 29, in Palm Beach.
WILLIAM H. DAVIS
July 2011 • Tallahassee Bar Bulletin •3
LEGAL AID CORNER
Thanks to all the attorneys who volunteered during the second quarter of 2011:
Attorney David Abrams Yaw Akuoko Steven R. Andrews Tom Beason John Bischof Carolyn Cummings Nancy Daniels Thomas Duggar John Forgas Matt Foster Harry Graham Amy Guinan Virginia Gulde Robert Harper, III Bill Jackson Fred Karlinsky Cameron Kennedy Jack Kiker Kim King Deeno Kitchen Loren Levy John Londot Joe Longfellow Jarian Lyons John Maceluch Sid Matthew Bruce May Jana McConnaughhay Fred McCormack Jessica McGrew
Thank you to the following attorneys and their firms for their commitment and time to ensure that everyone has access to justice regardless of their income. "I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God.” (Excerpt from The Oath of The Florida Bar)
Firm Law Office of David Abrams Statewide Lawyers, LLC Law Offices of Steven R. Andrews Fl. Dept. of Environmental Protection Tallahassee Bankruptcy Law Center Cummings Hobbs & Wallace Public Defender's Office Duggar & Duggar, P.A. Butler Pappas et al Brooks, LeBoeuf et al The Graham Law Firm, P.A. Florida Legal Services Nelson Mullins Riley & Scarborough LLP Harper & Harper Law Firm Dennis, Jackson, Martin & Fontela, P.A. Colodny Fass Talenfeld et al Corry & Kennedy, P.A. Williams Gautier Gwynn DeLoach & Sorenson, P.A. King & Wood, P.A. Ervin, Kitchen & Ervin The Levy Law Firm Greenberg Traurig P.A. Andrews, Crabtree, Knox & Andrews Parks & Crump, LLC Office of Statewide Prosecution Gorman & Matthew Holland & Knight, LLP Waldoch & McConnaughhay, P.A. Fred McCormack LLC Claire A. Duchemin, P.A.
4 • Tallahassee Bar Bulletin • July 2011
Attorney Dionne Meyers Elizabeth Miller Eric Milles Deborah Minnis Mitchell Scott Alex Morris Frank Myers Austin Neal Luke Newman Mark Nonni Greg Noonan Sawand Palmer Daryl Parks Theresa Proctor Robert Rivas Karusha Sharpe Scott Smiley Bridget Smitha Richard Smith James Sorenson Ruth Stone Karen Walker Amanda Wall William Wallis Rex Ware Bill Waters Harriet Williams Opal Williams Elizabeth Willis Ed Wood
Firm Florida Legal Services Law Office of Elizabeth A. Miller, P.A. Garvin Law Firm Ausley & McMullen, P.A. Fuller Mitchell Hood & Stephens LLC Villeneuve & Morris, LLC Pearson & Myers Foley & Lardner Luke Newman, P.A. Eubanks Barrett Fasig & Brooks Corry & Kennedy, P.A. Law Office of Sawand Palmer Parks & Crump, LLC Bryant, Miller & Olive Sachs Sax Caplan, P.L. Greenberg Traurig, P.A. Thompson Crawford & Smiley Greenberg Traurig, P.A. Dobson, Davis & Smith Williams, Gautier, Gwynn, DeLoach & Sorenson, P.A. FSU College of Law Public Interest Law Center Holland & Knight, LLP Law Office of Linda A. Bailey Butler Pappas et al Fowler White Boggs Banker, P.A. Waters & Associates Williams & McMillian, PA Ausley & McMullan, P.A. Law Office of Elizabeth Willis King & Wood, P.A.
LEGAL AID CORNER
A Special Thank you to those who have generously made a contribution to Legal Aid this year:
Brian J. Accardo
Mohammad O. Jazil
James S. Alves
Jonathan T. Johnson
Brian H. Bibeau Michael P. Bist
Jennifer Kilinski Brooke E. Lewis
Winston K. Borkowski
Richard S. Brightman
Joseph A. Brown
Robert A. Manning
Katie S. Buchanan
Frank E. Matthews
David H. Burns
Mari H. McCully
Neil H. Butler
Angela R. Morrison
Diane W. Carr
Julie M. Murphy
Paula L. Cobb
Jennifer L. O’Bryan
Robert S. Cohen
Eric T. Olsen
Jacob T. Cremer
Gary V. Perko
Brian A. Crumbaker Peter C. Cunningham Sandy D’Alemberte Virginia C. Dailey Ralph A. DeMeo Sarah M. Doar Jere L. Earlywine Michael C. Eckert Carl Eldred Robert M. Ervin Russell Gautier Judge Karen Gievers
Michael P. Petrovich David L. Powell Carolyn S. Raepple Timothy M. Riley Douglas S. Roberts D. Kent Safriet Gary P. Sams Amelia A. Savage Darby Scott Lynn S. Small Douglas M. Smith Dan R. Stengle
Vinette D. Godelia
Susan L. Stephens
Robert S. Goldman
Cheryl G. Stuart
William H. Green
Roy van Wyk
Wes S. Haber
Hopping Green & Sams Gary K. Hunter
Vicki L. Weber Palmer Williams July 2011 • Tallahassee Bar Bulletin •5
The Legacy of John Adams, from Boston to Guantanamo Bay - The 2011 Law Day theme provided us with an opportunity to assess and celebrate the legacy of John Adams, explore the historical and contemporary role of lawyers in defending the rights of the accused, and renew our understanding of and appreciation for the fundamental principle of the rule of law.
Law Day 2011
On Tuesday, May 3, 2011, Legal Services of North Florida and the Legal Aid Foundation in association with The Tallahassee Bar Association celebrated Law Day with a reception at the University Center Club. This annual celebration was an opportunity to recognize all attorneys of the 2nd Judicial Circuit who had given of their time and talent and to recognize the 2011 recipient of the Richard W. Ervin Equal Justice Award, Robert M. Ervin, presented for his lifelong dedication to serving Florida's justice system. Also recognized at this year's celebration was Judge Judith Warren Hawkins, who received the Parks & Crump, Thurgood Marshall Award which is given each year by Legal Services of North Florida in honor of a member of the judiciary who has shown leadership and judicial excellence in providing justice to the clients of LSNF. Also Marc Taps, retired attorney of LSNF, presented the Joy Aukema Taps Children's Advocate Award to Dr. Louis B. St. Petery, Jr. Chief Judge Robert T. Benton of the First District Court of Appeals addressed those in attendance at the program. A very special thank you to Parks and Crump Attorneys at Law who officially hosted the event and to Berger Singerman Law Firm and LexisNexis for their generous sponsorship of this event.
6 • Tallahassee Bar Bulletin • July 2011
JOHN O. WILLIAMS MEDIATION FAMILY LAW & CIRCUIT CIVIL 211 E. VIRGINIA STREET - TALLAHASSEE, FL 32301
PH 850-224-4510 FAX 850-224-3722 [email protected]
Board Certified Family Lawyer
July 2011 • Tallahassee Bar Bulletin •7
In celebration of the 2011 Law Week Legal Aid Foundation hosted the 9th Annual Law for All in the Courthouse. Nineteen volunteer attorneys provided free 30minute counsel and advice sessions to over 77 citizens on May 11. Area residents had an opportunity to discuss civil matters ranging from foreclosures to property disputes to wills at the Leon County Courthouse. The lawyers in our community donate millions of dollars of free legal services through the Legal Aid Foundation and Legal Services of North Florida to individuals who cannot afford an attorney. Law Week is celebrated each year to highlight the availability of this service and the importance of legal representation and access to justice regardless of income.
8 • Tallahassee Bar Bulletin • July 2011
Special Thanks to these Attorneys who participated in the 2011 Law For All
David Abrams Robert Apgar Judson Chapman Robert Churchill Carolyn Cummings Nancy Daniels Harry Graham Amy Guinan John Maceluch Fred McCormack Dionne Meyers Eric Milles Karusha Sharpe Bridget Smitha Elizabeth Teegen Harriet Williams Elizabeth Willis Ed Wood
Law Office of David Abrams Law Office of Robert Apgar Department of Highway Safety Law Office of Robert Churchill Cummings Hobbs & Wallace Public Defender’s Office The Graham Law Firm, P.A. Florida Legal Services Office of Statewide Prosecution Fred McCormack LLC Florida Legal Services Garvin Law Firm Greenberg Traurig, P.A. Greenberg Traurig, P.A. Law Office of Elizabeth Teegen Williams & McMillian, PA Law Office of Elizabeth Willis King & Wood, P.A.
RETIRED CIRCUIT JUDGE - OVER 45 YEARS EXPERIENCE Criminal Law DUI Family Law Child Support Probate Wills Trust Legislative Consulting
CHARLES D. MCCLURE ATTORNEY AT LAW
July 2011 • Tallahassee Bar Bulletin •9
10 • Tallahassee Bar Bulletin • July 2011
The Second Judicial Circuit of Florida Launches a New Website to Honor its Rich Heritage, http://www.leoncountyfl.gov/courthistory/index.php. By: Judge George S. Reynolds, III June 17, 2011, Tallahassee, FL., the Second Judicial Circuit of Florida has launched a new website, at http://www.leoncountyfl.gov/courthistory/index.php. Under the direction of Chief Judge Charles Francis, Court Administrator Grant Slayden and Court Historian Judge George S. Reynolds III, the new site, created by the Court's inhouse Webmaster Carolyn Novak, embodies the forwardthinking vision and commitment to the Circuit by preserving the area's cultural heritage. The new site offers: · video interviews with past judges ·
anecdotal accounts of the areas history
multiple photo galleries
The Circuit is encouraging the public to supply relevant content and photos. If you have stories or photos regarding our judicial history, please contact Judge George S. Reynolds III or Carolyn Novak, [email protected]
The project has been underway for several years and has involved the participation of many past and current judges and clerks of the Second Circuit. Judge Smith, Judge McClure, Court Administration, and myself, among others, have all contributed photos of previous investitures and courthouse functions. Loretta Galeener helped to set up the interview with Judge McCord and former Leon Clerk Dave Lang. Loretta is the real historian. She started work with former Chief Judge Ben Willis in 1958, right out of Leon High School. She has worked with 40 of the total 48 circuit judges of the Second Circuit and at least 17 of the Leon County Judges, as well as many outlying County Judges. Talk about Judge Willis; he was a major inspiration for myself and many others regarding the history of our circuit. He was always willing to share stories of past judges. Some were humorous and some were instructive. It was nice to know judges in the past faced many of the same issues we do today. Many have heard the story of the judge who was rude to a lawyer in the courtroom and then polite, sociable and apologetic later over a drink. The lawyers love where the judge apologizes to the lawyer for his statements in court and the ending with the lawyer's retort, “I am tired of these public reprimands and private apologies.” The next step is to get as many photos of old courthouse events and personnel as possible. When we do get photos, we scan them and then return the originals to the owner. Also, we intend to do more videos of the older judges. My hope is to get Judge Jimmy Joanos and Judge Rufus Jefferson on video in the next several months. Once again, if you have anything you want to contribute to the new Website, please contact us.
BIO: www.dbksmn.com FL SCt Cert.Civ.Cir.Mediator
Tallahassee, Orlando, Tampa
RICHARD A. TANNER, ESQ. Certified Mediator
MEDIATION (Per Advertisers Request)
July 2011 • Tallahassee Bar Bulletin •11
Kathy Maus 894-4111
James E. Messer, Jr. 422-7773 Melissa VanSickle 434-9200 John Maceluch, Jr. 414-3476
J. Stanley Chapman 222-2900
Jana McConnaughhay 385-1246
Richard B. Collins 671-4357 Ben Crump 224-6400 Will Hall (YLS Rep.) 926-0914
Thomas L. Powell (Sr. Rep.) 224-1452
EX-OFFICIO DIRECTORS William H. Davis Marilyn K. Morris (LAF) 224-2683 425-8310 x 100 Terrell C. Madigan Larry Sellers 224-8623 425-5671
Sunita Smith 273-0888
Tallahassee Bar Association Leon County Courthouse 301 S. Monroe St., Suite 108 Post Office Box 813 Tallahassee, FL 32302 Phone 222-3292 Fax 222-3864
Ben Bush 385-0070
Darby Scott 402-0672 Matt Bernier 224-1585
Andrew Manko 222-0398
Acima Blagg 222-8121 X102
Ben Gibson 625-7601 Steve Messer 422-2420 Greg Noonan 222-7100 Martin Powell 606-6000
Lauren Ryan (LS Rep.) Robert Scott 222-7777 Rebekah Smith 385-5000 Mary Linzee VanLuven 386-3300
Clint Wallace 264-3245 Michael T. Ruff Immediate Past President 800-929-7168 x3154
YLS Christmas in July Saturday, July 23, 2011 Sean Desmond
Skating party, games, presents and food for was sworn in as the local foster children. Donations are needed to new YLD President make this a success. Please mail contributions to: TBA YLS, PO Box 813, Tallahassee, FL 32302
during the Florida Bar Annual Meeting in June.
If you would like to help please contact Darby Scott at 222-7500
The July YLS Board Meeting will be July 28th at 6 p.m. at Level 8 The August YLS Board Meeting will be August 25th at 6 p.m. at Harry's in Kleman Docket Call Plaza Upcoming Young Lawyer Socials
Don't forget to join us on Facebook: http://www.facebook.com/group.php?gid=79192256835
12 • Tallahassee Bar Bulletin • July 2011