The Summation December 2013

Summati

The

Escambia/Santa Rosa Bar Association

n

December 2013

Volume 2 / Issue 4

Escambia County Teen Court

page 12

Professionalism: An Unscientific Survey 路 MedMal Statute Changes 路 Wall of Honor: Al Condon 路 Florida Bar Foundation December 2013 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

Jason Boatwright Benjamin Stevenson Clara Smith Paula Walker Tami Stokes Debra Bass

2 The Summation www.esrba.com December 2013

The

Summation

8. Professionalism: An Unscientific Survey 9. Ode to Judicial Assistants 12. Teen Court 14. Judge’s Preferences 16. Wall of Honor 18. Florida Bar Foundation 20. Photos

In every issue 3. From the President 4. Chief’s Corner 5. New Members / Announcements 6. Board of Governors 11. Bottom Line 22. News From the Clerk 23. Classifieds / Calendar

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From the President Researchers recently demonstrated what we have known all along during the holiday season: It is better to give than receive.

Four professors at three universities over five years concluded that providing tangible assistance to others protects our health, lengthens our lives, and reduces stress. Interestingly, the gift recipients did not reap nearly as much health benefits from the exchange. With this in mind, I would like to highlight a few ways lawyers can reduce their stress and live longer, happier lives through helping others in our community.

First, as discussed in our feature story, children need our help and lawyers can give to our youth in many ways. Teen Court would benefit from attorney volunteers. Coaching or assisting teen mock trial teams is a great way to engage future lawyers. We can enroll to be a guardian ad litem and advocate for the child’s wants in court. And having a law degree does not exclude our ability to mentor a child through Big Brothers Big Sisters.

Second, a new class in the Northern District of Florida’s Reentry Alliance Pensacola (REAP) will start in January 2014 and REAP will need new mentors to pair with recently released, convicted felons. Earlier this year, I began volunteering my time after I better understood the barriers and hurdles felons face in adjusting to a life outside prison and how my involvement could help them turn a new leaf. Over Saturdays at the REAP

By Benjamin J. Stevenson

Community Garden or bi-monthly meetings for coffee, this mentorship has been personally rewarding to me, possibly more than for my mentee.

Third, the Young Lawyer’s division of the Escambia-Santa Rosa Bar Association has teamed up with other community leaders to organize Breakfast with Santa on Dec. 14, 2013. This event is an iteration of our usual Christmas in January and will allow foster children in Escambia and Santa Rosa counties to meet Santa, enjoy breakfast, and receive a gift. If you cannot give time, please consider a donation to this incredibly special event.

Lastly, we should recall the Oath of Admission to the Florida Bar: “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed.” Public service through the provision of pro bono work is a healthy part of a lawyer’s life and critical for our community. Numerous meritorious cases are lost or never filed because the plaintiffs simply lack the specialized skill and training to marshal the case themselves. This is a preventable injustice.

So, this holiday season, remember it is better to give than to receive and you will likely live a longer, happier life.

December 2013 www.esrba.com The Summation 3

Chief’s Corner

The M.C. Blanchard Judicial Center opened in April 1978. Unfinished space on the fifth floor was built out in 1983. The Center was substantially expanded in 1999. That expansion included unfinished spaces on the third, fourth, and fifth floors.

Anyone who comes to the M.C. Blanchard Judicial Center may have noted that all the courtrooms are booked on many, if not most, days of the week. There is a constant need to reserve space for criminal court arraignments, docket days, violation of probation hearings, sentencing dockets, jury selection, and jury trials. Some judge trials or pre-trial hearings with multiple parties or with special security needs are conducted in courtrooms instead of the judge’s hearing room.

Escambia County has one of the highest, if not the highest, jury trial rates in the state. A part of the problem created by that phenomenon is the growing need to reserve courtroom space for complex criminal and civil trials with extraordinary time requirements of more than one week.

As a consequence, it has become increasingly challenging to accommodate the scheduling of courtroom space for

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By Terry D. Terrell Chief Judge First Circuit Court

the various trials and hearings that require the use of a courtroom.

Escambia County voters have approved and re-approved a “Local Option Sales Tax” during the past 15 years. That tax is used by local governmental entities for special local needs.

A portion of those tax receipts has been set aside for court related needs.

The reserve of the Local Option Sales Tax for court use has accumulated to the point that finishing the remaining “shell space” on the various floors is now possible. Planning is nearing completion on the design of a small courtroom on the third floor and another on the fourth floor and of a large courtroom with additional judicial and staff office space on the fifth floor of the Center. The final plans will be put out for bid with a construction schedule for completion by the end of 2014.

So this is a heads-up request for patience and accommodation of the build-out process during most of 2014, but upon completion, the court system in Escambia County will have a more flexible, usable Judicial Center.

New Members Sarah Carpenter Emmanuel Sheppard & Condon 30 S. Spring Street Pensacola, Florida 32502 (850)444-3910 skc@esclaw.com Daniel Harrell Clark, Partington, Hart, Larry, Bond & Stackhouse 125 W. Romana Street, Ste. 800 Pensacola, Florida 32502 (850)434-9200 Dharrell@cphlaw.com Glenn Lovett Clark, Partington, Hart, Larry, Bond & Stackhouse 125 W. Romana Street, Ste. 800 Pensacola, Florida 32502 (850)434-9200 glovett@cphlaw.com Aaron T. McCurdy Quinatrios, Prieto, Wood & Boyer 114 E. Gregory Street Pensacola, Fl 32502 (850)434-6490 amccurdy@qpwblaw.com

Announcements Gov. Rick Scott announced the reappointment of David Langham judge of Compensation Claims.

Judge Langham of Pensacola has been a judge of Compensation Claims since 2001 and serves as deputy chief judge of Compensation Claims.

Judge Langham is a graduate of Ball State University and the Mississippi College School of Law. He previously practiced as an associate and then a partner in a small law firm, then as a sole practitioner, and later as a partner in Langham and Langham, P.A. with his wife Pamela.

His practice included workers compensation, employment related civil litigation, medical malpractice defense and personal injury.

Jennifer Demming Department of Children and Families 160 W. Government Street, Ste 701 Pensacola, Florida 32502 (850)483-6624 Jennifer_demming@dcf.state.fl.us Genevieve Harper Sacred Heart Health System, Inc. 5151 N. 9th Ave Pensacola, Florida 32504 (850)416-7000 Genevieve.Harper@shhpens.org Christopher Madden Office of the Public Defender P.O. Box 12666 Pensacola, Florida 32591 (850)595-4100 Chris_madden@pd1.fl.gov Wesley Bowden Levin, Papantonio, Thomas, Mitchell Rafferty & Proctor 316 S. Baylen Street Pensacola, Florida 32502 (850)435-7074 wbowden@levinlaw.com Emanuela Jaskiewicz Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor 316 S. Baylen Street Pensacola, Florida 32502 (850)435-7107 ejaskiewicz@levinlaw.com

December 2013 www.esrba.com The Summation 5

Board of Governors

By Stephen Echsner

Report from

The Florida Bar Board of Governors The Florida Bar Board of Governors met on Oct. 4, 2013.

Major actions of the board and reports received included: A report was given on the kick-off of Vision 2016, a three-year commission study to determine what the legal profession needs to do to adapt and advance to meet the needs of the modern marketplace. Vision 2016 is the Florida Bar’s opportunity to focus on four broad areas that will greatly impact the practice of law: Legal Education, Technology, Bar Admissions and Delivery of Legal Services/Pro Bono. The Oct. 15 Florida Bar News provides coverage of the first meeting of the 68-member commission and an overview of the study of the four areas.

Regarding the outlook for the 2014 Legislative Session, the Legislation Committee reported to the board that state economists have predicted an extra $1 billion in state revenues for the 2014-15 fiscal year which could positively affect court funding. In addition, Sen. Joe Negron, chair of the Senate Appropriations Committee, has expressed support for increasing the pay of judicial branch employees. Rep. Larry Metz has said he wants to hold a workshop on the state’s summary judgment laws. A special subcommittee of the Criminal Court Steering Committee, appointed by Chief Justice Ricky Polston on procedural rules governing death penalty appeals, is scheduled to report in December. The Florida Bar’s legislative positions, information about Bar advocacy and other links for those interested in the legislative process are available online.

An out-of-cycle rule change to the Rules of Civil Procedure was approved for submission to the Supreme Court to include jury instructions for business and contract cases in Rule 1.470 to comply with an order from the Supreme Court. The board also approved submitting to the court two out-of-cycle rule amendments to the Rules of Judicial Administration. The first, to RJA 2.515, clarifies requirements for using electronic signatures; the second, to RJA 2.516, clarifies issues related to electronic service.

The Wm. Reese Smith, Jr. Leadership Academy is well underway with 59 fellows participating. The multi-session training program is designed to assist a diverse and inclusive group of lawyers in becoming better leaders within the legal profession and communities through enhancement of their leadership skills. The 2013-14 academy has held three of its six sessions utilizing a curriculum tailored to strengthen the fellows’ professional development, knowledge base and experience. Fellows are also attending Bar events and special educational programs. Applications for the 2014-15 class of 6 The Summation www.esrba.com December 2013

academy fellows will be available Dec. 1 through Jan. 15 on the Bar’s website at www.floridabar.org.

The board discussed the new private health care exchange available through the Bar’s member benefits. The Florida Bar Private Health Insurance Exchange is being offered under the federal Affordable Care Act and is administered by Member Benefits, Inc. The exchange is an online marketplace where Bar members and their employees can compare and purchase products and services from insurance providers competing for business within the exchange. Unique decision support technology within the exchange is backed by the same licensed benefits counselors that have been working with Bar members for many years. Member Benefits, Inc. also takes additional steps to provide assistance for Bar members and their staff in accessing reduced costs through the public exchange in the event that they qualify. Additional information, frequently asked questions and a video on the health insurance exchange are available online.

Concerns that Bar members have expressed about using online social media and Bar rules were discussed. Bar rules prohibit lawyers from saying they are experts unless they are board certified (Rule 4-7.14(a)(4)), but it is not clear how the rules affect nonlawyers making such statements about lawyers in social media. The Standing Committee on Advertising will be addressing this issue and providing additional information.

General guidelines for lawyers’ use of social networking sites and information on advertising rules are available online.

Members may also call the Ethics Hotline with questions: 1-800-235-8619.

Recommendations by the Program Evaluation Committee were approved to change the name of the Citizens Forum to the Citizens Advisory Committee and to add the chair of the Program Evaluation Committee to become an automatic member of the board’s Executive Committee. The Florida Bar Citizens Forum is an advisory group of 12 citizens with varied interests and backgrounds who serve to provide two-way communication between the state’s major citizen constituencies and the board. The Executive Committee has full power and authority to exercise the function of the Board of Governors to the extent authorized by the board on any specific matter, and on any other matter which necessarily must be determined between meetings of the board.

Nominations for the 2014 Pro Bono Service Awards are due

by Nov. 12. Categories and nomination forms are online. The awards ceremony will be held at the Florida Supreme Court at 3:30 p.m. on Jan. 30, 2014.

December 2013 www.esrba.com The Summation 7

By Honorable Ross M. Goodman, Circuit Judge

Professionalism – An Unscientific Survey Speaking at a recent CLE seminar, I asked the lawyers and legal assistants in attendance to anonymously submit written answers to three questions: (1) Describe something an attorney or paralegal did that was irksome; (2) Name an incident where an attorney’s or legal assistant’s action was impressive; and, (3) Name something a Judge or Judicial Assistant did that was irksome. Clearly not scientific, the survey was totally random.

The responses are rather interesting and may be helpful to all members of the legal community. Some responses may act as a warning. Some responses may describe your conduct. Some responses may inspire you to be more of a professional.

To the extent possible, responses are presented close to verbatim. I also removed any information that could possibly identify the Judge, JA, lawyer, or legal assistant involved.

I neither endorse nor criticize any responses. Whether such is appropriate as to any response is something best left to the reader.

One might ask why the question was not asked about something a judge did that was impressive. The simple truth is that judges are regularly complimented, even when undeserving. However, judges seldom get to hear unvarnished criticism. So I concluded that hearing criticism was all that was necessary. (One could also argue that judges’ egos are big enough already, but far be it from me to make such an assertion!) Please note that the Judges in the First Circuit were generally in favor of publishing this, and are genuinely desirous of receiving constructive criticism. You can leave suggestions for a judge on the anonymous web site provided by the Florida Bar, by contacting the First Circuit Professionalism Committee, by contacting either the Chief Judge or any of the Administrative judges, or directly with the judge.

1. Describe an incident where an attorney or paralegal did something that “irked” you.

• Attorney loses temper.

• Failing to return phone calls.

• Scheduling a hearing without clearing it with opponent, and then failing to serve opponent with a notice of the hearing.

• Blaming others for one’s own mistake.

• Causing a lengthy delay by purposely filing late • Experienced paralegal talking down to a new paralegal, implying the new paralegal was not educated.

• Not paying attention when someone is speaking to you • Going to trial without filing pre-trial motions that would have led to the case being dismissed.

• Claiming no time on attorney’s calendar for three months for a 15-minute hearing on opponent’s motion, but same attorney having all the time in the world in the same three 8 The Summation www.esrba.com December 2013

month period to schedule a hearing on the attorney’s motion.

• Taking credit for someone else’s work product.

• Attorney blaming staff rather than taking responsibility.

• PROCRASTINATION (Multiple people complained about this).

2. Describe an incident of attorney/paralegal conduct that impressed you.

• Going out of the way to help a client, even after client’s funds ran out.

• After trial, an experienced opposing attorney met with the other attorney and gave very useful feedback on trial preparation and practice.

• Prompt settlement of a case without needlessly prolonging the case and wasting time and money.

• Treating all staff with kindness and respect.

• Despite a client’s protests, a lawyer conceded there was no basis in law or fact to oppose the motion.

• Admitting an error at the first opportunity so the problem can be addressed and fixed in a timely manner.

• An attorney who is always making the time to explain the law to staff, and telling staff how important their work is.

• Working hard and putting their heart into representing the client.

• Accredited work well done by paralegal to clients and partners.

• Attorney called Bar office for advice on an ethical issue.

3. Name an Example of Judges/JA’s acting inappropriately.

• Judge wasting hearing time talking about an irrelevant subject, and then lecturing attorneys for extending hearing past allotted time.

• Being temperamental and not listening.

• Disrespect.

• Letting attorney unnecessarily prolong the trial with needless bench conferences.

• JA is difficult to reach by phone to schedule matters.

• Judge saying there would be a ruling within a week, and then taking more than nine months to issue a ruling.

• JA who is rude regarding all pre-trial proceedings, then becoming an “angel” whenever Judge is present.

• Making it difficult to continue a case even when parties are in agreement on the need for a continuance.

• “None. I really have not had any trouble with either. Being prepared and ready helps avoid [problems].”

Space does not allow us to reprint all of the survey responses. If you would like an unedited copy of Judge Goodman’s survey, please e-mail Mike Doubek at mike@esrba.com.

By Honorable Ross M. Goodman, Circuit Judge

Ode to Judicial Assistants I think that I shall never be, Caught unawares by something I did not see.

I am prepared so well it is true, It looks like I am mystically imbued, With powers of justice and mind, Such that I am never caught blind.

I enter each day’s trial and morass Knowing that someone is covering my…rear end.

Orders, letters, calendars magically appear, As if I had nothing to fear.

No litigant, appeals court or JQC, Will ever be able to pin one on me, ‘Cause my JA is so amazingly grand, That I appear to have everything well in hand.

Oh, would appearance meet truth, I would still be stuck in my youth.

The contrary, unfortunately, it seems, As I dig my way through papers and reams, Such that motions, and orders, and papers haunt my dreams.

Amid fears of taking a position too extreme, In the wee hours when I awake, As if a clam at a bake.

In terror I struggle to find, Some gentle thoughts to soothe my mind.

When it strikes me, so I can exclaim “hey!”

I need not worry, I have a JA! Though trials of many scope come my way, I know I can rely on my JA. She has superpowers so beyond count, That I fear not even the highest mount.

Pro se, you say, is screaming for help, Calmly she assists, his terrors to quell.

Lawyers demanding time right away, Get accommodated day after day.

So natural and full of grace, She handles it all, without giving in to haste.

Judges from other jurisdictions may call, But coolly and calmly, she handles it all.

Each morn when I arrive at my desk, She has it all ready, without my behest.

My mind, it seems, she can read like a book, The meaning and nuance is never mistook.

The needs and emergencies she handles with aplomb, Even when alarms sound announcing a bomb.

Rude people, demanding lawyers, and passers by, Are treated with dignity so high, That each feels like a king or a queen, Not having to worry about anything.

And in those times of darkness and despair, When the workload seems daunting and beyond compare, She maintains her calm, and demeanor so cool, She may as well be lying beside a warm pool.

Does she get the recognition she deserves, Or does she just do her job, unseen and unheard?

The credit she graciously states, Belongs to the judge she always will say.

Never taking credit where credit is due, She tirelessly does her job, without cry or hue.

Overworked, underpaid, unappreciated it may seem, We all recognize her contributions are supreme.

Many a person, corporation or entity, Owes the JA acclamation and thanks aplenty.

Still she trudges each day in the trenches, While we judges sit on our…benches.

This is a story as old as the earth, Where no one it seems appreciates their worth.

But woe to the man, woman or beast, Who thinks the JA is somehow the least.

For nothing could be further from the truth, Not a thing would get done if not for you.

So raise your glass up high in a toast, To our JA’s….we love you the most!

Concentrating in:

• Federal Civil Service Law • Business & Real Estate Law • Florida Public Employee Revision www.FederalCivilServiceLaw.com 504 North Baylen Street • Pensacola, Fl 32501 Office: 850.434.9922 • Fax: 850.432.2028 December 2013 www.esrba.com The Summation 9

10 The Summation www.esrba.com December 2013

The Bottom Line

By Sylvia Jarrett, CLA

Medical Malpractice Statute Changes & Challenges Effective July 1, 2013, the Florida Legislature passed SB 1792, making controversial changes to the Florida medical malpractice law. Significant changes included: • For all causes of action which accrued after July 1, 2013, the standard of care expert witness(es) must be specialized in the same specialty as the defendant about whose care they testify. Example: If you have the following four defendants: emergency medical physician, vascular surgeon, radiologist, and pathologist, then you must have four experts, including one for each defendant specialist.

• Effective July 1, 2013, and retroactive to all causes of action regardless of when they accrued, health care providers will be allowed to discuss a patient’s care and treatment with an attorney to prepare for deposition, hearing, or discovery requests. Note: This allows the defense attorney to conference with any of plaintiff’s medical doctors without a medical release and without limitation. This is being appealed by various attorneys and organizations throughout the state of Florida.

• Effective July 1, 2013, and retroactive to all causes of action regardless of when they accrued, defense counsel will be permitted to interview treating physicians during pre-suit; and • Effective July 1, 2013, and retroactive to all causes of action regardless of when they accrued, defense counsel will be

permitted to conduct ex parte interview of treating physicians at any time. The new statute requires that the injured party execute an authorization and include with his/her Notice of Intent which permits defendants and their counsel to interview treating providers without the presence of the plaintiff or his/ her counsel.

At least five separate lawsuits have been filed challenging the constitutionality of “ex parte communications” authorized by this new law. The lawsuits allege the new law violates the right to privacy as guaranteed by the Florida Constitution as well as violates the federal law, Health Insurance Portability and Accountability Act (HIPAA). Complaints have been filed in the United States District Court of Florida, the Circuit Court of the First Judicial Circuit, Escambia County, the United States District Court in the Southern District of Florida (Palm Beach), United States District Court in the Southern District of Florida (Miami), and Circuit Court of the 17th Judicial Circuit (Broward). Most of the lawsuits have been filed to prevent the disclosure of confidential information to doctors ex parte BEFORE the notices of intent are served. In at least one case in South Florida, the defense agreed not to ex parte the doctors.

Stay tuned for updates on these lawsuits! And that’s the Bottom Line!

December 2013 www.esrba.com The Summation 11

By Janet Gilbert, Family Court Manager, First Judicial Circuit of Florida Mary Ann Johansen, Teen Court Coordinator, Escambia County

Escambia County Teen Court Escambia County Teen Court is a delinquency diversion program for juvenile first time offenders, funded by court fees assessed on criminal and traffic offenses. Juveniles charged with a misdemeanor criminal offense have the opportunity to accept consequences determined by a jury of their peers, and avoid having a permanent court record. And for teens interested in the legal field, Teen Court is an excellent forum for learning about the court process, and practicing as an attorney, juror, or other court officer in a live courtroom setting.

The program objectives are (1) to hold teens accountable for their actions, (2) to expose them to positive peers, (3) to educate them on laws and consequences, and (4) to instill personal and community responsibility. The ultimate goal is for every teen to exit the legal system, and continue to be a productive, law abiding citizen.

The Escambia County Teen Court program was originally developed for traffic offenders by the now retired Judge William P. White, Jr., in the early 1990s.

In 1995 the program was expanded to include juvenile misdemeanor cases and moved to the Theodore Bruno Juvenile Justice Center. Initially, funding for operations was only from donations and volunteers from the Junior League of Pensacola; however, in 1996 state legislation passed that allowed for the assessment of court fees to fund Teen Courts throughout Florida. This funding has allowed the program to serve between 200 and 400 teens every year since its inception.

The juveniles have been charged with crimes such 12 The Summation www.esrba.com December 2013

as battery, affray, possession of alcohol or marijuana, trespassing, petit theft, and criminal mischief. To participate in the program, they must admit responsibility for the offense, and agree to be sentenced by a jury of their peers.

Sentencing guidelines include a minimum number of community service work hours, jury duty, restitution, and at least one additional requirement from a list that includes a jail tour, educational courses, apology letters, charitable donations, civic projects, research papers, etc. The jury duties are Escambia County Teen Court participants an important part of each teen’s sentence; giving them the experience of the judicial process both as the defendant, and as a juror for other teen offenders. All participants are also assessed for mental health and substance abuse concerns, and referred to counseling or other services, as needed.

If the teen completes the program successfully, the State Attorney does not file the formal charges, and the juvenile avoids having a court record. If the teen fails to complete the sanctions, or is arrested for another law violation, the State Attorney may file formal charges and bring the case to court. This is truly an opportunity for youth who are going down the wrong path of negative peers and bad decisions, to change direction. All participants are strongly encouraged to return as volunteers with the program, to reinforce and sustain their resolve to be productive, law abiding citizens.

The Teen Court experience can have a positive impact on juveniles by increasing awareness of the short and long term consequences of choices and behaviors. In 2012,

the program received 246 new referrals and 226 juveniles completed the program. Two hundred and three of the completions were successful, representing a 90 percent success rate. Some studies have shown that Teen Court participants have low recidivism rates, improved attitudes toward authority, and increased knowledge of the justice system. Parents routinely report that their teen’s behavior has improved at home after completing the program. In addition, Escambia County Teen Court maintains a positive presence in the community by sponsoring community service events for volunteers and participants including park and cemetery clean ups, adopt a highway, food drives for Manna Food Pantries and the Humane Society, and other community service projects.

Last year the program conducted 10 Jail Tours, 10 Know the Law classes, 10 Retail Theft Educational Programs, and 15 Community Service Projects/ Events.

A major strength of the program is its volunteer base of teens and adults. With the guidance of the Teen Court Coordinator, the teens perform as attorneys, bailiffs, clerks, and jurors; assisting with the deliberation process; explaining the sentences to the teens; and serving as role models and mentors. Volunteer attorneys may preside as judge by managing and maintaining court decorum; providing feedback, instruction, and information about the court process; and teaching the responsibilities of being a judge. They may also serve in a coaching capacity by assisting the defense and prosecuting teen attorneys in presenting their cases, helping them prepare cases for hearings, facilitating the jury

deliberation process, and providing feedback to the teens in their respective judicial roles.

Teen Court also has a number of benefits for the teen volunteers. These include learning and practicing public speaking, understanding laws and consequences, working together with other teens in a group setting, developing critical thinking and problem solving skills, and experiencing real-world aspects of the legal system.

In addition, Teen Court has a scholarship endowment fund at Pensacola State College that is available for both participants and volunteers in pursuing a secondary education. Several volunteer teens have returned to work as Student Assistants with the program while attending college, and the current Program Coordinator has served as both a volunteer and a Student Assistant for the program.

She is clearly dedicated to the concept, and to the program.

The attorneys, teens and other adult volunteers in this program for teens by teens make a valuable contribution to the process and learning experience for everyone. Their dedication to the program has a significant impact on both the proceedings and the defendants; enhancing the overall quality and success of the program. If you are interested in volunteering with the Teen Court program, please call the program office at (850) 595-3806.

December 2013 www.esrba.com The Summation 13

Judge’s Preferences

Judge Thomas E. Johnson Each month we will publish detailed information on one of our First Judicial Circuit and County Judges. This edition, we are featuring Judge Thomas E. Johnson You can also find this information and preferences for all First Circuit Judges at www.firstjudicialcircuit.org.

Type: County Judge County: Escambia County Division: 4 Jurisdiction: County Court Judicial Assistant: Mary K. Hart Address: M.C. Blanchard Judicial Building 190 Governmental Center Pensacola, FL 32502 Phone: 850-595-4427

hearings to set bond amounts, are scheduled during Arraignments/ Video Court, or Judge Trial/Criminal Motion dates. Motions must be filed with the appropriate Clerk’s Office, and the State must have their copy in hand. Motions involving prisoners are heard during Video Court, and the party filing the motion is required to notify the jail.

Motions to Continue: Must be written with attached proposed Orders containing the correct reset dates. If the State has no objection, no hearing will be required.

Criminal Motions: Criminal motions are scheduled during specific Judge Trial/Criminal Motion dates. Motions must be filed in a timely manner as to allow opposing party sufficient time to review and determine if subpoenas are necessary and if so, permit sufficient time for service.

DIVISION PREFERENCES Arraignments/Traffic/Video Courts: Appearance dates may be reset within the same week if requested by an attorney or a defendant through this office, provided there is sufficient reason.

More lengthy extensions must be approved by the Judge.

Bond Hearings: Reductions, modification, revocations and

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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.

Hearings: Please have all pertinent information ready, i.e., name, case number, type of hearing, when you call to schedule. All hearings are scheduled through this office.

December 2013 www.esrba.com The Summation 15

Wall of Honor

By Charles Young

Al Condon This year is the 100th anniversary of the law firm known as Emmanuel, Sheppard & Condon. I am honored to write about one of the men for which the firm is named, whom we lost two years ago. I use the term “we” because the death of Alphonse G. Condon, who was simply “Al” to nearly everyone that knew him or “Mr. C” to others such as me, was truly a community loss.

Mr. C practiced law in Pensacola for over 40 years and I was fortunate enough to spend my first 12 years of private practice learning the “civil” practice of law from him.

I want to make sure that I abide by probably the best piece of advice Mr. C delivered. He said to me more than once, “When you have to speak, have something to say and don’t just stand up there ‘flapping your gums!’” Hopefully I can follow that advice.

Mr. C’s legacy to Pensacola and the legal community is spectacularly broad. To actually list out the breadth of services and assistance Mr. C provided locally and statewide would consume this article. His services ranged from being a long time board member for the City’s Parks and Recreation Board to being special counsel to Gov. Bob Graham. Additionally, Mr. C served his country as a Marine Corps officer and dedicated his time to the Diocese of Pensacola-Tallahassee; receiving the Medal of Honor for his lifetime service to the Catholic Church.

The remainder of this article will be more about the side of Mr. C that more people should have had the pleasure to experience; that is the example Mr. C displayed day in and day out as a father, husband, lawyer, and friend.

As lawyers, Al Condon, Patrick Emmanuel, and Alan Sheppard built a philosophy on how to practice law that will live on in me and others for a very long time. Emmanuel, Sheppard and Condon is Mr. Condon’s business legacy--a legacy of respect, civility and professionalism. Each of us at ES&C strive to live up to that reputation, do our best not to tarnish it, and work each day, as Mr. C did, to enhance it.

My relationship with Mr. C was always more than just as an 16 The Summation www.esrba.com December 2013

associate lawyer and later as a partner. For me the best part of our relationship was his stories about his family. I always had the sense that I was learning something special. More life than law.

Mr. C, like many men, wore many hats. He was a lawyer, a friend, a husband, and a father. While many men wear these hats, few have worn them as well and none have worn them better.

The Summation edition two years ago, regarding Mr. C’s passing, contained many quotes from local lawyers calling him “Lincoln” or “Lincoln-esque.” It is such a fitting analogy. In his stature, his eloquence, his stoic reserve and his indisputable integrity he lived the legend.

Mr. C’s friendships lasted a lifetime--growing up in Pensacola, attending Catholic High and returning to practice law here, he knew that in Pensacola you make real friends that you keep forever. The friendships, however, were limited to his time off the basketball court. Mr. C’s basketball legend is evidently as sharp as his elbows. One day his son, Bill, asked his dad about the “sharp elbow” legend and Mr. C, in typical Mr. C fashion said, “My elbows are always there, if someone else happens to run into them then that’s on him.” That, to me, is quintessential Mr. C. Mr. C was married to his bride Judy (Mrs. C) for 48 years.

If you ever had the chance to speak with Mr. C about Judy you know that his whole demeanor would change when he talked about her. His love, respect and admiration for his long time bride are inspirational.

Mr. C’s success as a father is best expressed by looking at his five children. Each of his children exhibit the attributes every father hopes and dreams his children will acquire. They are each successful, thoughtful, caring, attentive, and responsible.

I waited a long time in my life to become a lawyer, a longer time to become a husband and an even longer time to become a father. My wife and I were fortunate enough to have God bring us two very cool boys from Kazakhstan. In turn I then adopted Mr. C as a father figure, someone I could look up to for a real life example of how to raise the boys right and give them the tools for success as adults that Mr. C passed on to Jim, Bill, Bobby, Julie and Jen. When I come to the end of my life and I want to measure my success I will consider the following…

If I am half the lawyer Mr. C was, I will have been a success.

If I am one third the friend Mr. C was, I will have been a success.

If I am one quarter the husband Mr. C was, I will have been a success.

If I am one tenth the father Mr. C was, I will have been a success.

December 2013 www.esrba.com The Summation 17

By Alan Bookman

The Florida Bar Foundation provides leadership and funding for justice As lawyers we share a commitment to justice. The Florida Bar Foundation, a 501(c)(3) public charity, turns that commitment into action through its funding of programs that provide access to justice for Floridians living in poverty.

Through our support of The Florida Bar Foundation, we can demonstrate our belief that the justice system works best when it works for everyone – regardless of his or her economic status.

Locally, The Florida Bar Foundation is an important funding source for Northwest Florida Legal Services, as well as Legal Services of North Florida, which serves multiple counties including Escambia and Santa Rosa. Through its Administration of Justice Grant Program, the Foundation also helps fund special projects and initiatives across the state such as the Innocence Project of Florida, which has succeeded in exonerating 13 wrongfully imprisoned Floridians using DNA evidence since 2003, as well as the Florida Law Related Education Association, which teaches Florida students about democracy and the American legal system.

If you visit the Foundation’s website at

www.floridabarfoundation.org, you will be impressed with the number and diversity of the grantees assisted by the Foundation.

Since 1981, the primary source of funding for The Florida Bar Foundation has been Florida’s Interest on Trust Accounts (IOTA) Program, which has enabled the Foundation to provide about a third of the total funding for civil legal aid organizations in Florida. Over the past 32 years, Florida’s IOTA Program has distributed more than $425 million to help hundreds of thousands of poor people receive critically needed free civil legal assistance throughout Florida.

The Foundation also funds initiatives such as salary supplementation and loan repayment programs that help attract and retain legal aid attorneys. Northwest Florida Legal Services received a salary supplementation grant of $44,000 in 2012-13.

In recent years, because of the impact of extremely low interest rates on IOTA revenue, the Foundation has had to drastically reduce its grants. Whereas in 2010, Northwest Florida Legal Services received a Foundation general support grant of $560,943 to provide legal services, in 2013 that grant amount was $175,229. Overall, Foundation funding is now about a quarter of overall legal aid funding statewide.

Please take a few minutes to learn more about The Florida Bar Foundation, an organization in which all of us, as Florida attorneys, can take tremendous pride, and one that brings critical resources back to our community. If you have questions about the Foundation, feel free to ask me, Foundation Past President Pat Emmanuel, or Bob Palmer, a past board member.

Sincerely, Alan Bookman Past Florida Bar Foundation Board Member Thank You Florida Bar Foundation Fellows Florida Bar Foundation Fellows are core supporters of the Foundation’s mission who pledge $1,000 payable over five years--or 10 years for government, nonprofit or young lawyers-to help build The Florida Bar Foundation Endowment Trust.

The Foundation would like to recognize and thank its Fellows from Escambia and Santa Rosa counties:

18 The Summation www.esrba.com December 2013

E. Dixie Beggs* M. Robert Blanchard Alan B. Bookman Thomas Condon Jodie D. Cooke James Corrigan Sarah Crane Stephen Echsner Patrick G. Emmanuel Clarence V. Ford, Jr.*

Robert P. Gaines Hon. Ross Goodman Charles J. Kahn H. Edward Moore, Jr. Robert C. Palmer, III Jesse Rigby Richard P. Warfield* Gordon W. Wells* E. Gary Work, Jr. *indicates deceased

To place an ad here, contact Sharyon Miller at 4331166 ext.

28, or Becky Hildebrand at 433-1166 ext. 31.

December 2013 www.esrba.com The Summation 19

Photos

20th Anniversary Drug Court Graduation

Guardian ad Litem 3x3 Basketball Fundraiser Tournament

20 The Summation www.esrba.com December 2013

PLSSA Holiday Auction to Benefit Children Services Center

December 2013 www.esrba.com The Summation 21

News from the Clerk

We are well on our way towards a paperless (or almost paperless!) system for the filing and processing of court records.

The days of walking to the court house to review pleadings and files and obtain copies of documents are coming to an end. However, the easy access to documents via the Internet is creating a new area of concern because of the ease in which people can access and view the court records. It is important to be aware of what information is confidential in court records without a court order.

Court files are records held and maintained by the Clerk of Court as the custodian of the official court records.

Confidentiality of these records is determined in accordance with the Florida constitution and Florida Rule of Judicial Administration 2.420, not Chapter 119. Times Publishing Co. v. Ake, 660 So. 2d 255, 257 (Fla. 1995) (the judiciary is a coequal branch of government and not an “agency” as defined by §119.011, Florida Statutes).

Rule 2.420 lists 20 categories of documents for which the Clerk is required to maintain confidentiality. The 20 categories are: 1) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment.

2) Adoption records.

3) Social Security, bank account, charge, debit, and credit card numbers.

4) HIV test results and the identity of any person upon whom an HIV test has been performed.

5) Records, including test results, held by the Department of Health or its authorized representatives relating to sexually transmissible diseases.

6) Birth records and portions of death and fetal death records.

7) Information that can be used to identify a minor petitioning for a waiver of parental notice when seeking to terminate pregnancy.

8) Clinical records under the Baker Act. 9) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals.

10) Clinical records of criminal defendants found incompetent to proceed or acquitted by reason of insanity.

11) Estate inventories and accountings.

12) The victim’s address in a domestic violence action on petitioner’s request.

13) Protected information regarding victims of child abuse or 22 The Summation www.esrba.com December 2013

By Pam Childers

sexual offenses.

14) Gestational surrogacy records.

15) Guardianship reports, orders appointing court monitors, and orders relating to findings of no probable cause in guardianship cases.

16) Grand jury records.

17) Records acquired by courts and law enforcement regarding family services for children.

18) Juvenile delinquency records.

19) Records disclosing the identity of persons subject to tuberculosis proceedings and records held by the Department of Health or its authorized representatives relating to known or suspected cases of tuberculosis or exposure to tuberculosis.

20) Complete presentence investigation reports.

The filer of the document containing any of the confidential information as described in these 20 categories should file a “Notice of Confidential Information within Court Filing” with the clerk’s office at the time he or she files the document containing the confidential information. A form for this Notice is appended to the Rule. It is important to note where in the document the confidential information is located without delineating why the information is confidential since the Notice itself is a public record.

A quick review of the 20 categories reveals that there are many documents that may contain sensitive information that is not listed in the 20 categories. For example, medical records pertaining to a party may be filed in a case as an exhibit to a motion or during a hearing or trial. Medical records, however, are not a category included in the list of 20 categories to be kept confidential, although there may be information contained in the medical records that is to be kept confidential. The medical records are public record that would be available for review with the confidential information as described in the 20 categories redacted. Obviously, there may be many pages of sensitive information that is not confidential.

A filer of sensitive information not included in the list of 20 should consider filing a motion requesting the court to determine the confidentiality of records pursuant to Rule 2.420.

The Rule describes the procedures for the filing of a motion and the timeline for a judicial determination depending on the nature of the case (criminal, non-criminal or appellate). While the motion is pending, the clerk will keep the information that is the subject of the motion confidential.

Please take the time to review Rule 2.420 and consider how your typical cases and filings fall into or outside of the 20 categories.

Classifieds To place a classified ad for The Summation, contact Emily at emily@ballingerpublishing.com. The rates for a classified ad are $30 for 50 words or less; $45 for more than 50 words.

Calendar January 16 January Bar Meeting (Noon – 1:00 PM) Laura Melvin (Retired 1st Judicial Circuit Judge) Reviews her new book Public Secrets & Justice Portabello Market January 24 Medicare / Medicaid Lien Seminar (9:00 AM – Noon) Jury Assembly Room, M.C. Blanchard Judicial Building January 31 CME Seminar (8:30 AM – 3:30 PM) Multi Media Room, M.C. Blanchard Judicial Building February 20 February Bar Meeting (Noon – 1:00 PM) “The Affordable Care Act’s Effect on Law Firms” Location – TBD March 7 Family Law 101 (9:00 AM – 4:00 PM) Multi Media Room, M.C. Blanchard Judicial Building

December 2013 www.esrba.com The Summation 23

24 The Summation www.esrba.com December 2013