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Summati

The

n

Summer 2018

Separation of Powers Escambia/Santa Rosa Bar Association

Volume 7/ Issue 2

Framework for Freedom

In This Issue:

Lessons Learned at Justice on the Block What Belongs in a State Constitution 2018 Law Week


Table Of Contents

Escambia-Santa Rosa Bar Association 216 South Tarragona Street, Suite B Pensacola, FL 32501 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009 Executive Director Michael Doubek mike@esrba.com Editor Michele Schamberger michele@esrba.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 first 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. Brooke Jones Gerald McGill Susan Woolf Kaitlyn Peacock Michael Thomas Aurora Osborn

Carrie Cromey Caroline Peterson Michele Schamberger Sheryl Lowenthal Charlie Penrod Mike Doubek

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From the President

Page 3

Board of Governors

Page 4

Honoring a True Leader: Judge Maney

Page 5

On The Move

Page 6

Young Lawyers Division News

Page 7

Help Insure Fair Elections

Page 7

What Belongs in a State Constitution?

Page 8

Lessons Learned by Justice on the Block

Page 11

The Seersucker Suit in Your Closet

Page 12

Separation of Powers

Page 13

Argo Corner Page 18 Evidence Integrity Page 20 News from the Clerk

Page 22

Law Week Essay Contest

Page 24

Snap Shots Page 26 Announcements and Calendar

Page 27

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From the President Legacy of the ESRBA By JODI COOKE

“We don’t accomplish anything in this world alone… and whatever happens is the result of the whole tapestry of one’s life and all the weavings of individual threads from one to another that creates something.” – Justice Sandra Day O’Connor

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he legacy of the ESRBA, and the last year in particular, is a weaving of individual threads and contributions from one to another to create opportunities and collaborations that will benefit the Bar, the Courts and the community at large for years to come. The leaders, members and staff of the ESRBA went above and beyond (once again) in 2017/2018 to accomplish even more than we planned at the outset of the year. In addition to a new monthly meeting location and new member benefits, the highlights included: • We revived the ESRBA Community Service Committee, with a mission to encourage and facilitate member commitments to community service and to recognize members who demonstrate outstanding community service through the annual Michael A. Doubek Community Service Award • We presented a series of Practice Pointers CLEs aimed at making justice accessible to all by increasing members’ access to good local information on basic practice procedures in specialized areas of law that seem to draw a lot of new practitioners (both young lawyers and lawyers looking to expand their practice areas) while simultaneously lowering the barriers that might prevent lawyers from taking pro bono cases in those areas because they are afraid of unknown pitfalls or practice procedures that may trip them up • Following feedback from ESRBA members, we partnered with Court administration to roll out a new ID Badge program for Florida Bar members who practice in Escambia County, entitling badge holders to pass through security at the M.C. Blanchard Building without removing their belt, jewelry or watch • We selected a new Executive Director to succeed Mike Doubek upon his impending retirement. Jeff Nall, APR, CPRC, PCM, has a wealth of experience and fresh ideas for leading the ESRBA into what promises to be a very bright future and we are excited to see what the next chapter holds It was my sincerest honor to lead the ESRBA during these efforts, and to work with so many impressive members and supporters of the Bar as they rolled up their sleeves and pitched in to make things happen. We are lucky to be part of an organization with so many wonderful people. If you haven’t yet, I encourage you to find a way to plug yourself in – after all, we don’t accomplish anything in this world alone.

Summer 2018 www.esrba.com The Summation 3


Board of Governors By STEPHEN ECHSNER

Report from

The Florida Board of Governors

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he Florida Bar Board of Governors met on Friday, May 18, 2018, in Key West. The major actions of the board and reports received included, in order of the report: • New committee on mental health and wellness of Florida lawyers • Special committee on mental health in the courts • New member benefits and discounts • Trust accounting company approved for pilot program • Rule amendment approved regarding qualifying providers • Final action on credit service charges • Comment added to grievance mediation and arbitration rule • Florida Bar news and journal update The Florida Bar’s work to improve the health and wellness of Florida lawyers will continue to be carried out by a standing committee approved by the board. Efforts will continue to focus on: destigmatizing mental illness in the legal community; expanding education on mental health illnesses of Florida lawyers, on the benefits of balancing personal life and career obligations and on healthy strategies to deal with the pressure of practice; educating voluntary bars on programs to better assist their members and expanding the accreditation definition to broaden the scope for health and wellness CLEs; interfacing with Florida Lawyer’s Assistance, Inc. to broaden its reach to all members ; and creating a special inter-disciplinary committee to study and improve rules and programming to ensure that members are aware of mental health issues and are able to access needed services. Visit the online Mental Health and Wellness Center for tips on dealing with stress, research, articles, meditations, suggested reading and more. Special Committee on Mental Health Chair Judge Steven Leifman presented an interim report, which contains 17 recommendations for improving Florida’s Marchman and Baker acts, including changing the criteria for involuntary hospitalization and simplifying the forms families and friends must submit to get help for alcoholic and addicted loved ones. The report and recommendations will be studied and considered by the Board of Governors over the next year. Two new member benefits were approved and will be added to the more than 60 free or discounted products and services listed at floridabar.org/memberbenefits: Local Hospitality provides worldwide private-label hotel booking website(s), including major hotel providers. eHome Counseling provides counseling services through video and text,

4 The Summation www.esrba.com Summer 2018

with complete confidentiality (no concern about being seen in a counselor’s office). A final contract with TMI Trust Company was approved for the pilot program of a trust accounting platform that would allow lawyers, if they make the correct entries when they deposit or withdraw funds under certain parameters, to automatically comply with the Bar’s trust accounting rules. At present, the Practice Resource Institute (PRI) provides trust accounting and monthly reconciliation forms using Microsoft Excel free of charge, as well as other resources including the required compliance notice, FAQS and forms to open IOTA accounts. The pilot program is expected to be launched this year. Take a look at the March 1 issue of The Florida Bar News to learn more. At the direction of the court, the Board approved adding new subdivision (d)(5) to Rule 4-7.22, which would address a qualifying provider receiving a benefit or payment for referring a consumer to both a lawyer and another professional service provider from the same incident. An overview and a Q&A on the changes that went into effect on April 30 are posted at floridabar.org/qualifyingproviderrule. The Supreme Court must approve the amendment. A proposed rule change that would delete the current prohibition against charging a service charge for a client’s use of a credit plan and allow lawyers to charge the actual amount imposed on the lawyer by the credit plan was approved. Rule 4-1.5(h) currently permits lawyers to accept credit cards to pay for fees and costs but prohibits lawyers from charging the client the credit card fee charged to the lawyer as a vendor. The Supreme Court of Florida must approve the rule change. The Board approved adding a comment to Rule 14-6.1, concerning grievance mediation and fee arbitration awards, stating that lack of funds or cash flow is not an excuse for not paying an award in a timely manner. The original version of the rule allowed the losing party in mediation and arbitration proceedings to argue “just cause” as a reason to avoid or delay paying the award within 30 days. The Supreme Court must approve the addition of the comment. The Communications Committee reported a plan is in place to begin the transition to digitize a portion of The Florida Bar News and Journal, potentially saving $1 million in printing and postage costs. The Florida Bar News reported on this in the Jan. 1 issue.


Honoring a True Leader Judge Thomas Patterson “Patt” Maney By Mike Doubek Executive Director

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had the dubious “honor” of being one of the last draftees during the Vietnam War era. Having only reached the rank of Specialist 4th Class (corporal) in my two years in the army, I never dreamed I would come to know, and become friends with, a certified war hero and Brigadier General like Judge Patt Maney. Given my Army background and current position as a Bar Association director, I am often conflicted whether to address him as General or Judge. To resolve the dilemma, I alternate titles whenever I greet him. But no matter the title is used to address Judge Maney, he will forever be remembered for his dedication and service to the bench, his country, and his community. On March 16th I had the pleasure of attending the last Okaloosa County Veterans Court graduation ceremony presided over by Judge Maney. These ceremonies are always inspiring. At this particular ceremony, one Navy, one Air Force, and three Army veterans graduated. Their testi-

monials to the Veterans Court process along with Judge Maney’s commitment to their success left many in attendance with tears in their eyes. Little did the Veterans Court graduates (or Judge Maney) know that the judicial champion [in those five veterans corner] was about to receive some recognition

himself. Also attending the ceremony was Deputy Secretary of Veterans Affairs, Thomas Bowman, Director of Military Affairs for Congressman Matt Gaetz, Nathan B. Nelson, First Judicial Circuit

Court Chief Judge, Linda Nobles, and many other Judges and Constitutional Officers. Deputy Secretary Bowman presented Judge Maney with both a Certificate of Appreciation and a Commendation from the Department of Veterans Affairs for his tireless advocacy and unwavering commitment towards the veterans in Florida. Mr. Nelson read from the Congressional Record submitted by Congress Matt Gaetz to the 115th Congress of the United States, recognizing and paying tribute to Judge Maney for dedicating his life to humble service to country, to others, and tMichedo the bench. Rounding out the accolades, Chief Judge Linda Nobles presented a proclamation not only recognizing Judge Maney for his many contributions to the administration of justice and the Veterans Court program, but officially proclaiming that the Okaloosa County Veterans Court program will henceforth be known as the “T. Patt Maney Veterans Court.” When Judge Maney was asked to say a few words following the recognition, in true fashion he redirected the attention back to the new graduates and their accomplishments. I am confident the Veterans Court graduates that day felt a deepened pride and gratitude knowing their success was in due in large part to the local hero who took a personal interest in

their situation and decided to do something about it. On a side note, the accolades for Judge Maney did not stop with the March Veterans Court graduation ceremony. At their May Law Day luncheon, the Okaloosa Bar Association presented Judge Maney with a crystal gavel and named their annual community service award after him. And recently, the Okaloosa Board of County Commissioners named the street that runs around the Okaloosa County Courthouse Annex Extension “Judge Maney Way” in honor of his advocacy for those who served in the armed forces. Thank you Judge/General Maney!

Mike Doubek is the Executive Director of the Escambia-Santa Rosa Bar Association.

Summer 2018 www.esrba.com The Summation 5


On the Move Jeremy Branning wins runoff election to First Circuit Seat of Florida Bar Board of Governors After a campaign that began in December 2017, Florida Bar members voted Clark Partington Shareholder and Litigation Attorney, Jeremy Branning, to the First Circuit Seat of the Florida Bar Board of Governors. Each of the other candidates for the First Circuit’s position are exceptional lawyers, and demonstrated a high level of professionalism expected of candidates from the First Circuit throughout the campaign. Once he formally assumes the role as a member of the Florida Bar Board of Governors, Jeremy will advocate on behalf of his peers to serve with an open line of communication for matters facing the legal profession in the First Circuit and throughout the state.

Outstanding Young Alumni Award from the University of Florida Virginia C. Ralls is one of 30 University of Florida alumni who received this year’s Outstanding Young Alumni Award on Saturday, April 14. The University of Florida Alumni Association presents the Outstanding Young Alumni Award annually. Criteria for the award include making a significant impact on their industry and having professional accomplishments at the state, national or international level. The Outstanding Young Alumni Award recognizes graduates from all of UF’s 16 colleges.

First Judicial Circuit Welcomes New Judges On Monday, May 21, 2018, Gov. Rick Scott announced the appointment of Stephen Pitre to the 1st Judicial Circuit. Pitre, 46, of Gulf Breeze, is a shareholder at Clark, Partington, Hart, Larry, Bond, & Stackhouse, P.A. He previously served as an Assistant State Attorney for the 1st Judicial Circuit. Pitre fills the vacancy created by the resignation of Judge Edward P. Nickinson III.

Gov. Rick Scott also announced the appointment of Angela Mason to the Okaloosa County Court. Mason fills the vacancy created by the resignation of Judge T. Patterson Maney.

Remembering our friend, F.T. “Tommy” Ratchford, Jr. The ESRBA is saddened by the loss of one of our dearest members, Fred Thomas “Tommy” Ratchford Jr. Tommy was a fixture in the local legal community and music scene. Always quick with a story or to lend a helping hand, Tommy will be truly missed.

Lacie Bowden has opened Lacie Bowden Law, located at 67 Bay Bridge Drive, Gulf Breeze, Florida 32561.

Excellence in Advocacy Congratulations to Patricia Wright for winning the Excellence in Advocacy award for the First Circuit at the Florida Guardian ad Litem Program 2018 Disabilities Training Conference in Orlando on May 3 through 4. Ms. Wright is a Past President of the Escambia-Santa Rosa Bar Association.

Have you recently relocated or been promoted? Share your updates by emailing us at Michele@ESRBA.com 6 The Summation www.esrba.com Summer 2018

Edsel F. Matthews, Jr. has relocated to 212 West Intendencia Street, Pensacola, Florida 32502.

Aaron Watson, with The Watson Firm, has opened a new office location at 850 South Palafox, Suite 202, Pensacola, Florida 32502.


Young Lawyers Division A Year in Review By: Cecily Parker As young lawyers, we have a lot of growing to do. Helping young lawyers grow is the ESRBA YLD’s focus and over the past year the YLD has provided a number of programs to pursue this focus. The YLD has hosted several functions, all free, that have brought young lawyers together. The YLD hosted and continues to host monthly happy hours, lunches and happy hours with judges, and networking lunches. For the second year in a row, the YLD hosted the “You’ve got the JD now what?” Panel Program featuring four lawyers and one judge who have shared their experiences in various practices. Lastly, the YLD has put the spotlight on health by hosting two wellness programs: a paddle boarding event last summer and a trampoline park event this summer. Beyond these programs, the YLD has supported a number of initiatives and functions that positively impact the broader community. From the YLD’s continual support of Breakfast with Santa, the Backpack Buddies Program, and the High School Mock Trial Competition, to new involvement with Jazz for Justice, over the past year YLD members have made a difference in the Pensacola community. The YLD has reached out further than Santa Rosa and Escambia County this year. This past May, the YLD hosted and organized a breakfast event during the 11th Circuit Judicial Conference in Ponte Vedra, at which young lawyers and Federal Judges from Florida, Georgia, and Alabama interacted and immediate past president Frederick V. Longmire and I interviewed Justice Clarence Thomas. All these programs were recognized by the Florida YLD Board of Governors this year, which awarded our YLD the Small Affiliate of the Year Award for the second year in a row. None of these accomplishments could have been realized without the support of our dedicated YLD Board and our wonderful Bar Staff, specifically Mike Doubek and Michele Schamberger. This year YLD Board Members Alex Andrade, Preston Forshee, Grayson Miller, Caitlyn Pritchard, Kelsey Stone, Jessica Schultheis, and Michael Thomas each contributed their time, effort, and creativity to move our YLD forward. And this progress could not have been possible without the leadership of immediate past president Frederick V. Longmire. It has been a tremendous honor to serve the ESRBA YLD over the past year and I look forward to watching where our organization and members grow in the years to come. Cecily Parker is an associate at Emmanuel Sheppard & Condon and current President of the Escambia Santa Rosa Board Association Young Lawyer’s Division

Help Us Insure a Fair Judicial Election The Florida Supreme Court has adopted a Code of Judicial Conduct (Cannon 7) which governs political conduct by judges and judicial candidates. On May 10, 2018 at 1:00 p.m., a Judicial Candidates Forum was held at the M.C. Blanchard Judicial Center, 190 W. Government Street, Pensacola, Florida to provide local candidates for judicial races with a measure of guidance in understanding, and consequences of failing to comply with Cannon 7. The judiciary should represent the highest values of our community. During this election year, the Escambia/Santa Rosa Bar Association is striving to maintain these high values throughout the campaign process. In order to accomplish this, the Association has again activated its Judicial Campaign Practices Committee, headed by Samuel W. Bearman. The purpose of the Escambia/Santa Rosa Bar’s Judicial Campaign Practices Committee is to enhance public confidence in the integrity of the judicial campaigns by educating judicial candidates, their staff, and supporters as to the parameters of permissible conduct during the election process, and by seeking to deter inappropriate conduct. The function of the Committee is to field complaints concerning rule violations that may occur during judicial campaigns; to allow the accused to respond quickly; and to issue opinion as to whether a violation has occurred. The local committee may work closely with Judicial Ethics Advisory Committee of the Florida Supreme Court in this regard. The goal of the Committee is to educate and to prevent conduct that calls into question the integrity of Escambia and Santa Rosa County judicial elections, and make public and therefore deter inappropriate conduct by judicial candidates and their supporters. For more information, or if you become aware of what may seem like a judicial campaign violation, please contact Samuel Bearman at (850) 438-1000.

Summer 2018 www.esrba.com The Summation 7


What Belongs in a State Constitution?

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he 2017-18 Florida Constitution Revision Commission (CRC) has examined more than 100 potential amendments to the state constitution and is still in the process of deciding which amendments to put before Florida voters for consideration. It is important for voters, in deciding just what does belong, to take a look at several past and present issues that have or have not been approved for inclusion in the Florida Constitution. Additionally, many complex issues that have been before the Florida Legislature over the years were unable to be satisfactorily resolved. Some might think that if the Florida Legislature cannot reach a unified decision that the next step is inclusion in the core document of the state – the constitution. This is often an incorrect assumption.

Know the Facts The CRC are not elected members of a legislative body. They were not appointed to resolve the vexing and complex issues of the day by placing amendments to the Florida Constitution before the people. This is not in keeping with the purpose of a constitution. In a recent Foundation of Associated Industries of Florida document, A Guide to Amending Florida’s Constitution, Former Supreme Court Justice Kenneth Bell wrote that the constitution should be: “Limited to the core or fundamental law of the state, with more detailed measures left to statutory law.” Even after intense debate and thorough research, many issues have yet to be resolved. Some issues are resolved 8 The Summation www.esrba.com Summer 2018

eventually by duly elected officials who spend the necessary time to fully understand the complexities of issues while trying to avoid both expected and unintended consequences of their actions. Before passage there will be limited debate on complex issues. Once passed, these issues are cast in stone unless they can once again go before the voters for remediation. The Florida Constitution is already an enormous document filled with much that does not belong in a constitution. Florida is unique among the 50 states with this revision process. Florida also allows for citizen initiatives whereby any organization that has enough of the required, legitimate signatures can have language placed on the ballot; thus, amending the constitution by petition as well. How much detail is offered as explanation? How much time is spent by voters to consider these proposals? What is the depth of understanding that these changes are not simply laws that can be addressed each time a legislative body meets, but rather, words that are chiseled into stone and extremely difficult to alter or remove once placed in this purposeful document? Voters should ask themselves if the amendment regarding pregnant pigs, inserted in the Florida Constitution through the citizen initiative process, really belongs in the foundational document of state government. Would a similar measure belong in the United States Constitution? The U.S. Constitution is a document that has lasted over two centuries, remains focused on ensuring government does not intrude upon the constitutional rights of citizens, and offers a clear and concise description of how national government should be structured. Should not the purpose of the state instrument be similar in nature and composition? Past Proposal: Class Size In 2002, Florida voters approved an amendment to the constitution that restricted classroom size. However, the amendment failed to cover the broader


issues of our education system, and was based on what many felt was an unproven notion that the fewer students per teacher, the more the child will learn. Furthermore, it has been established that the amendment forced school district administrators to sacrifice other key school priorities, all while failing to account for modern tools for successful education. These tools include online education, virtual learning, and individual curriculums for students who can progress at a pace unique to them, and other rapidly developing education methods. This is another constitutional amendment that has proven to be so constrictive that it doesn’t allow for the rapid development of technology and new tools. Fortunately, the writers of our original state constitution did not place such mandates on our education system that may have made sense at the time, but would be senseless in today’s society.

businesses provide what is essentially a federal government function in verifying the naturalization and immigration status of every employee and job applicant? Immigration and naturalization policies are some of the limited powers delegated by the U.S. Constitution to the federal government. Moreover, rapid advances in technology may soon make E-Verify technology archaic and obsolete. This issue is not suited for a state constitution.

Current Proposal 88: Declaration of Rights

Just like the U.S. Constitution, the Florida Constitution should provide a structure for guaranteeing the God-granted rights of all citizens and should be an instrument that captures the rights of all citizens equally. Part of the genius of the U.S. Constitution’s framework is the inclusion of the first ten amendments. The Bill of Rights was part of the passage of the constitution at its inception. Now enhanced by the 13th, 14th and 15th Amendments, the Bill of Rights ensures for government protection of the freedom and rights of all citizens equally. CRC Proposal 88, regarding a “Declaration of Rights” for nursing home patients, selects a special class of people and, in practice, is an attempt to classify citizens by groups and specify they have rights, different and aside from the equal rights and protections afforded to other citizens. Proposal 88 would create both a “Declaration of Rights” for seniors living in these facilities and causes of action that the Florida courts would have based on these very specific enumerated rights. The amendment would add substantial additional rights for a single class of citizens over and beyond The 2017-2018 Constitution Revision Commission assembled on the Sen- what all citizens should expect and open a Pandora’s Box of ate floor. Photo via Florida Constitution Revision Commission; copy avail- lawsuit claims. It could be argued, why not include “special” rights for K-12 children, the mentally handicapped, veterans, able at FAIF.org the homeless, Pre-K children, etc.? Equal protection of all citizens requires restraint against Current Proposal: Limits on Power to Tax the constitution offering special protections for any subset of citizens. There are some issues that are suitable for inclusion in the Current Proposal 95: Intrastate Commerce Protection state constitution such as those issues dealing with the power the U.S. Constitution promotes commerce between the to tax. The 2018 Florida Legislature’s Joint Resolution 7001 various states by allowing Congress to adopt certain uniform would require a two-thirds vote of the Florida Legislature restrictions on which states may outlaw or regulate business to increase state taxes or fees. This proposal will likely be matters that involve interstate commerce. before voters on the 2018 ballot. The power to tax and how One such CRC proposal is consistent with the legitimate to apply or impose those taxes is an essential element in any purpose of the state constitution. Within the 67 counties constitution, just like the power that is appropriate to address and hundreds of municipalities, this proposal would protect the general welfare of the citizenry. businesses conducting activity in multiple local jurisdictions Super-majorities for state tax issues may or may not be a great within the state; effectively an intrastate commerce clause for idea. However, the inclusion of these type of requirements are Florida. Again, a broad regulatory function that is suitable both a legitimate and important aspect of a constitution that for a constitution while leaving details to the elected Florida has as its fundamental purpose a description of the powers Legislature. and constraints elected legislators have to impact individual Current Proposal 97: Consistency in Voting CRC Proposal Florida citizens and taxpayers. 97 establishes that the required 60 percent approval rate needed to pass the amendment would be based on the actual Current Proposal 29: E-Verify turnout, not just those voters that voted on that amendment. This is a legitimate question for the state constitution since E-Verify, a citizenship verification technology not yet fully it addresses the process for successfully amending the worked out or implemented, is also being considered by the constitution itself, and ensures that before our constitution CRC for inclusion on this year’s ballot. is amended, a sufficient percentage of voters cast an informed Should the Florida Constitution mandate that Florida and educated decision to approve such an amendment. Summer 2018 www.esrba.com The Summation 9


Summary The Foundation’s CRC Working Group urges voters to carefully and thoughtfully evaluate each proposed amendment they will see this November on the general election ballot. While the essence of the proposal may be something the voter can support, we believe that the first consideration should be, “does it belong in the foundation document of our state?” Should that issue bypass the legislative process? A legislature, made up of men and women who are elected by the citizens of their districts, where multiple studies and public debates will take place. Where citizens from all over the state will have the opportunity to come before the Legislators and make their case in public. A system that requires the House of Representatives, the Florida Senate and the Governor to all agree on the issue before it becomes law,

Constitution Revision Commission Working Group Associated Industries of Florida has a long history in leading the business community in its efforts with the Constitution Revision Commission. That leadership continues with the Foundation of AIF’s CRC Working Group. Clockwise, left to right: The Honorable Kenneth B. Bell, former Supreme Court Justice; The Honorable Steve Crisafulli, former Speaker of the Florida House of Representatives; Dr. Ed H. Moore, President of Independent Colleges and Universities of Florida and The Honorable Dudley Goodlette, former Member of the Florida House of Representatives

rather than a very briefly worded statement on a ballot that, in some cases, has had little to no debate. As we have pointed out, there are certainly some issues that are so clearly centric to ALL citizens, deal with the foundational policies of our government, and meet the criteria to go before all voters for approval. Yet, as the U.S. Constitution shows us, those issues are very rare. This recommendation shouldn’t in any way dissuade any citizen for voicing their opinions on issues. We encourage and support Floridians to become a voice for those issues they are passionate about and get involved with both local and state government to seek debate on those issues. That is why our system of Government has endured and continues to be an example for the rest of the world.

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10 The Summation www.esrba.com Summer 2018


Lessons Learned at Justice on the Block By John Loffreda

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ustice on The Block is a bimonthly project of the The Florida Bar Foundation, Legal Services of Northwest Florida, and Pathways for Change. At each event, free legal advice is given to income eligible individuals who cannot afford private counsel. Here, I was honored with the opportunity to shadow local attorneys as a student volunteer from the University of West Florida. I am immensely grateful for these attorneys, their stalwart examples, and their mentorship. Within three short hours at Justice on The Block, I was exposed to real cases on legal ethics, family law, personal injury law, and disability law. Justice on The Block gave me a small but incredibly valuable

glimpse at what it is like to practice law. Soon after I arrived at this Justice on The Block event, I was asked to shadow an attorney. As we walked back to the designated office, it was obvious that this client wanted privacy during the consultation. When we arrived, the client asked if they could speak in private with the attorney. I was more than happy to comply with their request. This seemingly small and insignificant situation directly exposed me to principles I learned in my Legal Ethics and Evidence courses at UWF concerning the attorney-client privilege and the attorney’s fiduciary duty of confidentiality. These are critical to practicing law.

The attorney-client privilege is a vitally integral part of legal representation. It is an evidentiary rule that encourages clients to trust their attorneys. This rule protects confidential communications a client has with their attorney about their case. Without this privilege, it is possible that this client may not have come to Justice on The Block for fear of what might happen. Or, at the very least, this client may not have been entirely truthful with the attorney about their case. Thankfully, this was not so. Because of the attorney-client privilege, this client came to Justice on The Block and received the legal assistance they needed. This client was assured that their discussion with this attorney regarding their case would be strictly protected by law. The attorney’s fiduciary duty of confidentiality works very similarly. However, the duty of confidentiality covers all communication between the attorney and the client. This duty also not only forbids revealing confidential information about the client, but it forbids using any information against the client. With the attorney’s ethical obligation of confidentiality, this client was assured that

none of their information could be used against them. This small, but significant, experience occurred within the first five minutes of volunteering at Justice on The Block. Justice on The Block provided me with many invaluable and real experiences with the law. I am grateful for these attorneys, the work they did, and the wisdom they shared. At Justice on The Block, I began learning what it is actually like to practice law.

John Loffreda is a Senior, Legal Studies Student, at the University of West Florida.

Photo courtesy of the Florida Bar Foundation Summer 2018 www.esrba.com The Summation 11


Guilty or Not Guilty?

THAT SEERSUCKER SUIT IN YOUR CLOSET By Gary Geisler

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dmit it. You have a seersucker suit in your closet. Maybe two. There is no shame in it. The seersucker has become a timeless icon of the preacher, the used car salesman and yes, the Southern attorney. I am a lawyer in Illinois, and I come to Pensacola frequently to visit my family including my son and my son in law who practice in Pensacola. Should I mention that I went to Ole Miss School of Law? That does not make me an arbiter of style for Pensacola lawyers. But let me share my thoughts anyway. You may be enlightened. Perhaps. If you were an attorney in New Orleans or Mobile, it is quite possible that you might have discovered that a requirement of bar association membership is proof of ownership of a seersucker suit. But if you are reading this, you are most likely a Pensacola lawyer. Some say that it is only appropriate for an attorney to wear his seersucker suit on Thursdays and even then, only if you are not going to court. That is a bit restrictive, is it not? I agree that red beans and rice should only be eaten on Mondays. But occasionally I cheat and have them on Wednesdays. Just being honest. 12 The Summation www.esrba.com Summer 2018

I say wear your seersucker suit proudly. Wear it any day of the week. Wear to the office, to lunch with opposing counsel and yes, to court. You can wear it to court whether you are indicted or you represent the indicted. A side bar here: suspenders. I say that belts are not an over-worn accessory. Suspenders are quite effective in holding up trousers and yet also agreeable with one’s soft belly. But let’s not overdo things. If you do not wear suspenders on a regular basis, do not whip out some loud, fancy braces just to make a statement with your seersucker suit. A pleasant bow tie is quite appropriate. I prefer neckties myself. But I can appreciate a well tied bow tie. But a bow tie and a pocket silk which don’t match? Does that not suggest a conflict of interest? Seersucker says something about you. It says that you appreciate tradition. Also that you appreciate being comfortable even in the blazing heat of summer. It says that you have an ease about yourself. No, you aren’t an easy mark. No, you didn’t make easy money. But under fire, you have a dark suit kept at

the office in case that seersucker thing wears off mid-day. Finally I confess. I too own a seersucker suit which hangs in my closet. And occasionally I do wear it on a hot summer day to court. And generally I hear some remark that I belong in the South. Oh well.

Gary is an attorney who has practiced law in Decatur, Illinois since 1977 and has tried over 130 jury trials. He has been a Board Certified Civil Trial Advocate by the NBTA since 1987. Gary has served on the Illinois Board of Advocates and numerous committees and boards in the legal community. He has been a presiding trial judge for national law school competitions in Saint Louis and Los Angeles. Gary maintains a second home in Pensacola where he enjoys spending time with his family.


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Summer 2018 www.esrba.com The Summation 13


Separation of Powers

Framework for Freedom

2018 LAW DAY SPEECH April 27, 2018 Judge Roger Vinson Senior United States District Judge

I

t’s always a pleasure to get to talk about the Constitution, and especially so when I see many smiling faces in the audience. I see lots of old friends and many good lawyers who have aided and

helped me over the years. Thank you for being here today and for what you do to make our community a better place. As you know, a lot of our cases in federal court can include Constitutional issues, both in a civil or in a criminal context. But today I’d like to briefly talk about a few things that are troubling and really concern me. We in the United States take our form of government for granted, but we know that the history of the last few thousand years proves that Benjamin Franklin’s admonition about having a republic – if we can keep it – is probably more meaningful today than ever before. Today we are celebrating Law Day, and its theme this year, Separation of Powers: Framework for Freedom, Law Day was initiated by President Eisenhower 60 years ago, on

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May 1, 1958. It was called AA national day set aside to celebrate the rule of law. Law Day underscores how law and legal process have contributed to the freedoms that all Americans share. It is celebrated during the week of May Day, a day in which the former Soviet Union always paraded its military might as a means of attempting to dominate Eastern Europe and much of the world. In contrast, Law Day in our country focuses on our liberty and freedom based on the governing documents of our Constitution, our Bill of Rights, and the Declaration of Independence. So, too, the Liberty Bell award is a significant part of our annual observance because it is always given to someone who is not a judge or lawyer – to honor a citizen who is not a member of the legal profession. It reminds us

that the rule of law is not just for lawyers – it is the foundation of our great Republic and democracy itself. Today, however, we see that democratic government is in retreat in much of the world. After the success of World War II and the later dissolution of the Soviet Union, there was a feeling that democracy had won, and that autocratic or totalitarian governments were in the trash heap of history. But anti-democratic elements are at work now, driven in large part by the same erosive forces that led to the 1930s unrest and the rise of Hitler, Mussolini, Tojo and Stalin. We see China with expanding military might and a leader who can remain for life, Putin=s Russia with ambitions to create the Soviet empire again, the Middle East with Turkey and other formerly democratic-leaning


countries, all now moving to authoritarian dictatorship. Importantly, our country’s appeal as a democracy model for others to imitate has also been tarnished. A few years ago, I tried to explain to a group of officials visiting from Yemen about what makes our democracy in the United States work. I explained our federal system, our written Constitution and Bill of Rights, and, most important, the principle of separation of powers embodied in our Constitution. They accepted what I said, but I could see that they could not understand how a system of separate powers with built-in tension among three branches of government would work. They were used to their own monolithic system, which operated quickly, even if not fairly. The idea of purposely building in inherent inefficiencies in a government was simply not something they could understand. And, they are not alone, because in the great majority of countries around the world, the courts are subservient and either the legislative side dominates or the head of state controls. The liberties of the citizens of those countries are little changed from the uncertainties of centuries ago.

be traced to any number of political theorists, but I think that Charles de Montesquieu deserves major credit, for he provided the 1748 classical formulation of the linkage between the concept of liberty and the notion of separation of powers. Madison and the other founding fathers accepted that, and knew that separation was going to be essential in the new governmental structure. The representatives at the Constitutional convention in 1787 valued liberty above all else, but they had widely different ideas of how to separate the branches. For example, only three states then provided for an election of their governors by the voters. In the ten others, their governors were selected by the legislatures, which meant they had no separate executive powers. The idea of separation of powers was starting to grow, but there was no clear understanding of how to do it. Notably, the Articles of Confederation had melded

“Yet, we in this country accept the fact that seperation of governmental powers along functional lines has been a core concept of American Constitutional Law ever since the Revolutionary War. We accept it as a given, and we rarely question its operation or complexity.” So how did we come up with the separation of powers principle? Its origins can

the legislative and executive in a single body and lacked an effective federal judicial

branch, so improving upon it necessarily would require a separation of powers. The final version of the Constitution, although implying the notion of distinct branches in each of the first three Articles, did not specifically invoke the separation of powers as a principle. In the Federalist No. 47, Madison found it necessary to defend the Constitution against the charge that it paid no regard to the separation of powers. He also later proposed an Amendment which would expressly require that no branch would assume or exercise the powers of another branch. His amendment was adopted by the House C but rejected by the Senate. We don’t know why, but we can assume that both Madison and the Senators were leery of attempting to draw bright lines of separation among the three branches’ functions. As Hamilton put it, they recognized the insufficiency of mere parchment delineation of the boundaries of separation of powers. Putting the separation of powers concept into actual practice in the new government did prove to be a little ticklish. Heres one example. In 1791, General Arthur St. Clair had led a group of about 1400 soldiers against the American Indians near the Wabash River in western Ohio, and he was soundly defeated, with almost half of his troops killed. The House wanted to request that the

President conduct an inquiry, but its members felt that telling the President how to execute the laws was an infringement on executive power. Instead, it chose to inquire into the expenditure of public money with regard to outfitting and financing Gen. St. Clair’s army. So, it proceeded to authorize the first Congressional investigation of the executive branch and appointed a committee to do so. The Committee’s request for records and documents from War Secretary Knox generated lots of legal opinions and Cabinet level conferences by President Washington, eventually leading to a compromise which recognized the House’s power to investigate Executive Branch’s actions, but also the President’s right to control how and to what extent information could be provided to Congress. We’ve had lots of similar skirmishes and compromises since 1792, and they continue today. It’s all about Power, with a capital P, and our goal must always be, as Madison put it, to effectively resist a gradual concentration of the several powers in the same department. In simplest terms, the legislative branch makes the laws, the executive branch enforces the laws and the judicial branch interprets the laws. Article I of our Constitution provides that all legislative powers are vested in Congress, which has certain specified enumerated powers. This limitation was a reflection of Madison’s firm view that: In republican government, the legislative authority necessarily predominates. In contrast, Madison thought that the executive should be fortified, so Article II places no limits on the executive

Summer 2018 www.esrba.com The Summation 17 15


powers of the President, but does expressly empower the President to grant pardons and reprieves, to make appointments and treaties, and act as Commander in Chief. Article III of our Constitution vests judicial power in the Supreme Court and lower federal courts. These courts have jurisdiction over issues involving the Constitution, federal laws and treaties, admiralty and maritime matters, and controversies between states or citizens of different states. There is no mention of the court’s power to declare laws unconstitutional, though it’s certainly implied and Chief Justice John Marshall so found in the famous case of Marbury v. Madison. Thus, while this judicial branch was deemed by all to be the weakest of the three, it certainly has power to keep the others in check. As I have mentioned, Madison believed that Congress would always be attempting to expand its powers and extend the sphere of its activity. The relations between the executive and the legislative often resemble a game of constitutional chess. Every year, we see Congress put controversial substantive provisions into an appropriations bill. This has the effect of making it veto-proof, effectively negating one of the President’s strongest powers. Congress also regularly passes resolutions and laws that restrict the President’s dealings with other nations in trade and defense matters. We see legislative restrictions placed on executive agencies’ attempt at consolidation, reorganizing, or reducing the number of employees. Perhaps most troubling is Congress’ growing appetite

for delegating executive power to persons not controlled by the President. Creation of the Office of the Independent Counsel is a good example. Today we have the Special Counsel, Robert Mueller, in the headlines, but in 1982 it was an attempt to pursue

they refused to answer the subpoenas, claiming she had no constitutional authority, the U.S. District Judge found them in contempt. The Court of Appeals reversed that decision by finding that the Independent Counsel appointment was a violation of

criminal charges against the EPA (Environmental Protection Agency) Administrator, for which the DoJ’s (Department of Justice) Office of Legal Counsel, Theodore Olson, counseled the Reagan White House to assert executive privilege. In response, the House Judiciary Committee got the D.C. Court of Appeals to appoint an Independent Counsel, Alexia Morrison. She, in turn, issued subpoenas to Olson and two other government officials. When

the separation of powers doctrine, and unconstitutional. The case, Morrison v. Olson, then went to the Supreme Court in 1988, where it was again reversed in an opinion by Chief Justice Rhenquist upholding the Independent Counsel appointment. Justice Scalia wrote a scathing dissent, which is now praised by many legal scholars as a treatise on the separation of powers. Let me share a personal recollection about three of

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the parties in that Supreme Court decision, but which took place almost two years earlier – in October of 1986. I was in Washington, D.C., on judicial business, and Ellen was with me. The Supreme Court opens its session on the first Monday in October, and we were invited to attend and given seats in front. It was Justice Scalia’s first day on the court, and Chief Justice Rehnquist’s first day as the presiding Chief. I had been to the Supreme Court building a number of times before and was admitted to practice before the Court, but had never sat in on the arguments. It was an historical occasion, and the courtroom was filled with attorneys and members of the press, none of whom I knew. Then, a young man who introduced himself as Ted Olson from the Justice Department came up and started a conversation. When he found out that I was a federal judge, he immediately took me (and Ellen) around the courtroom and introduced us to lots of people, including the highly respected former Solicitor General Erwin Griswold, who wore the traditional tails and would personally make three arguments that day. For about 20 minutes, Ted Olson made sure that we met everyone there, including six or eight well-known television, radio and newspaper reporters. It’s ironic that just two years later in 1988, Ted Olson was the defendant, Chief Judge Rehnquist wrote the majority opinion, and Justice Scalia wrote the dissent in Morrison v. Olson, probably the most important separation of powers case to date. While the Independent counsel Law has been al-


lowed to expire, the Special Counsel law that took its place has more modest provisions and the Special Counsel is technically under Justice Department supervision. He has prosecutorial powers that are manifestly executive. As Justice Robert Jackson warned when he was President Roosevelt=s Attorney General, this is where the greatest danger of abuse of the prosecuting power lies – a warning echoed by Justice Scalia in his famous dissent. If the prosecutor is obligated to choose his case, it follows that he can choose his defendants (and) he will pick people he thinks he should get, rather than cases that need to be prosecuted. The Senate has just this week entertained a bill which would provide that Special Counsel Mueller can be fired only by a Senior Justice Department official for cause, and if fired, could appeal to a thre-judge panel. Can the Senate do that constitutionally? As I said, the skirmishes continue. Another current example reflects that the Judicial Branch can get into the Special Prosecutor melee, too. Just this week, the Ninth Circuit Court of Appeals is reported to have appointed a Special Prosecutor to pursue criminal contempt against the President under Rule 42 of the Federal Rules of Criminal Procedure. The Special Prosecutor’s job is to review the constitutionality of the President’s pardon of Arizona Sheriff Joe Arpaio. Was the President=s pardon constitutional? Or is the Ninth Circuit’s appointment a violation of separation of powers? The Courts have also been active players in a very im-

portant separation of powers case that was argued before the Supreme Court two days ago. That case, Trump v. Hawaii, raises the question of what power the Courts have over immigration authority specifically granted to the President by Congress. The President’s orders suspend admission of emigrants from certain designated countries. He relies on a finding that their entry would be detrimental to the interests of the United States, as provided by statute. Are the President’s orders constitutional? Or, are the Court’s orders enjoining the President’s orders constitutional? Stay tuned. Earlier this week, the Supreme Court also decided that the 1789 Alien Tort Statute, a law intended to punish piracy and injuries to ambassadors, does not provide authority to sue foreign corporations in the United States when all of the relevant conduct took place outside the United States. The case, Jesner v. Arab Bank, includes concurrences by Justices Alito and Gorsuch who explain in detail how allowing foreign corporations to be sued under the 1789 law would violate the separation of powers. It’s been a busy week for separation of powers. So while we are on the subject of the powers of the Judicial Branch, we know that judicial review ordinarily involves one party relying on a law and the other party relying on a Constitutional provision, with a conflict between the two. Judicial restraint requires that a statute cannot be held in conflict with the Constitution if, by any construction, it can be held to be harmonious. But, increasingly, we have

seen court decisions that seem to displace legislative determinations on moral questions and in many important areas of American cultural and political life – often on highly debatable Constitutional grounds. These are not liberal or conservative questions, but rather questions of who is entitled to make these decisions – they are separation of powers issues really. Remember, when something is declared a constitutional right, it simply means that those in opposition are forever silenced. There’s no more debate, consideration, or compromise. The virtue of our free society and the operation of our First Amendment is that it allows for full discussion of opposite points of view, and the possibility over time of people being persuaded that what they formerly believed

is not so, and change the laws accordingly. But once given the constitutional stamp, that virtue is destroyed. Because of that, we judges have to always remember that judicial restraint is paramount. True, I am worried about where our country’s separation of powers principle is heading, but not overly so. We in the legal system have always understood the limitations of the law. But, I’m optimistic that our system has always self-corrected, and the basic common sense of our people will continue to prevail. Madison foresaw that separation of powers would result in ambition versus ambition. That’s what we see playing out today, and it’s that governmental structure the Framework for Freedom, that assures me that this Nation, as Lincoln expressed it:

“...shall have a new birth of freedom and that government of the people, by the people and for the people shall not perish from the Earth.” Summer 2018 www.esrba.com The Summation 19 17


ARGO CORNER O

ne of the most controversial issues today is gun control. No matter what side of the political spectrum you are on, you are sure to have an opinion about what is going on. The most recent event concerning gun control in Florida is the passing of the “Marjory Stoneman Douglas High School Public Safety Act”. That bill was proposed following the tragic shooting in Parkland, FL which shocked communities all over Florida and across the nation. Everyone may agree that the shooting was tragic and senseless, but not everyone agrees on the statute that followed that event. In fact, shortly after the bill was passed, the NRA filed a federal suit claiming the new statute violated the Second and Fourteenth Amendments of the Constitution. The act contains provisions concerning mental health, school security, and limitations on purchasing guns and accessories. The bill prohibits gun sales to people who have been committed to mental health institutions or who were deemed incompetent by a judge. It also includes the ability for the police to take guns away from anyone who has been Baker Acted. Police personnel, with the approval of a judge, are given the authority to bar a person who has been deemed

18 The Summation www.esrba.com Summer 2018

Is Florida’s Latest Law on Gun Control Constitutional? by Olivia Kennedy dangerous from buying a gun for up to one year through this statute. The act also states that school districts will receive funding to provide mental healthcare to students in an attempt to prevent anything like what happened in Parkland from happening again. The bill allocates about sixty-seven million dollars to a “Marshal program”. This program gives the superintendents and sheriffs the right to train and arm school personnel. The purchasing of guns and accessories has likewise been affected. One of the changes is that bump stocks are now banned under Florida Statute. Bump stocks are the devices you can purchase to modify a rifle to make them shoot faster. For example, it can make a semi-automatic weapon shoot almost as quickly as a fully automatic one. Additionally, a waiting period will be implemented. This means that someone who is trying to purchase a gun will have to either wait three days or wait for a background check to be completed, whichever is longer. There are exceptions, however, for people who have already had these background checks completed like people with concealed carry licenses, licensed hunters, and military personnel to name a few. The biggest change that has received the most attention is the increase of the minimum age to purchase a weapon from 18 to 21 years of age. This provision joins Florida with Hawaii and Illinois who have raised the minimum age to 21, but it has received a lot of criticism nevertheless. In fact, the NRA’s lawsuit was about this change, claiming that it is unconstitutional as it violates the Second and Fourteenth Amendment. The Second Amendment’s guarantee of “the right of the people to keep

and bear Arms” gives law-abiding, adult citizens the fundamental constitutional right to buy firearms for their own defense in the home. The NRA’s Complaint states that the ban infringes upon and places an undue burden upon the Second Amendment rights of people between the ages of 18 to 21. They further claim that it violates the Fourteenth Amendment which guarantees all citizens to equal protection under the law. They claim that because the new statute bans people between the ages of 18 to 21 from purchasing firearms but does not ban people 21 and older, it violates the equal protection rights of those people between 18 to 21. The NRA does not disagree with everything in the act though. In late September 2017 they released a statement following the Las Vegas shooting stating that bump stocks should be subject to additional regulations. In addition to this, they agree with allowing superintendents and sheriffs to arm school personnel. In a school safety report released by the NRA back in 2013, they stated that arming personnel would be a good thing and that gun free zones prevent people from protecting themselves. At this time, the courts have yet to make a decision as to whether the new Florida law is constitutional, but it certainly raises some questions.

Olivia Kennedy is a Senior, Legal Studies Student, at the University of West Florida.


Spotlight on Argos 2018 UWF Oustanding Legal Studies Student

First Annual UWF Argo Oral Advocacy Competition The UWF Mock Trial team competed in the First Annual UWF Argo Oral Advocacy Competition on Tuesday, May 1, 2018, in the Mock Trial Courtroom at UWF. The competition was sponsored by the Escambia-Santa Rosa Bar Foundation; and Judges Darlene Dickey, Jennifer Frydrychowicz, and Ross Goodman presided over the event.

(Left to right) Judge Ross Goodman, Judge Darlene Dickey, Senior Legal Studies students Zachary Johnson and Kimberly Napoleon and Judge Jennifer Frydrychowicz

Four senior Legal Studies students - Zachary Johnson, Kimberly Napoleon, Rain Coleman and John Loffreda – competed. The students drafted legal memoranda and orally argued a motion for summary judgment based on a hypothetical federal employment discrimination case. The team of Zachary Johnson and Kimberly Napoleon won the competition.

Zac Johnson is one of the best students the Legal Studies Faculty have ever had the opportunity to teach here at the University of West Florida. In addition to his 4.0 GPA, he has exemplified all of the characteristics of a student bound for success at law school. The legacy that he leaves here is a model for greatness that other students will strive to reach. He is the new standard for excellence in the Legal Studies Program, and his experience will certainly give future students confidence that they too can flourish with a degree from UWF. First and foremost, Zac has recently been accepted for admission into his “dream school”: Notre Dame Law School. Notre Dame Law School is one of the Top 25 law schools in the nation and getting accepted to that school is quite difficult. Its incoming class boasts a median LSAT of 164 and a median GPA of 3.73. There is little doubt that a degree from Notre Dame will lead to future success as a practicing attorney. Zac’s family, including his step-father, Ed Fleming, is understandably proud. Zac could potentially use his degree from Notre Dame to return here and establish a practice in this area. Zac has immersed himself in both university and community engagement with the law. Zac recently submitted an article for publication in The Summation which was an objective piece that explored the constitutional arguments surrounding the proposed removal of the Bayview Cross. It was exceptionally well-written. Zac’s article was the first ever published in The Summation written by a UWF student, and the response from the editors was tremendous. Because of the high-quality of the article, the editors approached me to discuss dedicating a specific part of The Summation to an article written by a UWF Legal Studies student. That part, now called “The Argo Corner”, is a regular feature in The Summation and it is due to the trailblazing article written by Zac Johnson. Zac has also been the leader of the UWF Mock Trial Team. The Mock Trial Team is an organization that competes in regional and invitational tournaments against other universities, both big and small sponsored by the American Mock Trial Association (AMTA). The Mock Trial Team receives a hypothetical case file and is charged with taking the case to trial just as any practicing attorney would do. Zac has been a star on the team. In his time on the UWF Mock Trial Team, he has won three separate Outstanding Attorney awards and has led the team to victories over larger flagship universities. In conclusion, Zachary Johnson has exemplified the model UWF student in terms of his excellence within his discipline, his passion for learning, and his engagement with the community and the university. We predict great things from Zac in his legal career. Summer 2018 www.esrba.com The Summation 19


Evidentiary Integrity The Journey from Crime Scene Collection to Trial By Shekka Drayton

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he preservation of evidence is an indispensable function to criminal prosecution. The Escambia County Sherriff’s Office Forensic Services/ Evidence Division is charged with the duty of securing, retaining, and preserving evidence. This office, with less than a dozen employees, has created an intricate system that stores evidence by date, classification, and case type. The Evidence Division processes hundreds of requests from several agencies such as The State Attorney’s Office, the Department of Children and Families, the Florida Department of Highway Safety and Motor Vehicles, the Florida Department of Law Enforcement, as well as neighboring federal and local law enforcement agencies such as the Pensacola Police Department. This storage system allows the Evidence Division to seamlessly execute these requests. I was afforded the opportunity of a guided tour of the facility by ECSO’s Michael Otwell, a Certified Evidence Specialist with over seven years’ experience, and Shirley Padgett, an Evidence Supervisor with over 20 years’ experience. The journey of preservation begins in the Processing Room. Here, law enforcement personnel label, pack, and store evidence into secured lockers. The lockers are double sided and cannot be accessed from the Processing Room once secured. The lockers even have a refrigerator. Some evidence, such edible narcotics and DUI urine samples, require immediate refrigeration. After the evidence is secured in lockers, it is collected by evidence technicians for further processing. As a measure of quality control, two or more technicians are required to unload the locker. Once the lockers are cleared, evidence enters the Verification Station, 20 The Summation www.esrba.com Summer Fall 20172018

yet another quality control measure. Here, the evidence is sorted by placement in the warehouse. The warehouse is a secure facility, meticulously organized to maximize storage. Media, such as in car videos and interrogation recordings, are stored on horizontal shelves organized by date and case number. One section of the warehouse, referred to as the “Death Aisle”, is specially designated for death investigation cases. Per Florida Statute § 925.11 and in compliance with Florida public records retention laws, ECSO retains these items for the duration of the sentence. Cold cases also occupy a designated space within the facility. Per Rule 1B-24.003(1) (b) Florida Administrative Code , law enforcement agencies must retain criminal investigative records pertaining to capital and life felonies for 100 years after the crime is committed, and criminal intelligence information records must be retained until “obsolete, superseded, or [their] administrative value is lost.” Large refrigerators house items such as diapers, often preserved for infant homicides, human remains, as well as urine and blood specimens. One area, known as “the cage”, is afforded an additional layer of security. The cage, as the name suggests, is a reinforced metal fence secured by multiple locks. The cage stores high liability evidence items such as drugs, money, and firearms. An entire room within “the cage” is dedicated to narcotics; this room contains drugs securely packed from floor to ceiling. Another portion of the warehouse is dedicated to miscellaneous items. These items range from camping gear, to computers, to musical instruments. One of the oldest pieces of evidence in the warehouse is a chair leg dating back to 1959; the chair

leg was preserved for a battery case. Some evidence, such a combustible and biohazardous material, are prohibited from the warehouse. Alternatively, these items are stored in sheds or flammable lockers within a secure compound. Fentanyl, an opioid, is among the list of prohibited items. In preparation for trial, prosecutors often visit this facility to view physical evidence. For example, it is not uncommon for an Assistant State Attorney to request the weight of narcotics. Being able to navigate the warehouse and locate any given piece of evidence on demand requires skill. The Escambia County Sheriff’s Office along with its Forensics Services division recently received recertification through CLEA, the Certified Law Enforcement Analyst Program. Evidence technicians undergo a probation period of up to a year. They also undergo specialized training from the Property Evidence Association of Florida to receive an Evidence Tech Certification. The Forensic Services Division has instituted greater quality control measures, advanced on the job training, and implemented an automated chain of custody procedure. Physical evidence makes the long journey from collection at the scene of the crime to trial and beyond thanks to the painstaking efforts of the Escambia County Sherriff’s Office Forensics Services Division. Shekka Drayton is an Assistant State Attorney. She is a current YLD member and went to the Pennsylvania State University, Dickinson School of Law, 2017.


The Bottom Line

WHEN WORKING WITH NON-NATIONAL CLIENTS By Mary Grace Rosal, Paralegal and English/Spanish Interpreter

M

any attorneys in our area work with non-national, especially Latinos, in criminal, worker’s compensation, construction, medical malpractice and even a few mass tort cases. Sometimes the clients know good English and are able to communicate well. For others, an interpreter is necessary to assist counsel and staff in communicating with them. With regard to assisting these clients, I would like to respectfully make some suggestions: 1. Find out what is your client’s background: Where was he/ she born and the level of education he/she has. Most Latinos barely make it past the sixth grade in elementary school and have a hard time understanding how our legal systems, state and federal, work. Mexico has the department and federal legal systems, but other countries do not. Make sure to explain this difference to them, the “why” things are done “this” way. 2. Latinos are used to the Spanish legal system, which is the reverse of ours. They have little or no jurisprudence. In their system, for example, the judge approves what discovery may be done, takes depositions and decides what questions are appropriate. A court case worker handles all of the discovery, including property and asset inspections. 3. Non-nationals do not really know/understand what the “Miranda rights” are, much less what are the proper legal procedures A.A. Cunningham Road paving notice ... Naval Facilities Engineering Command Southeast (NavFac SE) has awarded a contract to mill and overlay A.A. Cunningham Road on NAS Pensacola. The work is scheduled to begin the week of Sept. 12 and expected to take four weeks to complete. Watch for “Road Closed” and “Detour” signs. Detour routes to facilities in the area will be Page Road to Warehouse Road and Farrar Road to Pat Bellinger Road. Drivers should observe the warning signs and proceed with caution around the work zones. The work schedule is weather dependent. For questions or more information, contact the PWD Construction Manager Bryan Moeller at 452-3131, ext. 3077.

Vol. 80, No. 35

VISIT GOSPORT ONLINE: www.gosportpensacola.com

September 2, 2016

Fallen Special Tactics Airman honored at NASP By Capt. Katrina Cheesman Sibley’s unit. “This dedication 24th Special Operations Wing and memorial ruck is an important step for us as a brotherhood Air Force Special Tactics Air- to honor Forrest’s legacy of men dedicated a military freefall valor, and get a small bit of clotraining exercise into Pensacola sure.” Bay Aug. 26 to His teammates Staff Sgt. Forrest escorted the famSibley, a combat ily to Sibley’s controller from burial site, wearPensacola killed ing combat ruck in action Aug. 26, sacks weighing 2015, in Helmand more than 50 Pr o v i n c e , pounds to repreAfghanistan. It sent the deployed. was the first anOnce at the niversary of Sibcemetery, they ley’s death. completed a After free round of memoStaff Sgt. falling into the rial push-ups to Forrest Sibley waters of Sibley’s honor their fallen hometown, his teammates teammate. joined family members and Sibley, 31, had served in the friends to complete a memorial Air Force as a combat controller ruck march to his final resting since 2008. In his seven years of place at Barrancas National service, he received four Bronze Cemetery (BNC). Star Medals, once with valor for “When we lost Forrest, most heroism in combat, as well as a of his teammates were still de- Purple Heart for injuries susployed for another five months, tained in combat. and couldn’t attend any funeral “Forrest was one of our best or memorial event,” said Lt. Col. combat controllers, but he was Stewart Parker, commander of 21st Special Tactics Squadron, See Sibley on page 2

After parachuting into Pensacola Bay, members of the Air Force’s 21st Special Tactics Squadron make a memorial “ruck march,” a hike with full packs, from NAS Pensacola’s Bayou Grande Marina to Barrancas National Cemetery and the grave of teammate Staff Sgt. Forrest Sibley. Sibley was killed in action Aug. 26, 2015. He had served in the Air Force as a combat controller since 2008. Photo by Mike O’Connor For more photos, see page A4

CNATT: Make Labor Day weekend safety a priority Center for Naval Aviation Technical Training Public Affairs

The Center for Naval Aviation Technical Training (CNATT) safety manager is reminding service members, civilian employees and their families to maintain safety awareness as they prepare for what is generally viewed as the end of summer. CNATTSafety Manager Krystal Hancock said that Labor Day, a federal holi-

day designed to honor the achievements of American workers, includes an extended weekend, with service members and their families often electing to travel to see family and friends. “Whether taking a long road trip or simply jumping in the car to run a quick errand, driving is inherently risky, and traffic mishaps continue to

be a leading reason for lost time, days, and lives across our force,” she said. Hancock said the National Safety Council (NSC) predicts this could be the deadliest Labor Day weekend for drivers in eight years, estimating that more than 430 people could be killed in traffic accidents throughout the Labor Day weekend. She added that service members, often sepa-

rated from their families and travelling significant distances to visit during the long weekend, should take some simple precautions before and during their trips. “Get enough rest before heading outsleepy driving is as dangerous as impaired driving,” she said. “Alternate drivers or take frequent breaks to ensure that whoever is behind the wheel stays alert.” See Labor Day on page 2

‘Be There’ for your shipmates during Suicide Prevention Month 2016 By James Rosenfelder U.S. Navy Bureau of Medicine and Surgery public affairs

NAS Pensacola to host 9/11 commemoration ceremony ... In commemoration of the events of Sept. 11, 2001, Naval Air Station Pensacola will present a ceremony at the National Naval Aviation Museum aboard the base at 10 a.m. Sept. 9. The event will include a guest speaker and a musical rendition from the NATTC Choir, a traditional “two-bell” ceremony, honors performed by the NASP Honor Guard and a 21-gun volley. The public is invited to attend.

Navy Medicine recognizes September as National Suicide Prevention Awareness Month, which began Sept. 1. The theme for Suicide Prevention Month 2016 is “Be There.” Throughout the month, Navy Medicine will highlight the power of peer support and personal wellness, encouraging Sailors and Marines to be there for their shipmates. “Action starts with prevention,” said Vice Adm. Forrest Faison, Navy surgeon general and chief, Bureau of Medicine and Surgery (BuMed). “When a Sailor needs assistance, easy access to support resources and mental health treatment is essential, as is validation of help-seeking behaviors.” Suicide prevention is a yearlong effort. Suicide Prevention Month serves as a reminder that building resilience and preventing suicide requires all

members of the Navy and Marine Corps community to work together. Every life lost to suicide is one too many. “Take action if you notice anything

out of the ordinary for a shipmate; reach out to them,” Faison said. “If you are having difficulties, seek help if See Prevention on page 2

FatAlbertis getting a facelift...Fat Albert, the Blue Angels’ C-130 cargo plane used for transporting crew and equipment to air shows around the country, is currently undergoing a chemical de-paint process at Tinker Air Force Base in Oklahoma after corrosion was found. Once the de-paint process and sheetmetal checks for any other corrosion are complete, Fat Albert will fly to Hill Air Force Base, Utah, for full programmed depot maintenance and paint. Photo by Kelly White

required to make an arrest, unless they have been previously arrested in this country. They usually find out only after they get a chance to talk to a defense attorney. 4. Sometimes English or American legal terms cannot be translated into their language. Legal terms for Latin America in general are much simpler and usually one legal term is used for a lot of things. The interpreter has to then explain the concept and go to the client’s level of understanding. Make sure the interpreter tells you everything he/she told the client and everything the client said. Make sure the interpreter does not convey his/her own opinion about what the client should decide to do to where the client thinks it’s the attorney saying something he/she has not. 5. Some courts, during legal proceedings, have begun asking a defendant whether he/she can fully understand the interpreter. Attorneys should do the same while meeting with their clients. 6. In worker’s compensation cases, some settlement agreements mention several acts enacted regarding the employee’s rights. It would be fair to the client to have a list explaining what each of these is so the client will better understand the full meaning of the settlement agreement to which he is placing his signature. These are simple suggestions that can save the courts and counsel time and effort in properly handling legal matters for non-nationals.

GOSPORTPENSACOLA.COM GOSPORTPENSACOLA.COM GOSPORTPENSACOLA.COM GOSPORTPENSACOLA.COM GOSPORTPENSACOLA.COM GOSPORTPENSACOLA.COM

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Published by BallingerPublishing, a private firm in no way connected with the Department of the Navy. Opinions contained herein are not official expressions of the Department of the Navy nor do the advertisements constitute Department of the Navy, NAS Pensacola or Ballinger Publishing’s endorsement of products or services advertised.

pensacolamagazine.com Summer 2018 www.esrba.com The Summation 21 Fall 2017


News from the Clerk

JUVENILE CLERK’S OFFICES

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he Escambia County Clerk of Circuit Court and Comptroller provides services to the public at five separate locations throughout the county. The services provided at the Theodore Bruno Juvenile Justice Center on Saint Mary Avenue are targeted to specific needs, and if you have not practiced in Juvenile Court you probably have not had any reason to familiarize yourself with our staff or their duties. Please allow us an opportunity to share with you a glimpse of what makes up this dedicated office. There are more case types handled at Juvenile than many realize. These matters include not only juvenile delinquency (criminal charges) and dependency (where the health or welfare of a child is at risk), but also truancy (a failure to attend school regularly), domestic relations (child support enforcement), adoptions, terminations of parental rights, and cases related to the Parental Notice of Abortion Act. When fully staffed, Juvenile Division operates with 16 full-time employees and two student assistants. Nearly 30% of our Juvenile personnel have joined the office within the last year. In calendar year 2017, they processed 1,480 new Juvenile Delinquency cases, 195 new Juvenile Dependency cases, and 39 new Truancy cases and collected approximately $200,000 in court costs, fines, and service fees. The office is also responsible for performing child support audits, placing judgments on obligors when they become delinquent in their support obligations, and maintaining the records of child support cases. Given the sensitive nature of cases involving children, confidentiality is statutorily prescribed and taken very 22 The Summation www.esrba.com Summer 2018

seriously. Personnel must confirm the relationship of any person seeking information from a case, including attorneys, before providing information or answering questions in order to ensure strict compliance with the statutes and electronic access matrix. Before a parent can access information in a case, staff must verify the person’s identity and ensure his or her parental rights have not been terminated. Legal guardians must provide proof of courtordered guardianship. Attorneys of record have access to the case through the online interface and may also view the file at the window after having made an appearance in the case on behalf of a party. Linda Cushing became the Manager of the Juvenile Division in January of

Voluntary e-filing began in June of 2012 and became mandatory for all attorneys effective April 1, 2013, in Juvenile Dependency cases and October 1, 2013, in all Juvenile Delinquency cases. This mandate came immediately on the heels of the major transition to Benchmark as the Clerk’s case maintenance software. In June of 2015, the Clerk’s Office stopped accepting child support and alimony payments over the counter and via mail. All payments were redirected to the Florida State Disbursement Unit (“SDU”). However, this change in procedure did not eliminate the Clerk’s involvement in processing child support and alimony payments. Once the payments are collected by the SDU, they send the payment information elec-

2014 and brought with her a plethora of experience with the Clerk’s Office, including nine years as the Manager of Family Law. This transition occurred at a time when electronic filing was still relatively new to the Juvenile Division and the growing pains were very real.

tronically to the Clerk’s office as a daily report. It is then verified and processed by Clerk’s staff prior to being released to the obligee. This is time sensitive work and must be done expeditiously and accurately to ensure payments are credited appropriately and released to


the recipient in a timely fashion. The office still accepts purge payments as necessary. Yet another growing pain came in 2017 when Juvenile was able to go “paperless.� With the interface of SmartBench, the judicial viewer, paper files have been discontinued and information is now sent electronically for judicial review. Signed orders are received electronically but still are required to be imported to Benchmark and docketed. The process still requires hands-on attention and is not yet automated. In addition to all of the aforementioned changes, four new judges were assigned to the Juvenile bench within the last five years. With each new judge comes a learning curve for Clerk personnel as they adjust to new preferences and styles of the judge and judicial assistant while simultaneously supporting the judge in an environment that may be entirely new to them. As the electronic transition becomes routine, albeit with continuous updates, now we embark on physical changes. Construction of the new jail

is expected to displace a portion of the parking available at Juvenile in the upcoming months, and it is recommended that once construction begins you give yourself additional time to find parking and make your way into the building for any court hearings. Plans include restructuring of the parking areas currently available to provide for additional parking. Our Juvenile personnel are an extraordinary group who work hard to ensure compliance in all areas of their work. With each new technological advancement, they embrace the changes and strive to continue providing excellent customer service in a time that is challenging and often very emotional for anyone who finds themselves in need of their services.

Submitted by Jessica Whittle, Legal Assistant, and Pam Childers (pictured left), Clerk of the Circuit Court and Comptroller.

Summer 2018 www.esrba.com The Summation 23 Fall 2017


The Point of Separation By Bailey Bullion

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he United States government has a balance of authority and charge due to the Separation of Powers doctrine that ensures the equal administration of judgement for the American people. If not for the framers of the Constitution who were impassioned regarding the need for evenhanded divisions among those who direct our country, power would remain unbridled. Ameliorating upon the subversive tyranny of their previous leaders, the founding fathers incorporated the checks and balances system into the Constitution in order to protect civil liberties. Duly set forth in the first three articles of the Constitution, the governmental complex of the United States was established into three individual branches: Judicial, Legislative, and Executive. Each divisional sect was designated to a specialized purpose to

serve and fulfill their duties to the American people and their constituents. The fundamental obligations reserved for them were laid out, however their loose definitions leave various grey areas and impart a mechanism for future generations of Americans to specify and integrate other components of each branch’s accountabilities into the system, regardless of strict interpretation. Previous to the ratification of the Constitution in 1788, Thomas Jefferson, author for the Second Continental Congress, wrote the Declaration of Independence. In its enumeration of facts, it states “He (King George III) has kept among us, in times of peace, Standing Armies without the Consent of our legislatures,”1 and signifies an exemplar chagrin that left the colonists exasperated with the lack of limitation placed on their king’s powers. Begin-

24 The Summation www.esrba.com Summer Fall 20172018

ning in 1774, the British Parliament issued a series of retaliations against the colonists known as the Coercive Acts in an attempt to regain control over the colonies by removing trade opportunities and regulating town meetings. These enactments simply reminded the residents of all colonies about the usage collective suffering. Understandably after being chastened with various trifling taxes such as the 1767 Townshend Acts and the 1773 Tea Act, patriots and loyalists alike became piqued.2 This intriguing history behind the requirement for a divided governmental arrangement provokes thought regarding the framers’ protective desire over the country’s constitution. Over a decade after the Coercive Acts were issued, the Separation of Powers doctrine gained more clarity with the enactment of the Judiciary Act of 1789. The measure as-

sembled and designed a more extensive court procedure. After later being found unconstitutional in the Supreme Court Case Marbury v. Madison, judicial review was established and has become a major wedge in the legal justice system.3 In order to completely understand the value attributed to the Separation of Powers doctrine by the constitutional framers, it is first necessary to consider the duress with which the authors were placed against their evocative history. Having just victoriously waged a fervent and particularly brutal war against the previous oppressing nanny state of Great Britain (a major global power at the time), the early leaders of the United States of America were profound and uncompromising on the premise of incorporating a checks and balances system. Such struc-


ture would unequivocally prevent the magnitude of authoritarianism in the newly birthed country. James Madison, one of the founding fathers, wrote “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny”.4 Madison’s vilification of a centralized power palpably stems from his direct observance of the British exploitment of the thirteen colonies. Previous to the Revolutionary War in the late eighteenth century, Alexander Hamilton would later become Madison’s peer in composing what would become the Constitution penned “Under the auspices of tyranny the life of the subject is often sported with, and the fruits of his daily toil are consumed in oppressive taxes, that serve to gratify the ambition, avarice, and lusts of his superiors”.5 This belief, unyielding and valiant in the public eye, reveals the absolute vexation expressed by outspoken members in the colonies. If one were to envisage the manner in which the colonists were treated, the insufferable taxes and stringent civil liberties, like sentiments regarding their treatment would unquestionably arise. It would become apparent as to why the rehashing of that trauma would want to be avoided by the founding fathers. The Separation of Powers doctrine, as an integral piece of the United States’ core fundamental values, has become involved in numerous political and legal decisions. The Treaty of Versailles, signed in 1919, is a prime illustra-

tion of how the system of checks and balances works. President Woodrow Wilson negotiated and wished to ratify the treaty, but the legislative branch disagreed, and thus the United States did not sign it.6 In 1937, the Judicial Reorganization Bill from Franklin D. Roosevelt was seen as a “court-packing scheme” by many in legislative branch as he attempted to appoint an increased amount of Supreme Court Justices, however it was defeated in congress.7 One familiar right provided the legislative branch is the duty to impeach a president in office. Only two presidents have been up for impeachment, those being Bill Clinton (as a result of the 1998 Clinton-Lewinsky Scandal) and Andrew Johnson (after firing Secretary of War Edwin Stanton).8 However, they were later acquitted. Although he was not actually impeached, President Richard Nixon resigned shortly following his Watergate Scandal. When interviewed by David Frost, Nixon claims “When the President does it that means it is not illegal”.9 These matters make it explicitly known more than ever that there is a need for balance of power in the government complex in order to ensure order is kept. It is unquestionable that the Separation of Powers doctrine has influenced our society, and will continue to promote fairness and impartiality within the United States government. The framers of the Constitution plainly desired for American citizens to live without fear of tyrannous rule from their sovereign leaders, unlike New World colonists in response to the repressive style of the mid-eighteenth century.

About The Essay Contest

(Left to right) Law Week Essay Contest second place winner Elliot Adler, Valerie Walker and first place winner Bailey Bullion

The Northwest Florida Paralegal Association is proud to announce this year’s Law Week Essay Contest Winners for ninth and tenth grade high school students as follows: 1st Place: Bailey Bullion 2nd Place: Elliot Adler 3rd Place: Matthew Rodgerson The 2018 Essay Contest draws on the national Law Day theme of “Separation of Powers” as the topic of the annual Northwest Florida Paralegal Association Law Day Essay Contest for junior and senior high school students sponsored by Escambia Santa Rosa Bar Association. First-place winner, whose essays appear here, received an award of $250 and her sponsoring teacher will receive $150.

Bibilography

Summer 2018 www.esrba.com The Summation 25 Fall 2017


Snap Shots Young Lawyers Devision

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he Young Lawyer Division exists to serve law students and new lawyers. “We put on CLEs, host networking events, help facilitate volunteer opportunites and create pathways to leader- UWF Legal Studies Seniors Young Lawyer Social hosted by Judges Ross and Marci Goodman shup positions within the Bar and com- Halle Diaz (left) and Rachel Witbracht (right) munities.

(Left to right) Past Liberty Bell Winner John Appleyard, current Liberty Bell Winner Rishy Studer, Senior Judge Roger Vinson and ESRBA President, Jodi Cooke

United States Supreme Court Justice Clarence Thomas, current YLD president, Cecily Parker (left) and Frederick V. Longmire, past YLD president (right) at the 11th Circuit YLD Judical Conference

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very year, the Young Lawyers Division and the Escambia-Santa Rosa Bar Association celebrates Law Week. Law Week is a nationwide initiative to promote community awareness and understanding of the law, the legal system and the legal profession. Courts, legal agencies, solicitors, barristers, police and public libraries are all encouraged to get involved.

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he Liberty Bell Award has been awarded by the Escambia-Santa Rosa Bar Association since 1963 to a non-lawyer who has contributed to an appreciation and involvement of the American system of freedom under law. This year, Attorney William Dunaway had the honor of presenting the Liberty Bell Award to Quint and Rishy Studer. Mrs. Studer accepted the award on behalf of the couple.

26 The Summation www.esrba.com Summer Fall 20172018

First Circuit Judges participating in the 2018 Law Week religious ceremony hosted by Chief Judge Nobles at Gadsden Street United Methodist Church

The ESRBA membership raised $2,500, which was donated to Backpack Buddies. (Left to right) Jennifer Daniels, Cecily Parker, Samantha Costas and Michael Thomas


Calendar

Announcements A Special Thanks from ESRBA

ESRBA Annual Installation Banquet V. Paul’s July 10 August ESRBA Luncheon V. Paul’s August 16

New Members Adam Royal Anna Leah Walker Higgins Cody Lance Leigh John Robert Mahoney, II Shannan D. De Jesus

Volunteers who worked at the 2018 Law Week Free Legal Clinic

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he Escambia Santa Rosa Bar Association would like to thank everyone who helped put together this year’s 2018 Law Week Free Legal Clinic, which was held at Richards Memorial located at 2600 W. Strong Street. This year’s legal clinic consisted of 19 attorneys, 14 legal professionals and 10 student volunteers. Together with the Legal Services of North Florida and Northwest

Florida Paralegal Association, we provided access to justice to more than 35 individuals in our community! We encourage our members to volunteer when willing and able. If you or someone you know would like to volunteer for future legal clinics, please contact Judy Naler, Outreach Coordinator, or Iris Davis, Volunteer Recruiter, at Legal Services of North Florida, 850-432-8222, ext. 5016.

(Left to right) Lola Thomas, Andrea Roberts and Jan Butts, Director of the UWF Foundation, pose for a picture at the 2018 Law Week Free Legal Clinic

Special Thanks

2018 Law Week Sponsors FindLaw Moore Hill & Westmoreland Beggs & Lane LexisNexis Synovus Clark Partington Emmanuel Sheppard & Condon John L. Peacock, Jr. Stichter, Riedel, Blain & Postler Lloyd, Gray, Whitehead & Monroe Hancock Bank Saltmarsh, Cleaveland & Gund Wierzbicki Court Reporting F. T. Ratchford Lacey Powell Clark for Circuit Judge Thieman Greene & Associates Terrie Didier Stillwell Law Firm Alex Andrade Davidson & Hiers ProLegal Discovery Solutions Young Lawyers Division Madsen, Kneppers & Associates Law Office of Shannan D. de Jesus Pensacola Legal Support Specialists Association Fall 2017 www.esrba.com The Summation 27


Providing Quality Insurance Services For Over 25 Years 850-484-7011

Come see us at our new address located at 11 West Garden Street Pensacola FL 32502 www.mcmahonhadder.com

28 The Summation www.esrba.com Fall 2017

Summation Quarterly, Summer 2018  
Summation Quarterly, Summer 2018