Summati
The
Escambia/Santa Rosa Bar Association
Volume 3 / Issue 3
North by Northwest Solving the Mystery of Your Local Legal Services Programs
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September 2014
page 14
Domestic Partnership Registry Professionalism Grievance Process • Wall of Honor First Year Constitutional Officers Updates September 2014 www.esrba.com The Summation 1
Inside
Escambia-Santa Rosa Bar Association 216 South Tarragona Street, Suite B Pensacola, FL 32501 Phone: 850.434.8135 Fax: 850.436.8822 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009 Executive Director Michael Doubek mike@esrba.com Editor Patricia Buchanan Wright patriciabwright@aol.com Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Any article herein may be reproduced provided credit is given both to The Summation and the author of the article. Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor. Due date for all advertisements, articles, and announcements is the 1st of the month for the issue you wish to advertise in. Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing. “The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.” Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.
Judge Terry Terrell Judge Charles J. Kahn Brooke Jones Gerald McGill Caroline Peterson Lisa York Susan Woolf
Jason Boatwright Benjamin Stevenson Clara Smith Paula Walker Tami Stokes Debra Bass Carrie Cromey
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The
Summation
11 . First-Year Updates 14. North by Northwest 17. NALA Convention 18. Domestic Partnership Registry 19. The Road From Kalamazoo To The Florida Justice Association 20. Judge’s Preferences 22. Wall of Honor 24. Veterans Court Graduation 26. Professionalism Grievance Process 28. Photos 29. High-Flying Vets
In every issue 3. From the President 4. Chief’s Corner 5. New Members / Announcements 6. Board of Governors 8. The Bottom Line 10. Ask a Lawyer 21. News From the Court 30. News From the Clerk 31. Classifieds / Calendar
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From the President
THE ESRBA IMPACTS THE COMMUNITY By JAMES WEBER
One of the goals of the Executive Council is to demonstrate to all area attorneys the importance of becoming a member of the ESRBA and continuing that membership every year. The ESRBA deserves the support of all attorneys. The ESRBA plays a significant role in countless law related activities and events. Some are often overlooked. An example is the ESRBA’s support of and participation in the Naturalization Ceremonies conducted by the Federal Judiciary four or five times every year. The ceremonies are usually officiated by Chief Judge Casey Rodgers, and in her absence by other Federal Judges, including among others, Judge Lacey Collier and Judge Roger Vinson. They are assisted by one other Federal Judge or Magistrate (Magistrate Judge Miles Davis has participated in the last two ceremonies) and by a State Court Judge, on a rotating basis. The last two State Judges were Judge Ross Bilbrey and Deputy Chief Judge of Compensation Claims David Langham. One of the privileges of serving as President of the ESRBA is the opportunity to participate in the naturalization ceremonies by introducing the keynote speakers. In just two months as President I have had the honor of becoming acquainted with and introducing both Dr. P.C. Wu of the
Pensacola City Council and Dr. Judith Bense, President of UWF. Our Association routinely secures the keynote speaker, coordinates the participation by the State Judiciary, and assists in the reception. I wish everyone of you could have the personal experience of participating in a naturalization ceremony. Each ceremony is a very moving and meaningful experience. There are usually between 75 to 100 candidates representing 35 to 45 different countries. The ceremonies have certainly caused me to be much more appreciative of my good fortune of having been born in America. It also reinforces my belief that two of the main factors that separates America from the rest of the World is our adherence to the rule of law and the important part that lawyers play in this process. It is lawyers like you that help make it possible for all citizens to enjoy life, liberty and the pursuit of happiness. We can all be proud of the efforts of attorneys in helping to make America the great country that it is. The Executive Council looks forward to serving each of you for the remainder of this year and we welcome your input with respect to any and all issues that impact the ESRBA. Thank you for permitting us to be of service.
September 2014 www.esrba.com The Summation 3
Chief’s Corner
NEW COURT FACILITIES? By TERRY D. TERRELL
Continuing improvement of court facilities is either in the works or within the realm of possibility in the foreseeable future at several court facilities in the First Judicial Circuit. Construction is underway to build out the shell space in the M.C. Blanchard Judicial Center. The project is funded with Local Option Sales Tax (LOST) revenues that have accumulated during the current Escambia County voter approved LOST collection period. Upon completion of this project in early 2015, the 1998 expansion of Blanchard Center will be built out. The construction is adding a courtroom equipped for jury trials on both the third floor and the fourth floor of the judicial center. On the west wing of the fifth floor several different needs are being addressed. A large civil jury trial courtroom is being built. Each of the new courtrooms will be equipped with some of the most current technologies which should be useful for practitioners who prefer digital presentations. Two judicial suites, each of which have a conference room, a judge’s office, and a judicial assistant’s office, are included. Two magistrates’ suites with separate hearing rooms and secretaries’ offices are being built as well.
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The Okaloosa County Commission has approved, in concept, remodeling and improvement to the Courthouse in Crestview. The project may range from interior redesign and re-arrangement to expansion of the facility, depending upon approved funding. The plan, at a minimum, will improve security and interaction between the public and participants in court proceedings. And in the corner of “hope springs eternal,” the voters in Santa Rosa County will have an opportunity this fall to decide whether to approve funding and the site of a long overdue and very much needed new court facility. While we continue to do business in the old court facility in downtown Milton, the citizens who come to the Santa Rosa County Courthouse for jury duty continue to be remarkably flexible. They cope with an outdated, far less than comfortable facility. That facility taxes court personnel in accommodating the multiple demands of scheduling and the varied security demands of different proceedings. Hopefully, the New Year will be populated with evident signs of progress to accommodate all our citizens who use court facilities across the Circuit.
New Members Michael V. Andry State Attorney, First Judicial Circuit 190 Governmental Center Pensacola, Florida 32502 (850) 595-4779 Mike.andry@gmail.com Christine S. Cook Christine Sue Cook, LLC 890 S. Palafox Street, Suite 109 Pensacola, Florida 32502 (850) 572-7159 christine@christinescook.com Hunter R. Higdon James L. Chase & Associates, PLC 101 E. Government Street Pensacola, Florida 32502 (850) 434-3601 hhigdon@chaseattorneys.com Andre Lama Michles & Booth, P.A. 501 Brent Lane Pensacola, Florida 32503 (850) 438-4848 alama@michlesbooth.com Mark “Antoine” Pecko State Attorney, First Judicial Circuit 190 Governmental Center Pensacola, Florida 32502 (850) 595-4777 mapecko@gmail.com Anita B. Schonberger University of West Florida 11,000 University Parkway Pensacola, Florida 32514 (850) 474-3420 aschonberger@uwf.edu
Announcements JUDGE MANEY RECEIVES AWARD Okaloosa County Judge T. Patterson Maney is the 2014 recipient of the prestigious Harvey Ford Award and was honored at this year’s Florida Conference of County Court Judges. The award is considered the highest honor presented by the Conference each year, as it recognizes one county court judge in the state for their dedication of service to their community, to the legal profession, and to the Conference itself. The award is named for Broward County Court Judge Harvey Ford, who died in 1995, and was known for his outstanding and dedicated community and professional service. JASON WADDELL WINS MEMBER OF THE YEAR Waddell & Waddell, P.A. is proud to announce Jason Waddell, a Board Certified Florida Elder Law attorney, was recently awarded the 2013-2014 Florida Bar’s Elder Law Section Member of the Year during the Florida Bar’s Annual Conference in Orlando, Fla. Mr. Waddell received the award for outstanding service to the Florida Bar’s Elder Law Section. In addition to his dedicated advocacy for the aging and elderly, Jason has taken on a comprehensive expansion of the Elder Law Section Continuing Legal Education conferences, he has served as an invited speaker for both regional and statewide elder law events, and over the past four years he has developed an elder law mentoring program that is now mirrored by other Florida Bar sections and legal organizations throughout the United States.
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Collaborative Divorce 101 for Legal Professionals and Support Staff Commercial Foreclosure & Local Practices of 1st Judicial Circuit of Florida Discovery - Techniques & Update eDiscovery & Digital Forensics Ethics - The Grievance Process & UPL Practicing in Tribal Court, Brad Stinson, Esq. Public Records Requests Social Security Disability Laws Tax Consideration for Plaintiffs Update on Wills and Power of Attorney Laws
September 2014 www.esrba.com The Summation 5
Board of Governors Report from
THE FLORIDA BOARD OF GOVERNORS By STEPHEN ECHSNER
The Florida Bar Board of Governors met on July 25, 2014. The major actions of the board and reports received included: The terms of a $6 million loan to The Florida Bar Foundation were approved to offset low IOTA income and to be used for grants to legal aid agencies and to implement technology to improve the delivery of legal services to the poor. The Foundation can request the first of two draw downs on Aug. 15. Interest payments begin one year after the first draw down with principal repayments beginning no later than January 2018. The loan is due in-full seven years after the first draw down. The Aug. 15 issue of The Florida Bar News will provide additional details. The Family Law Section of The Florida Bar, representing 4,107 members who voluntarily joined the section, has received approval of its request to join in an amicus brief in the appeal of a 13th circuit court ruling involving an attempted divorce of a same-sex couple who legally married in Massachusetts but who now reside in Florida. In Shaw v. Shaw the trial judge would not enter a divorce decree for the couple because by statute and constitutional provision Florida does not recognize same-sex marriages. The dismissal of the case has been appealed to the Second District Court of Appeal (Case No. 2D14-2384). The Florida Bar, a mandatory organization with 98,922 members, will not and cannot take a position in this appeal. Amicus brief filings by a voluntary Florida Bar section, though requiring approval by the Bar’s governing board, are advanced solely with the voluntary dues and separate resources of those subgroups and clearly advocated in the section’s name only. A proposed amendment to Rule 3-5.1(h) was approved regarding attorneys who voluntarily cease practicing pursuant to a consent agreement while the Supreme Court considers their discipline cases. In certain instances 6 The Summation www.esrba.com September 2014
when the court makes a short suspension retroactive, some lawyers have completed their suspension before the court rules and are automatically reinstated to practice. The new amendment clarifies that those lawyers still are required to notify their clients in writing of the suspension. A new board certification area of Juvenile Law was approved to be submitted to the Supreme Court as a rule amendment in October. Previously approved by the Board of Legal Specialization and Education as a joint proposal from the Public Interest Law Section and the Legal Needs of Children Committee, the certification encompasses special knowledge, skills and proficiency and professionalism and ethics in practice. Juvenile law is the area of law that inherently and directly impacts children. It includes, but is not limited to, dependency, delinquency, and termination of parental rights matters. It does not include adoption matters or matters arising in the context of family law proceedings not consolidated with dependency or termination of parental rights matters. Former Florida Bar President Ray Ferrero, Jr. announced that Florida Lawyers Mutual Insurance Company is establishing an endowment to promote law office management, technology and professionalism in celebration of the company’s 25th anniversary. Ferrero, FLMIC’s chairman, said FLMIC and Bar officials will be meeting to determine the details for the endowment’s use. FLMIC’s primary objective is to provide to qualified attorneys practicing in Florida a financially sound, stable and perpetual source of lawyers professional liability insurance. The company is owned by its insured Florida lawyers, Pedro Allende of Miami was appointed to a two-year term in the ABA House of Delegates.
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The Bottom Line
EDUCATION VS. EXPERIENCE By MICHAEL W. HADLEY, CP
We have all heard the arguments for and against hiring someone with experience versus hiring someone with a strong academic background. The success guru himself, Donald Trump, says that it is his understanding that while knowledge is certainly essential, “the key to success was experience, not education.” For each of us that have been passed over by a potential employer in favor of a candidate with more experience, this is a painful subject. Indeed, nearly every professional employment specialist and consultant will tell you the same thing, that experience is more attractive to those seeking help in their business than someone with a good education. The reason this particular problem is so one-sided for employers is simple: it is a risk to hire a “smart” candidate with no on-the-job training. Hiring a fresh out of school superstar, while certainly enticing, is a major risk. This is especially so for a law firm where the potential for disaster also carries with it a malpractice feature. The upside to hiring an “A” student with great academic achievements and accolades is that it gives the employer an opportunity to mold an unbiased, untrained legal machine. There have been no developed or learned preconceived notions about how things are “supposed” to be done and chances are, depending on the candidate, you will get a lot less resistance with respect to learning new things. A person with no experience at all is capable of being shaped and genuinely interested in learning what it takes to succeed in their new environment. The teachers and professors have done their job and made sure that the student is ready. Consider what could be some of the applicable and relevant benefits to hiring a person with a great education and no experience: 1) proven ability to recognize and solve problems; 2) understands the importance of deadlines; 3) proven ability to learn complex or difficult subject matter; 4) proof that the individual is motivated and has drive; 5) proof of intelligence; and 6) has credible qualifications. Arguably some of these same characteristics can be learned by those who have gained real world experience
and on the job training, but not always. In addition, a person having a suitable education versus years of experience will likely be able to move up the corporate ladder at a more accelerated pace. Often it takes degrees, certifications, membership in certain associations and other similar activities in order the gain the type of notoriety that earns promotions. This is true when an employer is looking for someone to advance. Bosses want people with the proven drive to promote themselves and that advocate their own position within the firm. They are not just seeking out the one who shows up every day, makes the best coffee, and has the most friends. Employers want someone who will make the firm better than it was without that person. It largely comes down to finding an employer that is willing to take a risk. Ultimately, most employers are not willing to invest the time and effort it takes to mold a beginner. While it is arguable that having education and no experience will make for a much better “sponge,” it is not a guarantee. I was fortunate enough to find an attorney who was actually looking for someone to train. It is important to remember that most firms are not looking to spend the first month or two training an educated employee how to file pleadings, monitor docket activity, and how to format certain documents correctly. In fact, most law firms claim not to have the valuable time and resources that are necessary for training a new employee that has zero experience. Obviously, the best of both worlds (education and experience) would allow you the flexibility to interview for a wider range of positions and give you the desirability that employers are searching for. Keeping in mind that not all experience is valuable, e.g., the person who has held seven positions in eight years; experience does not always win out over education. The truth is that most employers are looking for an educated person who also has experience. Put yourself in that position and success will follow. And that’s the Bottom Line!
EMPLOYERS WANT SOMEONE WHO WILL MAKE THE FIRM BETTER THAN IT WAS WITHOUT THAT PERSON. 8 The Summation www.esrba.com September 2014
September 2014 www.esrba.com The Summation 9
Ask a Lawyer
THE SECOND AMENDMENT VS. MARIJUANA LAWS Amendment Two Up in Smoke? By CHRIS RABBY Will low-dose marijuana laws have any effect on gun rights? The short answer is that the Feds won’t sell you a gun, but the U.S. Supreme Court will let you have a concealed firearms permit… Confused? Many states have decided to allow low-dose marijuana/THC for treatment for medical purposes. So is a “State legal” user allowed to purchase a firearm? The answer from the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) is, “No!” Federal law currently outlaws possession of a firearm by “unlawful user” of, or person addicted to any controlled substance to possess a firearm (Title 18 U.S.C. §922(g)(3). The penalty is the same for a convicted felon possessing a firearm, a maximum of 10 years in prison. In an open letter, September 12, 2011, to the Federal Firearms Licensees the ATF determined “that regardless of whether his or her State has passed legislation authorizing marijuana
for medical purposes, a person is an unlawful user and is prohibited by Federal law from possessing firearms or ammunition.” The potential purchaser is required to answer that they are such a person on question 11.e on the firearm purchase form 4473. The ATF prohibits a firearms dealer to sell a “pot card holder” firearm(s) or ammunition. Has the U.S. Supreme Court weighed in on this issue? The high court has allowed possession of a firearm by a person with a medical marijuana card. The U.S. Supreme Court inferred legal possession of a firearm and even a concealed weapons permit by a medical marijuana card holder by declining to hear a case from Oregon. There, Jackson County, Oregon, Sheriff Mike Winter refused to issue a concealed gun permit to admitted marijuana user Cynthia Willis in 2008. She appealed that decision and was issued a concealed weapon permit by the state appeals and Oregon Supreme Court. The Sheriff’s Petition for Writ of Certiorari to the United States Supreme Court was denied, making the Oregon ruling the current law. (132 S.Ct.199(2012) What’s a citizen to do? This issue will certainly be brought before the court again with more states legalizing marijuana in some form and the confusion between the court and the ATF. My advice, after 20 plus years as a criminal defense lawyer, is to not mess with the feds. Even though the Supreme Court impliedly allows possession of a gun by a legal user, you do not want to be the person with your name on the case before the Court five years from now. This information is not intended to be a substitute for obtaining legal advice from an attorney. No person should act or rely upon any information in this article without seeking the advice of a qualified attorney.
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FIRST-YEAR UPDATES By DON SPENCER, MIKE DOUBEK & PATRICIA BUCHANAN When each of these officials took office last year, The Summation spoke with each and discovered their aspirations and goals for office. Now, we check back in with them for a look at what has changed, what has improved and what goals have evolved.
DON SPENCER It is hard to believe it has been over 18 months since coming into office. We have met all of our goals that were set during the campaign. We have put the county’s monthly expenditures over $10,000 on the Clerk’s website as the monthly vendor check register. We no longer have three Chief Deputies; we only have one Chief Deputy and a Chief of Staff. We were awarded the Certificate of Achievement for Excellence in Financial Reporting (CAFR) by the Government Finance Officers Association of the United States and Canada. We received a clean audit for the Clerk’s office and the county for FY 2013. We have started our back posting project in the Recording Department so our records will be able to be seen online back to 1960. We have initiated online foreclosure sales and, in the near future, we will have online tax deed sales. We are now totally paperless and we no longer take files to the courtrooms. Our Judges use SmartBench for access to the Clerk files while in their office or in the courtroom. Our monthly paper expenses have gone from $845 FY11/12 to $790 FY12/13 to $340 FY13/14. Our expenses for court file folders have gone from $10,047 FY11/12 to $10,963 FY12/13 to $0.00 FY13/14. We are now able to use these savings to enhance customer service to the public. Over the past 18 months through our e-filing, our office has received 188,338 documents filed electronically from attorneys filing in both the Civil and Criminal courts. This past month, the Florida Courts E-Filing Authority added self-represented litigants
as parties that can now file through the Portal, making electronic filing available to parties represented by counsel and representing themselves. We are also receiving e-citations online. We have updated our finance case management system and are in the process of going to a paperless timesheet. We plan to also implement the paperless time sheet on the Board side of the County. We have added a Collection Department to assist with collecting fees and keeping people on their partial payment plan. Our office does not send bills to individuals who have signed up for the partial payment plans so we have set up an automatic system that calls the customer and reminds them of their next payment due date. The system also sends the customer an e-mail notice that reminds them of their payment. We are offering automatic payments in the form of automatic bank draft and automatic credit card payments to help assist our customers. We have implemented a business dress code, suggestion box for employees and customers, tightened requisition procedures and have a new CLERICUS test server. We cancelled a failed scanning project with Micro Graphics and saved the Clerk’s Office money. The Clerks Association (Florida Clerk of Courts and Comptrollers) is in the process of setting up a KIOSK system for Santa Rosa County, which will allow individuals to pay their traffic citations through the KIOSK. The Clerks Association is also in the process of updating our jury selection program which will provide easier access for our citizens of Santa Rosa County. There was a 30 percent turnover in the Clerk’s office when I came into office. We lost over 30 employees a year. We have addressed this by getting our managers and employees involved in our department. We hold bi-weekly meetings with the managers and monthly meeting with the employees. I attend these meetings and listen to our employees’ ideas and problems. We have reorganized the Clerk’s Office and reclassified the employees to higher pay grades. Our supervisors and employees have been sent to training, which they had never been able to attend in the past. We have the employees involved in the decision-making process of the Clerk’s Office, which lets them know they are part of our team. This concept has worked; we have increased employee morale and improved customer service. Over the last 12 months, we have had four employees leave. One retired, two
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left for better paying jobs and one moved to Orlando to be with her husband. Our turnover rate has gone from 30 percent to less than 4 percent. We are scanning our old records in Archives for public viewing. We are in the process of setting up a smart phone app for the Clerk’s office. The Office of the Clerk of the Court received a 100 percent accuracy rating on our Computerized Criminal History Audit by the Florida Department of Law Enforcement (FDLE). This Clerk’s records were audited to ensure that staff were making informed decisions regarding firearm purchase eligibility, concealed weapon permits and licensure for certain sensitive professions. We also received a Certificate of Achievement for a perfect score on passport compliance from the U.S Department of State Passport Services. We have updated our web page to include our mission statement, weekly court schedule, monthly investment reports, tax deed surplus, financial statements, monthly vendor check register, unclaimed jury payments and press releases. After 240 hours of new clerk training, I became a Certified Clerk of the Circuit Court by the Florida Supreme Court in March 2014. We are constantly setting new goals and facing the challenges presented to the office by the Florida Legislature with a positive and can-do attitude. The office operates under a team concept and together we make a difference to our customers. This is a fantastic job! We have a wonderful staff of employees that make the office operate smoothly. The Santa Rosa County Clerks office would not function as well as it has the last 18 months without the devoted employees that work in the Office of the Clerk of the Court in Santa Rosa County.
BRUCE MILLER After 18 months on the job, our First Judicial Circuit Public Defender, Bruce Miller, is more optimistic than ever that the Public Defender’s (PD’s) Office is heading in the right direction. When asked to evaluate the progress of the office through the initial transition phase, Miller spoke of both the progress that can be easily measured and the progress that is harder to quantify.
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The measurable progress items are many. They include: reallocating staff resources to cover caseload demands in the different counties within the circuit; reducing the number of redundant administrative positions to free up money to hire additional attorneys; realigning legal assistant positions so no legal assistant supports more than two attorneys (for added efficiency, those two attorneys appear before the same judge); establishing a buddy backup system for legal assistance to handle unforeseen circumstances; adding an in-house mitigation specialist position to handle death penalty cases; and last but not least, operating within budget parameters especially with regard to “due process costs.” Miller said, “We are ahead of the curve in the state with our in-house mitigation specialist.” The First Circuit’s mitigation specialist is unique in that most of the PD offices in the state outsource this function with expert witnesses, at great expense. Another major accomplishment has been the implementation of e-filing. This involved training staff in six separate PD offices to successfully e-file with the four different Clerk of Court Offices throughout the circuit. All of these changes positively affect the ability of the Public Defender’s office to efficiently and effectively represent their clients. “We now have a more streamline office and administrative structure,” said Mr. Miller. The progress that is harder to measure relates to office personnel. It includes the professionalism, skills and friendliness of the staff. From day one, Mr. Miller has stressed that the PD’s office belongs to the citizens of the counties and all the staff who work in the offices throughout the circuit. He feels that this sense of ownership is gradually taking hold among the PD employees. He has an open door policy and welcomes anyone in the office to come in and discuss ideas to improve operations or morale. There has also been an increased emphasis on professionalism and skill development. A joint professionalism seminar with the State Attorney’s office and regular presentations from private sector attorneys have been used to assist in this development. The April jail explosion and subsequent reassignment of inmates to other facilities did present some logistical challenges and uncertainty for attorneys, staff, clients and client’s families. Inmate relocations temporally decreased some efficiency as travel times increased, but attorneys adjusted and things are slowly getting back to normal. Continuing challenges within the PD’s office include the loss of experienced attorneys to the private sector. “It is the nature of this agency - we cannot be competitive with the potential salary earnings of private sector attorneys,” commented Miller. Not only does this turnover result in the
loss of experience and caseload efficiencies, it requires resources be spent on recruiting and training new attorneys. Another constant challenge is to improve the public perception that PD offices are independent agencies with an ethical duty to represent their clients without influence from the rest of the judicial system. Without this community trust and understanding, the job of defending clients becomes increasingly difficult. Looking forward to the second half of his term, Bruce Miller will continue to work to keep the momentum on the progress the office has made so far. Recognizing that skills training and professionalism development are key, and budgets always a concern, they are looking for ways to provide more in-house continuing education opportunities for attorneys and staff. With the recent rollout of electronic filing and the pending implementation of Smart Bench, the office looks to continue to embrace technology and reduce paper flow. Whether through efficiencies, staff development, resource reallocations or employee ownership, Miller’s number one priority is to continue to improve the image of the Public Defender’s Office and serve the citizens of the First Judicial Circuit.
PAM CHILDERS When The Summation interviewed our Clerk of Court Pam Childers after she took office last year, there were several challenges that faced the Clerk’s office and the personnel who serve there. Now one and a half years later, Pam Childers sums up the vision of meeting these challenges she previously enunciated as “vision accomplished.” Not only “accomplished,” but within proscribed time limits set for each challenge, and some ahead of schedule. That says a lot for her leadership, and it speaks volumes about the dedication of the personnel who serve the Court, the legal community and the public every day. Benchmark came first. The new case maintenance software was implemented in the criminal divisions in December 2012, one month before Childers took office. Benchmark went live in the civil divisions during May 2013.
E-filing was next. Mandatory e-filing in all civil cases went into effect April 1, 2013. Mandatory criminal e-filing was phased in from October 2013 through February 2014. There has been in-house training, as well as opportunities for attorneys and their office staff to be educated by Clerk personnel on the intricacies of the e-portal. Susan Woolf, General Counsel to the Clerk, had some good insight into understanding the electronic filing system. What many of us may not realize is that the Clerk is dealing with a dual filing system that involves the old-fashioned paper file, along with the electronic data system. For the past 20 months, the Clerk has had to docket and maintain both an electronic file and a hard file, printing every single document filed through the e-portal to create the hard file. Eventually, almost all paper files will be eliminated; everything will be electronically generated and maintained. One important take-away is that e-filing is not instantaneous with the docket or the Court file. After the pleading is submitted through the e-portal, there is still work to be done processing the filing, docketing it electronically, and creating the paper that is then filed in the hard file. We can assist our judges by bringing a copy of whatever motion we are traveling on or whatever pleading brings us to court to be resolved at a noticed hearing. The next step is the implementation of the judicial viewer software called SmartBench. The SmartBench software will be utilized by the judges, judicial assistants, and clerk personnel to electronically view pleadings and cases. Importantly, implementation of SmartBench will complete the electronic circle, so that files and pleadings can be moved electronically between the Clerk and the courts. This step will enable the Clerk to move to an almost paperless and more efficient system. Lastly, we have all noticed changes in the various forms that the Clerk requires in order to access court files. The bottom line is that access to a court file is determined by a person’s status in a particular case. An attorney of record and a party has greater access than someone off the street that wants information from a file. In all, Pam Childers and her staff of professionals have made huge strides in bringing the Escambia County Clerk’s office into the 21st century. Challenges there have been, and challenges there will continue to be, but we practice in a well-ordered circuit, and in a forward-thinking county. The Summation will continue to bring the Bar progress reports on what the Clerk is doing to facilitate practice before our Courts.
September 2014 www.esrba.com The Summation 13
NORTH BY NORTHWEST Solving the Mystery of Your Local Legal Services Programs By LESLIE POWELL A potential client walks into your office, in great need of legal help but no means to pay a fee. You look at the stacks of files on your desk and the calendar showing little room to breathe. No, you decide, now is not the time to take on a pro bono case. How can you help her find help? Where can she go? Legal Services, of course! But, there’s two legal services firms. Which is the right one? Can it possibly be both or is this a case of mistaken identity? Within this tale, you will uncover the mystery of Legal Services of North Florida and Northwest Florida Legal Services – your local tandem of legal services law firms. Where did they come from? What do they do? How are they different? How do I get this person in need to them? And how are they like Cary Grant hanging from the presidential faces of Mt. Rushmore? Florida’s two westernmost legal services programs serve our community by providing free legal assistance to those with little income and other vulnerable populations, such as victims of domestic violence, children, senior citizens, veterans, those who are homeless, and persons with disabilities. Where did they come from? While American legal services has existed in some form for more than 150 years, it was almost 50 years ago, with the War on Poverty, that it began to grow into a tool to level the playing field for those living in poverty. Forty years ago, the Legal Services Corporation became the largest entity supporting legal services to the poor through a comprehensive federal plan - a mechanism to achieve the goal of making the access to legal representation fair. In 1976, Legal Services of North Florida (LSNF) began with two attorneys serving Leon County, then expanded to serve Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Liberty, Wakulla and Washington counties by the end of the decade. LSNF’s Ft. Walton Beach office opened in the early 1980s, serving Okaloosa and Walton counties. The Pensacola office opened in 2004. In 1978, the Escambia Legal Aid Society, a voluntary pro bono program, evolved into Northwest Florida Legal Services (NWFLS). NWFLS recently expanded its elder law assistance to Okaloosa and Walton counties. Why are there two? Before 2004, both LSNF and NWFLS received funding from the Legal Services Corporation (LSC). In the early 2000s, LSC regionalized its funding in Florida, limiting it to only one nonprofit firm per region. The firms worked together to coordinate the changes in funding, with LSNF receiving the LSC grant and the Florida Bar Foundation increasing its funding to NWFLS with funds it previously gave to LSNF. The resulting change for those in Escambia and Santa Rosa counties was the expansion of
14 The Summation www.esrba.com September 2014
LSNF by opening an office in Pensacola. The collective goal of both programs continues to be to best use our different resources to serve low-income and those in need in our two counties, and to positively impact those who are victimized or living in poverty. What do they do and what are the differences? In 2004, LSNF and NWFLS divided their services so that, essentially, NWFLS’ focus was family law and service to senior citizens, while LSNF’s focus was on housing and consumer matters. Over the past 10 years, this division has become a little grayer in response to funding opportunities and the needs of our community. In 2004, following Hurricane Ivan, LSNF received a grant to respond to disaster-related legal issues. In 2005, LSNF began representing children in foster care and dependency – helping with things like placement, education, mental health needs, immigration, juvenile delinquency, identity theft, debt collection, taxes and probate. In 2009, LSNF received funds to represent domestic violence victims and, in 2010, began receiving funds to assist victims of sexual violence. In 2007, LSNF expanded its Low-Income Taxpayer Clinic to include the First Circuit. In 2008, as a result of the foreclosure crisis, NWFLS began receiving funds to assist with foreclosure defense. In 2010, in the wake of the oil spill, LSNF received funds to assist low-wage earners, including small businesses, and subsistence fisherman in their oil spill claims. Even with these variations, the original differences in kinds of cases still holds true. NWFLS handles predominantly family law, with some foreclosure and elder law cases. LSNF handles predominantly housing and consumer cases, with some family law cases where domestic or sexual violence is involved. Fortunately, if it’s still clear as the middle of a cornfield being crop-dusted, both firms work together to help make sure a client gets to where he or she needs to go for help. Where do I go to learn about pro bono opportunities? Either and both! Both LSNF and NWFLS are always on the lookout for pro bono volunteers. Recent studies have shown that legal services programs nationally are only able to provide the requested assistance to about 20 percent of those who are eligible. With the help of pro bono attorneys, paralegals and other volunteers we are able fill some of that gap and provide advice and representation to more families in need. In addition to referring individual cases, both LSNF and NWFLS sponsor various legal clinics to help meet the need. NWFLS sponsors twice monthly dissolution of marriage clinics with the help of pro bono volunteers. LSNF sponsors the VA Stand down clinic each October, and works with the Escambia/Santa Rosa Bar Association (ESRBA) to organize the Law Week Clinic each spring and the Advance Directives clinics that started earlier
this year. LSNF continues to explore funding opportunities to develop a pro bono legal helpline similar to the one already working in its Tallahassee office. Other opportunities may be available at both firms as needs and resources change. See http://www.lsnf.org/pro-bono-attorneys for more information, including how you can select a pro bono case online.
partnered with AmeriCorps to bring in volunteer attorneys for annual commitments to work to end poverty in our community with little expense to the firm. This kind of innovation, paired with the support of those in our community, allows us to maintain services and move forward with our vision of fairness not just within our legal system, but fairness in accessing it as well. And with this mystery solved, LSNF and NWFLS will continue to work together, and with the ESRBA, to help those in need in the Pensacola Bay Area.
What about the potential client in my office? Depending on her legal issue, you should have her contact one of our offices. We’ve tried to narrow down what we do in hopes you can get her to the right place (see Table). Both offices are handled by local Legal Services Programs Cases handled by local Cases Legal Services Programs opened Monday-Thursday beginning Acceptance level dofetermined service determined available and merit of case) (Note: A(Note: cceptance and level and of service by available by resources and resources merit of case) at 8:30 am, and for emergencies Kind of Case North Florida (LSNF) Northwest Florida (NWFLS) on Fridays. Both offices even have Bankruptcy Yes No websites that allow for on-line requests for services: www.LSNF.org Debt Collection Yes Limited and www.NWFLS.org. And how are they like Cary Grant on Mt. Rushmore? The principles reflected in the faces of four of our country’s greatest leaders, with their spirit of democracy, equality, and justice serve as great examples of the vision of legal services. Is there a better foundation to climb in these challenging and changing times? In 1994, the American Bar Association conducted a study that demonstrated that less than 20 percent of the legal needs of lowincome Americans were being met. Studies done since have found the same “justice gap:” • for every applicant receiving assistance by a legal services program, another was turned away due to lack of staff and resources; • for every 6,415 low-income persons there is only one legal aid attorney; • in the population generally, there is one attorney for every 429 persons . With reductions in IOTA funding since the housing bust, paired with reductions in federal funding, the ability to serve those in need is becoming increasingly challenging. LSNF and NWFLS persevere by expanding our use of technology, selfhelp clinics and pro se forms. LSNF
Foreclosure
Yes
Yes
Domestic Violence
Yes
Yes
Landlord-‐Tenant disputes
Yes
Limited
Income Tax disputes
Yes
No
Dissolution of Marriage
Limited
Yes
Title Issues
Limited
Limited
Ejectment
Limited
Limited
Eviction Defense
Yes
Limited
Eviction by Landlord
No
Elders only
Expungement
Limited
No
Paternity
Limited
Limited
Repeat Violence
Yes
Yes
Stalking
Yes
Yes
Sexual Violence
Yes
Yes
Immigration
Limited
Limited
Contract disputes
Limited
Limited
Disaster claims
Yes
Limited
Veterans Assistance
Yes
Limited
Oil spill claims
Limited
No
Name Change
Limited
Limited
Children -‐ dependent
Yes
No
Education Rights
Yes
No
Class actions
No
No
Parents in dependency
No.
Court appointment only
Custody Disputes
Limited
Limited
Child Support
Limited
Limited
September 2014 www.esrba.com The Summation 15
16 The Summation www.esrba.com September 2014
THE TOP 5 REASONS YOUR PARALEGAL SHOULD ATTEND THE NALA CONVENTION By LYDIA BRACKETT, ACP, FRP & KRISTINE HILL, ACP, FRP
Every summer, the National Association of Legal Assistants • Paralegals (NALA), offers its three-day Annual Convention and Summer Educational Institutes. This year’s convention was in Charleston, S.C. Did your paralegal attend? Or perhaps the question is, why should your paralegal attend? Here are our top five reasons why your paralegal should attend the next NALA Convention, gleaned from our past decade of involvement with NALA and the NALA conventions. 1. Duty of Competence. Like attorneys, paralegals have a duty of competence. According to NALA’s Code of Ethics and Professional Responsibility, Canon 6: A paralegal must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal service. NALA Certified Paralegals, and all members of the Northwest Florida Paralegal Association, agree to be bound by this Code of Ethics as part of their application for membership in the NWFPA. This duty is also expressed in the Florida Registered Paralegal’s Rule 20-7.1(f). The in-depth, substantive continuing education presented by NALA’s Institutes, discussed below, provides this competency. a. NALA’s CP program has received National Accreditation. NALA’s benchmark of competence has been recognized by the National Commission for Certifying Agencies (“NCCA”), and its Certified Paralegal designation is the first paralegal certification program ever accredited. NCCA standards are consistent with The Standards for Educational and Psychological Testing (AERA, APA, & NCME, 1999) and are applicable to all professions and industries. 2. NALA’s Institute Format. For the past several years, NALA has offered an “all-Institute” format for the continuing education classes. This year, the following Institutes were offered: Anatomy of a Case, Corporate, Intellectual Property, Essential Skills, Discovery, and Elder Law. With this format, attendees attend their chosen Institute all three
mornings of the Convention, providing up to nine hours of continuing education credit. This allows the speaker(s) time to cover advanced concepts related to the topic and explore different formats to present the material. For example, during the first two days of the “Anatomy of a Case” Institute, the speakers (an attorney/paralegal team) provided practical strategies for managing a “real life” litigation matter from the beginning to the end of the case, including techniques for effectively handling case management orders and scheduling orders, electronic discovery, depositions, budgeting and cost management, trial exhibits and trial witnesses. On the final day of the Institute, attendees took part in a mock motion hearing, presided over by Mikell R. Scarborough, Charleston County Master-in-Equity, in which the attendees enacted the different roles presented in the scenario and were able to utilize the Institute’s information through a practical demonstration. 3. Nationwide Networking Opportunities. From all across the United States, including Alaska and the Virgin Islands, paralegals from law firms ranging in size from firms with international branches to sole practitioners, and paralegals from the public and private sectors working in all areas of law converge at NALA’s convention to share information, best practices, software tips, and much more. The Convention offers the opportunity to learn from one another and collect resources for the future. When you are looking for a process server, court reporter, investigator in another state that you can rely on, a contact made at the convention is only an e-mail away. Because the convention is offered at a different location in the continental United States each year, paralegals also have the opportunity to experience and appreciate the diversity of culture each location adds to the convention experience. 4. Essential Skills. The Essential Skills Institute is offered at each convention. Composed of legal research, judgment and analytical ability, communications and ethics, this course is designed for paralegals interested in taking NALA’s certification exam or for those interested in refreshing these skills. By passing NALA’s voluntary CP exam a paralegal demonstrates to an employer that he or she has met NALA’s rigorous educational standards requisite to performing paralegal duties. Law firms recognize the value and profit from billing for paralegal services. NALA’s CP designation is prima facie evidence substantiating current market rates. 5. The NALA Convention builds soft skills. Soft skills are crucial for a successful paralegal and are an important contribution to a law office. The NALA Convention provides attendees with many opportunities to further leadership and public speaking skills through its member meetings, its LEAP (leadership) program, Affiliate Exchanges, and Member Exchanges. In 2015, NALA will celebrate its 40th anniversary with the Annual Convention in Tulsa, Oklahoma, and it promises to be a spectacular event. Plan to take advantage of the multiple offerings at the convention that will add value to your paralegal, and your firm.
September 2014 www.esrba.com The Summation 17
DOMESTIC PARTNERSHIP REGISTRY By AURORA OSBORN, CP The purpose of this article is to explore two potential issues our legal community may face after the City Council of Pensacola passed the Domestic Partnership Registry (“DPR”) legislation. In December of 2013, Pensacola became one of seven Florida cities to implement a DPR. As of July 29, 2014, a total of 62 heterosexual and same-sex DPR applications have been filed with the City’s Clerk. Before exploring the potential issues, it is helpful to review the DPR’s “nuts and bolts.” The requirements for effectuating registration are set forth in Pensacola, Florida, Code of Ordinances § 5-3-2 (2013) (“Ordinance No. 41.13”). Applicants must pay a $60 registration fee, present a valid form of identification, and sign an “affidavit of domestic partnership.” The form affidavit states that: 1. Each person is at least eighteen (18) years old and competent to contract; 2. Neither person is currently married under Florida law or is a partner in a domestic partnership or a member of a civil union with anyone other than the co-applicant; 3. They are not related by blood as defined in Florida law; 4. Each person considers himself or herself to be a member of the immediate family of the other partner and to be jointly responsible for maintaining and supporting the registered domestic partnership; 5. The partners reside together in a mutual residence; 6. Each person agrees to immediately notify the City Clerk, in writing, if the terms of the registered domestic partnership are no longer applicable or if one of the domestic partners wishes to terminate the domestic partnership; and 7. Each person expressly declares their desire and intent to designate their domestic partner as their healthcare surrogate and as their agent to direct the disposition of their body for funeral and burial. Once the requirements of § 5-3-2 have been satisfied, the newly registered domestic partners become entitled to a limited number of rights within the confines of the City of Pensacola. These rights are outlined in § 5-3-5 of Ordinance No. 41-13 and include the following: 1. Health Care Facility Visitation; 2. Health Care Decisions; 3. Funeral and Burial Decisions; 4. Correctional Facility Visitation Rights; 5. Notification of Family Members; 6. Preneed Guardian Designation; and, 7. Participation in Education. The above-listed rights and powers, although limited in scope, provide registrants with important freedoms and
18 The Summation www.esrba.com September 2014
authority; however, as with any new authoritative decree, the legal community is confronted with unforeseen circumstances. For example, and in connection with 2, 3, and 6 above, the legislation makes clear that any statutory forms or designations that are properly executed after the date of registration shall control over the DPR designation. This provision may lead a reasonable person to conclude that the registration process wholly voids or revokes any former designation or appointment. Many properly executed statutory forms also contain safeguards and instructions that are more far-reaching than the limits of the DPR benefits and their termination provisions do not contemplate the possibility of a DPR designation. This quandary is further exacerbated by the possibility that an event that would invoke DPR benefits may occur in a jurisdiction, e.g. Escambia County or Santa Rosa County, that does not recognize the City’s DPR rights. It is unknown what, if any, effect the DPR will have on such previously and properly executed forms. Another potential issue that may occur in the domestic arena is concerning item 7, the “Participation in Education” (of dependents) provision. This section affords a domestic partner all of the same rights a biological parent has “to participate in the education of a dependent of the registered domestic partnership.” These rights, however, are fully dependent upon the consent of the biological parent not party to the registered domestic partnership and whose parental rights have not been terminated. It is possible, if not probable, that the implementation of these rights may create an influx of domestic disputes based on the principle of consent. The issue is whether consent is assumed unless and until an objection is raised and whether there is any duty of disclosure to the biological parent not party to the domestic partnership. Many support the progress the City of Pensacola has made in recognizing the legitimacy and importance of domestic partnerships and believe such recognition is timely and consistent with current legal trends occurring contemporaneously across the state. In fact, three state Circuit Court Judges in Monroe, Miami-Dade, and Broward counties recently held that Florida’s ban on same-sex marriage is unconstitutional. On August 21, 2014, U.S. District Judge Robert L. Hinkle, of the Northern District of Florida, ruled in favor of same-sex marriage and, in support thereof, stated, “Tolerating views with which one disagrees is a hallmark of civilized society.” Should the rulings be upheld, a transformed landscape of marriage and family will present legal professionals with new issues and circumstances to contemplate.
THE ROAD FROM KALAMAZOO TO THE FLORIDA JUSTICE ASSOCIATION: Troy Rafferty takes the helm as President of the State’s most prestigious plaintiff’s trial lawyer organization By VIRGINIA M. BUCHANAN, ESQUIRE
When Troy Rafferty was a two-year-old toddler playing in the sandbox at his Kalamazoo home, his future law partner Lefferts L. Mabie, Jr. was being sworn in as president of the Academy of Florida Trial Lawyers, the predecessor to the Florida Justice Association (FJA). Fast forward 43 years, and Troy was elected President of the same organization, on June 17, 2014. It is only one of Troy’s numerous accomplishments, but this one stands out. It is quite an achievement to be tapped to lead the most active and engaged trial lawyer organization in the state. He previously served on the Young Lawyers Board of Directors, the Board of Directors and Executive Committee of FJA. He also currently serves as President of the Mass Tort Trial Lawyers Association. When asked about his goal for FJA during his one year term, he said, “My goal is to ensure that the courts are accessible to every citizen and that we preserve the right to a trial by jury. These are battles that are fought in Tallahassee every year and the FJA is at the forefront of trying to protect these fundamental rights that have made our country’s legal system the envy of the world. Through the passage of pro-consumer legislation, we can help ensure that every person has access to a fair and even playing field in the court system. That is my goal.” Tom and Sharon Rafferty didn’t know they would be responsible for raising the first lawyer in the Rafferty family when he was born to them in 1969, joining two older brothers, Tim and Tucker. He had a solid and loving upbringing and parents who encouraged him to work hard and be a good person. He has described his late father as “the nicest person in the world,” and he means it when he says it. Troy received an undergraduate degree in International Relations from Michigan State, followed by graduation Magna Cum Laude from Valparaiso University, where he was a member of the law review. A week after graduation, he literally jumped in his car and drove down to
Pensacola to start work at Levin, Papantonio. Pensacola instantly became “home.” He says he is “simply proud to be a trial lawyer.” He adds, “After 20 years of practicing, I love being a trial lawyer every bit as much now, if not more, than I did when I first started. I believe that being a lawyer and in particular a trial lawyer is a gift we have been given. We need to cherish it and make sure we preserve this profession for those who come after us.” All of the accolades would mean little without his lovely wife Ashley, a highly respected local artist, and their eight-year-old daughter, Lilly. Troy describes Ashley as his hero and his inspiration and “the best” wife and mother. Lilly follows in her parents’ entrepreneurial steps as a leading fundraiser for the American Heart Association at her school. Troy is a friendly and engaging person and yet a tenacious advocate. Although his work requires a lot of travel and long hours, he makes time to enjoy family and friends. You will find him during football season either celebrating or mourning his beloved Notre Dame football team, oftentimes with a Fighting Irish mug in hand and an unlit cigar in his mouth, as he paces between downs and challenged calls. He has taken all the Manti Te’O jokes in stride. At work, he and Leo Thomas are regularly involved in verbal skirmishes, creating much laughter for the spectators. His immediate family and his extended Levin, Papantonio family are all proud of Troy and are eager to see what the year ahead brings to the FJA under Troy’s leadership. Congratulations, Troy.
September 2014 www.esrba.com The Summation 19
Judge’s Preferences
JENNIFER J. FRYDRYCHOWICZ Each month we will publish detailed information on one of our First Judicial Circuit and County Judges. This edition, we are featuring Judge Jennifer Frydrychowicz..You can also find this information and preferences for all First Circuit Judges at www.firstjudicialcircuit.org.
Escambia County Judge: Division: IV Judicial Assistant: Hayley D. Faulkner M.C. Blanchard Judicial Building, Sixth Floor 190 Governmental Center Pensacola, FL 32502 Phone: 850-595-4427 Fax: 850-595-0383
PLEASE NOTE: Please do not fax more than ten (10) pages without first calling for permission to do so. COURT CALENDAR County Court is set on a five week cycle. Below is a general guideline for Division IV’s calendar: Week 1: Arraignments (8:30 a.m.) and Video Appearances (1:30 p.m.) ~ Five (5) days. Week 2: Arraignments (8:30 a.m.) and Video Appearances (1:30 p.m.) ~ One (1) day. PLEA DAY (8:30 a.m.) ~ One (1) day. Judge Trials and/or Motions (8:30 a.m. & 1:30 p.m.) ~ One (1) day. VOPS (Violation of Probation Hearings) (8:30 a.m.) ~ One (1) day. Week 3: Judge Trials and/or Motions (8:30 a.m. & 1:30 p.m.) ~ Two (2) days. FINAL PLEA DAY (8:30 a.m.) ~ One (1) day. Week 4: Jury Selections (8:30 a.m.) ~ One (1) day. Jury Trial ~ Four (4) days. Week 5: Jury Selections (8:30 a.m.) ~ One (1) day. Jury Trial ~ Four (4) days.
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SUBMITTING MOTIONS AND SCHEDULING HEARINGS Any matter to be considered by the Judge should be in the form of a motion file with the Clerk of Court. Copies should be provided to all parties on record with a courtesy copy supplied to the Judge by email. Please provide copies of case law at least 24 hours prior to the scheduled hearing. It is the responsibility of the moving party to set the motion for hearing and to coordinate that hearing with the Judge’s office and all counsel of record. If a party needs to request a continuance after a motion has been set, the moving party is withdrawing the motion, or the motion is conceded, please let opposing counsel and the Court know as soon as practical. Motions must be filed in a timely manner as to allow the opposing party sufficient time to review, determine if subpoenas are necessary and if so, permit sufficient time for service. As a general rule, motions requiring witness testimony should not be set less than twelve days out from the date of Notice. ARRAIGNMENTS/TRAFFIC/VIDEO COURT If an attorney or defendant requests an appearance date be reset, he or she must provide written proof supporting the reason for the request. The document may be emailed or faxed to the Judge’s office. After review, the attorney or defendant will be contacted with a decision. FAILURES TO APPEAR All warrants will remain outstanding until served unless placed on “hold” or recalled for sufficient reason, subject to approval of the Judge. PLEA DAY/MOTIONS TO CONTINUE Personal appearances by the attorney of record, if any, and defendant are necessary. Any request to waive an appearance should be requested by written motion and filed at least two days prior to the scheduled hearing date. Motions to Continue must include a proposed Order and should be filed with the Clerk of Court at least two days prior to the scheduled hearing date. Said Orders should contain the correct reset dates. If the opposing party has no objection, and the case has not been previously continued, no hearing will be required.
News from the Court
SUPPORT OUR VETERANS By KERI IGNEY
On September 26, 2014, in Ft. Walton Beach, and on October 24, 2014, in Pensacola, Veterans in need of service will gather to Stand Down. “Stand down” is a military term meaning relaxation from readiness or alert. In active duty, this means a break to re-group from the stresses of combat - the opportunity to renew their spirit, health and overall sense of well-being. For our local homeless and at-risk veterans, it means much the same - a chance to re-group from the stresses of homelessness and instability to be served by our community. Included among these services are a Veteran’s Court (staffed by the State Attorney, Public Defender, Clerk of Court, Sheriff Deputies, Police department personnel, and Judiciary) to address outstanding misdemeanors and warrants; and a Civil Legal Clinic (staffed by pro bono attorneys, paralegals and students) to help our veterans address their civil legal problems. Legal Services of North Florida asks local attorneys to mark their calendars to join one of these events (additional details below). The legal issues are broad and varied so any expertise you have is important. The greatest legal need usually involves housing
issues, government benefits and family law. In the legal clinic, attorneys will provide advice to veterans, giving many much needed direction. No commitment is required after the event, although some attorneys do take cases for further representation. If you would like more information or to volunteer for either event please contact: For Ft. Walton Beach, Brian Norback: Brian@LSNF.org; For Pensacola, Leslie Powell: Leslie@LSNF.org. Seventh Annual Okaloosa Walton Homeless Veterans’ Stand Down 26 September 2014 First Presbyterian Church, 134 Beal Pkwy SW, Fort Walton Beach, FL 32548 2014 Escambia Santa Rosa Veterans’ Stand Down 24 October 2014 VA Joint Ambulatory Care Center (JACC) 790 Veterans Way - Pensacola, FL 32507 (off of Hwy. 98 between Navy Blvd. and Blue Angel Pkwy.)
September 2014 www.esrba.com The Summation 21
Wall of Honor
JAMES NIXON DANIEL, JR. By W. SPENCER MITCHEM
James Nixon Daniel, Jr. was a kind, quiet and brilliant man, destined from birth to be a success at whatever profession he chose. He came into the world in Chipley, Fla. on the 22nd of March, 1927. He was the son of James Nixon Daniel and Villeta McGeachy Daniel. His father was one of North Florida’s most outstanding attorneys for more than 40 years. His uncle, R.A. McGeachy moved to Milton, Fla., to practice law in the early part of the 20th century and became a well-respected jurist. Nixon often said that as a teenager his dream was to become a lawyer and to practice with his father. When Nixon graduated from high school in 1945, World War II was not over. He enlisted in the United States Army Air Corps and spent most of the year of 1946 in Japan as part of the Army of Occupation. Nixon wrote his sister that receiving letters from home was the highlight of his day. His sister asked her friend Christine Zeigler, a student at Florida State University, to write him also. Nixon enjoyed their correspondence so much that when he returned home, he arranged to meet her. Their courtship began. They continued to date and to correspond during the next three years while Nixon was a student at Washington and Lee University. At the end of three years his excellent grade point average and credit hours were sufficient to enable him to transfer directly to the University of Florida Law School. He married Chris and entered law school in 1949. In his third year Nixon was editor-in-chief of the Florida Law Review. He was Phi Beta Kappa as was his father before him and his sons Nix and John after him. When Nixon graduated from law school in 1951, he received a job offer from the firm of Yonge, Beggs and Lane in Pensacola, Fla. Nixon had intended to return to Chipley to practice law with his father. However his father thought that this offer was a great opportunity and urged Nixon to accept. Subsequently, Chris and Nixon moved to Pensacola and started a family. They had four children, Nix, John, Ed and Susan, all of whom live in Pensacola. Nixon and Chris were devoted to their children. They saw to their schooling, attended their various school and church events and spent countless hours boating, fishing and skiing. Susan is the Corporate Secretary-Treasurer of Gulf Power Company. Ed practices dentistry. Nix and John are partners in
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Beggs and Lane where Nix has been the managing partner for the past 16 years. Shortly after joining the firm, Nixon’s legal career began to flourish. Nixon was universally liked. He had a charismatic way about him. With a smile and a few soft words, he made judges, jurors, clients and fellow attorneys admire and trust him. In 1956 he became a partner in the firm. Shortly thereafter he succeeded Mr. J.E.D. Yonge as general counsel and a member of the board of Mutual Federal, the largest savings and loan association in Northwest Florida. Under Nixon’s direction, Beggs and Lane closed all of Mutual’s loans for many years. Nixon spent countless hours with the firm’s young lawyers. He taught them how to examine an abstract, prepare loan documents and handle clients at the closing. He also communicated the value of adhering to the highest ethical standards. He and his partner Bert Lane always said, “If you have to ask if a certain course of action is ethical, don’t do it.” Nixon frequently said that it was important to do what was right and equally important to do it for the right reason. During his career Nixon served his profession as President of the Society of the Bar of the First Judicial Circuit and as a member of the Florida Board of Bar Examiners and of the Florida Bar Board of Governors. He served his community as a member of the board of Baptist Hospital, Inc. and as president of the Children’s Home Society, Pensacola Junior Chamber of Commerce and the Pensacola YMCA. Active members of the First Baptist Church, Nixon and Chris led Sunday School classes, Bible studies and mission efforts. He was a vice-president of the Florida Baptist Convention and vice-chair of the Board of Trustees of Southeastern Baptist Theological Seminary. Nixon became the managing partner at Beggs and Lane in January of 1975. Unfortunately his tenure was short lived. In February of that year he suffered a major heart attack. He recuperated at home for two months. On May seventh, he returned to the firm for a short visit. While talking to his friend Bert Lane, he suffered a second major attack from which he did not recover. Nixon’s untimely death at the age of 48 was tragic, not only for his family but also for his law firm, his church and his community.
Concentrating in:
• Federal Civil Service Law • Business & Real Estate Law • Florida Public Employee Pensions www.FederalCivilServiceLaw.com 504 North Baylen Street • Pensacola, Fl 32501 Office: 850.434.9922 • Fax: 850.432.2028
September 2014 www.esrba.com The Summation 23
VETERANS COURT GRADUATION By MICHAEL DOUBEK
On June 16th I had the honor to attend the first Veterans’ Court graduation held in Okaloosa County. The graduation ceremony was a combination court proceeding and celebration as three veterans with criminal charges levied against them had those charges dismissed after successfully completing treatment and other court-ordered conditions. The graduation was presided over by the Honorable T. Patt Maney and witnessed by elected officials, senior court administrators, Veterans’ Court appointed mentors, family and friends. The Okaloosa County Veterans’ Court, also known as a Veterans’ Treatment Court, was set up in 2010 under the supervision of Judge T. Patt Maney. Judge Maney, a retired U.S. Army Reserve brigadier general, was severely wounded in Afghanistan in 2005 and spent 20 months recovering at Walter Reed Army Medical Center. Judge Maney said the experience “left me sensitive and sympathetic to the plight of some 200,000 wounded warriors with traumatic brain injury, and their families and their communities and veterans in general.” He then came up with the idea of working with homeless veterans in court, spearheading a “Stand Down”
24 The Summation www.esrba.com September 2014
event in Okaloosa County. He also wanted to build on and codify this combination of compassion for our veterans and court related business. During the 2012 Florida Senate session, the Senate passed the T. Patt Maney Veterans Treatment Intervention Act; creating a pretrial veterans’ and service members’ treatment intervention program. The program takes into account a veteran’s service and creates an opportunity to avoid recidivism and criminal records that would limit their future opportunities. The Okaloosa County Veterans’ Court Program, which has worked with defendants for every county in the circuit, deals with misdemeanors and third degree felony cases. It was established to serve veterans struggling with treatable behavioral, mental, or chemical health problems as a result of trauma experienced while serving in a combat/war zone. The court is a voluntary 12-18 month program which promotes sobriety, recovery, restoration and stability, through a coordinated response involving cooperation between all stakeholders in the process. There is a specialized court docket for veteran defendants that substitutes traditional court process with a problem solving model. Partner organizations that make the program successful include the U.S. Department of Veterans Affairs, the First Judicial Circuit Court of Florida, the Okaloosa County State Attorney’s and Public Defender’s Office, the Okaloosa County Department of Corrections, to name a few. The Veterans’ Court services include one-on-one judicial supervision, group evaluation by the collaborative team, intensive probation supervision, employment and housing assistance, medication monitoring, counseling and mentoring. The mentors are themselves veterans who take their responsibility very seriously. During the June 16th ceremony, the mentors of the three graduating veterans stood before the court and recited the Veterans’ Court Mentor Creed: “I am forever conscious of each veteran under my charge, and by example will inspire him or her to the highest standard possible. “I will strive to reintegrate my veteran back to society. “I will live by the credo ‘leave no veteran behind’ and will give them the support only I, a veteran can give. “I will never forget that I am responsible to my fellow veterans, the Veterans Treatment Court program and the law.” To those three graduates of the Veterans’ Court that day, I congratulate you on your accomplishment and wish you the best for a productive and happy life. For those veterans currently in the program or about to enter it, I admire your courage and fortitude. To all veterans, I say thank you.
September 2014 www.esrba.com The Summation 25
FIRST JUDICIAL CIRCUIT ADOPTS PROFESSIONALISM GRIEVANCE POLICIES & PROCEDURES The First Circuit Professionalism Committee was established in response to an Order of the Florida Supreme Court for each Circuit to constitute a professionalism committee. The Chair of the First Circuit Professionalism Committee is appointed by the Chief Judge of the First Circuit. The Chair appoints the members of the Committee. The purpose of the First Circuit Professionalism Committee is to promote and encourage professional behavior by the lawyers practicing in the First Circuit. This is accomplished through education, social events, CLE, and any other means deemed appropriate by the Committee. Pursuant to its charge, the Chief Judge of the First Circuit has assigned to the Committee the task of developing and implementing the following professionalism grievance policies and procedures. 1. Purpose of the Policies and Procedures Pursuant to the Order of the Florida Supreme Court, “In Re: Code for Resolving Professionalism Complaints,” Case No. SC13-688, Fla. S. Ct., June 6, 2013, each Circuit must devise a plan for resolving disputes where a person believes a lawyer has acted in a manner less than the high standards of professionalism expected of lawyers in the First Circuit. These procedures do NOT apply to complaints by lawyers about judges. Complaints about judges are to be directed either to the Administrative Judge for the County, the Chief Judge of the Circuit, and/or the Florida Judicial Qualifications Committee. It is the goal of these policies and procedures to provide an effective, yet informal, procedure to resolve disagreements over the professionalism of lawyer behavior. 2. Make-up of the Panels a. There shall be two Panels, each appointed by the Chair of the First Circuit Professionalism Committee. One Panel shall consist of persons from Escambia or Santa Rosa Counties, and shall be designated Local Professionalism Panel West (“LPP-W”). One Panel shall consist of persons from Okaloosa or Walton Counties, and shall be designated Local Professionalism Panel East (“LPP-E”). b. Each Panel shall have a chair, plus four members selected from the First Circuit Professionalism Committee. c. The terms of the members of the two Panels shall be set at the discretion of the Chair of the First Circuit Professionalism Committee. 3. Procedure for initiating a complaint a. Any person may file a confidential complaint by mail to the First Judicial Circuit Trial Court Administrator, 5th Floor, M.C. Blanchard Judicial Center, 190 Governmental Center, Pensacola, FL 32501. The outside of the envelope shall state the following in bold letters: CONFIDENTIAL
26 The Summation www.esrba.com September 2014
DOCUMENT FOR CIRCUIT PROFESSIONALISM PANEL. The outside of the document shall also state in bold letters either: LPP-EAST or LPP-WEST, depending on which Panel is to receive the claim. i. Claims concerning attorneys in Okaloosa or Walton Counties shall be designated LPP-EAST. ii. Claims concerning attorneys in Escambia or Santa Rosa Counties shall be designated LPP-WEST. b. A form for such complaints is attached as Attachment 1 to these Policies and Procedures. The form may be changed at the discretion of the First Circuit Professionalism Committee. c. The First Judicial Circuit Trial Court Administrator shall forward the envelope, unopened, to the chair of the appropriate Panel. d. The Chair of the Panel shall refer the complaint to a member of the Panel by random selection to investigate and mediate the complaint, and report the results to the Panel. If unable to initiate the investigation within five business days, the investigating member shall refer the matter back to the Chair of the Panel who shall assign a different member at random. i. If, within 10 days after receipt of the complaint, the Chair determines investigation by the Panel would be inappropriate, the Chair of the Panel may appoint a Special Investigating Member from outside the LPP to investigate and mediate on behalf of the Panel. The Special Investigating Member may thereupon take whatever steps he/she deems necessary and appropriate. e. The Investigating Member or the Special Investigating Member shall provide a copy of the complaint to the attorney. 4. Investigation, resolution and appeal a. Within 10 days of receipt of an assignment by the Chair, the attorney assigned to investigate the claim shall communicate with the complaining party and the attorney(s) involved and determine if any further action is appropriate. The investigating attorney has the discretion to help the parties meet a mutually agreeable resolution of the dispute. b. If within 30 days of the assignment from the Chair, the investigating attorney and the parties cannot resolve the dispute, the investigating attorney shall report, in writing (or e-mail) to the Chair of the Panel. c. Within 30 days of receipt by the Chair of a report that the investigating attorney and the parties are unable to resolve the dispute, the Chair of the Panel shall call a meeting of the Panel (the Panel can meet in person, telephonically or through e-mail) to consider the report
of the investigating attorney and determine what action, if any, may be appropriate. Within 20 days of a meeting of the Panel to find a resolution of an unresolved dispute, the Panel shall issue a report and recommendation to the party(s) involved in the dispute. d. Within 10 days from receipt of the report and recommendation by the Panel, if either the complaining party or the party complained against is not satisfied with the resolution of the Panel, they may appeal to the entire First Circuit Professionalism Committee by filing a written objection with the Chair of the First Circuit Professionalism Committee. e. The First Circuit Professionalism Committee shall have 30 days to consider the appeal. f. If the appeal still is not resolved after 30 days, the parties shall be referred to The Florida Bar Attorney Consumer Assistance and Intake Program (“ACAP”). g. If a party believes a violation of the Rules Regulating The Florida Bar has occurred, the matter shall be referred to The Florida Bar Discipline system for the filing of a grievance. h. If, at any time, the investigating member, the special investigating member, the Panel, or the Committee is of the belief that the matter involves a violation of the Rules Regulating The Florida Bar, they are required by the Rules Regulating The Florida Bar to file a report with The Florida Bar.
i. If, at any point in the process, a matter is referred to ACAP or as a grievance to The Florida Bar for a violation of the Rules Regulating The Florida Bar, the Committee, Panel, and investigating member are to close the file and end the Professionalism Committee process. 5. CONFIDENTIALITY OF ALL PROCEEDINGS a. All proceedings pursuant to these procedures shall remain confidential. They may be shared only with members of the First Circuit Professionalism Committee, the Special Investigating Member if one is appointed, the complaining party and the attorney against whom a complaint is filed. b. When an investigation is closed, all records shall be sent to the Chair of the First Circuit Professionalism Committee, who shall maintain the records for 36 months from receipt. At the expiration of the 36 months, the records shall be destroyed. The entire policy, procedures, complaint form and attachments can be found on the First Judicial Circuit’s website www.firstjudicialcircuit.org, the Escambia/Santa Rosa Bar Association’s website www.esrba.com or by calling Court Administration at (850) 595-4400.
PENSACOL A SY M P H O N Y O RC H ES T R A October 4, 2014 | 8pm
November 8, 2014 | 8pm
Glenn Dicterow, violin
Mozart, Beethoven, Barber, and Ravel
Scott kluksdahl, cello
Strauss and Mendelssohn
Joseph Alessi, trombone Featuring selections from
Featuring selections from
Rossini, Donizetti, Copland, and Schumann
Beethoven, Pärt, Rota, Bernstein, and Ives
O p t i O n a l cO n c e r t
march 7, 2015 | 8pm
Featuring selections from
January 10, 2015 | 8pm
Anthony McGill, clarinet
Featuring selections from
RUSSIAN SPECTACULAR march 28, 2015 | 8pm
ilya Yakushev, piano Featuring selections from
Rimsky-Korsakov, Prokofiev, and Tchaikovsky
CELEBRATE THE NEW YEAR! December 31, 2014 | 7pm Lindsay Deutsch, violin
“One of the most interesting, imaginative, and downright thrilling young violinists in America today.” —J. kahane, Los Angeles Chamber Orchestra
CONCERT SEASON
BEEThOVEN & BLUE JEANS
ClARINET BEL CANTO
OpENING NiGHT!
DON QUiXOTE
2014 | 2015
ORGAN SYMPHONY April 25, 2015 | 8pm
kenneth fuchs, composer Featuring selections from
Respighi, Fuchs, and Saint-Saëns ByRON STRIplING IN
SOUNDS OF NEw ORlEANS: A TRIBUTE TO LOUIS ARMSTRONG February 14, 2015 | 8pm “Mr. Stripling is a powerful trumpeter, at ease with the most complicated and detailed bebop lines and an open-armed Armstrong swagger.” —New York Times
CALL NOw fOR SEASON TiCkETS! 850.435.2533 www.pENSACOlASymphONy.COm
Artists And repertoire subject to chAnge. All concerts performed At the sAenger theAtre.
September 2014 www.esrba.com The Summation 27
Photos 2014 Installation Banquet
2014 Frydrychowicz Investiture
28 28 The The Summation Summation www.esrba.com www.esrba.com September September 2014 2014
HIGH-FLYING VETS
By J. Nixon Daniel III Photos by Steven Stopler
On July 5 I took my grandson Will to the airport. Will likes airplanes and I had heard that there were going to be some vintage planes there that day. What I found was much more. Pensacola lawyer Roy Kinsey had organized flights for a number of WWII veterans in restored Stearman aircraft, the same model in which these veterans had been trained. Roy owns one of the planes and had three of his friends bring in their planes for the event. Roy has organized a similar event for the last several years to coincide with the Blues air show. Two things struck me: First, the veterans who got to fly again were extremely grateful. It was a moving experience for each one of them as they were helped into the planes and went flying. Secondly, Roy honored these men out of his own pocket and without any expectation of recognition for himself.
September 2014 www.esrba.com The Summation 29
News from the Clerk
THE E-PORTAL OPERATES LIKE AMAZON By PAM CHILDERS
Previously, we described the many duties of the Clerk of Circuit Court & Comptroller’s office to provide readers with a scope of that work along with the hard data of how many filings, cases, payroll checks, and other information we process each day or week. Now let us explain the processing of pleadings filed with our court divisions to answer the question, “Why isn’t my pleading in the court file?” For those of you who have attended one of our e-filing seminars over the past 18 months, you likely remember the analogy comparing the act of e-filing a document through the e-portal with placing an order online. When buying online, we all know that once we click on “buy” that, while we might receive an email almost immediately thanking us for our order, we should not run to our front door looking for a package. The placing of the order online does not simultaneously produce the purchased item at our doorstep. We know that the online company must process the purchase -- remove the items off the shelves, prepare the invoice, package the purchase, and ship the purchase to the customer. We also know that if we are buying online during a busy shopping season, then our purchase is one among hundreds or thousands being received and processed. The busier the shopping season, the longer the processing may take. Filing through the e-portal with the Clerk’s office is similar to shopping online. The attorney or his/her staff clicks on “submit” and the pleading(s) is submitted through the e-portal. The attorney receives an email from the e-portal almost instantaneously that announces “filing received.” Our court divisions have two queues from which they will receive and process e-filed pleadings. The first queue is the acceptance queue within the e-portal itself. In this queue, our personnel quickly review the pleading to see if the party names and case number match with the names and case number under which the pleading was filed, it is filed in the right county, motions and orders are filed separately, and the quality of the document is sufficient. If problems are noticed during this cursory review, the filing will be moved to the pending queue and the attorney will be notified. If no problems are noted, the pleading is accepted and electronically sent to the Clerk’s case maintenance system where it is placed in a second queue.
30 The Summation www.esrba.com September 2014
The second queue consists of pleadings that are waiting for processing and docketing. For example, a typical complaint filed in Circuit Civil involves docketing the complaint and civil cover sheet, preparation of all summons that must be issued to the plaintiff’s attorney, docketing the filing fees and any other fees, and docketing party information and the contact information for the attorneys, including the email addresses used by each attorney on a case. At this point in the processing of the e-filed pleadings, the Clerk prints and files a hard copy of the pleading in the case file. The number of pleadings that are pending in the queues will affect how quickly the Clerk’s office is able to process and docket a pleading. The advent of e-filing has been a beneficial change for the legal community, allowing attorneys to e-file pleadings at all hours. However, the Clerk’s office is not open 24 hours a day, 7 days a week in order to process pleadings filed overnight, on weekends, and during holidays. Thus our personnel may docket all pleadings in the e-portal and processing queues on a Friday, then arrive on Monday morning to find awaiting them literally hundreds of pleadings filed over the weekend in the e-portal queue. A pleading that is e-filed during non-business hours will not be processed until the next business day at the earliest. Finally, Clerk’s offices across the state process filings under standards established by the Florida Court Clerks and Comptrollers association. Those standards vary depending on the type of case being filed on and range from two to four days to process and docket a pleading after it is filed. We recommend that attorneys allow for three full business days for processing and docketing of a newly filed pleading. If a pleading is filed within three days of a court event, then the attorney should plan on bringing a copy of the pleading to court to provide the judge in case the pleading is not yet in the court file. We hope this information provides attorneys and their staff a better understanding of what takes place behind the scenes after they e-file their pleadings. Submitted by Susan Woolf on behalf of Pam Childers, Escambia County Clerk of Circuit Court & Comptroller.
Classifieds Photocopiers For Sale In Pensacola Closed law office has the following equipment for sale in good condition and under maintenance contract while in service: 2006 AR-M355N Sharp copier, with finisher, stand, toner and copy count machine, 668,822 copies on machine $2,000.00 OBO 2010 MX-M363N Sharp copier, with color scanning, faxing, finisher, data security kit, stand, software for networking, toner, and copy count machine, 176,883 copies on machine - $4,500.00 OBO Call 850-939-1267 for details
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109 N. Palafox St. We have professional conference rooms available for use by the hour. Meet your clients in a convenient and suitable place and avoid all of the additional overhead which traditional office space requires. You can work at home. Meet your clients In a safe and secure and professional setting. Visit our website or come by and check out the space. 850-434-8904 -- www.pensacolalegaladvisor.com
OFFICE SPACE FOR LEASE Downtown law office at 103 North Devilliers Street. Solo practitioner looking for another to share expenses. Space includes office, conference room, common reception, break room, restroom, copy machine, fax, private parking and utilities. Call Rob at 432-5111.
Calendar September 18 September Bar meeting (Noon – 1:00 pm) Social Portabello Market September 26 Professionalism Symposium (1:00 – 4:30 pm) Days Inn & Suites Conference Center 8700 Navarre Parkway, Navarre October 10 Intellectual Property Law for Business Lawyers Seminar (9:00 am – Noon) Multi Media Room M.C. Blanchard Judicial Building October 16 October Bar Meeting (5:30 – 7:30 pm) Co-hosted by LSNF & NWFLS Pro Bono Service Award Recognition Special Guest Benjamin Crump Heritage Hall October 24 Escambia & Santa Rosa VA Stand Down VA Joint Ambulatory Care Center 790 Veterans Way, Pensacola November 20 November Bar Meeting (Noon – 1:00 pm) Cam Lowell “Soldiers Angels Initiative” Portabello Market November 21 Nuts & Bolts of Personal Injury Seminar (8:30 am – 12:30 p.m.) Jury Assembly Room M.C. Blanchard Judicial Building December 11 Holiday Party (5:30 – 7:30 pm) Gulf Coast Community Bank 40 N. Palafox Street, Pensacola
September 2014 www.esrba.com The Summation 31
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32 The Summation www.esrba.com September 2014
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