The Summation, Fall 2019 by Ballinger Publishing

THE

SUMMATION

On the Move p. 6 CLE Cruise p. 15 Active Shooter Exercise p. 17 Autism in Juvenile Delinquency Court p. 19

Giving Back 2019 Community Service Award Winners

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4 | The Summation

Contents

Escambia-Santa Rosa Bar Association 260 South Tarragona Street, Suite 160 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

From the President

Page 5

On The Move

Page 6

Announcements Page 8 News from the Board of Governors

Page 9

News from the Court

Page 10

News from the Clerk of the Circuit Court and Comptroller

Page 11

Community Service Award Winner

Page 12

Meador Award Winner

Page 14

CLE Cruise

Page 15

Tommy Ratchford on the Wall of Honor

Page 16

Active Shooter Exercise

Page 17

Bottom Line

Page 18

Autism in Juvenile Delinquency Court

Page 19

Kairos Outside

Page 21

Snapshots Page 22

Lawyer Referral Service Pat Atkinson and Lawson Bain lrs@esrba.com Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. 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. Gerald McGill Caroline Peterson Noah Jones Kaitlyn Peacock

Sheryl Lowenthal Charlie Penrod Bara’ah Jaraiseh Codey Leigh

Gina Milam Allison Newton

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. © 2019 Ballinger Publishing. All Rights Reserved.

Summer 2019 | 5

From the President

Legacy of the ESRBA

By Warren Todd

I am honored to be President of the Escambia-Santa Rosa Bar Association and to have the opportunity to serve and represent the membership. Thank you to Immediate Past President Steve Traylor, the 2018-2019 Executive Council, and the Bar Association staff including Executive Director Jeff Nall, Noah Jones, Pat Atkinson, and Lawson Bain for your dedication and effort on behalf of the Bar Association. The 2018-2019 year brought several challenges. During Steve’s tenure, long-time Executive Director Mike Doubek retired. Mike was an outstanding Director who knew every intricacy of our association and turned it into a well-oiled machine. Many of us wondered if we could ever find anyone who might live up to Mike’s level of knowledge, leadership, and professionalism. With Steve’s leadership, the search committee was fortunate enough to find and hire Jeff Nall, who has proven himself to be exactly what the Bar Association needed in an Executive Director. We are proud to have Jeff as our Executive Director. In addition, we learned that we were going to lose the Bar Association’s long-time office located at 216 South Tarragona Street. Again, with Steve’s leadership and Jeff ’s help, the Executive Council was able to negotiate a favorable lease for new office space right across the parking lot at 260 South Tarragona Street. In July 2019, the Bar Association moved into its new home, which is spacious and well suited for our needs including a very nice conference room that is available for members of the legal community to reserve and use for a small fee. I am quickly learning about the President’s privileges and commitments on behalf of the Bar

Warren Todd and Judge John Miller Association. The first month in office was busy for me. In addition to the regular monthly Executive Council meeting and the monthly Bar Association meeting, I had the pleasure of attending two Judicial investitures including Circuit Court Judge Jeffery L. Burns, to whom I presented a judicial robe on behalf of the Bar Association, United States Magistrate Judge Hope T. Cannon, and a Naturalization Ceremony at Naval Air Station Pensacola. Thank you to those of you who attended the Bar Association Installation Banquet. It was a wonderful event with great food from V. Paul’s. During the banquet, I was provided an opportunity to discuss some of my observations of the Bar Association gained during my time on the Executive Council and a vision for the coming year. Like many other professional organizations, the Bar Association has maintained a steady membership, but the membership is only about half of the attorneys qualified for membership in our community with active participation of only five to ten percent. When the Society of the Bar of the First Judicial Circuit, our predecessor organization, was founded in 1929, the primary mission was to “engender fellowship among the members of the

association.” While we live in a very different time, this mission of “engendering fellowship” still has tremendous value and may be even more valuable today in our high stress professional lives where most if not all of us have smart phones, tablets, and computers and where our clients, firms or law practices, and opposing counsel demand instant communication. With this history in mind and acknowledging today’s stresses and demands, my vision for the coming year is to focus on increasing the “fellowship” of the Bar Association and to conduct a self-evaluation to identify ways we can make the Bar Association more valuable to our current and anticipated future membership. The Executive Council will make this a priority and I challenge each of you to participate in this process by sharing your ideas with the Executive Council or Jeff on how we can make the EscambiaSanta Rosa Bar Association more valuable to all of us.

6 | The Summation

On the Move The Escambia-Santa Rosa Bar Association Installs 2019-2020 Leadership and Presents Awards The Escambia-Santa Rosa Bar Association recently held its annual installation banquet. Chief Judge of the First Judicial Circuit John Miller conducted the installation of the 2019-2020 officers and executive council members. The Escambia-Santa Rosa Bar Association also recognized several of its members for their service to the profession and community. Newly installed officers are Warren Todd, president; Heather Lindsay, vice president; Garrett LaBorde, secretary; Aaron McCurdy, treasurer; and Steve Traylor, immediate past president. New executive council members are Jessica Etherton, Stephen Luongo, Kelsey Stone, and Haley VanFleteren. Returning executive council members are Christine Kelly Fausel, Rebecca Gilliland, Frederick Longmire, Joseph Passeretti, and Cecily Parker. Taylor, Warren and Weidner, P.A. was presented the 2019 Michael A. Doubek Community Service Award. The award is presented to a member or group of members of the Escambia-Santa Rosa Bar Association in recognition of volunteer service to community nonprofit organizations. The law firm was recognized for the individual and collective volunteer service of its partners and staff. Shekka Drayton was recognized as the recipient of the 2019 Young Lawyers Division William S. Meador Award. The award is given each year to a young attorney who distinguishes themselves by their commitment to our community through charitable and civil service. The award was established in 2005 to honor the legacy left by William Meador, of practicing law with integrity, sincerity, and courtesy while recognizing his commitment of giving back to the community.

Grayson Miller leads Pensacola Five Flags Rotary Grayson Miller was recently installed as president of Pensacola Five Flags Rotary Club. Miller is an attorney in the Pensacola office of Cole, Scott and Kissane where he handles civil trial litigation throughout Florida and Alabama. He has served on the board in a variety of roles during the last five years. In 2018, Miller was bestowed the honor of Paul Harris Fellow by the Club for his service to Five Flags Rotary, Rotary International, and the community.

Michelle Oliff elected president of the Northwest Florida Chapter of the Florida Association for Women Lawyers Michelle Olliff, an attorney with Emmanuel Sheppard & Condon, was recently elected president of the Northwest Florida Chapter of the Florida Association for Women Lawyers. Her practice areas focus on real estate and commercial transactions and litigation, as well as community association work. She joined the firm in 2017. Oliff is a cochair of the Law Week 2020 committee.

Aaron Watson honored with 2019 NAACP Business and Industry Award On Friday, July 12, 2019, the Pensacola chapter of The National Association for the Advancement of Colored People (NAACP) honored attorney Aaron Watson during their annual Freedom Fund Banquet and Centennial Awards. The event was held at The Sanders Beach Corinne Jones Resource Center in Pensacola, Florida. Attorney Aaron Watson, and his law firm, the Watson Firm PLLC, were awarded the Business and Industry Award for achievement and leadership in the field of business.

Judge Hilliard honored with the Harvey Ford Award Judge Robert Hilliard recently received the Harvey Ford Award, which is the Conference of County Court Judges of Florida’s highest honor. The Harvey Ford Award is given annually to a county court judge who has shown her or his “dedication of service to the community, to the legal profession, and to the conference itself.” The Harvey Ford Award, named after the late Broward County Court Judge, recognizes a county court judge who has provided extraordinary service to the community, to the legal profession, and to the conference itself. Judge Hilliard was selected based in part on his exceptional service to the Conference, having served as Treasurer and President, as well as Technology Chair, among other roles and positions. Judge Hilliard was also recognized based on his service on behalf of the Conference, including his years of work as the Conference’s sole representative on the Trial Court Budget Commission, and his role as the only county court judge to be appointed to Florida’s Commission on Access to Civil Justice, where he served as the founding Chair of its Technology Committee.

H aley VanFleteren joins The Florida Bar Young Lawyers Division Board of Governors Haley J. VanFleteren was recently sworn in as a member of the Florida Bar Young Lawyers Division Board of Governors. She is honored to represent the First Circuit on a state-wide level. Haley is an associate attorney at Moore, Hill & Westmoreland, P.A., and can be contacted at hvanfleteren@mhw-law.com. VanFleteren is a Co-Chair of Law Week 2020 Committee.

Summer 2019 | 7

On the Move Emmanuel Sheppard & Condon Adam White has been sworn in as the president-elect of The Florida Bar Young Lawyers Division. White currently leads Emmanuel Sheppard & Condon’s construction litigation group. Adam Cobb was appointed to the Pensacola Downtown Improvement Board. Cobb currently leads the commercial real estate practice group for Emmanuel Sheppard & Condon. Cecily Parker has been appointed by Gov. DeSantis to the First Circuit Judicial Nominating Commission. Parker is a past president of the Escambia Santa Rosa Bar Association’s Young Lawyers Division, is a current member of the executive council of the Escambia-Santa Rosa Bar Association, and is a member of the commercial and real estate litigation practice group with Emmanuel Sheppard & Condon.

Moves Garrett P. LaBorde has departed Quintairos, Prieto, Wood & Boyer as a Partner and has resumed his small firm practice as founder of LaBorde Legal Group, where he will continue to focus on Corporate, Business, Commercial, Intellectual Property, and Technology Law matters. His office is located at 21 S. Tarragona Street, Suite 103, Pensacola, FL 32502 and he can be reached by phone at (866) 263-2376 or (850) 450-6290 and by email at garrett@labordelegal.com. Richard A. Fillmore is now with Cole, Scott & Kissane, P.A. His office is located at 890 South Palafox, Street, Suite 200, Pensacola, FL 32502. He can be reached at (850) 483-5922 or Richard.Fillmore@ csklegal.com. Carolyn Gramlich is now with MGM Law, P.A. Her address is 4300 Bayou Blvd., Ste. 37, Pensacola, FL 32503. She can be reached at (850) 450-1755 or counselor@mcdaniellawpa.com. Tommy Smith is now at Smith Law, PLLC. His address is 4300 Bayou Blvd., Ste. 30, Pensacola, FL 32503. He can be reached at (850) 912-4141 or tsmith@smithlawnwfl.com. Preston J. Forshee is now with Regions Private Wealth Management. His mailing address is PO Box 12790, Pensacola, FL 32591. He can be reached at (850) 444-1697 or preston.forshee@regions.com. Law Office of Thomas McGuire has moved to 314 S Baylen St., Ste. 111, Pensacola, FL 32502. McConnaughay Coonrad, Pope, Weaver & Stern is now at 25 W. Cedar Street, #440, Pensacola, FL 32502.

Welcome New Members Rhonda E. Parnell McConnaughay Coonrad, Pope, Weaver & Stern rparnell@mcconnaughhay.com Charles “Chase” Caldwell Whibbs Stone Barnett, P.A. chase@whibbslaw.com Kellianne Campbell Barkley Wade, Palmer & Shoemaker lbarkley@wpslawyers.com Ashley Taylor McConnaughay Coonrad, Pope, Weaver & Stern ashley@mcconnaughhay.com Michael Wyatt University of West Florida, Office of General Council mwyatt@uwf.edu Julianna Despinos Legal Services of North Florida JulieDespinos@gmail.com Daniel Sanders Law Offices of Daniel R. Sanders dansanderslaw@gmail.com Amelia Beard Clark Partington abeard@clarkpartington.com

8 | The Summation

Announcements The Escambia-Santa Rosa Bar Association

Executive Council Officers President Warren R. Todd

ESRBA Open House September 26, 2019, 4-6 p.m. The Escambia-Santa Rosa Bar Association will host an Open House for ESRBA members and guests on Thursday, September 26 from 4 until 6 p.m. The new Association office is located at 260 S. Tarragona Street, Suite 160. If you plan to attend, please RSVP to esrba@esrba.com by Tuesday Sept. 24, so that food and beverage can be planned accordingly. Many thanks to Sinclair Law Firm for sponsoring the event.

Vice President Heather F. Lindsay Secretary Garrett P. LaBorde

2019-2020 Membership Renewal

Treasurer Aaron T. McCurdy Immediate Past President Steve Traylor Executive Council Jessica Etherton Rebecca Gilliland Christine Kelly Fausel Frederick V. Longmire Stephen Luongo Cecily M. Parker Joseph A. Passeretti Haley VanFleteren Young Lawyer Representative Kelsey Stone President Emeritus T. A. Shell

ESRBA membership dues are due no later than October 31, 2019. Membership includes a free listing and photo in our annual directory and a complimentary copy of Summation Quarterly; members-only rates on monthly meeting, live CLE seminars, rental of recorded CLE resources, e-blasts, mailing labels and advertising in Summation Quarterly; and Member-exclusive opportunities to participate in our Lawyer Referral Service, have your specialty listed in our annual member directory and be featured with a premium profile on our website. Dues can be mailed to the bar office, or paid on the ESRBA website at https://esrba.com/for-attorneys/join-renew/

Burns Family Endows Scholarship for Law Students from the First Circuit Judge Jefffrey Burns and his wife Lindsey want to show their appreciation to the entire First Judicial Circuit legal community, by endowing a $5,000.00 annual scholarship to a leading law school within Florida, with first preference for applicants living in the First Judicial Circuit, and a bonus preference for applicants from underrepresented classes. Their hope is that the recipients one day come home and decide to practice law in the First Circuit.

New Professionalism Requirement Amendment to Rule 6-10.3(b) Effective March 5, 2019, 5 of the required 33 credit hours must be in approved legal ethics, professionalism, bias elimination, substance abuse, or mental illness awareness programs, with at least 1 of the 5 hours in an approved professionalism program. Compliance for the new rule will begin in the member’s next reporting cycle following the March 5, 2019 effective date. Please visit www.esrba.com/for-attorneys/cles/ for details on upcoming live CLE seminars and our online archive of past seminars.

The Escambia-Santa Rosa Bar Foundation

Board of Directors Officers President Adrianna Spain Vice President John “Buz” Windham Secretary & Treasurer Shekka Drayton Directors Stephen Echsner Kristin Hual Warren Todd Sheldon Bernau Jodi Dubose Jeremy C. Branning Steve Traylor Escambia-Santa Rosa Bar Association Young Lawyers Division

Board of Directors Officers President Kelsey Stone Vice President Travis Morock Secretary & Treasurer Shekka Drayton Past President Jessica Etherton Directors Caitlyn Miller Andrew Spencer

We’re Social! Connect with us on social media ESRBA FACEBOOK

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FACEBOOK.COM/ESRBAFL FACEBOOK.COM/ESRBAYLD TWITTER.COM/ESRBAFL LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION

Summer 2019 | 9

News from the Board of Governors From Jeremy Branning

he Florida Bar Board of Governors met on July 19, 2019, in Key Largo. The major actions of the board and reports received included: An update on the Florida Commission on Access to Civil Justice was presented by Florida Bar past president Greg Coleman, who chairs the commission’s executive committee. He said the commission has been focusing on family law, where statistics show that as many as 85% of litigants appear in court without a lawyer, and on veterans’ access issues. The commission’s Council of Business Partners and commissioners are now speaking to business groups to point out that when people are unable to resolve their civil legal issues, they, their communities and workplaces, and the state are all negatively impacted. Coleman praised Florida Bar members who, through various legal aid societies, are making a substantial effort to help the estimated four million Floridians who live below the federal poverty level and lack access to the courts. For more information on the commission, visit https://a2j.flcourts.org/. TrustBooks, web-based software designed for law firms to easily manage trust accounts while staying compliant with Bar rules, was approved as the newest member benefit. The benefit, which should be available later this summer, includes a free demonstration and an individual on-boarding

telephone session, as well as webinars to keep members updated. TrustBooks will offer Florida Bar members discounts on its “DIY” and “TEAM” subscription plans. Visit https://www. floridabar.org/member/benefits/ to learn more about the more than 70 discounted products and services available to Florida Bar members for practice and personal needs. The Board Review Committee on Professional Ethics reported to the board that they declined a request for an ethics advisory opinion regarding the approximately 150 lawyers in Florida who serve as Guardians ad Litem. The decision was based on the determination that the request did not meet required parameters for the Board of Governors to issue an advisory opinion. This Florida Bar News article provides information on the request. Discussion on a proposal for registering online legal services providers was deferred to the September 20 meeting. Approved by the board’s Special Committee on Technologies Affecting the Practice of Law, the voluntary program would strengthen protection of the public and expand economic opportunity for Bar members while promoting cooperative relationships with unregulated providers. The proposal was noticed to Bar members on April 15 and appeared on first reading at the board’s

May meeting. If approved by the board, it would still require approval by the Florida Supreme Court. Members should contact their Board of Governors representative(s) with any questions or input. Read more in this May 10 Florida Bar News article. The Board of Governors reversed the Standing Committee on Advertising and found that a law firm name that does not include the owner’s official bar name is not misleading, under Bar rules. The narrow ruling was confined to the facts of this specific situation: the filer’s original and current official bar name are unique, the lawyer continues to use her original official bar surname as part of her official bar name hyphenated with her married name, the firm has built a reputation using the original official bar surname, and the firm has existed in a continuous line of succession with its name unchanged. Members can pose questions about advertising, conflict dilemmas, confidentiality questions, communication concerns, trust accounting problems, and other ethics difficulties unique to the profession by calling the Florida Bar Ethics Hotline at (800) 235-8619. Hotline attorneys are authorized to respond to inquiries from members in good standing asking about their own future conduct.

10 | The Summation

News from the Court Judge John Miller Greetings! I wish to thank you for your welcoming comments, thoughts, visits, and expressions of encouragement as, on July 1st, I began my administration as Chief Judge of the First Judicial Circuit. Prior to my stepping in to the position, Chief Judge Linda Nobles committed countless hours mentoring me in preparation for this job. She sacrificed her time on an already congested calendar, she answered endless questions, she offered explanations of what I can expect, and, she maintained a perpetual attitude of strength, confidence, and encouragement. I will forever be indebted to Judge Nobles for imparting her experiences, wisdom, and advice. As your Chief Judge, I will hold an “open door” policy which invites members of the Bar, members of the public, and members of our stakeholder agencies to share your ideas with me as to how the First Judicial Circuit can improve the court system. While it is true we are strictly governed by rules, statutes,

Steve Traylor, Warren Todd and Judge John Miller

a legislative body, and other mandates - there is always room for procedural improvements which will benefit our roles in service to you, procedural changes which may provide support to users of the court’s systems, facilities, and processes, and even improvements in the relationships which have been in place for many years as well as the new relationships being developed each day.

Please feel free to communicate with me your thoughts and ideas. My goal is to increase the confidence level of persons working with, being served by, and litigating within the courts of the First Judicial Circuit as together we pursue the Mission of the Florida State Courts to protect rights and liberties, uphold and interpret the law, and provide for the peaceful resolution of disputes.

WELCOME JUDGE CHARLES P. YOUNG COUNTY JUDGE, ESCAMBIA In June, the First Judicial Circuit welcomed Honorable Charles P. Young to the County bench in Escambia. Charles Young began his service to his community as a Civics Teacher at Warrington Middle School here in Pensacola. After a career in teaching, he continued his education and received his Juris Doctor from Florida State

University. Upon becoming an attorney, Mr. Young entered public service as an Assistant State Attorney for then First Circuit State Attorney Curtis Golden. In 1999 Mr. Young entered private practice at the firm of Emmanuel, Sheppard & Condon. In 2018 he joined Clark, Partington, Hart. Young was nominated by the First Circuit Judicial Nominating Commission, and

subsequently appointed for service as a County Judge in Escambia by Governor Ron DeSantis. Judge Young currently presides in one of Escambia’s County Criminal divisions. We are pleased to welcome Judge Young and look forward to his continued service to his community and his commitment to the First Judicial Circuit.

Summer 2019 | 11

News from the Clerk of the Circuit Court and Comptroller Pam Childers

2019 Legislative Summary The 2019 Session of the Florida Legislature concluded with the passage of nearly 200 bills, many of which will impact both the Civil and Criminal divisions of the Clerk’s Office. While a majority of the new laws took effect July 1, 2019, others are not effective until October 1, 2019 or even January 1, 2020. The most notable changes for the Clerks are highlighted and summarized below. Criminal: House Bill 7125 increases the felony theft threshold for certain offenses from $350 to $750 and revises the threshold amounts for drug trafficking in specified substances. The bill also creates section 322.75, Florida Statutes, requiring each Clerk of Court to establish a Driver License Reinstatement Days program for reinstating suspended drivers licenses in certain circumstances. House Bill 7125 is effective October 1, 2019. Traffic: Florida lawmakers are tightening sanctions for drivers that are texting while driving. House Bill 107 amends section 316.305(2)(d), Florida Statutes, making texting while driving a primary offense effective July 1, 2019. In addition, the bill creates section 316.306, Florida Statutes, prohibiting the use of handheld wireless communication devices while operating a moving motor vehicle in a designated school crossing, school zone, or work zone when workers are present. Law enforcement may issue verbal or written warnings for the latter violation beginning October 1, 2019 and may begin issuing citations January 1, 2020.

Mental Health: A new public records exemption was created by the Legislature when Senate Bill 838 was passed. Section 394.464, Florida Statutes, makes all petitions for voluntary and involuntary admission for mental health treatment, court orders, and related records that are filed under the Baker Act confidential and exempt. In response to the bill, the Florida Supreme Court, on its own motion, issued Administrative Order 19-1049 amending rule 2.420(d), Florida Rules of Judicial Administration, to add these records as a category that the Clerk must designate and maintain as confidential in court records. As of July 1, 2019, the list of items the Clerk maintains as confidential increased to 23. Circuit and County Civil: The civil jurisdictional limit for county court has been $15,000 since 1992. During the 2019 session, lawmakers approved House Bill 337 increasing the jurisdictional limit to $30,000, effective January 1, 2020, with an additional increase to $50,000 effective January 1, 2023. A filing fee of $400 will be assessed for all claims greater than $15,000 but not more than $30,000. In addition, an appeal of a county court judgment greater than $15,000 will be reviewed by the District Court of Appeals rather than by a circuit court. The small claims jurisdictional limit remains $5,000 at this time. Senate Bill 7006 amends section 92.251, Florida Statutes, enacting the Uniform Interstate Depositions and Discovery Act (UIDDA). The UIDDA has already

been adopted by 44 other states, as well as Washington, D.C., and is designed to streamline interstate discovery requests. This process is commonly referred to as “foreign subpoena” and a party requesting such was previously required to obtain a commission from the foreign court prior to issuance of the foreign subpoena. The UIDDA eliminates this requirement. The changes are effective July 1, 2019 and apply only to civil proceedings. Family Law: A temporary public records exemption was created with the passage of House Bill 845. The bill adds new subparagraph (1)(k)3 to section 119.0714, Florida Statutes, making identifying information of a petitioner or respondent contained in petitions and other specified documents for certain protective injunctions confidential and exempt until the respondent has been personally served. Like the above referenced mental health records, the Florida Supreme Court also added these records as a category that the Clerk must designate and maintain as confidential. The Clerk’s office works diligently every year to train our staff, update our case maintenance system, and amend procedures to effectively implement changes made by the Florida Legislature and Florida Supreme Court. Submitted by the Clerk’s Court Managers and edited by Cheri High, Director of Court Services, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller.

12 | The Summation

GIVING BACK

Taylor Warren & Weidner Awarded Michael A. Doubek Community Service Award by Joshua Jones, Past Chair of the Community Service Committee

Summer 2019 | 13

“

(It’s) about building a better community. I want my son to grow up seeing me and my peers helping others and learning the importance of caring about others so more problems in our community are not isolated and ignored. They are addressed, maybe even solved.”

The Escambia Santa Rosa Bar Association was pleased to award the law firm Taylor Warren & Weidner, of Pensacola, the Michael A. Doubek Community Service Award for 2019. The award was presented to firm founders Phillip Warren, Keith Weidner and Stephanie Taylor and partner Brian Hancock at the July annual meeting when new leadership was installed. As most know, ESRBA has offered a community service award for many years, as a means to acknowledge and honor attorneys or law firms who have gone above and beyond the call of community service. By recognizes such exceptional attorneys, ESRBA hopes to inspire others to strive towards helping the greater community and each other. All ESRBA members are eligible for the award, and nominations are accepted beginning each year in late spring. Both law firms and individuals may be nominated. “Doing things geared toward giving back to the community always reminds me why I decided to practice law in the first place,” Warren said. “That is to help people. When I see what relatively little effort it often takes to help someone in a very big way, I’m reminded how lucky I am to be in a position to help people and I’m grateful for the opportunity to do it.” Taylor Warren & Weidner was chosen for the efforts of volunteer and charitable work of each of its attorneys, as well as their staff. The many organizations for which the firm has contributed time, leadership, or donations are broad in purpose and in demographic reach, spreading Taylor Warren & Weidner’s goodwill across the region. The volunteer efforts have benefitted groups including Gulf Coast Kid’s House, Child Protection Team, East Hill Music Festival, EscambiaSanta Rosa County Mock Trial, United Way, ECARE, First City Arts Center, Pensacola Police Pension Board, Justice Teaching Initiative, Junior Achievement, and others too numerous to list. “Giving back means sending a message to those who may be struggling, be that a person or animal, that there are people

Brian Hancock, Keith Weidner, Joshua Jones, and Phillip Warren

who see your challenges and we care,” Taylor said. “It tells those in need as well as the community as a whole that your needs matter and do not go unnoticed.” “It is all about using our skills and resources to help others who unfortunately have to face and battle forces that are much bigger and stronger than they are,” Weidner said. “But, together, we can hopefully help them overcome some of those challenges, or at the very least, make their lives a little better.” It is not just that they are involved in community service; it is that they do so without a marketing angle. They have a genuine drive to better our community. Their work in the community reaches almost every demographic and corner of Escambia and Santa Rosa counties, and the fact that they show up, work hard, and follow-through, as ESRBA members, offers Pensacola a positive image of the law profession. That genuine drive for community service also motivates their employees to be active community service leaders in Pensacola. “(It’s) about building a better community,” Hancock said. “I want my son to grow up seeing me and my peers helping others and learning the importance of caring about others so more problems in our community are not isolated and ignored. They are addressed, maybe even solved.” Their social media pages are further evidence of their true concern for the community’s safety and development. It

is not just about them. They post their volunteer efforts on social media with a tone of pride about Escambia and Santa Rosa Counties, not as a marketing effort. They also offer many helpful tips to consumers about environmental awareness, child safety, and their public service awareness messages are often completely unrelated to their practice areas. Taylor Warren & Weidner, P.A. recently relocated to the Spearman Center, former site of the Spearman Brewery at the corner of Main Street and Barrancas Street. The practice focuses on personal injury, insurance claims, disability rights, and consumer fraud litigation.

PAST COMMUNITY SERVICE AWARD RECIPIENTS 2004 Adrianna Spain 2005 Butch Lindsey 2006 Charles Peppler 2007 Patrick Cusack 2008 Bruce McDonald 2009 Linda A. Hoffman 2010 Kerry Anne Schultz 2011 Crystal Spencer 2012 Margaret Stopp 2013 Suzanne Blankenship 2014 Stephanie Taylor 2015 Leslie Powell 2016 Buzz Ritchie 2017 Matthew Hoffman 2018 Joe Zarzaur This article has been updated to correct errors in the original version published in the 2019 Fall edition of The Summation. Mr. Hancock’s name was misspelled and he was identified as an associate of the firm rather than a partner. Our apologies to Mr. Hancock and Taylor, Warren & Weidner, P.A.

14 | The Summation

Meador Award Winner Shekka Drayton By Jessica Etherton

ach year, the Young Lawyers Division of the Escambia-Santa Rosa Bar Association presents the William S. Meador Award to a young attorney who distinguishes themselves by their commitment to our community through charitable and civil service. The Award was established in 2005 to honor the legacy left by Bill Meador, of practicing law with integrity, sincerity and courtesy while recognizing Bill’s commitment of giving back to the community. This year’s recipient is Shekka Drayton. She was presented the award at the EscambiaSanta Rosa Bar Installation Banquet on July 11, 2019. Shekka attended Florida State University for her undergraduate degree and then Penn State for law school. Shekka began her legal career in Pensacola as an Assistant State Attorney in the First Judicial Circuit. Her co-workers could see right away that she was hardworking and passionate about the law – but what stood out most was her character. Even

as a tough prosecutor, she was always respectful and ethical. She worked at the State Attorney’s Office for a little over a year, and she is now working as staff counsel at Geico. Shekka got involved with the Young Lawyers Division right away, and she has been such an active member. She attends all of the YLD networking events, happy hours and lunches, and can always be counted on her to volunteer for holiday events and toy drives for children. Shekka will be serving on the YLD board this year and everyone is so excited to see her leadership and commitment to community service in action. Shekka is involved within our legal community in much more than just the Young Lawyers Division. She has participated as a junior member on Inns of Court from 2018-2019. She is currently serving on the ESRBA Summation Committee and frequently writes articles. She is a brand new board member on the board of directors for the Escambia-Santa Rosa Bar

Jessica Etherton and Shekka Drayton

Foundation where she will be serving as secretary/treasurer.

dystrophy walk, just to name a few.

Shekka is an extremely bright and talented attorney with so much integrity. She really made it her mission to get involved in the legal community when she started working as an attorney here in Pensacola. But she also cares about our city as a whole and volunteers outside of the legal community. Shekka is a Big Sister with the Big Brothers, Big Sisters of America Agency, she volunteers as a judge for the high school mock trial competition, she is active within her church, and has participated in a muscular

Shekka Drayton has proven to be an asset in our legal community and she was well deserving of the William S. Meador Award.

Summer 2019 | 15

The 2019 First Judicial Circuit CLE Cruise by Noah C. Jones

n Thursday, November 7, the cruise liner Carnival Fantasy will depart from Mobile, Alabama. Her destination: the crystalline seas and colorful climate of Cozumel, Mexico. This four-night voyage, with its engaging itineraries and exotic excursions, is sure to provide a memorable, relaxing experience to all its participants. Now, amidst the usual patrons of this high-seas event, there lies a contingent from the First Judicial Circuit’s legal community who, during the days at sea, will be earning CLE credits in between their nautical festivities. This CLE Cruise concept began in 2008, and according to Carmela Porter of Mediations Plus, “It started because we wanted something unique… away from the local area. We knew that other people in other areas were doing them…and they seemed to be successful.” That first year, they had 14 participants, but there have been as many as 40 on more recent trips. A key component to the uniqueness of these events is the fact that the content covered in the seminars is dependent on the participants’ interests. Carmela said, “We have had CLEs in every discipline, every one. We try to go across the board.” Some of the topics covered in the past include Family Law,

Personal Development, Ethics, that thought by reminding Attorney Retirement Planning, everyone that “your spouse and a View from the Bench, and the kids have needs too!” ever apropos Maritime Law. The inherent stress of the profession is obvious; numerous Another great aspect of these studies have been conducted jaunts is that participants to show its effects on attorneys’ can be productive and spend mental health. This is why it time with their families—a combination that is scarce to be is imperative to make time dedicated to recharging, and found elsewhere. According to Judge Ross Goodman, who has a CLE cruise is a great way to do just that. Time spent with been involved with the cruise family combined with roundsince its inception, “You need table discussions amongst legal time to take some CLE where you can reflect in a comfortable compatriots is sure to improve environment (dressed in shorts perception and performance. According to Judge Goodman, and a Hawaiian shirt). You need time with your spouse and “When you are at your desk at your kids where your cell phone 2 a.m., and you have still more you have to do, you will know cannot pick up a signal, and you have that little island to the internet is so slow there’s no point in trying.” He finishes look forward to, and you will

find the motivation to keep on working.” The cost for two passengers in an ocean view stateroom is $911.96, and the cost for two passengers in an inside stateroom is $821.96. Included in the cost are the shipboard accommodations, ocean transportation, all meals and snacks, complimentary 24hour room service (late night nominal charge), most of the onboard entertainment, and gratuities for stateroom stewards and dining room staff. For more information, or to make your reservation, contact Travel Counselor Sue Bruno at 251-414-4656 or sbruno@ travelleaders.com.

16 | The Summation

Tommy Ratchford on the Wall of Honor By Noah C. Jones Last May, another name was immortalized on the Wall of Honor in the M.C. Blanchard Center: Tommy Ratchford. In a short span of time, 18 individuals and organizations donated a total amount of $3,000 to this memorial. Chris Ferry, who organized this, stated, “(Tommy) truly needed to go out with the recognition from his peers that he deserved....With the blessing and support of his sweet wife Suzy, a large group of attorneys all came together financially to help memorialize Tommy via the Wall of Honor at the Escambia County courthouse.” Ratchford was a wellknown figure in the milieu of Pensacola. Many knew him as an inspiring DUI defense attorney who was always advocating for citizens accused of wrong-doing. Valerie Prevatte recounts that “He was passionate about the protections of the Constitution. He wanted to ensure everyone played by the rules. To that end, he took the time to educate law enforcement officers, particularly those on DUI task forces, in proper procedures for collecting and documenting evidence, and even in fortifying the credibility of their testimony. Tommy’s presence in the courtroom, his deep voice, twangy accent, and always bouncing knees, are still noticeably missed at plea days and jury selections. Having his name on the Wall of Honor is like always having a small piece of him with us, providing inspiration and encouragement to keep fighting for justice.” Chris Ferry is another attorney who was motivated by Ratchford’s passion and personality. He said, “Tommy was by far the DUI attorney in Escambia and Santa Rosa County. He was highly respected by both

his colleagues and the judges. Despite being the best in his craft, he was a humble man. He loved helping other attorneys with his years of knowledge and understanding of the complexities of a DUI case. Tommy was amazing to watch in both jury selection and trial.” Ratchford was generous with his time, acting as an advisor to many. Chris Rabby said, “Tommy was a mentor to the entire criminal legal community. He guided and educated everyone, including judges, prosecutors, and defense lawyers with his charm and legal knowledge. Tommy would answer any question asked of him, but more so, would steer you to reason or argue out the answer with him….It was an honor to practice with him. The reason I contributed to the memorial is that if there was a Pensacola Criminal Defense Trial Lawyer Hall of Fame, he would head the list.” Beau Powell stated, “I first met Tommy in 2011, in court, on my first docket day. He introduced himself and told me how he had tried cases with my dad and knew my grandfather. He was a mentor

to me, even as a prosecutor, who at the time, was working against him on cases. He was instrumental in my career. He provided me the motivation, in more ways than I could explain, to start my own practice.” Ratchford also spent his time educating the public on the BLAB-TV show Justice For All. Barry Beroset, who worked with him on the program, described that experience with Ratchford by saying, “Tommy and I were co-hosts…for over 20 years. Never one time, in all those years, did either of us ever have a cross word with the other, even though at times we had different opinions on issues. He had a passion for the law and justice and compassion for people. Tommy used to say ‘What we need in this world is more love.’” Outside of his work in the legal field, he was very involved in the community. He was an author, musician, actor, and historian. According to Kim Skievaski, “Tommy was a great raconteur and his knowledge of local history and, in particular the history of the local legal community, was vast

and he could entertain, amuse and educate in a delightful way.” He further stated, “Tommy was a true mensch in my eyes, and he is greatly missed.” Ratchford’s ability to impact the lives of those around him is truly remarkable. Even after his passing, he is still the subject of conversation and the source of continuing inspiration. His thoughtfulness, genuine interactions, and selflessness made him someone impossible to forget. And thanks to the appreciation of his peers, he has a permanent in our community on the Wall of Honor. RATCHFORD MEMORIAL DONORS Alice Harris & Chris Jones Society of the Defense Bar Hunter Pfeiffer Ferry & Ferry, P. A. Donald Sheehen Cardoso Law Offices Valerie Prevatte, P. A. Christopher Rabby, P. A. Barry W. Beroset The Hamlin Law Firm, P. A. Kim A. Skievaski, P. A. Beau Powell, P. A. Parnell Law Firm Law Offices of Randall J. Etheridge Coral Reef Law Offices, P. A. Stevenson & Klotz Michelle Hendrix Craig Vigodsky

Summer 2019 | 17

Active Shooter Training Exercises First Judicial Circuit by Court Administration

n 2018, the Florida Supreme Court accepted recommendations regarding court security made by the Judicial Management Council’s Trial Court Security Workgroup. One recommendation was for each Circuit to conduct an active shooter exercise in each courthouse facility throughout the State of Florida. The first exercise in the First Judicial Circuit took place in Escambia County, and planning has and local law enforcement begun for a Santa Rosa organizations react to an County exercise in 2020. active shooter in this building. After months of planning It is something that you and coordination, the first hope never happens, but we Active Shooter Training believe careful preparation Exercise was held at the M.C. and assessment are critical in Blanchard Judicial Building creating a safe environment, in April 2019. The event both here in the courthouse was orchestrated under the and in the community at leadership of Circuit Judge Jan large. We plan to evaluate Shackelford and the Escambia the effectiveness of our County Sheriff ’s Office, in interagency communication full cooperation with the and coordination, as well as Pensacola Police Department, review how our staff members County and City Emergency respond to such an event, Medical Services and Fire so that we can continue to Departments, the Offices of improve our awareness of the State Attorney, the Public proper safety procedures.” Defender, the Clerk of Court, Staff members from various divisions of the City participating agencies received of Pensacola and Escambia Active Shooter training County, and nearly 450 staff previously in anticipation of participants. the exercise. The catch-phrase In a statement given to the of these training sessions media, Judge Shackelford is “Run, Hide, Fight.” The explained, “We are conducting choice of which action to take this exercise to assess how our depends upon what you see staff, other courthouse agency in any given scenario. Run to employees, emergency services, get out of the area/building if

that is possible. If you cannot run, hide and turn off your cell phone. If you cannot hide, arm yourself with anything you can find and be prepared to fight. All participants in the April training event were aware it would be as realistic as possible; no video presentation or lecture. Although they did not know the details of scenarios, participants were encouraged to think about what they would do in advance of the event. Participants were instructed to wear protective earplugs provided to protect against potential ear injury, resulting from the increase in decibels caused by gunfire. Several participants commented the exercise was frightening, horrifying, confusing, and chaotic. Had this been a real scenario, it is evident a normal, routine day in the courthouse would have ended with potential serious injuries and/or fatalities.

Here is what is real. Anywhere you go – the grocery store, restaurants, movie theaters, retail outlets, places of worship, your children’s school, community parks, sporting events – you and those whom you love are susceptible to sudden and unexpected danger. We can wish the world was different and hope it will never happen to us, but this is our current reality. Judge Shackelford encourages each of us to be diligent in our efforts to always be mindful of our surroundings. With much intention, begin to identify your plan for escape or hiding when at church, your grocery store, your favorite college football stadium. You may want to consider an important discussion with your family which begins with “Do you know what you would do if a gunman suddenly entered this building?”

18 | The Summation

The Bottom Line

The Role of a Hybrid Paralegal by Taxie Lambert

What can you expect from a Hybrid Paralegal?

The paralegal profession has exploded over the past few decades and recently it has experienced a tremendous horizontal growth. Due to the heighten need of multifaceted support staff, we have seen newly profound job titles such as Paralegal Administrator, Paralegal Manager, and Investigator Paralegal. With the next decade fast approaching, the next trendy job title is Hybrid Paralegal. A Hybrid Paralegal will be a highly sought after position as law firms are seeking to cut costs from its multifaceted support staff. This position will be a blend of paralegal duties and administration tasks. While law firms across the country continue to represent thousands of clients, either in mass tort or personal injury litigations, those clients are becoming educated by doing their research on firms while seeking legal services at lowered costs. Firms who want to stay competitive and win over the clients with lowered fees could benefit from such a hiring of a Hybrid Paralegal.

Could your firm benefit from a Hybrid Paralegal?

Firms are looking for ways to cut costs, operate more efficiently while contracting the vast majority of injured clients. One of the ways firms are cutting costs is lessening the tiers of staffing. Larger and more traditional firms have several tiers of support staff. Secretaries and litigation assistants make up a great part of the support staff. While secretaries have played a huge part in the success of every trial lawyer, secretarial duties are becoming more obsolete. With evolving technological advancements, today’s attorneys are more self-sufficient causing them to have a need for a dual role support staffer known as a Hybrid Paralegal. Depending on the need and size of law firms, hiring a Hybrid Paralegal could be exactly what is needed to get the job completed while reducing costs.

The majority of firms have increased the number of attorney pairings to any one secretary, firms are looking more into hiring Hybrid Paralegals. When hiring such a paralegal, firms can expect an individual who can bill hours to cases while having traditional duties like answering phones, scheduling appointment and travel, take meeting notes, submit expense reports and scheduling meetings all while having the legal background knowledge to manage databases and get any attorney to trial. With their individuality, Hybrid Paralegals will have a greater foundation in technology; handle comprehensive duties and responsibilities, better communication and writing skills all while the firm has one individual payroll for such a multifaceted job title.

Morphing your Paralegal/ Secretarial skills into a hybrid role?

First, one should accept change and embrace trends due to the paralegal profession evolving. Both seasoned paralegals and legal secretaries should brush up in areas that make them feel uncomfortable, areas they have avoided such as communication skills, areas of technology, multitasking, team player and even consider continued education classes through Westlaw or local channels of education advancements. Whether you are a legal secretary or seasoned paralegal, mentors can play a key role in areas that will help you meet the needs of tomorrow’s Hybrid Paralegal job title. The bottom line is…..we cannot stop trends from happening but we can learn to embrace new trends. It’s a win-win for the paralegal profession; Learn More Grow Stronger.

Summer 2019 | 19

Autism in Juvenile Delinquency Court: Fashioning Remedies That Make Sense By Judge Ross Goodman In January 2019, a team consisting of professors, clinicians, and court personnel affiliated with the juvenile delinquency court recognized a need to fashion remedies for juvenile offenders with autism. This group developed a pilot program in Santa Rosa County to establish a process to more effectively resolve cases involving autistic children. Autism is on what is called a “spectrum,” where the manifestations of each child is unique. Juvenile delinquency court is premised on the goal of rehabilitation, but children with autism may not adequately respond to the same remedies as other children. The traditional question we ask in the juvenile rehabilitation system is: Why did the juvenile do the act, and how can we teach him/her to learn from their mistakes? But, when the juvenile has autism, the system is simply ill-equipped to determine why the juvenile did the act, and how to design a remedy. Was the battery an intentional act, or was it caused by a stimulus causing a reaction due to the autism? What effect could community service have on the child with autism - would he/she even understand the connection? This makes determining a “one size fits all” remedy inappropriate and often ineffective for children with autism. To best serve this population, the pilot program crafts unique solutions that are tailor-made for the child’s particular situation. For example, putting a high-functioning child on a non-judicial sanction that requires researching and reporting on why the event should have been handled differently makes sense. For a low-functioning child, it would be necessary to incorporate counseling on their behavior into their

current regimen. The genius of this program is the expert community and the legal community can come together to craft an appropriate remedy. This is where Phyllis Gonzalez comes in. Phyllis works for the Department of Children and Families. Her idea was to identify the juveniles with autism, evaluate their condition, determine the cause of the act, and design a remedy appropriate for the individual. FSU, UWF, the Department of Juvenile Justice, the Office of the State Attorney, and the Office of the Public Defender all agreed to participate in the project in Santa Rosa County. After the juvenile’s autism is identified by an FSU professor, a group of all the entities will review each case and determine the appropriate remedy. The judge’s role in the process is to identify candidates and refer them for an evaluation. While judicial sanctions are possible, the cases thus far have all been handled non-judicially.

Parents are often uniformly at their wits end when trying to figure out the best path for the autistic child. They know the child’s behaviors and know that the behaviors can get out of hand, but often they have no idea how to curb the behavior. A by-product of this project is that parents will hopefully get suggestions and tools to help them help their children. The project will be active from 2019-2020 as a pilot for the State. There are fifteen children involved at various stages of the program since the pilot began. UWF professors are keeping track of all the metrics so that a thorough evaluation of the program can be made at the end of December, 2020. Hopefully, the project will show verifiable results on how well the model works. And, if it does work, this pilot can provide a guide to be used throughout the State.

20 | The Summation

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Summer 2019 | 21

Kairos Outside: Changing Lives, Keeping Families Together by Anita Ford by strengthening the families who remain outside the prison gate during an inmate’s sentence, so the inmate has a strong support group upon returning home. Kairos Outside Northwest Florida is a Christian nonprofit designed for women impacted by incarceration. Part of an international organization with a proven track record, the Northwest Florida chapter is in its inaugural year.

f I ask you to think of an animal that lives in a pack, maybe your mind’s eye will dial up an image of a wolf or elephant or dolphin. Movies like The Lion King — perhaps the most successful retelling of Hamlet of all time — can reflect human drama in ways we cannot always see by addressing an issue head-on.

Consider prison, a very real subject for criminal lawyers. Reasonable folks agree that the guilty should be segregated, punished, and rehabilitated. But what about those whose only crime is loving the guilty? When someone receives a prison sentence for a crime, it is not only the convicted person who serves it. The family of the incarcerated shares the burden — economically, socially, emotionally, spiritually. Kairos Outside Northwest Florida is a new resource for criminal law professionals interested in trying to decrease recidivism

For about $150 per person, our women are provided with a multi-sensory, faith-based weekend retreat experience that highlights their self-worth, demonstrates they are loved and gives them support tools. It also introduces them to a network of other women who are in the same situation, thereby removing isolation and stigma. There is no faith requirement to attend or receive services. In other words, we work to keep the family pack together on the outside while the inmate serves his or her sentence on the inside. Plus, these women inherit a second pack — the Kairos family. This larger structure provides many of the same benefits of a family group, but is set against a backdrop of new friends who understand this unique territory. And talk about tentacles! Following the initial retreat, the women stay in touch with each other and program leaders through quarterly reunion gatherings and monthly support groups. They meet informally to offer encouragement. As they begin to shed the shame for a crime they did not commit, families become stronger. It is no exaggeration to say that lives (plural!) are changed one woman at a time. I recently had the opportunity to listen to a group of women speak about their

feeling prior to their Kairos Outside retreat experience. “I didn’t know others were like me,” shared one woman. Another explained, “sometimes I can’t breathe.” Someone else described feeling “raw” all the time. Kairos Outside is no magical, pie in the sky, by and by, pixie-dust remedy. But it does generate change. Change through relationships. Change by demonstrating love for the stranger. Change by practicing radical hospitality. By serving the women impacted by incarceration, Kairos Outside Northwest Florida provides the tools and support to women, and by extension their children, so often needed. Faith-based prison programs —those focused on the inmate population, as well as efforts like Kairos Outside Northwest Florida that serve those still at home — provide needed support to judicial systems seeking ways to calm over-crowded dockets and decrease recidivism. Our organization runs on love and volunteer power. There is no paid staff or office-space overhead. The majority of our financial need is to cover the costs of the three-night weekend retreat (rooms, all meals and snacks, facility rental, and materials). From time to time, we do have in-kind needs (storage, catering, etc.) that would greatly defray our out-of-pocket costs. Call us at (601) 554-6714 to register as a guest, recommend a guest, or learn more about our organization. Anita Ford is a Kairos Outside volunteer.

22 | The Summation

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