The Summation March 2013

Summati

Sponsored by Gregory Smith, AAES

The

Escambia/Santa Rosa Bar Association

n

March 2013

Volume 2 / Issue 1

Pathways for Change

page 10

Argo and High School Mock Trial 路 New Office-Holder Profiles 路 Pro Bono Service Award 路 Immigration Update 路 New Members/Announcements March 2013 www.esrba.com The Summation 1

Inside

Escambia-Santa Rosa Bar Association 216 South Tarragona Street, Suite B Pensacola, FL 32501 Phone: 850.434.8135 Fax: 850.436.8822 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009 Executive Director Michael Doubek mike@esrba.com Editor Patricia Buchanan Wright patriciabwright@aol.com Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Any article herein may be reproduced provided credit is given both to The Summation and the author of the article.

Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor.

Due date for all advertisements, articles, and announcements is the 1st of the month for the issue you wish to advertise in.

Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing.

“The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.”

Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.

Judge Terry Terrell Judge Charles Kahn Brooke Jones Gerald McGill Caroline Peterson Lisa York

Dana Martinez-Jones Jeremy Branning Clara Smith Illauna Bazwell Tami Stokes Debra Bass

The

Summation

8. Ask a Lawyer 10. Pathways for Change 12. Judge’s Preferences 13. Profiles Pam Childers - Don Spencer - Bruce Miller 16. Mock Trial Competitions 18. Wall of Honor 20. Pictures 22. News from the Court Juvenile Programs and Services

In every issue 3. From the President 4. Chief’s Corner 5. New Members / Announcements 6. Board of Governors 7. Bottom Line 23. Classifieds / Calendar

Publisher • Malcolm Ballinger Executive Editor • Kelly Oden Art Director • Rita Laymon Graphic Design & Ad Coordination • Kassie McLean Editor • Emily Lullo Editorial Assistant • Josh Newby Sales & Marketing Sharyon Miller, Account Executive ext. 28 Caroline Martin, Account Executive ext. 31 Visit our Website at www.ballingerpublishing.com Editorial Offices: 41 North Jefferson Street, Suite 402, Pensacola, Florida 32502 850/433-1166 • Fax 850/435-9174 Member of

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. © 2013 Ballinger Publishing. All Rights Reserved.

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From the President

I recently had the privilege of attending the investitures for Circuit Judges Mary Polson and Jay Gontarek in Okaloosa County. Both ceremonies carried a consistently strong theme of the importance of mentors in their development as lawyers and ultimately, as judges. Both judges recognized the many people and examples of professionalism that played significant roles not just in the early years of their law practices, but throughout their careers. Those of us that have worked with leaders and mentors during our careers have been fortunate indeed. I have greatly benefited from the guidance and training, both personal and professional, provided by the lawyers that I have worked with during my career.

The investiture ceremonies reminded me that mentoring is not just for the benefit of lawyers new to the practice. We all benefit, no matter our experience level, from working with and even litigating against professionals whose hard work, ethics, and their drive to pursue justice is evident in their conduct. I recently read an article by the President of the St. Petersburg Bar Association regarding mentoring. He aptly noted that “mentoring works; it is old fashioned, out-of-date, yet cuttingedge. And it is irreplaceable.” He’s right. There is no substitute for the personal experience and relationship that is developed through mentoring.

Participating in our local bar association provides an excellent opportunity to meet and work with mentors. Actively participating in bar functions allows us the opportunity to personalize the judges we appear before and the opposing lawyers we litigate against. It serves a tremendous role in fostering civility in the practice of law and promoting advocacy tempered with professionalism. The guidance and leadership provided by the many members of our bar association helps to shape our character as lawyers. This is so critical because our reputation as a lawyer is one of our most valuable commodities,

By Jeremy C. Branning

if not the most valuable.

There are many mentoring opportunities in our legal community. The Bench/Bar Conference is an excellent event that gives the Bar and Judiciary a chance to address problems and clarify procedures. The bar association’s monthly lunch meetings offer the opportunity to meet and develop relationships with lawyers that you may not otherwise get to know because your practice areas do not cross paths very often, if at all. The Pensacola Chapter of the American Inns of Court also presents an excellent mentoring opportunity that teams lawyers and judges of different experience levels. Each team generally consists of approximately ten lawyers and one judge.

Throughout the year each team works on a project and then makes a presentation to the other teams at a monthly meeting.

This mix of the members’ experience levels and practice areas facilitates mentoring by design. I can speak from personal experience of the benefit that participating in the Inns has had on my development as a lawyer.

As professionals in this legal community, whether a lawyer or a judge, we have an obligation to our community at large, to the members of our local bar association, and to the profession to commit to mentoring. The benefits of mentoring are too important to maintaining civility, integrity and the pursuit of justice in our legal profession to allow this timeless characterbuilding opportunity to pass without seizing it. I am confident that our most experienced members will attribute a great deal of their own success to the positive influence of those that mentored them throughout their careers. To all of you that have served as a mentor to me and the other members of our bar association over the years, thank you. Our local bar association is strong and is a better association because of the time, commitment, and service offered by our mentors.

March 2013 www.esrba.com The Summation 3

Chief’s Corner

The winds of change swept across the First Judicial Circuit January 8, 2013, when six new constitutional officers took office.

John “Jay” Gontarek and Mary Polson, two new circuit judges in Okaloosa County, began their first six year terms of office by attending New Judges College. Judge Gontarek has a diverse private practice background and previous public defender experience in Okaloosa County. Judge Polson has experience as a private practitioner, a court staff attorney, and most recently as a General Magistrate in Okaloosa County. They qualified without opposition for the positions that became available because of the retirement of two circuit judges.

Both Bruce Miller and Pam Childers requested their oath of office be administered first thing in the morning on January 8.

Fittingly, their swearing in ceremonies took place during Drug Court in the presence of Drug Court participants. Bruce Miller was sworn in as Public Defender. Pam Childers took office as

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By Terry D. Terrell Chief Judge First Circuit Court

Escambia County Clerk of Court. Among other offices, the Public Defender and Escambia County Clerk staff members are critical to the efficacy of the Drug Court process.

Alex Alford took office as Walton County Clerk of Court.

Donald Spencer took office as Santa Rosa County Clerk of Court. They took the oath of office in their respective counties.

Preceding all the change that occurred January 8, Tony Giraud took office as Santa Rosa County Judge December 7, 2012, after his appointment by Governor Scott. Judge Giraud’s prior experience was as an assistant state attorney in Escambia County.

Please take the time to welcome these new public officers.

As with everyone else involved in the court system, these new officials and their staff members will be especially challenged with the implementation of electronic filing and other technological developments this year. We know each of them desires to provide the highest level of competent, efficient service while ensuring fundamental due process is provided to everyone they serve.

New Members

Announcements

Amy C. Bender Freeman Mathis & Gary, LLP 100 Galleria Pkwy, Ste 1600 Atlanta, GA. 30339 770-818-1421 abender@fmglaw.com

Joel P. Williams State Attorney’s Office 190 W. Government Street Pensacola, Florida 32502 850-595-4200 joelwilliams77@gmail.com

Remembering Beau Gregory Peterson 1981 – 2013 From your fellow members of the Escambia/Santa Rosa Bar Association and Young Lawyers Division. We will miss you!

James L. Kauffman Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, P.A. 316 S. Baylen Street, Suite 600 Pensacola, Florida 32502 850-435-7000 jkauffman@levinlaw.com

Isaac T. Newlin Kilpatrick & Newlin, P.A. 9218 Navarre Pkwy Navarre, Florida 32566 850-939-7722 keith@kilpatricklawfirm.com

Judge Terry Terrell re-elected as chief judge Pursuant to the Rules of Judicial Administration, the judges of the First Judicial Circuit have re=elected Chief Judge Terry D. Terrell to serve a successive term as Chief Judge for the two year term commencing July 1, 2013.

Daniel J. Finelli Soloway Law Firm 1013 Airport Boulevard Pensacola, Florida 32504 850-471-3300 dfinelli@bellsouth.net Eunice D. Maling Northwest Florida Legal Services 701 South J Street Pensacola, Florida 32502 850-432-2336 malinge@nwfls.org

Charles R. Barrineau Beggs & Lane RLLP 501 Commendencia St. Pensacola, Florida 32502 850-432-2451 crb@beggslane.com Evangelo P. Geeker Emmanuel, Sheppard & Condon 30 South Spring Street Pensacola, Florida 32502 850-433-6581 vpg@esclaw.com

Kelsey K. Stone State Attorney’s Office 190 W. Government Street Pensacola, Florida 32502 850-595-4148 kelsey_stone@sa01.org Linton B. Thompson Daniell, Upton & Perry, P.C. 30421 Hwy 181 Daphne, Alabama, 36526 251-625-0046 lbt@dupm.com Christopher A. Jenkins Northwest Florida Legal Services 701 South J Street Pensacola, Florida 32502 850-432-2336 jenkinsc@nwfls.org Hillary H. Lovelady Legal Services of North Florida 118 S. Baylen Street Pensacola, Florida 32502 850-432-8222 hillary@lsnf.org

March 2013 www.esrba.com The Summation 5

Board of Governors

By Stephen Echsner

Report from

The Florida Bar Board of Governors The Florida Bar Board of Governors met on February 1, 2013. Major actions of the board and reports received include: The 2013-2016 Strategic Plan for the Florida Bar was approved. The plan keeps the same five basic goals for the Bar: ensure the judicial system, a coequal branch of government, is fair, impartial, adequately funded and open to all; enhance the legal profession and the public’s trust and confidence in attorneys and the justice system; strive for equal access to and availability of legal services; enhance and improve the value of Florida Bar membership and the Bar’s relationship with its members; and continue to encourage and promote diversity and inclusion in all aspects of the profession and the justice system.

A new Florida Bar Leadership Academy was approved to train potential future leaders of the Bar and the profession. A Bar committee will oversee the program, which will start with up to 40 “fellows” selected from diverse ethnic, gender, practice area, and geographical backgrounds. The academy will meet six times a year at Bar meetings and other locales. Each session will begin at noon on a Friday and run until noon Saturday with various speakers and topics, such as collaborating with different workplace personalities; balancing personal, volunteer, and work life; motivating others and delegating; conducting effective meetings; effective leadership styles; and public speaking. The program will also educate participants about the Bar’s divisions and sections, strategic plan, and history. Throughout the year, fellows will put what they’ve learned into practice by creating and executing public service projects. Applications and more details will soon be available at www.floridabar.org/leadershipacademy.

Eleven Bar legislative positions were adopted for the 201315 biennium, including supporting a comprehensive review of Florida’s entire death penalty process by all branches of government.

In addition, the new Florida Bar positions address: • Having representation for all children in dependency proceedings; • Opposing any amendments to Art. V, Section 2(a), that would restrict the Supreme Court’s ability to adopt procedural rules for the courts; • Supporting having state agencies pay the Bar membership fees and CLE costs of staff attorneys;

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•

Supporting funding for the Florida Access to Civil Legal Assistance Act; • Providing loan repayment assistance for government and legal aid attorneys after more than three years of service; • Supporting protecting the attorney client privilege and work product doctrine; • Supporting the Supreme Court’s certification of the need for new judges; • Supporting adequate funding with no cuts by Congress for the Legal Services Corporation; and • Supporting a pay raise for federal judges.

Existing legislative positions of The Florida Bar are: • Oppose amendments to the Florida Constitution that would alter the authority of the Supreme Court of Florida to regulate the admission of persons to the practice of law or the discipline of persons admitted; and • Support 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.

During the session, which began March 5, the Bar’s legislative positions as well as talking points on key issues, links to bills and to legislators, and other valuable information will be posted at www.floridabar.org/legislativesession.

Chief Justice Ricky Polston spoke to the board and said that his priorities in the coming year are improving financing for the courts and meeting technological challenges, including the implementation of electronic filing for the courts. The February 15 issue of The Florida Bar News provides frequently asked questions and answers on e-filing.

Seven recommendations by the board’s Communications Committee stemming from the Hawkins Commission review of the Bar’s grievance system were approved including: placing a basic primer on the Bar’s grievance system at the start of certain CLE audios and videos; giving presentations at local bar and judicial conference meetings on the grievance system; recognizing members of local grievance committees for their service; and a new webpage with comprehensive information for the public and Bar members on the grievance system at www.floridabar.org/attorneydiscipline.

The Bottom Line

By Krisi Currie, ACP, FRP Paralegal at Beggs & Lane, RLLP

Subpoena Servicing Companies: Hidden Consequences If you work in a defense law firm, you have most likely been forced to surrender to a subpoena servicing company at the direction of your client. These companies have persuaded insurance companies to contract their services by promising their clients certain advantages such as controlling costs, providing online repository, and implementing special technology features. What clients fail to see is that these advantages come with consequences.

There are legal issues that may be of special interest to law firms when utilizing these subpoena servicing companies.

An extra feature the companies offer is indexing the records prior to delivery to the client and law firm. Indexing includes reorganizing the records, preparing an index preface, and inserting index cover sheets for each separate indexed section.

After the documents are indexed, they are bates numbered in the order of the indexer’s reorganization. Additionally, they will enhance and alter the records for clarity and legibility. There are many questions to consider here. Does this constitute tampering with evidence? Will this nullify the records custodian’s authentication? Section 918.13(1)(b), Florida Statutes, states that “No person . . . shall . . . make, present, or use any record, document, or thing, knowing it to be false.”

In this situation, the company is the only party with an exact duplicate of the original documents supplied by the non-party.

Once the documents have been altered, enhanced, reorganized and indexed, they may no longer be a duplicate of the original records. Section 90.953(2), Florida Statutes, states “a duplicate is admissible to the same extent as an original, unless . . . a genuine question is raised about the authenticity of the original . . . ” and Rule 1003, Federal Rules of Evidence, states that a duplicate of the original may be used as long as it “is the product of a method which insures accuracy and genuineness.”

While in most cases a genuine question will likely not be raised, a situation could possibly arise if a document is enhanced, indexed or organized in such a way as to prejudice a party.

Another question to consider: Does the records custodian declaration comply with the relevant evidence rule, Section 90.902(11), Florida Statutes, or Rule 803(6), Federal Rules of Evidence? To authenticate an original or duplicate, specific

language must be included in the declaration from the custodian of records. If this specific language is not included, the document is not self-authenticated and could be ruled as hearsay. Most of these companies prepare and submit their own declarations for the records custodians’ signature. Currently, there is no requirement in the Federal Rules of Evidence or the Florida Statutes for this declaration to be an original or notarized.

While we may not have access to the corporate contracts between our clients and these companies, it is obvious that they have gained a competitive edge in the market. The insurance companies likely are attracted to the sales pitch of controlling costs and paying nominal fees to the subpoena servicing companies versus $90+ an hour for paralegal costs.

By forcing the law firms to undergo training and utilize the company’s website to manage the discovery process, the cost becomes a clerical cost and, therefore, the law firm is required to absorb that cost. The companies make their profits by forwarding correspondence to all parties involved in the suit contemporaneously with the notice of production from nonparty, requesting those parties directly contact them to obtain copies of the non-party records for a charge. If no agreements or contracts have been made otherwise, nothing prohibits the law firm from providing copies of the documents directly to the parties of the lawsuit in response to a request for copies.

While law firms may not be able to avoid working with these subpoena servicing companies, there are steps that can be taken to avoid the negative consequences. To avoid any situation involving genuineness of a duplicate, the law firm could request the companies provide an exact copy of the records as produced by the non-party prior to indexing and enhancing. Requesting to review the proposed records custodian declaration to determine whether it complies with the evidence rules would prevent later problems of authentication. The law firm and the client would both benefit by clarifying the billable hours versus clerical tasks involved with communicating with these companies prior to the initial use of the subpoena servicing company’s services. And that is the Bottom Line.

March 2013 www.esrba.com The Summation 7

Ask a Lawyer

By Stanley P. Walker

Immigration Law: The New Stateside Provisional Waiver

One of the biggest changes in immigration law in the past 15 years took effect on March 4, 2013. This change, which affects a large number of undocumented persons with U.S. citizen family members, is the new ability to file a stateside provisional waiver application.

provision for anything else unusual or unique to you. You must show more than ordinary hardship that would normally occur.

Additionally, even if you can prove hardship, you must then prove why the government should favorably exercise discretion to grant your waiver application.

What is a waiver?

Whenever you apply for a green card or visa to the United States, you will be interviewed to determine if you can lawfully come here. The government basically goes through a standard checklist of “grounds of inadmissibility” to see if you should be denied entry to the U.S. The most common problems involve crimes, health and financial concerns, and prior immigration violations. If you are deemed inadmissible, you must often wait outside the U.S for a specified period of time before you can lawfully reenter, or you must apply for a waiver of the particular ground of inadmissibility.

How does the process work?

Currently, you must apply for your visa first. You will then be scheduled for an interview in your home country to determine if you are admissible. At the end of the interview, you may be denied because of the three or 10 year ban (or some other ground of inadmissibility). Only after you are denied can you file a waiver application. Then, you must wait outside the country while the government makes a decision concerning your waiver. This process can take anywhere from a few months to more than a year. Many people eligible for a waiver of inadmissibility have refused to start the process because they do not want to be separated from their family or loved ones while a decision is being made.

Do I need a waiver?

The most common ground of inadmissibility is the three or 10 year ban for unlawful presence in the United States. If you originally entered the United States unlawfully, or you originally had permission to be here but then fell out of status, and you are over the age of 18, you most likely have accumulated some amount of unlawful presence. If you have more than six months of unlawful presence, but less than a year, you have to wait outside the U.S. for three years before returning. If you have more than one year of unlawful presence, you must wait outside the U.S. for 10 years before returning. These bans to lawful entry are the most common problems for the majority of undocumented aliens.

How do I apply for a waiver?

You must have a “qualifying relative”—a spouse or parent who is a U.S. citizen or lawful permanent resident. You have to prove that your qualifying relative will suffer extreme or undue hardship if you are not allowed to return to the U.S. The government will consider various categories of hardship including finances, health, education and career opportunities, close family/community ties, cultural differences with your home country, fear of persecution, and a general catch-all

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How is the law changing?

Beginning March 4th, you can apply for a new provisional waiver here in the U.S. before you ever have to leave for an interview. The new stateside provisional waiver only covers the three and 10 year bans for unlawful presence, and not any other ground of inadmissibility. Also, it is only available if your qualifying relative is a U.S. citizen. If you are granted a provisional waiver, you still have to interview for a visa in your home country, but the waiting time outside the U.S. will be shortened to a few weeks. This new procedure will allow many more people who qualify for a waiver application to start the process and remain with their families while they navigate this complicated area of law.

For more information, please contact Stanley P. Walker with Southern Star Immigration, P.A. at 850.226.7092 or at stan@southernstarimmigration.com.

This information is not intended to be a substitute for obtaining legal advice from an attorney. No person should act or rely upon any information in this article without seeking the advice of a qualify immigration attorney.

March 2013 www.esrba.com The Summation 9

By Maggie Tamburro

Path wa y s f o r C h a n g e Pathways for Change Offers Road to Success For individuals fighting to overcome a cycle of crime and incarceration often fueled by substance abuse and addiction, Pathways for Change may be the most important journey of their life.

A court ordered Escambia County substance abuse treatment program, Pathways for Change is often a last resort for individuals involved in a pattern of repeat felonies stemming from drug or alcohol abuse. Those referred to the program have usually been through prior criminal sentencing, often involving incarceration. Some have also participated in varying levels of treatment modalities, without being able to achieve lasting and successful recovery.

In short, without a true recovery which seeks to break the chains of substance abuse that underlies the criminal behavior, individuals tend to return to old habits and behaviors in a never-ending cycle of crime and incarceration, often at great cost to the community and themselves.

Pathways for Change Pathways for Change, founded in Pensacola in 2004 by Executive Director Connie Bookman, seeks to break that cycle.

Pathways for Change is a faith-based men’s residential addiction treatment program which serves as an alternative state sentencing option for statutorily qualifying criminal offenders and targets the root of the criminal behavior. Unlike traditional sentencing, it gives participants a chance for “real recovery” – tackling the underlying substance abuse and ingrained behaviors of addiction that often accompany crime.

Breaking a pattern of crime and repeat offenses becomes increasingly difficult, according to Judge Terry D. Terrell, Chief Judge for the First Judicial Circuit of Florida, who is familiar with Pathways for Change and has ordered it as a sentencing option.

Pathways for Change provides an opportunity, as described by Judge Terrell, to be “both smart on crime and tough on crime,” through dealing with the underlying problem in a responsible way.

“If your clients have an underlying substance abuse problem and are committing crimes, the substance abuse problem is short circuiting and undermining their future unless you get them in real recovery,” states Judge Terrell.

Statistics seem to agree. According to Program Director Chris Collins, Pathways for Change has a success rate of approximately 80 percent (compared to a much lower national average), saving taxpayers over $1,000,000 annually. Since opening its doors in 2004, Pathways for Change has treated over 175 participants, with more than 30 participants currently receiving in-house, residential treatment.

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The Method – Therapeutic Community Pathways for Change works because it adds a crucial layer to traditional prison sentencing through a method known as “therapeutic community.” The program utilizes a highlystructured, positive residential environment which relies on welldefined boundaries and community to foster personal growth and promote cognitive, behavioral, and lifestyle change. Mental health and counseling services, education, vocational training, and job-readiness are all part of the program, which progresses in three month phases where participants earn increasing levels of independence.

The 12 to 18 month program seeks to change destructive behaviors and attitudes associated with ingrained patterns of addiction.

It encourages the building of healthy relationships and support systems to assist in development of positive life skills necessary for continued recovery.

Tony, currently taking part in Pathways Executive Director Connie Bookman for Change, and Pathways for Change participant explains how humility, personal accountability, and giving back to community are all integral parts of the program, which is short on down time and long on commitment. Participants rise at 5:30 am and stay productive until lights out at 9:45 pm.

“It’s not 30 days, it’s not 90 days, it’s 18 months—time to get your head cleared. When you get out you have a solid foundation, you have a safety net, you have a group of people you can call on,” noted Tony.

Thanks to Pathways for Change’s latest mission, The Family Center, that safety net is now a little bigger. Through a host of support services and mentoring, The Family Center hopes to increase participants’ odds of achieving long-term success.

The Family Center In August of this year Pathways for Change opened the doors of The Family Center, “a one-stop shop for social services” as Bookman describes it. The Family Center acts as a bridge for those who have successfully completed Pathways for Change by lending a helping hand in the form of services and support.

“We wanted it to be a beautiful space,” stated Bookman, “because we hear participants say, ‘This is my second home.’”

Unlike Pathways for Change, The Family Center is not a court ordered program. Rather, it is open to all local residents as well as those who have successfully completed Pathways for Change and are committed to recovery. Its mission is to foster continued recovery through strengthening families and the surrounding community.

“It teaches you people care again, when you are in a dark spot. It feels really good to have people backing you,” stated Brady, a recent Pathways for Change graduate who is taking part in services at The Family Center.

The center provides a host of programs, such as GED courses, vocational training, computer classes, mental health and wellness services, youth programs (including an afterschool program for elementary-aged school children), job skills readiness, employment counseling, stress management, recovery meetings, and an array of enrichment services. Its programs are tailored to teaching skills necessary to cope with the stresses of everyday living, like holding down a job and raising a family.

increase awareness and promote expansion of such alternative substance abuse programs as a viable sentencing option for judges, prosecutors, public defenders, and private criminal defense attorneys.

“We never know when these programs will take root,” stated Judge Terrell. He continued, however, “Everyone can work a real recovery and make yourself live it,” which is exactly what Pathways for Change and The Family Center are all about.

Pathways for Change participants

Services Limited While Need Remains Great Substance abuse services in Escambia County are limited and most are short-term programs. The need for long-term services that treat substance abuse, however, is great.

According to Bookman, approximately 40,000 people are booked and released or sentenced out of Escambia County jail each year.

Judges often have limited alternatives for referring individuals into substance abuse treatment programs.

However, alternatives to traditional sentencing which incorporate substance abuse recovery, like Pathways for Change and The Family Center, have proven successful in turning around lives and reducing recidivism. The hope is to

March 2013 www.esrba.com The Summation 11

Judge’s Preferences

Judge J. Scott Duncan Type: Circuit Judge County: Escambia County Division: A Jurisdiction: Circuit Criminal, Circuit Civil, Probate and Guardianship Judicial Assistant: Faye Westholm Phone: 850-595-4439 Fax: 850-595-4437 (Faxes limited to 15 pages) Division Preferences Hearings - Setting or Canceling 1. Please contact us by telephone to set a hearing. If possible, please have all parties on the line when you call; if not, we will provide you with dates/times for your coordination with opposing parties. If we miss your call, please leave a voice mail message to include the case number, the style of the case, the subject of the hearing, and a toll-free phone number so we may call you back.

Otherwise, long distance calls will not be returned.

2. When setting a telephone hearing in a civil case: A. The call-in phone number for the hearing is our main office number above. Calls must be placed at the exact time of the hearing.

B. The notice of hearing must clearly state both time zones. Incorrectly stating the time zones can result in immediate cancellation of the hearing without notification to the parties.

C. A confirmation copy of the notice of hearing must be sent to the Court by fax, email or regular mail.

D. The judgment package must be received by the Court at least one week before the hearing for case review. If copies are to be distributed by mail, the package must contain sufficient copies and pre-addressed stamped envelopes for that purpose.

3. Local counsel are required to appear in person for hearings.

The Court will consider allowing phone appearance by local counsel on an as-needed basis.

4. Counsel from out of town: Be ready to provide us with the names of all opposing counsel expected to appear and which of them wish to appear by phone. It is the responsibility of the attorney setting the hearing to arrange telephone appearance of out-of-town counsel by arranging a telephone conference call. We cannot conference multiple calls to our office.

5. When a case has settled, please immediately notify the Judge’s office by phone, email or fax so we can remove your matter from the hearing/trial docket. The clerk’s office does not notify the Courts when matters are settled or notices of cancellation are filed.

General Preferences 1. If you wish to confirm the entry of an order, always check with the Clerk’s office before contacting the Court. The clerk’s website is www.escambiaclerk.com. Failing that, call the Clerk’s office directly; failing that, contact the Judge’s office.

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2. When submitting an order for entry, always provide the Clerk with sufficient copies and self-addressed stamped envelopes for his/her use in distributing your copies.

3. Always file your original pleadings with the Clerk, and attach any order to be entered to that motion. The Clerk will review the pleading and send it with the file to the Judge for review.

4. Please limit faxes to no more than 15 pages, and keep in mind that we cannot make copies or provide envelopes and postage for faxed/emailed submissions.

Civil Cases/Trials 1. When filing your notice for trial, please send a copy of the notice for trial to the Court.

2. Once the notice for trial is filed, counsel may request a Case Management Conference be scheduled to determine readiness for trial and to agree on a trial date. Any objections to the notice for trial will be heard at the Case Management Conference.

3. Mediation must be attempted before trial will commence.

4. When the trial date has been set, the Court will enter an Order of Civil Mediation Referral and its Order for Pre-Trial Conference and Setting Trial. Counsel are encouraged to attempt mediation without waiting for a Court order. Please contact the Court if an earlier mediation order is requested.

5. After mediation has occurred, please have a copy of the mediation results sent to the Court.

Criminal Cases 1. Regarding bond motions, public defenders, private counsel and assistant state attorneys must attempt to agree on a reasonable bond before a bond motion will be set for hearing. If counsel can agree on a reasonable bond, a fully-signed stipulated order should then be sent to the Judge for his review; this often will eliminate the need for hearing.

2. Always consult the Judge’s office if you wish to add a case to a docket. Do not ask the Clerk’s office to add a case that has not been cleared by this office.

3. Requests for continuance will not be considered if received less than seven days prior to docket day. Late motions for continuance will be dealt with at docket day.

Probate and Guardianship Cases 1. Send or deliver all original correspondence and pleadings directly to the Probate Clerk for review to avoid any unnecessary delays in your matter. The Clerk will review your pleadings and deliver them with the file to the Judge for his review. This includes “urgent” matters, though notifying the Court of any urgency in advance will be taken into consideration.

2. Probate or guardianship orders will not be considered without their having first been reviewed by the Probate Clerk.

Profiles

By Patricia Wright

Clerk of Courts Pam Childers When Pam Childers took over the office of Escambia County Clerk of Court in January 2013, she hit the ground running and has not stopped yet. She is building her leadership team of highly competent and experienced professionals to meet the challenges of her office and also to maintain the seamless bridge of trust and confidence in service to the court, judges and the public.

Pam Childers has extensive experience in finance. She is not only the Clerk of Court; she is also Comptroller for Escambia County. She is asking questions that perhaps each of us would, and she is restructuring the management and operations of the office. She is creating a vertical management structure.

Methodology has changed to avoid duplication of effort.

She has chosen Susan Woolf, most recently an attorney with the City of Pensacola, as General Counsel. Susan brings more than 15 years’ experience in the public and private sectors, including matters regarding local government law and employment law. Instead of having to enlist outside counsel to answer inquiries which arise, Susan is in-house and can respond quickly.

Brenda Van Brussel is Chief of Operations. She is known to many for her experience as Court Operations Manager for Santa Rosa County. Brenda understands the day-to-day business of the Clerk, and the myriad of challenges that have to be faced in dealing with the ever-changing environment of the courtroom.

E-filing is one of the immediate challenges.

While the case maintenance systems used by the clerks may be different, the judicial viewer module will be Brenda Van Brussel

standardized across the First Judicial Circuit.

Escambia will be implementing a judicial Pam Childers viewer which will enable judges to access the Clerk’s files electronically, including electronically signing orders. Attorneys use the state e-Portal to electronically file cases. The clerk’s office will be offering an e-Portal training seminar on March 22, 2013, to provide training and technical support for attorneys and legal support staff in meeting the upcoming e-filing mandates.

Childers is in the process of collapsing the One-Stop office.

Shorter lines and full service at one department located on the second floor will provide better, more efficient customer service.

This will also help ease the tremendous amount of public traffic on the first floor. In time, the traffic division will be relocated on the first floor in the current One-Stop location.

Realizing that the Clerk’s office is the first encounter that many people have with the court system, the deputy Clerks take pride in their customer service.

Professionalism will always be paramount in the Clerk’s office.

Pam Childers has vision and has plans. We wish her and her team success.

Susan Woolf March 2013 www.esrba.com The Summation 13

Profiles

By Josh Newby

Clerk of Courts Don Spencer Accountability, conservative values and fiscal discipline have long been the trademarks of Donny “Don” Spencer’s life and career. He has vowed to help maintain integrity and honesty ever since he started serving the State of Florida as a fraud investigator for the Bureau of Investigations of the Florida Department of Insurance/Financial Services, a role he had for 20 years.

Since then, he has also served as deputy sheriff in Santa Rosa County and received many accolades and certificates from the governor and colleagues alike. Finally, on January 8, he vowed to uphold the laws of the land as Clerk of Courts of Santa Rosa County.

Spencer has many items on his to-do list, including furthering his predecessor’s efforts to make the county court system less paper-dependent and utilize the full range of options offered by an online system.

“What first attracted me to public service was a desire and a hunger to help improve and modernize the department,” said Spencer, who is well-known already in the Santa Rosa County court system. “We are already technologically ahead of a lot of other counties, and I want to make Santa Rosa an example they can follow.”

While there is certainly a learning curve to the job, Spencer admitted, he has found his staff and predecessor very helpful in understanding and undertaking the full breadth of his new responsibilities. It also helps that Spencer has had a working relationship with many in the court system for several years.

Other items on Spencer’s agenda list include improving internal operations, streamlining the report process the clerk’s office does for the State of Florida, decreasing the current turnover rate and investing more heavily in employees, and working more closely with judges and attorneys and treating them as customers.

“The people of Santa Rosa County, the judges, the attorneys, even the legal assistants—they are all my customers, and as we revise the website and make other technological and internal changes, I want to make sure they are happy,” said Spencer. “If they are not, I want them to tell me so we can work on it together.”

Spencer has also vowed to only have the office for three terms, as he does not believe in career politics. He has ambitious goals and is ready to help the court system be as efficient and effective as possible. He hopes to accomplish all that

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in three terms, should the people of Santa Rosa County have him that long.

“This is the people’s job they have entrusted to me, and they trust me,” said Spencer. “Things are always changing and I want to make sure we stay relevant and change too, while not ignoring our core values: treat others with honesty and integrity. I want to treat the people of this county the way I would want to be treated. We have to take care of everyone who uses our services, from everyday civilians to public servants who are involved with it everyday.”

Don Spencer

Profiles

By Mike Doubek

Public Defender Bruce Miller On the morning of January 8th, in a low key ceremony in the M.C. Blanchard Judicial Building, Chief Judge Terry Terrell administered the oath of office to Bruce Miller, Public Defender, First Judicial Circuit. This modest ceremony was the first step in what Miller describes as his efforts to rededicate the Office of the Public Defender to the citizens of Florida, and the attorneys and staff who make the PD’s office a valued institution throughout the circuit. “I will keep the public in public service,” states Miller.

After graduating from Purdue University, Bruce Miller embarked on a career in business. As a joint owner in a business with 50+ employees, he gained experience managing people, developing and managing budgets, resolving conflicts, and applying creative solutions to solving problems.

Miller later returned to school and in 1994 graduated from the University of South Dakota School of Law. He has practiced law in the private sector and spent 11 years at the Public Defender Office where he worked in every division: juvenile, misdemeanor, felony, Baker act, Marchman act, drug court and domestic violence court. He has handled a number of high profile, as well as complex, cases.

As with all public entities, Bruce Miller inherits an office with budget difficulties.

“With tightening and uncertain budgets, the challenge is to allocate resources most effectively,” says Miller. The First Judicial Circuit includes Escambia, Santa Rosa, Okaloosa and Walton counties, so there will be an effort to evaluate the needs of each county and division. Personnel and other resources will be reallocated accordingly, with an emphasis on proper training so attorneys and staff can be successful.

Although the Public Defender Office continues to handle caseloads significantly higher than American Bar Association recommendations, Bruce Miller sees opportunities for helping their attorneys rise to the challenge. A few of the many strategies he intends to use are to: • Observe and incorporate the “Best Practices” of other PD offices throughout the state, • Improve attorney efficiency and skill levels through training and guidance by reaching out to members of the private bar for help, • Evaluate and make needed changes to technology and case management systems, • Develop a culture of ownership and pride within the PD office.

Miller states, “I want to make an environment where attorneys (and staff) want to work here and are proud to say they work here. I also want firms who hire ex-public defender attorneys to know that they have a good attorney who is ethical and professional. I also want to make sure that the attorneys and staff in the other counties feel they are a part of the Public Defender Office. This is the Public Defender’s Office, not the office of Bruce Miller.”

When it is all said and done, Bruce Miller would like to make the Public Defender Office of the First Judicial Circuit the model office for the other circuit offices to emulate.

Bruce Miller March 2013 www.esrba.com The Summation 15

Mock Trials

By Judge David Langham

Second Annual Argo Invitational Mock Trial Competition A couple of recreational divers seek a greater challenge. They book an excursion with a familiar company, to dive a recent Caribbean shipwreck. The excursion company owner conducts a video-chat with the couple, to discuss their diving history and assess how they will fit in. Unfortunately, critical questions are not asked and critical information is not volunteered. One diver has hypertension and a physician has recommended no more diving.

Neither diver has attained 50 dives, which the excursion company requires for this dive. Neither diver has ever dived without the other as their partner. None of this is disclosed, and the excursion company does not ask.

The cruise commences and all seems fine. However, during the trip towards the shipwreck, several shallow acclimation dives occur. The dive master notes one of our young couple does not follow directions well, and seems prone to hypoxia. He brings this to the attention of the company. The owner says if this diver is barred from the wreck-dive, he may be due a refund for the trip. Waivers and contracts and brochures and promises and expectations are discussed.

The morning of the wreck dive arrives, and the spouse (divebuddy) of our hypertensive diver is ill and cannot dive. Our hypertensive diver is disappointed, and despite shortcomings in dive-skills, wants to dive the wreck. There is no one with whom to pair this diver. The excursion company’s two diver-guides will lead the trip, one leading and the other responsible for bringing up the rear. The company decides one of these will also be our hypertensive diver’s buddy, despite a recognized diving treatise that holds it is never appropriate for a dive guide to be anyone’s dive buddy.

You saw this coming, our hypertensive diver went on the dive, but never resurfaced. The spouse blames the company. A spectrum of negligence, strict liability, comparative negligence, and more are alleged. Orators step to the podium in Midland (fictional jurisdiction) and regale us with focused and yet sometimes emotional overviews of the case. Witnesses describe the brochures and diving book, the dangers of wreck diving, the minimal experience of recreational divers generally and the plaintiff and spouse specifically; they are medical experts, Coast Guard officers and a grieving spouse. Poised and sincere closing arguments are delivered. The case concludes, and the participants are graded.

All day January 19 and 20, college students from eight schools converged on the University of West Florida to try this case. The second annual Argo Invitational Mock Trial Competition allowed them to demonstrate skills, and to learn still more. These schools are members of The American Mock Trial Association (AMTA, http://www.collegemocktrial.org). They have been practicing all fall, and invitational tournaments have occurred throughout the country. These are preparations for regional tournaments to come, which will ultimately lead to national finals.

It is experiences like this that restore and reinforce faith in our future. Newspapers and television are full of stories of

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young people who are misguided, misdirected, destructive and distracting. Those youths are not the ones who show up at these competitions. These students are focused, professional, polite and well-mannered. They are inquisitive, respectful, prepared, and enthusiastic. Their dedication and preparation are rejuvenating. I was pleased to tell them, and to repeat here, some of these students are already as good as lawyers I know.

The winning teams were from Auburn, Georgia Tech, and the University of Florida. The participation of all of the teams in the Argo Invitational involved significant time and energy as they traveled to Pensacola. Win or not, all of the participating schools are congratulated.

Members of our legal community contributed to this effort. I applaud Stephen Cozart (Kubicki Draper, P.A.), Deborah Davidson (Davidson & Hiers P.A.), Jennifer Frydrychowicz (Luther, Collier, Hodges & Cash, LLP), Travis Johnson (Meador & Johnson, P.A.), Robert Argo Invitational Mock Trial Team Kerrigan, Susan Marks (McConnaughhay, Duffy, Coonrod, Pope and Weaver), Grayson Miller (Kubicki Draper, P.A.), Amy Shea (Kubicki Draper, P.A.), and John Unzicker (Vernis & Bowling). These attorneys, along with many volunteers from the UWF faculty, volunteered hours or days of their time to judge this competition. They provided feedback and advice. They nurtured and mentored the next generation of young people who have an interest in a career in the law. Some will go to law school, but all expanded their horizons with the help of these volunteer attorneys. Travis Johnson deserves special recognition as he contributed his entire weekend and judged four rounds.

Dr. Kimberly Tatum is Assistant Dean at the UWF College of Professional Studies. She deserves special mention. She is the driving force behind UWF’s participation in the AMTA, and the Argo Invitational. She planned and then recruited, set up and cleaned; she provided judge orientation, gave directions, redirected the lost, and managed the event. UWF has a state-of-the-art teaching courtroom. This was one of the competition venues, and Dr. Tatum was instrumental in its planning and building.

Probably none of us do enough for our community. All of us have busy lives, families, and commitments. If we are to have a better tomorrow, however, it will come because of the growth and development of the youth of today. Congratulations to UWF for their successful event, and thanks are due to all who contributed.

Mock Trials

By Judge David Langham

High School Mock Trial Competition J.M. Tate High School is off to the Mock Trial State Competition. The Escambia Santa Rosa Bar graciously donated $500 to assist them in their pursuit of further success at the state finals. They met two other teams in the 2013 Mock Trial Competition at the Federal Courthouse in late January. Teams from Gulf Breeze High School and Walton High School also participated. The problem included allegations of murder, a missing murder weapon (knife), curious behavior by the accused, conflicting factual testimony, forensic evidence, medical experts, flaky college students and much more.

These young people were inspired, excited, anxious, nervous, reserved, shy, and over-the-top. The emotions ran the gamut. The extent of their commitment was patent, however, as they opened, prosecuted, defended, objected, argued, and closed. They were exceptional in all regards, but more so in light of the fact that these teenagers undertook this challenge at such a young age. Hard work and dedication were obvious from the quality of their performances.

The Federal Courts are an integral contributor to this program. Travis Green coordinated the Court’s involvement.

However, there were multiple marshalls and Court personnel that dedicated their time and expertise to this program. They kept courthouses open after hours, provided security, and generally made the program realistic for the students. The use of this forum definitely “kicks it up a notch.”

Congratulations are due coach Kimberly Handrop of Walton High School, Angie Sapp of Tate High and their attorney coach Travis Johnson (Meador & Johnson), and Gulf Breeze coach Stephen Stanquist and their attorney coach Mike Papantonio (Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor). These professionals made it possible for these young people to experience the excitement, tribulations, and success of trial. It is obvious that many hours were invested by these volunteers.

Tanner Newman and Breannna Riddell of Tate High School were recognized as the most effective attorney and most effective witness, respectively. Certainly, picking the best from these three teams was no easy matter. Selecting these superlative performers and judging the contest was the responsibility of local attorneys.

They judged the contest, devoting hours of their time to development of these aspiring students. Congratulations and appreciation are due Ryan Barnett (Whibbs & Stone), Adrian

Bridges (Michles & Booth), Elizabeth Bogle (Eraclides, Gelman et al), Sally Fox (Emmanuel, Sheppard & Condon), Matthew Hargraves (Johnson, Green & Hargraves), and Frank Hughes. Judge Nolan Winn of the Florida Office of Judges of Compensation Claims presided, ruling on objections and keeping the presentation of evidence on track.

The whole contest was organized by Tyler Gray (Law Office of Jeremiah J. Talbott) and his wife Caroline Gray, who also served throughout the contest as timekeeper. The Grays invested many hours recruiting the judges, preparing materials, coordinating with the Court, interacting with coaches, preparing awards, and keeping this program on track for a successful conclusion. They are commended for their dedication, focus and contribution to this program, and through it to this community. The students from Tate, Gulf Breeze, and Walton High Schools are the better for their many efforts.

Our futures will depend on these young people. Our nation, state and community will face a myriad of challenges in years to come, and it is young people like these that we may look to as leaders for tomorrow. The opportunity to participate in their growth is a privilege and an honor recognized by the fine people mentioned above. The annual mock trial competition is an exceptional opportunity to contribute to your community.

Tyler and Caroline Gray will be there next January. Will you?

J.M. Tate High School Mock Trial Team March 2013 www.esrba.com The Summation 17

Wall of Honor

By H. Edward Moore, Jr.

Lofton Westmoreland 1946 - 2004 Joseph Lofton Westmoreland: A “class act,” a “real gentleman,” and a “true professional.” These are just some of the complimentary descriptions given by fellow attorneys and clients upon learning of Lofton’s untimely death at the age of 58.

Lofton’s life was one dedicated to excellence from his early childhood until the time of his death. He was born April 13, 1946, in Jay, Fla., and was always surrounded by a very close and loving family. His father was the postmaster in Jay and today, by Act of Congress, that post office bears his name. His mother worked at the local Jay bank and his grandfather owned the local general store. Lofton enjoyed a lifetime of intense love and appreciation for his family and for his Jay heritage.

Lofton graduated from Jay High School in 1964. He attended the University of Florida where his academic prowess earned him induction into Phi Beta Kappa. Upon graduation he was commissioned a Second Lieutenant in the United States Army but was deferred from active duty to attend law school.

Lofton attended Duke Law School and remained an ardent supporter of Duke throughout his life. He graduated from Duke with distinction, was inducted into the Order of the Coif and was note editor for the Duke Law Journal. He was the recipient of the Duke Law Journal Corpus Jurus Secundum Award. He was invited to be on the Duke Law faculty, an opportunity he declined in order to enter the private practice of law.

After graduation from law school, Lofton served a brief period in the United States Army and then rejoined the prestigious law firm of Fulbright & Jaworski in Houston, Texas where he had clerked during his law school summers.

After five years in Houston, Lofton had the desire to be closer to his roots and returned to Northwest Florida in 1976, where he became engaged in a general civil law practice. In 1984 he joined the firm which is now known as Moore, Hill & Westmoreland and he continued as a valued partner in the firm until his death in 2004.

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In 1982 Lofton married Dr. Diana Harris, a local rheumatologist. They have two children, Harris and Mallory.

Lofton was so grateful to live long enough to see his children grow into responsible young adults and was an extremely proud father.

In 1990, Lofton was diagnosed with a malignant brain tumor and underwent surgery at the Sloan-Kettering Cancer Center in New York City. Over the next several years, he underwent a multitude of surgeries but always returned to the job with a positive attitude and continued to render outstanding legal services to his many loyal clients. After a courageous and dignified 14-year battle with brain cancer, Lofton finally succumbed to this dreaded disease on September 30, 2004.

Lofton was a recognized expert in several areas of the law, particularly in the area of bankruptcy. He had a lifetime love of constitutional law and the individual rights bestowed upon all citizens. He was counsel of record in Silvia S. Ibanez v.

Department of Business and Professional Regulation, Board of Accountancy before the United States Supreme Court in 1994, a case involving First Amendment restraints on official action. Although most of Lofton’s practice involved the representation of established businesses, he was not afraid to take on unpopular positions. Early in his career he successfully represented the producers of an Oh! Calcutta! theatrical production when local government tried to prevent the production from appearing at the Saenger Theater in Pensacola.

Also, much to the consternation of some of his family and friends, he successfully represented a Jewish family in Okaloosa County contesting prayers at public high school football games.

Lofton gave freely of his time to bar-related activities. He served as chairman of the First Judicial Circuit Grievance Committee; was chairman of the Judicial Nominating Commission for the First Judicial Circuit; was a long time member of the Bankruptcy Rules Committee for the Northern District of Florida; participated as a speaker and author for numerous CLE and professional presentations; and was on a number of other bar-related committees throughout his career.

Lofton also devoted much of his time and talents to the local community. He was a past president of the Pensacola Area Chamber of Commerce. He also served as president of the University of West Florida Foundation and was one of the relatively few persons to be selected as a fellow of the University of West Florida Foundation. He was a charter member and past president of the Panhandle Tiger Bay Club. His most enduring civic contribution was his service for 20 years as a member of the Board of Directors of Baptist Health Care, Inc. In spite of great professional success, Lofton never forgot

from whence he came. He had tremendous devotion to his Jay family – and to almost anyone from the Jay area who was in need of legal assistance. His fondest moments for the past eight years of his life were spent at the log house he and Diana built on 40 wooded acres along Juniper Creek in Santa Rosa County, located only seven miles from his parents’ home in Jay. There are few attorneys who could match Lofton’s intellectual and legal abilities, his high ethical standards and his strong commitment to professionalism. He loved the law.

He loved not only the study of the law but the application of the law for the purpose of assisting those who needed legal representation. Although Lofton was an intellectual and outstanding legal scholar, he also had a practical approach to the handling of legal issues and was very sensitive to the needs of each of his clients. He never placed the financial aspect of the practice of law above the needs of his clients. Although he was a very effective advocate, he was always civil and courteous with all those with whom he dealt, whether they were on the opposing side or on his side. Lofton

was universally respected and opposing counsel never had anything but praise for him.

In these days of intense criticism of the legal profession, Lofton stands out as a bright example of the best and brightest the legal profession has to offer. He was, in all respects, a class act, a real gentleman and a true professional.

March 2013 www.esrba.com The Summation 19

Photos Judge Polson’s and Judge Gontarek’s Investitures

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Pro Bono Service Award The Escambia/Santa Rosa Bar Association (ESRBA) would like to congratulate Frederick J. Gant on receiving the Florida Bar President’s Pro Bono Service Award for the First Judicial Circuit.

Gant is a sole proprietor in Pensacola practicing in the areas of family law, probate, wills and estates, federal, criminal, general civil litigation and personal injury. He was admitted to

Frederick Gant and family

The Florida Bar in 1984.

Gant exceeds the norms of pro bono service through a career-long commitment to those in need. He has spent an estimated 150 pro bono hours over the past three years, with approximately 70 of those hours occurring in the past year.

Gant is active in the ESRBA and current serves on its Executive Council.

Chief Justice Ricky Polson, Frederick Gant and Florida Bar President Gwynne Young

March 2013 www.esrba.com The Summation 21

News from the Court

By Janet Gilbert, Family Court Manager

Juvenile Programs and Services Traditionally both dependent and delinquent children were managed by the Department of Health and Rehabilitative Services (HRS) and governed by Chapter 39 of Florida Statutes.

The agency’s approach to both was essentially the same: rehabilitation by providing social services to the children and the families. Florida began a gradual shift away from the HRS social services model in 1994 when the Legislature created the Department of Juvenile Justice (DJJ) - a separate agency responsible for delinquent children, with enhanced emphasis on community protection. Programs and services to help both dependent and delinquent children continue to be a priority for both agencies; however, with the added challenge of juveniles entering the system at younger and younger ages. Two relatively new services for children at the Theodore Bruno Juvenile Justice Center are the Civil Citation Program for juveniles with misdemeanor offenses, and using a Courthouse Therapy Dog to calm and comfort children during dependency court hearings.

Court Administration has partnered with the Escambia County Sheriff’s Office, Pensacola Police Department, Department of Juvenile Justice (DJJ), State Attorney’s Office (SAO) and Public Defender’s Office (PDO) to develop a Civil Citation Program for children as provided for in 985.12, F.S. This program allows law enforcement officers and school resource officers to issue a civil citation to a child with a chargeable first time misdemeanor offense, without formal charges being filed with the State Attorney’s Office. The program includes community service work requirements, referrals for counseling and/or other treatment based upon initial assessments, and other sanctions and services such as jury duties, court observations, know the law classes, life skills, research projects, and apology letters. All sanctions and services are monitored, documented, and reported back to law enforcement, the SAO and the DJJ. Most of the citations are given to younger children between the ages of 10 and 12, providing early identification of counseling and other service needs, that might not otherwise be offered or available to the youth. Escambia and Santa Rosa counties both have Civil Citation Programs which operate in conjunction with their respective Teen Court Programs. Teen Courts have served as

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diversion programs for juveniles in the delinquency system for many years. Together these programs provide a two tier system of opportunity for juveniles to be held accountable for their actions and avoid formal prosecution through the court system - prevention and diversion.

In the dependency arena the use of a therapy dog in the courtroom has proved beneficial to the children appearing in court. The judges in Escambia County’s juvenile division expressed concern that most children seemed to have a negative experience in court, and learned of pet therapy dogs being used in court in south Florida. Kathy Winters, Lakeview’s Families First Network, notified the judges that she had a standard poodle (Tyler) who was a certified pet therapy dog - and the pilot program began. The dog attends dependency judicial review hearings once or twice every month to spend time with the children in court. According to Winters “what happens when Tyler is at court is kind of magic.” She and Tyler get there early, so that he can spend time with the children in the waiting area before court begins. This gives her some insight into which children would gain the most benefit from his presence during court. Tyler meets the children’s needs in different ways, depending on their age. For younger children, he is a distraction during the seemingly long period of time spent in the courtroom; giving them something to do and talk about, and helping them to avoid getting restless. They often sit down on the floor with Tyler and pet or play with him. For the older children, Tyler serves a more therapeutic role by giving them comfort as their case is being heard in court. On occasion, he has been a calming presence for children as they testified in Termination of Parental Rights proceedings. Many of the younger children express interest in coming back to see Tyler, and according to Winters, the adults seem to enjoy spending “therapy” time with Tyler even more than the children! Tyler now attends court with the children in dependency court review hearings in both Escambia and Santa Rosa counties. And all of the judges seem to agree that the atmosphere is calmer when a therapy dog is present in the courtroom, and the entire courthouse seems to relax a little bit.

Calendar March 21 12:00 - 1:00 pm Bar Meeting – Portabello Market Speaker: Chief Judge Casey Rodgers - US District Court March 22 1:00 - 3:00 pm Florida Courts E-filing Portal Seminar M.C. Blanchard Bldg., Jury Assembly Room Speaker: Melvin Cox & Levi Owens April 5 11:30 am - 1:30 pm Basic Personal Injury Seminar Portabello Market Speaker: Terence Gross April 18 12:00 - 1:00 pm Bar Meeting – Portabello Market Speaker: Donald Weidner, Dean, FSU College of Law April 19 Crimmigration: Ethics in Immigration and Criminal Law Update M.C. Blanchard Bldg., Jury Assembly Room Speakers: Martin Lester & Stanley P. Walker

Classifieds We are compiling copies of all standard insurance company medical authorization forms. When the compilation and comparison analysis is completed we will post it on our web site (www.kerrigan.com).

Please send copies of any pre-suit HIPAA release forms provided by any automobile insurance company sent directly to the claimant or the claimant’s attorney. Any client names will be redacted or you may do so. Bob Kerrigan, 400 East Government Street, Pensacola, FL 32502 or bob@kerrigan.com.

North Carolina Cabin Two bedroom two bathroom cabin in Murphy, North Carolina.

Approximately 960 square feet living area with large porch. .9 acres. Fully furnished. Detached storage shed. Reduced to $88,900.

Photos available by email. GJRoark@bellsouth.net. 850-432-2298.

To place a classified ad please call 433-1166 ext. 29 or email emily@ballingerpublishing.com

April 26 3:00 pm Judge Giraud Investiture Santa Rosa County Courthouse May 1 11:30 am Law Day Luncheon- Crowne Plaza Speaker: Gwynne Young, President of The Florida Bar May 2 5:30 pm Judicial Reception - Crowne Plaza May 10 9:00 am - noon Military/Family Law Seminar Portabello Market

March 2013 www.esrba.com The Summation 23

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