THE
SUMMATION
On the Move The Team Behind the Team CLE Online Library Judges’ Pet Peeves
p. 70 p. 14 p. 17 p. 18
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4 | The Summation
Contents
Escambia-Santa Rosa Bar Association 216 South Tarragona Street, Suite B Pensacola, FL 32502 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009 Executive Director Jeff Nall jeff@esrba.com Member Services Coordinator Noah Jones noah@esrba.com
13
14
20
From the President
Page 5
Announcements
Page 6
On The Move Page 7 News from the Board of Governors
Page 8
Young Lawyers Division
Page 9
News from the Clerk of the Circuit Court and Comptroller
Page 10
Argo Corner
Page 11
Vessel Safety Check
Page 13
The Team Behind the Team
Page 14
CLE Online Library
Page 17
Judges’ Pet Peeves
Page 18
The Bottom Line
Page 20
Snapshots
Page 22
Lawyer Referral Service Pat Atkinson lrs@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 Caroline Peterson Noah Jones
Kaitlyn Peacock Sheryl Lowenthal Michael Thomas Charlie Penrod
Bara’ah Jaraiseh Codey Leigh Gina Milam
Owners Malcolm & Glenys Ballinger Publisher Malcolm Ballinger Executive Editor Kelly Oden Editor Will Isern Art Director Guy Stevens Graphic Designer & Ad Coordinator Bara’ah Jaraiseh Assistant Editor Kaitlyn Peacock Sales & Marketing Geneva Strange, ext. 21 Paula Rode, ext. 28 Visit our Website at www.ballingerpublishing.com Editorial Offices: 314 North Spring Street, Suite A Pensacola, Florida 32501 850-433-1166 | Fax 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher. Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2018 Ballinger Publishing. All Rights Reserved.
Spring 2019 | 5
From the President
Legacy of the ESRBA
By Darryl “Steve” Traylor, Jr.
I hope that your 2019 is off to a good start. Once again, Spring’s arrival gives me that familiar feeling that the World begins anew as the grass and trees turn green and as the days get longer. I hope that you will take this opportunity to enjoy all that our area has to offer in the way of beautiful scenery and outside activities. Spring is also a busy time for our profession. If you have not recently attended a judicial investiture or one of the U.S. District Court’s naturalization ceremonies, I encourage you to do so soon. These events showcase the majesty of our judicial system and our great country. These will also remind you of the wisdom of our country’s founders and of the legal profession’s rich heritage. Shifting gears, I am reading a book titled How to Think, A Survival Guide for a World at Odds, by Alan Jacobs. In this profound little book, he uses the acronym “RCO” for the phrase “repugnant cultural other.” As the name suggests, this is someone who holds beliefs that are very different from yours, and for that reason you find them to be repugnant. As Mr. Jacob explains: “If I’m consumed by this belief that that person over there is both Other
and Repugnant, I may never discover that my favorite television program is also his favorite television program; that we like some of the same books, though not for precisely the same reasons; that we both know what it’s like to nurse a loved one through a long illness.” - From Alan Jacobs, How to Think, A Survival Guide for a World at Odds, New York: Currency, Crown Publishing Group, 2017, page 27. I suspect that almost everyone has one or more RCOs. For some people, it’s the lawyers! For others, it’s the conservatives, or the liberals, or the environmentalists, or the capitalists, or the socialists. The list is endless. One need look no further than Facebook or other social media to see this kind of thinking on full display. However, as Mr. Jacob opines, this “impoverishes us.” Id. Simply becoming aware of this label has caused me to re-evaluate my own beliefs about people who see things differently. I encourage you to do the same thing. I hope to see you at a Bar function soon.
6 | The Summation
Announcements
The Escambia-Santa Rosa Bar Association
Executive Council Officers President Darryl “Steve” Traylor, Jr. Vice President Warren R. Todd Secretary Heather F. Lindsay
Justice on the Block –
April 27 13th Annual Law Week Legal Clinic Edition
This year’s clinic will be held on Saturday, April 27 from 9:00 a.m. until noon in the Community Room of Richards Memorial U. M. C., 2600 W. Strong Street. Free legal advice will be provided to income-eligible individuals who cannot afford private counsel. Services will be provided on a first-come, first serve basis based on lawyer availability. Attendees are asked to bring documentation and paperwork regarding their issue in question. Justice on the Block is a project of the Florida Bar Foundation and Legal Services of North Florida. Attorneys interested in volunteering are asked to contact Judy Naler at Legal Services of North Florida at (850) 432-8222 extension 5008 or email at Judy@LSNF.org.
Law Week -
May 13 to 19
Presented by
Treasurer Garrett P. LaBorde Immediate Past President Jodi Dubose Executive Council Doug Bates Joshua Jones Christine Kelly Fausel Rebecca Gilliland Frederick V. Longmire Aaron T. McCurdy Cecily Parker Joseph A. Passeretti Young Lawyer Representative Jessica Etherton President Emeritus T. A. Shell
This year’s theme, “Free Speech, Free Press, Free Society,” focuses on these cornerstones of representative government and calls on us to understand and protect these rights to ensure, as the U.S. Constitution proposes, “the blessings of liberty for ourselves and our posterity.” Please join us for our week-long commemoration. The Judicial Reception will be held on Tuesday, May 14 from 5:30 until 7:30 p.m. at V. Paul’s Italian Ristorante. Tickets are $20. The event is sponsored by ESRBA’s Young Lawyers Division and Mike Chastain with Dex Imaging. The Law Week Luncheon will be held on Friday, May 17 from 11:30 a.m. until 1:00 p.m. at the Pensacola Grand Hotel. Tickets are $25. Details on the May 19 Religious Ceremony are coming soon. Additional Law week sponsors (as of 3/21/19) are Beggs & Lane, the Escambia-Santa Rosa Bar Foundation, Saltmarsh, Taylor, Warren & Weidner, Hook & Bolton, and Mediation Plus. For complete information including sponsorship opportunities, please visit https://esrba.com/calendar-events/law-week.
May Bar Meeting -
The Escambia-Santa Rosa Bar Foundation
Board of Directors Officers President Robert A. Emmanuel Vice President Adrianna M. Spain Secretary & Treasurer Kristin D. Hual Directors Sheldon Bernau Margaret T. Stopp Darryl “Steve” Traylor, Jr. John F. “Buz” Windham Louis “Bo” Harper III Jodi Dubose Jeremy C. Branning Stephen H. Echsner Shekka Drayton
May 9
V Paul’s Italian Ristorante, 29 Palafox Place from noon until 1 p.m. The guest speaker will be the President of The Florida Bar Michelle Suskauer. The cost, which includes lunch, is $15 for Escambia-Santa Rosa Bar Association members and $18 for nonmembers. RSVP to esrba@esrba.com.
Division Realignments
Realignment of certain court divisions recently took place in Escambia and Santa Rosa Counties. Circuit Judges Marci Goodman and David Rimmer retired effective January 7, 2019. Judges Darlene Dickey and Scott Duncan transferred their service to the Santa Rosa bench to fulfill the vacancies. On January 8, 2019 the First Judicial Circuit welcomed Circuit Judges Lacey Powell Clark and Jeffrey L. Burns to the Escambia bench. Division assignments and contact information for all First Judicial Circuit judges may be found at www.FirstJudicialCircuit.org.
We’re Social! Connect with us on social media ESRBA FACEBOOK
YLD FACEBOOOK
FACEBOOK.COM/ESRBAFL FACEBOOK.COM/ESRBAYLD TWITTER.COM/ESRBAFL LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION
Spring 2019 | 7
On the Move Awards
Welcome New Members
Attorney Aaron Watson has received the 2019 Trailblazer Award from The University of West Florida. The Trailblazer Award recognizes people who have been guiding lights to the community and have made lasting impacts, particularly in communities of color. Additionally, The Trailblazer Award recognizes those who have made an impact so great that it will serve generations to come in Pensacola and Northwest Florida. Attorney Aaron Watson received the titular 2019 Trailblazer Award at a luncheon held at the Pensacola Museum of Commerce on February 20, 2019. Upon receiving the award, Mr. Watson gave a speech and dedicated his award to his father, Pastor Larry Watson, Sr. “My father was the original Trailblazer. He taught me to work hard, pray hard, and dream big. He made my trails much easier to traverse because he had blazed them before me, ” Attorney Watson said. Attorney Watson is the founding attorney of The Watson Firm, PLLC. The Watson Firm is is a personal injury law firm with offices in both Pensacola and Fort Walton Beach, Florida. In January of this year, Attorney Watson was also named Entrepreneur of The Year by Studer Business Institute. For more information, visit watsonfirm.com
Linda S. Buck David Simpson Mediation Linda@davidsimpsonmediation.com
Adam White was elected the president-elect designate without opposition at the recent The Florida Bar Young Lawyers Division board meeting in St. Augustine and will be sworn in as president in June 2020. White is a partner at Emmanuel Sheppard & Condon, where he focuses on corporate litigation, including real estate, construction, and employment law.
Rebecca L. Bartlett Law Office of Rebecca L. Bartlett rebecca@bartlett.legal D. Reed Ammon D. Reed Ammon, Esquire dreedammon@gmail.com Stephen D. Wilson Beggs & Lane, RLLP sdw@beggslane.com
New Firms DeMaria, de Kozan & White, PLLC Attorneys Kathleen K. DeMaria, Belinda B. de Kozan, and Kathlyn M. White created a new firm. They are located at 510 E. Zaragoza Street, Pensacola, FL 32502 and can be reached at 850-4342761 (phone) and 850-438-8860 (fax). Jerrilynn Hadley, PLLC Attorney Jerrilyn Hadley is now located at The Old City Building, 201 E. Government Street, Pensacola, FL 32502. She can be reached at 850-8964103 and jerrilynn.hadley@gmail.com.
Nancy Lynn Carty Hartjen was one of twenty-two lawyers recognized by The Florida Bar for their work on behalf of low-income and disadvantaged clients at the Pro Bono Award Ceremony at the Supreme Court of Florida on the 7th of February. Ms. Hartjen has given more than 1,200 hours of pro bono legal service in her 10 years as a lawyer in Florida. She was also co-team leader of Justice on the Block. Kelsey Stone (Clark Partington) and Robert L. Jones III (Beggs & Lane) were recognized as 2019’s Rising Stars by Inweekly.
Phil Hall, P.A. Attorney Phillip C. Hall now is located at 1151 E. Scott Street, Pensacola, FL 32503. He can be reached at 850-7484728 or phil@philhallpa.com.
Moves Susan Woolf is now the City Attorney for Pensacola. Her address is 222 W. Main Street, Pensacola, FL 32502. She can be reached at swoolf@ cityofpensacola.com, 850-435-1619 (phone), or 850-595-1290 (fax).
8 | The Summation
News from the Board of Governors From Jeremy Branning
T
he Florida Bar Board of Governors met on December 14, 2018 in Naples. The major actions of the board and reports received included: The Board of Governors unanimously approved an ethics advisory opinion, Proposed Advisory Opinion 18-1, regarding for-profit qualifying providers, which includes lawyer referral services and related payment methods. The opinion prohibits qualifying providers from being paid in a manner that constitutes an impermissible division of fees with a nonlawyer. Under the new rule, a qualifying provider is, “any person, group, or persons, associations, organizations or entities that receive any benefit or consideration, monetary or otherwise, for the direct or indirect referral of respective clients to the lawyers or law firm.” The proposed opinion also cites the comment to Rule 4-7.22, “Qualifying Provider Rule,” that became effective in April. A new Florida Bar member benefits program was approved and will soon be available: TimeSolv, a web-based legal billing, timekeeping and project management solution for law firms. When the agreements have been finalized, these new programs will be listed with the more than 60 other discounted and free The Florida Bar member benefits at www. floridabar.org/memberbenefits. Thirteen legislative positions for The Florida Bar for 2018-20, previously sunset, were approved including support for adequate funding of the state courts system, state attorneys’ offices, public defenders’ offices, court-appointed counsel, and the offices of the clerks of the circuit and county courts
performing court-related functions. The legislative position of the Young Lawyers Division opposing term limits for judges was approved. These positions and current section and committee positions are posted at: www. floridabar.org/legislativeactivity. The 2019 Florida Legislature convenes on March 5. The Board Review Committee on Professional Ethics reported that it has approved a proposal that would prohibit any advertisements from stating or implying that a lawyer is affiliated with the advertising lawyer or law firm or that misleads a person searching for a particular lawyer or law firm, or for information regarding a particular lawyer or law firm, to unknowingly contact a different lawyer or law firm. This proposal could be before the Board on first reading at the February meeting. The Board of Governors approved the following appointments: Judicial Qualifications Commission, to serve six-year terms commencing January 1, 2019: Mayanne Downs, Orlando, and William J. “Bill” Schifino, Jr., Tampa. Florida Rural Legal Services Board of Directors, to serve a 3-year term, commencing January 1, 2019: Ashley Minton, Ft. Pierce. Florida Realtor-Attorney Joint Committee, to serve 2-year terms, commencing January 1, 2019: John Redding, Tampa; Thomas Wright, Marathon; S. Brian Bull, Palm Beach Gardens; and, Andrew Fisher, Orlando. Miami attorney Dori Foster-Morales won election without opposition as president-elect designate of The Florida Bar after election
qualifying closed on Dec. 17. She will be sworn in as president-elect in June 2019 when John M. Stewart of Vero Beach becomes president. Eighteen incumbent members of The Florida Bar Board of Governors were re-elected to additional two-year terms without opposition, and three unopposed candidates will serve as new board members in circuits 11, 13 and 20. One seat in the 11th Circuit has a contested election; ballots will be emailed or mailed to eligible voters by March 1 and votes must be received by midnight March 21. New terms will begin on June 28.
Spring 2019 | 9
Young Lawyers Division
Escambia-Santa Rosa Bar Association Young Lawyers Division
Board of Directors by Jessica Etherton ESRBA YLD President Jessica Etherton and Vice President Kelsey Stone attended The Florida Bar’s YLD Affiliate Outreach Conference in St. Augustine on January Jessica Etherton Kelsey Stone 12, 2019. YLD members from all over the state of Florida attended the conference which was held at the Casa Monica Hotel in historic St. Augustine. This conference is held every year, and approximately two hundred young lawyers attend the event. Prior to attending, the ESRBA YLD submitted a grant application on behalf of Onbikes, Pensacola, requesting funding from the Florida Bar YLD. A huge part of the Affiliate Outreach Conference was dedicated to having all of the YLD Affiliates present their grant applications and answer questions from the judging panel. Jessica and Kelsey presented their grant application and requested the Florida YLD support Onbikes, Pensacola through a monetary award to fund the purchase of a covered trailer. Onbikes provides bicycles to underprivileged children, and since their inception in 2016, they have donated bikes to over 2,000 children. What makes Onbikes so special is that they do not provide bikes directly to the children, but rather to the organizations who support the children throughout the year, so that they are the ones who get to play Santa and give bikes to the children they support. Many of the charities, schools, and organizations that request bikes from Onbikes do not have the means to pick up large orders of bikes, so a covered trailer is the perfect solution both for delivery and storage. On January 31, the Florida YLD awarded the grant to Onbikes. The Florida YLD has supported Onbikes for the past two years, which has allowed Onbikes to continue to grow and support even more children. The rest of the conference was dedicated to networking and social events. On Friday evening, the Florida YLD hosted a dinner and gala for the affiliates in downtown St. Augustine. On Saturday morning prior to the grant presentations, the affiliates engaged in roundtable discussions with other YLD members. They discussed a wide range of topics including what types of events are the most well attended, what they have gained the most from being involved with their local YLD, what types of wellness events they have hosted, etc. The roundtable discussions were very beneficial for Jessica and Kelsey to see what types of events other affiliates host and which ones are successful. The continued struggle with every YLD is to encourage attendance from busy, young lawyers, and everyone enjoyed brainstorming what type of events young lawyers seem to most enjoy and attend. The Florida YLD hosted a luncheon after the grant presentations, followed by a scavenger hunt around St. Augustine. The event was a lot of fun and allowed Jessica and Kelsey to socialize with other young lawyers across the state, as well as learn a little bit of the history of St. Augustine. The Affiliate Outreach Conference is always a highlight of the year for the YLD, and hopefully the ESRBA YLD members will benefit from the knowledge and support gained.
Officers President Jessica Etherton Vice President Kelsey Stone Secretary & Treasurer Caitlyn Prichard Past President Cecily Parker Directors Michael Thomas Grayson Miller Travis Morock
Young Lawyers Division Awarded Grants
The Young Lawyers Division was recently awarded two $400 grants from The Florida Bar Young Lawyers Division. A Roundtable Grant was awarded for the annual “You’ve Got the JD, Now What?” Panel Program, which is held each year in June at Emmanuel, Sheppard and Condon. The program provides an opportunity for young attorneys, law students, and clerks to get tips on topics such as transition to practice, worklife balance, professionalism, and mentorship from a panel of local attorneys and a judge who have practiced in different areas of the law. A networking event follows the panel discussion. A Community Service Holidays Grant was awarded in support of participation in Families First Network’s “Operation Santa.” The funds enabled the local Young Lawyers Division to fulfill the Christmas wish lists of eight children served by Families First Network. Members shopped, wrapped, and delivered the gifts to “Santa’s workshop.”
10 | The Summation
News from the Clerk of the Circuit Court and Comptroller Pam Childers
Clerk’s Public Records Center If you have traveled down Blount Street lately, you may have noticed a name change on one of the Clerk’s outlying offices. The building formerly known as “The Archives Building” is now the Public Records Center (“PRC”). The Board of County Commissioners passed a Resolution renaming the facility at their August 3, 2017, meeting. This change in name reflects the elements of public service now provided at the location. Formerly serving primarily as a warehouse for court records, this office now provides full customer service, including providing copies of public records, providing access to historical records and books, and providing historical Board minutes. PRC processes all Public Records Requests on behalf of the Clerk’s Office, regardless of the department the record may be housed in. Help Desk software has been implemented to increase efficiency and generate prompt acknowledgment and response. When a request is received, it is entered into a queue and assigned to an employee for processing. Response times vary from 1-5 business days depending on the type of request. PRC is staffed by a Manager, six Records Specialists, and two Student Assistants. Robert Smith is the manager and has been with the Clerk’s Office for over 12 years, primarily in the Circuit Criminal records and appeals divisions. He has been at PRC since January 2016. Through calendar year 2018, an average of 860 public records requests were processed per month, with the two highest areas of requests coming from criminal and probate cases. As part of the transition, changes were made both to the exterior and interior of the building.
Inside, the newly-designed customer service area includes customer-accessible computers, allowing the public to view files and microfiche electronically (with advance notice needed for records that are not already viewable online), as well as space to examine historical books that are housed at the location. Security features and customer service windows have been added to provide additional security. The office is open to the public weekdays from 8:00 a.m. to 4:00 p.m. For those who prefer to transact their business via email, the email address for requesting public records is publicrecords@escambiaclerk. com. Information and forms are available on our website at escambiaclerk.com. The types of records most often requested by attorneys include criminal, probate, and divorce cases. In addition to fulfilling records requests, the staff at PRC also work to digitize and verify the digital images of older court files so the paper records are able to be destroyed. Verification serves as an important step to ensure the retention requirements are being met and records aren’t disposed of prematurely. Digital records do not take up physical space and are easier to access. Additionally, the use of backups keep records safe from natural disasters such as floods and fires. When records are requested from a case that does not yet exist in digital format, those records are digitized as a part of the responsive process. Individuals may request to view digital court images via the website. Those requests are referred to as Viewable on Request (“VOR”) and are processed by computer software to identify information that is potentially confidential pursuant to the “List of 22”
contained in Rule 2.420, Rules of Judicial Administration. After the software has completed its pass of the document, a Clerk’s employee reviews the result for accuracy. In calendar year 2018, PRC staff processed over 100,000 VOR requests. There are many documents that may contain sensitive information that is not listed in the 22 categories. For example, medical records pertaining to a party may be filed in a case as an exhibit to a motion or during a hearing or trial. Only a few specific medical records are included in the list of 22 and are thus confidential by rule. Although there may be data elements contained within medical records, such as social security numbers, that are to be kept confidential, a ruling from the Court would be necessary to keep information not set forth in the list of 22 confidential. Absent information being confidential pursuant to rule 2.420 or an order of the Court, PRC will respond and fulfill a request for Court records without making redactions. A filer of Court records should familiarize themselves with the list of 22 and file a Notice of Confidential Information within Court Filing if a document contains information that is included in the list of 22. Staff review by PRC is an essential step in protecting confidential information. PRC works diligently to comply with all applicable rules while responding to requests in a timely and efficient manner. Submitted and Authored by Jessica Whittle, Legal Assistant, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller
Spring 2019 | 11
the argo corner UWF Mock Trial Invitational: A Community Effort by Charlie Penrod
O
n January 19 and 20, the University of West Florida hosted the Eighth Annual Argo Mock Trial Invitational. This event, sponsored by Stetson University College of Law, fielded a robust collection of 24 university-sponsored teams from around the Southeast and enabled studentsto showcase their skills in a simulated courtroom. Florida State University placed first in the competition. Mock Trial allows students to practice their lawyering skills and begin the process of becoming comfortable in a courtroom setting. The teams are required to know and understand the Rules of Evidence; to make objections and conduct effective direct and crossexaminations. “Participating on a college mock trial team provides students the valuable opportunity to develop legal knowledge, public speaking, and critical thinking skills that will serve them well in law school and beyond,” said Dr. Kimberly McCorkle, Vice Provost, Professor and Argo Invitational Coordinator. In particular, the Argo Mock Trial Invitational uses local members of the bar, bench, and paralegal communities to serve as judges for the individual rounds. Every
year, over 40 attorneys, judges, and paralegals volunteer their time. Their help and time is invaluable to the overall success of the event. Volunteers include attorneys from big and small firms alike, as well as the State Attorney’s Office and UWF faculty. Volunteer judges are asked to preside over the case, rule on objections, and score the student’s performance. Judge David Langham, Deputy Chief Judge of Compensation Claims, was one of several members of the legal community to donate their time for the event. “The reason I return to the Argo Tournament year after year is simply the people,” said Judge Langham. “The tournament builds community and collegiality among our university, bar, and outstanding students. There is an incredible synergy effected by the Argo Tournament, as UWF faculty, staff, and students collaborate with ESRBA lawyers and judges. The collaboration is immensely reassuring and rewarding. It is truly an event to plan on each year. I enjoy the opportunity to interact with members of the bar, professors, and coaches. It is a community. Each year I return to familiar faces, new friends, and outstanding competitors. It is invigorating.” UWF’s team, led by Outstanding Attorney Award recipient Jessie Merritt and
Dr. Kimberly McCorkle, Vice-Provost for UWF, gives an orientation to local members of the bar and bench prior to judging the Argo Mock Trial Invitational.
Outstanding Witness Award recipient Cassie Graham, finished strong. The team finished with a record of 4-3. The team expects to build upon this success as it competes in the Regional Mock Trial Tournament in Orlando later this semester. Each team member is a Legal Studies major with an interest in going to law school. Participating in Mock Trial can serve as a springboard into law school and can give students confidence as they begin their journey into the practice of law. The team, coached by local attorney and UWF alumnus Michael Stallings, began its preparation for competition in September. “I am extremely proud and thank each of my team members for the
amount of effort and work that went into preparing for this tournament,” said Stallings. “The team’s record and individual awards are a product of the countless hours that are invested into learning how to effectively try a case.” The team practices weekly reviewing the exhibits, affidavits, and pre-trial stipulations to craft the best trial strategy for the competition. Participating in Mock Trial can serve as a springboard into law school and can give students confidence as they begin their journey into the practice of law. For more information on how to connect with the Legal Studies program at UWF, please contact Associate Professor Charlie Penrod at cpenrod@uwf.edu.
Support Center (FFSC)
n will be holding a Transitio rs
service membe NASP Fleet and Family Job Fair is open to all Fair Oct. 12 ... . (off Farrar Rd). The TAP a FFSC TAP Job Classroom, Bldg. 741 NASP_TAMP@NAVY.MIL NAS PensacolJob Fair Oct. 12 at 10 a.m. to 2 p.m. in the TGPSrs. For more information, call 452-7788 or e-mail (TAP) Assistance Program spouses and family membe ts, guardsmen, retirees, on active duty, reservis
September 28, 2018
sportpensacola.com
on Training Squadr n U.S.A.F. 359th ance Ru br em m Re IA hosts POW/M VISIT GOSPORT
Vol. 82, No. 39
ONLINE: www.go
action for the largely sified as missing in attending the event, student population s of sacrifices but to ensure the memorie s from years made by service member . the 359th TrainService members of a 24-hour Pris- past are not forgotten held captive 24 d “Prisoners of war are year,” he said. ing Squadron organize Action (POW/ a in days ssing 365 hours a day, oner of War/Mi wn day Run Sept. 20 to “This is a not as well-kno year, MIA) Remembrance TechniAir that we recognize every this 21 around the Naval start (NATTC) and we wanted to cal Training Center and Naval run today (Sept. 20) to courtyard onboard la continue it for 24 hours Air Station Pensaco the vigilance ze symboli (NASP). POWs Air and courage those More than 300 U.S. held Marine must have daily while Force, Navy and .” ats captivity in member Corps service event openGuest speakers at the tended the Vigil Run retired several of included former POW ing ceremony, with s voluns, Capt. Robert Doremu member Navy U.S. service those circuits of the officer who spent nearly teering to walk or run Sept. 20 through a radar intercept in Vietnam and courtyard from 3 p.m. shifts in an effort 2,800 days in captivity captivity during Op3 p.m. Sept. 21, taking flag in motion for was released from Feb. 12, 1973, and IA eration Homecoming to keep the POW/M PenNAS the Rivers, Mario the 24-hour event. n Instruc- CMDCM chief. Riv359th Training SquadroBarnes said sacola command master to eject from Chief CMDCM Mario forced Matthew Command Master Doremus, who was II flag during the 359th tor Tech. Sgt. an Pensacola (NASP) Action (POW/MIA) Naval Air Station to not only create ell-Douglas F-4 Phantom of War/Missing in Sept. 20 in the Naval the event served 1965, U.S. his McDonn ers carries the Prisoner ored POW/MIA Remembrance Run Vietnam on Aug. 24, Force, awareness of the nearly 131,000 (NASP). U.S. Air clas- over North Training Squadron-spons courtyard onboard s who have been Center (NATTC) or run circuits of the service member more the and run on page 2 war POW of Air Technical Training service members volunteered to walk s See shifts in order to keep sified as prisoner Corps members clasNavy and Marine 3 p.m. Sept. 21, taking than 82,000 U.S. service Greg Mitchell p.m. Sept. 20 through By Ens. Scott Reagh Affairs NAS Pensacola Public
ing (CART) of Readiness and Train ander’s Assessment systems, providing holes in our response ipates in two-day Comm those while nder, and fill the base services for all NAS Pensacola partic scenarios, is a Comma a higher quality of possible real-world (CNIC)-mandat-
event. Photo by courtyard from 3 in motion for the 24-hour the POW/MIA flag
base.” Command they are onboard the nder, Navy Navy Installations CNIC and Comma the During the event, ed certification event. ) evaluators assessed time we need to idenRegion Southeast (CNRSE capabilities through a “CART gives us the training syllabus and response us base’s emergency tify our needs in our tests, including suspicio , s we may have had correct any mistake series of predetermined
By Ens. Scott Reagh Affairs NAS Pensacola Public
PensacAir Station (NAS) NAS Naval Pen sac emergency
scenario to ola hosts Blu security, fire and Burt Fenters, the Demon ola’s stratio front gate, a gate runner Beach te Angels n Squadron, the two day event,” surveillance of the ents during theparticipa Blue Angels Hom ment departm cy manager said. exercise at the Mustin sed manage days ecomin at 8 a.m. Assessment , will close the 2018 season and admiss g Air are a live shooter trainingand NAS atPensacola emergen nder’sion g of an improvi the Comma and their ed in parking for all shows deal is critical if weShow merou the realHomec s conces andstands and the.finding (CART) g forannual 2 anddisablin ClubNov oming s for Training ouronboa are free.“Trainin 3 ... The Navy’s Flight Show Areas will be . Pets and cooler of standardAir of Readinesssion level rd NAS Pensacola inform reserv a high s are not permitted. to maintain ation on the26show ed for on page 2 to 27.and the physic CART Nov. 2 and See3. er teams ally here Security person exercise Sept. respond challen reserv cy Gates ged. ed open physical emergen seating and Food and memo nel and signs will was to find security and rabilia will be availab both CART, an administrative participants , go to www.naspens these two daysdirect spectators to parkin acolaairshow over le at nu.com. to provide g areas near the at NASP. Our goal g exercise designed show site. For additio environment involvin nal an in-depth learning
awarded NAS Pensacola reation Rec 2018 National ciation gold and Park Asso Ind.
of the U.S. Navy battle
FL State Supreme Court Certified Circuit Civil Mediators
service members
Naval Air Stap ... Service members nship held onboard ll championshi end, Forces Softball Champio napolis, of service. At series’ NASP hosts softba 2018 Men’s Armed from all branches the Corps during the Mitchell nt consists of teams of the U.S. Marine NASP’s receipt of silver. Photos by Greg The three-day tourname and Air Force took a thorough Pensacola (NASP). champions; Navy GOSPORTtion award caps off VISIT ONLINE: www.g team were crowned Corps d’s osportpensacola.c the U.S. Marine review of the comman om on by a panel of applicati y October 5, 2018 The American Academ recreation the National on five park and will be held Oct. 13 in recogfor Park and Recreati 2018’s U.S. Navy Birthday Ball ) professionals, each Sea” is the theme for Ball .... The 243rd la. “Forged By The black U.S. Birthday Navy Administration (AAPRA nized for their experience whites (military) and onboard NAS Pensaco NaNaval Aviation Museum and a 7 p.m. dinner. Attire is dinner dress more go to https://www. in partnership with the recreation d. For Park in parks and gala with 6 p.m. cocktails Air Wing Six Comman national tional Recreation and colaNavyBall. ). Hosted by Training an- on both local and levents.com/events/Pensa ww.acce tie equivalent (civilians By Ens. tickets, https://w Association (NRPA) to go levels. vyball. For Scott Reagh age of behind but also nounced Naval Air Station one of four beneficiaries over the facebook.com/pensacolana NAS Pensacola Public Affairs was TRICARE to NASP for reinfor (NHP) the a as ce the a flu vaccination Pensacolimportant role to receive Pensacola (NASP) the award, teammembe service available at Naval Hospital Medicine should visit their vaccines are Medal finalists for play in defense not enrolled Medical Home Port In Family or Internal to a rs Flu vaccines ... Flu 2018 National Gold Medicine tion with Marine Corps to associa Gold 3:30 p.m. Beneficiaries of the nation.through Friday from 8 enrolled ce in edging out Mothe “One 8 a.m. toStar r’s Friday of the 6 months. Beneficiaries and from (MCAS) Clinic Monday Award for Excellen Family tionprimar through y reasonavailability ’s vaccine Day, at the ent Monday of the vacNaval Man- Air Station we Immuniza flu have theclinic AircanStation on the s without an appointm receive the to check Park and Recreation Clinics Star event Pensacola’s their Gold Japan; Portscontact 505-6257. to the Pediatrics is call should (NASP to enrolled Clinic more, remem Forces Iwakuni, or For Heath ) Team Fleet noon. ber (Armed to and Family Supa.m. who chose to agement to a Naval Branch Shipyard in Oct. 13 from 8all enrolled port serve at the hospital Center Clinic ) Sept. mouth Naval a.m. to 4 p.m. Patients (FFSC Flu Vaccine ough ) hosted a tarily their nation, who volunRecreation category a Drive-Thr Bells Across Ameri put on the uniform ancine. NHP is holding 25 during the NRPA ,” he en Service Memb ca for Fall- said. “Those service See Gold on page 2 Indiaers members nual conference in Sept. 27 at the Aviatioceremony are remembered rial Chapel onboar n Memo- and they showe and honored, d a love of their d NAS Pen- nation sacola. by being willing to serve. It means a tremen Conducted throughout the concurrently to me for them dous amount United States to under the auspice bered and honore be rememd.” s of the Navy Gold Star Progra Bells Navy, NAS m, Bells annual Across Americantsisconstitute an Department of the Across Ameri nor do the advertiseme Navy collabo ca recogn rative effort Department of the of theizes military not official expressions between U.S. contained herein are service members who lations around military instalof the Navy. Opinions died while on active with the Department the world and firm in no way connected duty. The the Publishing, a private or services advertised. bell Ballinger products by Navy was of t tolled as Published Gold Star Progra Publishing’s endorsemen m, Pensacola or Ballinger sacola, Florida the 124 Pen- an entity design ed to serve the -area service members’ names familie were read tive s of all who died on acaloud to honor duty, regardless their commitof service or cause of branch ment and sacrific e. Naval Air Station The program provid of death. Cmdr. Bryan Pensacola (NASP Sept. 27 as part ) honored the NAS Pensacola Crittendon, ing family membe es survivof the nationw sacrifices of service ide program Bells ents the flag as chaplain and event command port, information rs with supmembers and Across Americ bell ringer AN their families guest speaka. (Above) DC3 Cole Spaid, officials for as long as they and services er, said the sombe Sammy Cohen and participants desire. r occasion pres- served look on. Photo Since 1936, the not only to by Mike O’Con last Sunday in nor family members recognize the of those left See Bells on page By Lt. John Laughr 2 ey Information Warfar now at 35 years. e Training Comma Every session of Corry Station Public nd program the exposure to people typically draws Affairs that have differen between 40 to 60 staff and t experiences and Every Saturday students and open their eyes starts off with the Information Warfar to a tor having menwhole new world e Training Com- a different elementary school breakfa mand (IWTC) st of at possibi the is chosen each school. Once lities the kids Corry that they might not arrive, they will off another iteratio Station will kick dents range time. The stuhave they will play n of the Saturda from grades 3 wise known about,” other- games like kickball, Scholars Progra y to 5, and each put puzzles togethe ITC Bill and m at r Kelley, IWTC Corry math relay races The Navy’s Flight Corry Station Chiefs orientation in the signed their student is as3 ...through StationNov. 2g. and ’s mornin out theboth own mentor. This Mess tomorrow, SaturdayAir The biggest open ScholaShow Oct. 6 at 9 a.m. 3. Gates rs coordinator iteration’s school ing la Nov. 2 andweeken d of the ecomsaid. six-wee Pensaco NAS is Montc k program “The mentor els at nuonboard lair Hom Ang Show is a will Corry Station has available s truly trip to bethe Elemen ming Air Blue s care al Naval bilia tary School NationHomeco host memora about the acol annual a and longest , their these part at Aviatio Food studently ed. running bia Countyclose the 2018ofseason al the Escamn Museum.site. For addition Saturda Pens s and challeng y Schola dedicat NAS physical three to for show rs Program inn,the “This fourthe Blue Angels, will School Distric areas is a near theU.S., hours every Saturdars toe parking great the t. Areas will be reserved opportu Squadro free. tration are nity spectato “The y for to break for Sailors sixelweeks Demons all shows will direct s at these schools to ensure and signs the monotony of on and parking forstudent that the student personn receive being on base has the best experience days at 8 a.m. and admissi are not permitted. Security possible.” olaairshow.com. stands. Pets and coolers merous concession go to www.naspensac See Scholars on and reserved seating, page 2 information on the show
Vol. 82, No. Scott By Ens. 40 Reagh NAS Pensacola Public Affairs
Simpson Mediation Services • More than 76 Years of Combined Civil Litigation experience • No Rescheduling or administrative Fees • Flexible Scheduling • No Travel Cost to Mediations across the panhandle
Bells Across Am erica toll at NASP
IWTC Corry Statio n
ola NAS Pensac
Notes ...
to kick off new ite ration of Saturday Scholars
DaviD SiMpSon
NASP Notes ...
U.S. Birthday Navy Ball .... The 243rd be held Oct. 13 U.S. Navy Birthda in the y Ball will Pensacola. “Forged National Naval Aviation Museu m onboar By The Sea” is 6 p.m. cocktails the theme for 2018’s d NAS and gala with NAS Pensacola (military) and black a 7 p.m. dinner. Attire is dinner Commanding Officer Capt. Christo tary and commu Wing Six Comm tie equivalent (civilians). Hosted dress whites nity pher Martin (cente and. For more, by Awareness Month. leaders as he signs a proclam go to https://www.fa Training Air r, seated) is joined pensacolanavyball. ation recognizing Photo by Mike For by milicebook.com/ O’Connor October as Domes events/PensacolaNa tickets, go to https://www.a tic Violence ccelevents.com vyBall. / Flu vaccines ... Flu vaccines are October 12, 2018 available at Naval (NHP) for TRICAR Hospita E beneficiaries over .com nsacola enrolled to Family the age of 6 months l Pensacola sportpe Medicine or Internal . Beneficiaries ONLINE: www.go By Ens. GOSPO ScottRT receive a flu vaccina Medicine should Reagh visit their team to VISIT tion without an appoint resolve and commi NAS Pensacola from 8 a.m. to 3:30 Vol. 82, No. 41 ment Monday tment to be p.m. Beneficiaries through Friday ending domestic done in regard Public Affairs Team or enrolled not enrolled to a Medica to stopping violenc to the l Home Port abuse amongst Sailors e and domestic violence Immunization Clinic Pediatrics Clinics can receive the and abuse all flu and their togethe Monday through families. tients enrolled to Friday from 8 a.m. vaccine at the October is Domes r. a Naval tic check on the availabi Branch Heath Clinic should contactto 4 p.m. Pa“It is Domestic Violen Awareness Month Violence lity of the vaccine their clinic to ce Aware- derstan extremely critical to un(DVAM) ness Flu Vaccine Clinic . and d that domestic Month recognition onboar apat the hospital Oct. NHP is holding a Drive-Through d for Naval s) violenc Air Station board call 505-6257. 13 from 8 a.m. to mander (TYCOMPensac NASP began three on- and abuse is not just physica e Each ola noon. For more, (NASP) Comm Story, photo years l, andplication information. but ago and was it often is extrem ing appli-Capt. Christo Officer own ely emoby Ed Barker Fire Prevention TYCOM has theirMartin pher important designed to honor tional and Week is next n and Training mental as well,” individuals both week (Oct. a proclamation Naval Educatio “LOOK. LISTEN. cation procedure. during signed Lau7 toent on rie Darmo 13). This year’s LEARN. Be aware. Developm ge thattheour fal, a victim advoca themeknowled third annual Com- and off the base who have done is ProfessionalFire sage from Fire & can “The happen te anywhe Affairs reEmergency Service (VA) with the Family incredible work ) Public re.” For mes- bring to the munity Respon Center (NETPDC s Gulf helping victims Coast, see Gosporfleet aexperts Advocaen- se to Domes- of domes it cy t page A2. able, Progra tic Violen irreplace m tic is at NASP Fleet and abuse. The ceremo ce ceremony E-9) in- views Oct. ny and to remain 2, addres Navy chiefs (E-7 to future ables the exams signing also highlig - Family Support Center (FFSC sing the Navy’s the ) firm that there ht and identifies Sailors, terested in shaping is still much work needed to relevant right skills to select to of their ratings are the See DVAM on page Matter Ex- with 2 ment,” said Naval serve as Subject upcoming for advance n and Training Properts (SMEs) for Advance- Educatio Development Center l Fiscal Year 2019 Readiness fessiona C) Command Master ment Examination (NETPD ). Gregory (SS) Reviews (AERRs Mes- Chief, ETNCM Naval Administrative 221/18 Prichard. “AERRs give chiefs Published by Ballinger sage (NAVADMIN) sched- a tangible, direct input toward– Pensacola or Ballinger Publishing, a private firm in no waythe ity AERR Publishing’s endorsem ed connected with the Departme shaping their commun announc ent of products De- nt of the Navy. Opinions a say in what or services advertised contained herein . nts have ule for October through are not official on this participa expressions of the Department cember 2018. Based mem- their reliefs need to know.a of the Navy nor do the advertisem panel AERR ents constitute participation is also schedule, Department of the Navy, NAS SMEs for AERR nt experience and rebers work as Fleet significa to depotheir respective ratings ment sume builder that has the chief advance E-7 every to benefit velop E-4 Navy tential to exams for future cycles. active throughout the Navy.” beon chiefs (E-7 to E-9) AERRs vary in length are (FTS) and Support weeks Time two Full to duty, Duty tween one for their rating exam ut the year, with prepare questions and reservists on Active t Submarine AERR (ADSW) held throughobeing reviewed on Culinary Specialis for Special Work ratings Chiefs from the latest from every rating are needed for AERRs. take part most to E-9) are encouraged to bank. Chiefs (E-7 out See SMEs on page 2 in the process by reaching Type Comto their respective the statement. FurSOU and agrees to the Sailor said. instructions will guide Development Center upgrades include to know about ther website (https://mil“Our recent NCMIS Here are three things to the milConnect to the Post-9/11 GI connect/) to ments: By Ed Barker the latest updates t the NCMIS enhance 1 GI Bill Pro- connect.dmdc.osd.mil/mil edgemen Training acknowl and n Transfer of Eduonline All Naval Educatio Bill, including 1. Updated Post-9/1 transfer benefits. Benefits ent Center requests must be ed in NAVADMIN ability of Education (TEB) Professional Developm announc As Transfer Benefit of cess: cation Improvements to required to sign Personnel Command (NETPDC) Public Affairs (TEB) requirements; 236/18, all Sailors are to approved by Navy Application including Reserve Forces Understanding (SOU) backbone the MyEducation or Commander, Navy and a Statement of transferring unused can see the status of As part of the software ality of the individual notifications to Sailors; begin the process of Command. Sailors function d Education Vouchinto milConnect. n Benefits to family used to support the website and Upgraded Advance n Voucher (AEV/ GI Bill Educatio a- their TEB by logging Navy College Program ate Educatio Once logged into MyEduc Education Center er/Gradu Ramey, members. Program Steve on page 2 College ality,” college Navy Navy College Virtual function See Navy tion from the College Manage- GEV) reviews the manager for the Na(NCVEC), the Navy the service member (NCMIS) is NCMIS program Professional website, ment Information System val Education and Training continually updated.
• Business Litigation • Commercial Disputes • Employment Disputes • Discrimination Law • Probate Litigation • Personal Injury • Real Property Disputes
Domestic Vio recognized lence Awareness Month onboard NA S Pensacola
ncement exams SMEs critical to adva
Three things gram updates: Navy College Pro
LinDa BUCK
S M S
to know
NASP Notes ...
Ball will U.S. Navy Birthday Ball .... The 243rd Aviation Museum onU.S. Birthday Navy 13 in the National Naval 2018’s be held tomorrow, Oct. Sea” is the theme for la. “Forged By The Attire is dinner dress board NAS Pensaco and a 7 p.m. dinner. gala with 6 p.m. cocktails tie equivalent (civilians). Hosted by Trainblack ww.facebook. https://w whites (military) and to go d. For more ing Air Wing Six Comman tickets, go to https://www.accelevents. Naval For National vyball. the at com/pensacolana greet visitors vyBall. USS Nimitz will soon com/events/PensacolaNa storied aircraft carrier a The flight deck of NNAM at Naval Hospital Pensacol Photo courtesy of ries vaccines are available Aviation Museum. Flu vaccines ... Flu age of 6 months. Beneficia to beneficiaries over the should visit their team (NHP) for TRICARE or Internal Medicine Friday enrolled to Family Medicine ent Monday through n without an appointm to a Medical Home Port vaccinatio flu a receive shades of gray. Beneficiaries not enrolled the flu vaccine at the carrier ed by various cale from 8 a.m. to 3:30 p.m. receive can largest-s the Clinics nuclear-powered aircraft of is Pediatrics As one 8 a.m. to 4 p.m. NHP class. Team or enrolled to the From Malerie Shelton through Friday from and lead ship of her tations of an aircraft , Oct. deck rep- represen Immunization Clinic Monday Vaccine Clinic at the hospital tomorrow Naval Aviation Museum The 200-foot flight Flu flight deck in the world, holding a Drive-Through more, call 505-6257. d of more carrier Foundation it is like to For lica will be comprise visitors will see what 13 from 8 a.m. to noon. three-foot-by-threedeck of and Aviation than 600, walk across the flight Oct. 12 ... NASP Fleet The National Naval recogand more than 1,000 TAP Job Fair tomorrow e Program NAS Pensacola FFSC one of America’s most will soon foot tiles a Transition Assistanc holding various be in will p, Museum (NNAM) (FFSC) pieces symbols of peacekee with individual Family Support Center 2 p.m. in the TGPS Classroom the real-life nizable on Oct. 12 at 10 a.m. to welcome museum visitors to all service members (TAP) Job Fair today, flight colors that match supercarrier ing machinery. The TAP Job Fair is open and family members. the to add a custom-designed replica Bldg. 741 (off Farrar Rd). spouses (CVN markings on “We are very excited , guardsmen, retirees, catapults, arrestdeck of the USS Nimitz active duty, reservists ve exhibit to the NASP_TAMP@NAVY.MIL. uare-foot ship. Nimitz’s n, call 452-7788 or e-mail deflectors, this impressi informatio blast 68). The 8,800-sq jet more For gear, be fea- ing 2 vinyl-tile flooring will and hundreds of airSee Nimitz on page side of the hatches are all representtured along the east to the craft padeyes museum lobby – a tribute
lica at t deck floor rep USS Nimitz fligh al Aviation Museum the National Nav
GOSPORTPENSACOLA.COM of the with the Department firm in no way connected advertised. Publishing, a private t of products or services Published by Ballinger Publishing’s endorsemen Pensacola or Ballinger
Navy. Opinions contained
herein are not official
expressions of the
Department of the
Navy nor do the advertiseme
nts constitute Department
MeDiation areaS
David a. Simpson,
FL State Supreme Ct. CertiFied mediator #35459r
Linda Buck,
FL State Supreme Ct. CertiFied mediator #35457r
p.o. Box 66 Shalimar, FL 32579 phone: (850) 543-5601 or (850) 783-0250 email: david@davidSimpsonmediation.com or Linda@davidSimpsonmediation.com
of the Navy, NAS
DaviDSiMpSonMeDiation.CoM
Spring 2019 | 13
Courtesy of U.S. Coast Guard
Free Recreational Vessel Safety Check by the U.S. Coast Guard Auxiliary N
ow that spring and the boating season have arrived, the United States Coast Guard recommends that all recreational boaters, including personal watercraft and paddle sports users, take advantage of the free vessel safety check program offered by the U.S. Coast Guard Auxiliary. What is a vessel safety check? The vessel safety check is a free, complimentary check of your boat conducted by members of the coast guard auxiliary, confirming that it meets both federal and state requirements for safety. The vessel safety check gives you a risk-free way to be sure that you and
your vessel meet the legal minimums and avoid a potential citation later. The vessel safety check is performed on your boat by a certified Vessel Examiner at a mutually convenient time. The inspection can take place in a boat slip at a marina, a boat launching area or even in your own driveway. The inspection usually takes 30 to 45 minutes. If your boat passes inspection, a decal is issued to be attached for display on your vessel. What if your boat does not pass? If your boat does not pass, no citations are issued, no reports are filed and the results of the safety check are not reported to any enforcement agency. Instead, you are
provided a written report that aids you in correcting any problems noted. Often a quick trip to the nearest boat supply company is all that is necessary to obtain missing safety items and easily pass a reinspection, sometimes in the same day. How do I get an appointment for an inspection? Go to cgaux.org for the location of the Vessel Examiner nearest to you. The site also includes a list of the type of items to be checked. While at the site, also check out the various boating safety education classes offered.
14 | The Summation
The Team Behind the Team Blue Wahoos’ Legal Staff
by Shekka Drayton
A
s the Blue Wahoos gear up to take the field for their 2019 season, their legal team celebrates off season victories. The Blue Wahoos, Pensacola’s Double-A affiliate baseball team, is proudly supported off the field by a small, dedicated group of local attorneys. Clark Partington’s Scott Remington, Charles James, and Will Dunaway comprise the Blue Wahoo’s local counsel. Each attorney contributes to the team’s larger support system.
Remington takes a moment to provide a glimpse into the roles of the legal staff behind Pensacola’s beloved Blue Wahoos. Much like a pitcher, catcher, and shortstop, Remington, James, and Dunaway each play distinct and important roles. Remington reviews various contracts between the team and outside companies. Remington’s work is particularly focused on the review of contracts between the team and Wahoo sponsors. Charles James is a board certified real estate
attorney. He handles various real estate matters for the team from stadium lease matters to placement of advertising around the stadium. Rounding out the legal team is Will Dunaway, an environmental lawyer who consults with the team on rain and field conditions. When asked about the most rewarding part of serving as legal counsel for the team, Remington stated, “We get satisfaction from being part of an organization that brings joy to the entire community all summer long. Also, when a foul ball hits one of our >
Spring 2019 | 15
“ Scott Remington vehicles, we get a free box of really good steaks from Lloyd’s Auto Glass.” The off season is the busiest time for legal staff. Much of the work done during the off-season is aimed at improving the overall fan experience during the season. Remington projected the team will spend in excess of $500,000 in improvements to the scoreboards, signage, concession stands, and painting this year alone. A commitment, he notes, that is unique to minor league baseball. The Blue Wahoos will usher in this season with a new Major League Baseball affiliate, the Minnesota Twins. When asked about Clark Partington’s role in this partnership, Remington responded, “Legal staff is a
small part of the overall team. The decision to go with the Twins was based on the shared values of both organizations and the shared vision on how to create a positive fan experience and great customer service. Once the two organizations decided to team up, the details were easy to work through.” Beyond serving as legal support for the Blue Wahoos, Remington, James and Dunaway are fans of the team. Like most fans, Remington, James, and Dunaway prefer enjoying the games with food and cold beverages. Remington’s favorite concession is a ballpark classic, a hot dog with mustard coupled with a cold soda to wash it down. James prefers
We get satisfaction from being part of an organization that brings joy to the entire community all summer long. Also, when a foul ball hits one of our vehicles, we get a free box of really good steaks from Lloyd’s Auto Glass.”
to splurge on the fresh salad bar offered by the Hancock Whitney Club and a cold beer. On the other hand, Dunaway, a seafood lover, pairs dishes from the new “Fish & Hits Pub” with an McGuire’s Irish Wake. When asked about his favorite part of attending Blue Wahoo games, Remington responded, “Ironically, the best part about attending a game is socializing with friends you run into at the stadium overlooking Pensacola Bay. Blue Wahoos stadium has become a community gathering place where people can come together and
celebrate the diversity and vibrancy of our community. Clark Partington is proud to play a part in this community treasure.” The Blue Wahoos have become a community staple thanks in part to the invaluable support of legal counsel. On your next visit to the Blue Wahoos stadium, whether you are grabbing a bite from concessions, admiring the immaculate diamond, or simply enjoying the game, take a minute to appreciate the “team behind the team.”
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Spring 2019 | 17
On-Demand Resources UPDATED WEBSITE ESRBA’s new website is live and packed with great features. For starters, our Members Directory is now available online. Member’s contact information can be searched for in addition to firm, specialty listings, and other state bar admissions. The updated calendar displays all of our bar meetings and seminars as well as court holidays. The new site also hosts all of our applications for ESRBA membership, Young Lawyers Division membership,
CLE ONLINE LIBRARY ESRBA’s CLE Library is now digital! Go to cle.esrba.com to get your credits. Each download comes with the audio from the seminar, the PowerPoint/handouts, and the CLE Certificate of Accreditation from The Florida Bar. The audio can be downloaded in any file type that you would like including MP3, FLAC, ALAC, AAC, Ogg Vorbis,
Courthouse ID Badges, and our Lawyer Referral Service. Additionally, credit card payments can be processed on the site which makes paying dues even easier. For those who are looking at expanding their client base, you can be featured on the homepage of the site under the Featured Listings section. Your name, photo, firm information, biography, and fields of practice will all be available to the public.
WAV, and AIFF formats. For your convenience and ease of listening, the seminars can also be streamed directly from the library. If you are interested in presenting a CLE seminar or being recorded for a CLE accredited podcast, please email esrba@esrba.com.
Catalog #
Title
CLEs General
CLEs Other
ESRBA005
Technology & the Legal Profession - Session A
3
Ethics 1 / Technology 3
ESRBA006
Technology & the Legal Profession - Session B
3
Technology 3
ESRBA007
Basic Personal Injury
3.5
N/A
ESRBA008
Mediation - What Really Happens
3.5
Ethics 1.5
ESRBA009
Attorney / Guardian Ad Litem
5
Juvenile 5 / Marital & Fmily 5
UPDATING YOUR CONTACT INFORMATION Our new website allows you to update your personal information as well as renew your dues online. To access these features, logins have been created for all of our members. The login credentials are: Username - The email address we have on file for you, Password - first initial and last name all lower case. With that, you can access the Member Renewal page, or access the login under For Attorneys to see your information and make desired changes. To change your photo email it to esrba@esrba.com.
18 | The Summation
Judges’ Pet Peeves by Judge Ross M. Goodman You might be interested to know that, at a recent Judicial Conference, Judges were polled as to the attorney practices they find most aggravating. This article addresses the “top five” issues. But first, a disclaimer: This poll was not “scientific.” It is useful only in that it conveys the thoughts of a large group of judges. The question is not really whether these practices occur; rather, the question IS whether YOU fall under one of these designations. If so, you might want to “adjust” your presentation so that you can be as effective as possible. Number one: Being prepared “Be prepared” is not just a Boy Scout motto. Lawyers coming into a hearing or trial with only a rudimentary knowledge of the facts and the applicable law, no matter how meritorious their argument, are not going to fare well. Understand that most judges have heavy dockets and numerous cases, which means numerous hearings. There has to be an efficiency to docket management. Otherwise, the docket gets clogged, and attorneys begin to complain that they cannot get a date for a hearing AND to complain that they cannot get a
ruling. If the attorney(s) are not prepared, then the arguments at the hearing are not complete, and the judge is faced with spending extra time doing the research the attorneys should have done. There are only so many hours in a day. So, the judge is faced with the choice of making a ruling on incomplete information, or postponing a decision until there is time to do the research. Simply put, being prepared is in your best interest! Number two: Candor to the Court Question: Is half of the truth, the truth? Is three-quarters? No matter how bad the truth is to your case, you cannot run from it. The truth will come out. Your task is not to create the best case for your client, whether fictional or not. Your job is to discover the truth and then create the best case you can for your client.
DO talk with each other, and they do talk about unprofessional conduct by particular lawyers. A reputation of being less than fully honest will not just affect one client, it may potentially affect all. Number three: Not communicating with opposing counsel until in front of the Court You have a motion and a meritorious argument. You are not the only one who is aware of this. Opposing counsel is also aware of the merits of what you seek. A professional lawyer prefers to avoid hearings if the matter can be resolved amicably. But the lawyers don’t talk, and they set a hearing, and at the hearing they quickly reach agreement on the motion and the remedy. That is great! What is the problem? The judge has scheduled time for your hearing that could have been used by someone else.
Think about it—how many times have you witnessed an attorney telling a judge less than the full truth? Don’t you pray for this to happen, especially when you can prove the opponent has been less than forthright? You not only get to set the record straight, but you also get to establish yourself as both prepared and honest.
It is just basic courtesy to consult the opponent and try to seek a resolution without involving the judge. Moreover, it is in your best interest, because your reputation as a professional grows, and the judge has more time available, sooner, for the matters that really do require a hearing.
Conversely, the attorney being less than truthful risks not only losing the argument, but also losing the respect of the judiciary—not just the one judge. I don’t want to give the impression that we judges sit in a conference room each day and talk about lawyers. However, judges
Number four: Offensive communications between counsel Let me pose a rhetorical question: When has it ever been to your benefit to be ugly, disrespectful, or otherwise unprofessional towards opposing counsel while in front of a judge? It might make you feel good,
Spring 2019 | 19
“We are all human. We have good days and bad days. We have days where our conduct as legal professionals falls below the standard of professionalism called for in the various Codes and Creeds of Professionalism. Knowing this, we need to guard against our personal problems affecting our professional conduct. This can only be done if you are self aware; if you pay attention to what you are doing and remain vigilant.”
but it is of no help to you, your client, or your argument. Of course, attorneys are human, and humans get angry. That is perfectly fine, up to the point that it takes away from the persuasiveness of your argument. When one lawyer “snipes” at another, it is the lawyer who does NOT respond that is respected by the judge. But when both attorneys trade insults, all the Court is thinking is that they are wasting time. Arguing the facts, the law, and the merits is perfectly acceptable. Arguing about anything else does nothing for your case. Yes, I know what you are going to say: How do I respond when opposing counsel is not telling the truth, or is being offensive, or is making attacks on you or your client? The answer is simple: stick to the facts, the law, and the merits of your case (as that is all the judge is interested in). If the opponent’s conduct rises to the level of being unprofessional, file a complaint with the Lawyer Professionalism Panel in your Circuit. If the opponent’s conduct rises to the level of violating the Rules Regulating the Florida Bar, or your Court’s local rules, then file an appropriate complaint. Number five: Being late to hearings I heard a story a short time ago. A lawyer was two hours late for a hearing. When
the judge asked for the reason, the lawyer said she was in Judge Smith’s court. The judge then asked why the lawyer “doublebooked” two hearings. Incredibly, the lawyer replied: ”Because the other judge would have gotten mad and I knew you would not.“ Obviously, this response did not go over well. I have to be honest, we judges do not always run our dockets on a precise schedule. I will not make excuses; however, sometimes a judge’s tardiness was unavoidable. The lawyers, on the other hand, cause the judges to be running late when the lawyers are late for hearings. It is not just that it is rude. Lawyer tardiness leads to clogging of the docket, which affects us all. If, for some reason, you realize you cannot be on time, then re-schedule the hearing if you can, or, at least, let the court’s Judicial Assistant know that you are running late. This list is not exhaustive, but it will suffice for now. Please understand, this is not meant to brow-beat anyone, nor to suggest that the judiciary believes all attorneys engage in all, some, or most of these practices. The point is to motivate some self-reflection. We are all human. We have good days and bad days. We have days where our conduct as legal professionals falls below the standard of professionalism called for in the various Codes and Creeds of
Professionalism. Knowing this, we need to guard against our personal problems affecting our professional conduct. This can only be done if you are self aware; if you pay attention to what you are doing and remain vigilant. We also need to gently point out to our colleagues (NOT our opponents) when, perhaps, they could have handled a situation better. This is not some laudatory, head-inthe-clouds, aspirational advice; this is pragmatic advice. If you are engaging in some of these practices on a regular basis, your judges and fellow attorneys are well aware of your conduct, and they adjust their conduct accordingly. This may range in form from retaliation (“tit-fortat”) or simply passive aggression. It may also result in you losing credibility or, put another way, being seen as a lawyer who cannot be relied upon. In the end, such conduct only makes your job more difficult. Why do this to yourself ? So, go back over the list. Be honest with yourself about the practices in which you may sometimes engage. Be aware of them, and, next time you are tempted, ask yourself if the gain from this conduct is worth the cost.
20 | The Summation
The Bottom Line
by Georgia Nemeth, Northwest Florida Paralegal Association Entering a new job or career can be stressful, both for a new employee and for the individual training the new employee. While many new employees catch on quickly, others do not. Since not all paralegals charged with training are natural or skilled teachers, this article is aimed at sharing tips and thoughts that may help the training paralegal more easily navigate the process of creating successful trainees and employees. The basic
learning principles shared here can help reduce the stress of the situation and even reduce the amount of time and money spent per hire. The trainer should keep in mind that the trainee is a unique individual whose experiences influence how they receive and interpret new information. Conversely, the trainee’s inexperience will have a significant impact on the amount and intensity of training needed. This is not a reflection on the trainee’s intelligence. The trainer cannot assume that the trainee has the same background or that everything
presented is understood in the exact manner intended. Asking the trainee questions about their experience and understanding before training begins and as training proceeds can be a really helpful way to reach and remain on the same page. Similarly, people possess beliefs and attitudes acquired from previous work and life experiences. Naturally, these also influence how trainees respond, filter and interpret the information presented. Consider that many trainers would suggest there is no such thing as a stupid question. Yet, there are trainers who have responded to questions that seemed
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“Trainers will benefit from developing a conscious awareness of the smaller elements of common assignments. It is generally easier for a trainee to see the bigger picture when they are allowed to see it one piece at the time.” obvious to them in condescending, derogatory or abusive manners. Unfortunately, the trainee may have experience with such environments that they are now hesitant or even afraid to ask for more information or clarification. Remember, what seems obvious or like “common sense” to you may not be so clear to someone with different experience. Also, questions are the trainer’s best measure of what the trainee knows or does not know. Be patient, courteous and professional as you answer questions. Consider whether you would be willing to ask a question of a person whose behavior mirrored your own. Knowledge is organized in the trainee’s brain when connections are formed between familiar information and new information. When those connections are formed, the trainee is better able to retrieve and accurately apply the new information effectively and efficiently. The trainer’s interactions with the trainee can have a positive or negative impact on the trainee’s ability to learn and form those connections. Neurons in the brain are constantly firing and forming these links between old and new information, but a generally negative tone or series of unpleasant responses can slow down that process. Remember that what makes sense to you may not yet make sense to the trainee. Use concrete examples, remember where you began and think back to what helped along your learning journey. While you cannot make another person learn, you can work toward creating an environment that allows natural,
biological processes to occur. Further, learners are most likely to benefit from training when the work/ learning environment is positive and supportive. This does not mean trainees need an over the top experience. Perceived support keeps the brain and body working in a normal, healthy way. Conversely, unsupportive or threatening environments result in the release of brain chemicals such as adrenaline. The release of adrenaline in the brain leads to a “fight or flight” response in the body, effectively shutting down the learning process. Once released, the learner is prevented from committing information to long term memory. This means wasted time for the trainer and the trainee. It is entirely counter-productive. Again, ask questions so you can get a true sense of what information the trainee knows and is retaining throughout the process. Allow the trainee to fail and learn from mistakes – just as you probably did. Be honest about errors you find, but also be gracious. There was a time when you did not know the things your trainee is learning now. To ensure mastery of new tasks, the trainer should break the tasks into component skills and support the learner in integrating those components and in recognizing when and how to apply the new information. Trainers will benefit from developing a conscious awareness of the smaller elements of common assignments. It is generally easier for a trainee to see the bigger picture when they are allowed to see it one piece at the time. Expecting someone to
memorize everything shown in a single training session is unrealistic. Allow the trainee time to grasp one element before moving on to the next. Start with the foundational skills and move on to the more challenging ones later. In this way, you are able to keep track of the trainee’s progress while the trainee remains engaged in the learning process. Practice and repetition of new skills should be coupled with regular, honest and productive communication. Trainers should have learners focus on specific goals to ensure it provides an appropriate level of challenge. Just as you would not throw a person into the deep end of the pool during the first swimming lesson, it is not wise to expect a new paralegal or assistant to perform with the efficiency and knowledge of a seasoned predecessor. Keep the feedback concise and productive. Focus on the most important areas for improvement first and at each stage of the process. Highlight areas of strength. If feedback is consistently negative, the trainee may shut down and retention may grind to a halt. A constantly stressed brain cannot learn. In summary, the ultimate goal of employee training is to establish an independent worker who is able to monitor assignments and adjust in order to complete assigned tasks. While the trainer is not entirely responsible for the success or failure of a trainee, we certainly bear some responsibility for creating an environment that promotes growth. Think back as you push forward.
22 | The Summation
Snap Shots
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Judge Lacey Powell Clark’s investiture 1. Judge Lacey Powell Clark alongside her husband James Clark 2. Retired Chief Judge Terry Terrell, Valerie Prevatte, and Shekka Drayton 3. ESRBA president Steve Traylor and Matthew Ausley February Bar Meeting 4. Jeremy Branning and Sheldon Bernau 5. Rachel Gainer, Susan Harrell, and Victoria Mausteller 6. David Carroll and David Hiers High School Mock Trial Competition 7. Third place team from Pensacola Catholic High School 8. The winning team from Gulf Breeze High School 9. Second Place team from Tate High School
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