The Summation Fall 2015

Summati

The

Escambia/Santa Rosa Bar Association

n

September 2015

Volume 4 / Issue 3

Pensacola American Inns of Court Celebrating 25 Years

page 14

Local Professionalism Panel Pulled Over For DUI • Florida Sunshine Laws Downtown Flower Bed Project

September 2015 www.esrba.com The Summation 1

Inside

The

Summation

9. Ask a Lawyer: Pulled Over for DUI 10. Local Professionalism Panel 14. Pensacola Inns of Court 16. Florida Sunshine Laws 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 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.

Judge Terry Terrell Benjamin Stevenson Clara Smith Paula Walker Tami Stokes Debra Bass Carrie Cromey

Jason Boatwright Brooke Jones Gerald McGill Caroline Peterson Lisa York Susan Woolf

Cover design by Guy Stevens

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17. Wall of Honor 18. Downtown Flower Bed Project 20. Photos

In every issue 3. From the President 4. Board of Governors 5. New Members / Announcements 6. Chief’s Corner 8. The Bottom Line 12. Judge’s Preferences 22. News From the Clerk 23. Classifieds / Calendar

Publisher • Malcolm Ballinger Executive Editor • Kelly Oden Art Director • Rita Laymon Graphic Design & Ad Coordination • Guy Stevens Business Editor • Josh Newby Editorial Assistant • Dawn Gresko Sales & Marketing Becky Hildebrand, 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.

From the President

FUTURE PROJECTS AND GOALS

By Matthew C. Hoffman

Thank you for the opportunity to serve as president of the Escambia / Santa Rosa Bar Association for the coming year. I am honored to have the opportunity to serve, and look forward to a very good year.

law requires that the Summation Weekly be published for one full year before it can begin accepting legal notices, but we are quickly approaching the one year mark this November.

There are two main projects or goals that I would like the Association to accomplish in the coming year– updating the Association’s website, and getting the Summation Weekly certified as a periodical to begin accepting legal publications.

Please stay tuned for additional information, as we will be sending out a more comprehensive packet of information to the membership once the Association is ready to accept legal notices for publication. In the meantime, please spread the word to let other attorneys and colleagues know about the Summation Weekly. The Association has partnered with Ballinger Publishing to make the Summation Weekly available to the public, and a significant portion of the publication revenue will come back to the Association to help fund its yearly activities, including the monthly bar luncheons and Law Week activities.

For those of you that have recently visited the Association’s website (www.esrba.com), you will see that project is well underway. Thanks to the hard work of Mike Doubek, Jim Weber, Jodi Cooke, everyone on last year’s website committee, and especially Michele Kelley, the Association’s website has a fresh new look. It now includes an updated calendar of all of the Association’s upcoming events, as well the ability to purchase and pay for any of the Association’s CLE materials online, and RSVP and pay for the Association’s upcoming meetings and events online.

The Association is also well on its way to getting the Summation Weekly certified as a periodical to begin accepting legal publications. In November of last year, each of you began receiving a weekly publication called the Summation Weekly, with a mixture of legal and local community news. The Association began publishing the weekly addition so that it could begin accepting legal publications for foreclosure, probates, and other legal matters requiring publication of a legal notice. Florida

Other than those two projects, I am hopeful you will continue to participate in the Association’s monthly luncheons and other activities. We are in the process of lining up speakers for our monthly meetings with a little more of a community focus, rather than specifically legal topics, so hopefully you will find them interesting and informative.

Thank you again for the opportunity to serve.

September 2015 www.esrba.com The Summation 3

Board of Governors Report from

THE FLORIDA BOARD OF GOVERNORS

By STEPHEN ECHSNER

The Florida Bar Board of Governors met on July 24, 2015. The major actions of the Board and reports received included: A proposed rule amendment, which will require approval by the Florida Supreme Court, was approved to increase continuing education requirements by three hours in technology-related education every three years. The approved proposed changes also include amending the comment to Rule 4-1.1 of the Rules Regulating The Florida Bar regarding attorneys’ understanding of the risks and benefits associated with the use of technology. For more information, please see the August 15 edition of The Florida Bar News. The proposed amendment will be submitted in the next master rules filing in the fall of 2016. Comments will be sought from members to be sent to the Court with the amendment request. The Florida Bar already offers free technology CLE courses on the Practice Resource Institute webpage and is working to expand that catalog to ensure Bar members have ample courses to increase competence in legal practice technology.

The Vision 2016 Commission is currently studying a number of issues that concern all lawyers, including legal education, technology, bar admissions and access to legal services. Information on all areas of study by the Commission, and email links for members’ comments on each are available at www.floridabar.org/vision2016.

The Vision 2016 Bar Admissions Subgroup presented a preliminary informational report with recommendations and a summary of the review and study undertaken by the committee over the past two years. One of the issues being studied by Vision Bar Admissions is admission by motion/ reciprocity. No action was taken by the Board on this report or any bar admissions issues, and no action is scheduled to be taken. Comments from Bar members are being actively sought by the subgroup.

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A recommendation by the Board Review Committee on Professional Ethics was approved to allow law firms to send text messages to prospective clients as long as the text messages comply with all Bar advertising regulations for written and email communications. A record of the text messages must be retained and that the firms must bear any costs related to the delivery of the texts, not the recipient.

Bar members may call the Ethics Hotline or submit an inquiry form with any questions. Also, a joint committee with the Vision 2016 Technology Subgroup has been formed to review online referral companies that match lawyers with potential clients and study how fees are split for those companies.

A committee has been appointed to monitor the upcoming Constitution Revision Commission (CRC), which will begin its meetings in January 2017. Information on the CRC and the monitor committee will be reported in future issues of The Florida Bar News.

A proposed amendment presented jointly by the Rules of Judicial Administration Committee and the Court Interpreter Certification Board were approved to amend RJA 2.560 (Appointment of Spoken Language Court Interpreters for Non-English-Speaking and Limited-English-Proficient Persons) and to create a new rule 2.565 (Retention of Spoken Language Court Interpreters for Non-English-Speaking and Limited-English-Proficient Persons by Attorneys of SelfRepresented Litigants) that will be submitted to the Florida Supreme Court for its consideration.

A proposed amendment to the comment of Rule 4-4.2 of the Rules Regulating The Florida Bar by the Government Lawyer Section and the City, County and Local Government Section was not presented to the Board at the July meeting pending review by other interested parties. The amendment deals with attorneys communicating with government officials who are represented by counsel.

New Members Lysia H. Bowling Pensacola City Attorney 222 West Main Street Pensacola, FL 32502 (850) 435-1615 lbowling@cityofpensacola.com Michelle N. Boyd Baptist Health Care Corporation 1717 North E Street, Suite 320 Pensacola, FL 32501 (850) 434-4841 Michelle.boyd@bhcpns.org Wheeler H. Bryant McConnaughhay, Duffy, Coonrod, Pope & Weaver 316 South Baylen Street, Suite 500 Pensacola, FL 32502 (850) 434-7122 wbryant@mcconnaughhay.com Omar J. Famada Famada Law Firm, P.A. 310 East Government Street Pensacola, FL 32502 (239) 298-4863 omar@famada-law.com Juan A. Fernandez Galloway, Johnson, Tompkins, Burr & Smith, PLC 118 East Garden Street Pensacola, FL 32502 (864) 436-7000 jfernandez@gallowayjohnson.com John A. Fraiser, Jr. McDonald Fleming Moorehead 127 South Palafox Place, Suite 500 Pensacola, FL 32502 (850) 696-1888 jafraiser@pensacolalaw.com Brian D. Hancock Taylor, Warren & Weidner, P.A. 1823 North 9th Avenue Pensacola, FL 32503 (850) 438-4899 bhancock@twwlawfirm.com Alfred J. Lojo The Law Office of Gary B. Leuchtman, PLLC 921 North Palafox Street Pensacola, FL 32501 (850) 316-8179 AJL@leuchtmanlaw.com

Sheryl J. Lowenthal Sheryl J. Lowenthal, Attorney at Law 9130 Dadeland Boulevard, Suite 1511 Miami, FL 33156 (305) 670-3360 sjlowenthal@appeals.net Bryan J. Mills Clark, Partington, Hart, Larry, Bond & Stackhouse 125 West Romana Street, Suite 800 Pensacola, FL 32502 (850) 434-9200 bmills@cphlaw.com Joshua D. Molandes Roppo | Molandes, PLLC 8 North Coyle Street Pensacola, FL 32502 (850) 607-6773 Joshua@roppomolandes.com Stephanie Q. Naylor Quinnell Elder Law Firm 913 Gulf Breeze Parkway Gulf Breeze, FL 32561 (850) 432-4386 snaylor@qlawflorida.com Edward J. Peterson, III Stichter Riedel Blain & Postler, P.A. 110 East Madison Street, Suite 200 Tampa, FL 33602 (813) 229-0144 epeterson@srbp.com

Announcements The Escambia-Santa Rosa Bar Association would like to congratulate the following members as they celebrate their milestone events.

For Fifty Years of Membership in The Florida Bar: Henry Clay Mitchell Jr. H. Edward Moore Jr. Robert Leslie Stone

For Twenty-Five Years of Membership in The Florida Bar: James R. Barnes T.A. Borowski Belinda B. de Kozan

Lois B. Lepp Gerald McKenzie Kenneth J. Oleksyk Bruce D. Partington J.D. Smith William K. Thames, II Warren R. Todd

Gillis E. (Beau) Powell, III Beau Powell, P.A. 6827 Caroline Street, Suite A Milton, FL 32570 (850) 981-2400 beaupowell@bpowelllaw.com John A. Terrezza The Law Office of John A. Terrezza 321 North DeVilliers Street, Suite 204 Pensacola, FL 32501 (850) 764-5291 john@terrezzalaw.com Margery M. Thorp Mayes Law Firm, P.A. 913 Gulf Beach Parkway, Suite 44 Gulf Breeze, FL 32561 (850) 932-1960 Maggie@mayeslaw.com

September 2015 www.esrba.com The Summation 5

Chief’s Corner

A RETROSPECTIVE VIEW

By JUDGE LINDA L. NOBLES

On July 1, 2015, I assumed the position of Chief Judge of the First Judicial Circuit after having been elected by my colleagues. It was truly an honor to receive their trust and support.

Everything Outdoors: a lawn and landscaping service run by graduates and current participants in the Pathways for Change program to provide participants with a job and the opportunity to learn how to manage a business.

One of my first official duties was awarding the 2015 Chief Judge Award for Service at the Escambia-Santa Rosa Bar Association’s Annual Installation Banquet. This year’s recipient was Connie Bookman, founder and CEO of Pathways for Change. It was my great privilege to make the following presentation:

The Clinton Cox Residence: a 12 bed transitional house, where men who are transitioning from substance abuse treatment back to society live sober, healthy lives while they learn self-sufficiency.

The Chief Judge’s Award for Service is awarded to recognize an individual who has gone above and beyond in service to the judicial system. This year’s recipient, Connie Bookman, exemplifies such service.

In 1999, Mrs. Bookman became the executive director of the Christian Counseling Center. In that capacity, she was given the opportunity to work with female inmates in the Escambia County Jail. After interacting with the women, she realized that her plan of teaching classes and providing counseling was woefully deficient. It would not provide the foundation needed to recover from a life of crime and drugs. To provide a meaningful pathway for change, she would need to address the lack of education, employment, transportation, and child care, and a myriad of other obstacles so central in the lives of these women.

After doing her research, she found a maximum security prison in Ohio that was utilizing a therapeutic community approach with its female inmates. Mrs. Bookman actually paid $1000 to spend a week as an inmate in that facility. At night, she was allowed to sleep in a nearby hotel, but in the day, she was a fully immersed inmate.

It was from that experience that Pathways for Change, a faith based addictions treatment program and transition residence for men, was born. Pathways is an intense 18 month program. The men are up by 5:30 in the morning and have something productive to do until 9:30 at night.

They take classes, participate in counseling, and work.

They use the money they earn to pay off their court costs, fines and any restitution owed, stay current on any child support obligation, and save for their future. More than 300 men have completed the program, and Pathways boasts a 70% success (do not reoffend) rate. By way of information, the State Prison system has a 32% success rate. This year is Pathways for Change’s 10th anniversary, and in that time, it has transformed numerous lives and saved the taxpayers of Escambia County over $4.2 million dollars.

But, for Mrs. Bookman, that was not enough. Over the years, she has expanded Pathways to include: 6 The Summation www.esrba.com September 2015

The Family Center: a facility where members of the public seeking change and a new direction in life are provided education, counseling, support groups, and child care. Some of the Family Center clients are women who, due to drug abuse or other acting out behaviors, have lost their infant to two year old children and are seeking reunification with their children through “Baby Court.”

These women are offered skills that will not only help them become responsible, nurturing mothers, but will perhaps stop the cycle that may one day ensnare their children.

Pathways to Success for Neighborhood Kids (grade 1-5): a program where children are exposed to a computer lab and daily tutoring to improve their education skills and school readiness.

Pathways Academy: Pathways for Change became a post-secondary school last year and developed a program where clients can complete an Office Assistant Certification class. Participants learn skills such as Word, Excel, and Power Point.

As you can see, Pathways for Change provides a continuum of care for men, women, and children. It is working, and it is making a difference.

The mission of Pathways for Change and its founder and CEO is: Changing Lives, Reducing Crime, and Building Futures. It is one thing to have a vision; it is quite another to actually find a way to turn that vision into a successful reality. Mrs. Bookman has done precisely that.

It is with my sincerest thanks and great pleasure that I present the 2015 Chief Judge’s Award for Service to Connie Bookman.

I will accept nominations for the 2016 Chief Judge Award for Service through April 29, 2016. I encourage you to submit the name of any person you believe has exemplified and exceeded the high standard of integrity in the courts through service. The submission should be forwarded to Trial Court Administrator Robin Wright at Robin.Wright@flcourts1.gov.

September 2015 www.esrba.com The Summation 7 CP0437 Schofield Drone Law Summation Ad.indd 1

8/21/15 11:46 AM

The Bottom Line

HIPAA’S BUSINESS ASSOCIATE AGREEMENT: DOES YOUR FIRM NEED IT?

By DANA MARTINEZ-JONES, ACP

The Health Insurance Portability and Accountability Act (HIPAA) has been around for nearly 20 years and continues to evolve as ever changing medical and legal issues arise. Like many governmental acts, the adaptation to these changes moves very slowly. One such evolution is the Final Omnibus Rule issued on Jan. 17, 2013 by the Office for Civil Rights (OCR) of the Department of Health and Human Services (DHHS). This directly affects vendors, associates, or companies (e.g. law firms) that handle protected health information (PHI). The “Rule” for business associates has taken some firms, their attorneys, and paralegals by surprise despite being in effect for over two years. The DHHS’ OCR is the watchdog in place to ensure that this Rule is being followed and can assess heavy fines when it is not. What is the Rule?

Per the HHS Press Office, the passage of the “final omnibus rule marks the most sweeping changes to the HIPAA Privacy and Security Rules since they were first implemented.” (HHS Press Office 202-690-6343). It affects law firms that receive, utilize, or otherwise handle PHI in the course of their representation of a Covered Entity. Covered Entities, as defined under HIPAA, can be health plans (HMO’s, insurance companies, Medicare/ Medicaid, etc.), health care clearinghouses, or health care providers who transmit/receive PHI; namely hospitals, doctors, nursing homes, etc. If a law firm performs functions, activities, or services involving the use or disclosure of PHI on behalf of a client that is a considered covered entity, then it most certainly falls within the definition of “business associate.” Why does the finalization of the rule matter?

Prior to the passage of this Rule, business associates, such as law firms, were required to maintain the privacy, and protect the security of PHI; however, under HIPAA, these firms were not subject to sanctions for any alleged noncompliance in that relationship with their client.

But, this Rule expands potential direct liabilities in the use and disclosure of PHI. Further, the Rule expanded the definition of “business associates” to include those persons who, other than in the capacity of a workforce member of the covered entity, create, receive, maintain or transmit PHI on behalf of the covered entity. One important change that law firms as business associates must be aware of is the addition of “subcontractors” to the definition of business associates. Omnibus Final Rule, 78 Fed. Reg. 5566, 5573 (Jan. 25, 2013).

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If a firm uses outside entities to help in its representation of its clients, allowing these outside entities to receive, utilize, maintain, or transmit PHI from the firm’s clients, then that entity is considered a “subcontractor.” With the inclusion of subcontractors in the final Rule, a law firm must earnestly evaluate the relationship with the subcontractor and ensure that a Business Associate Agreement (BAA) is in place.

Areas requiring evaluation include: data/cloud storage companies, shredding services, TPAs (third party administrators), expert witnesses, and the list goes on.

The business associate must execute and have in place BAAs with its subcontractors. See 45 C.F.R. 164.502(e) (1). Section 164.504(e) sets out specifically the requirements for BAAs. Sample provisions for a BAA have been published on HHS’ website at: http://www.hhs.gov/ocr/privacy/hipaa/understanding/ coveredentities/contractprov.html.

So why the change in the Rule? According to the DHHS, this change greatly enhances patients’ privacy protections, provides individuals new rights to their health information, and strengthens the government’s ability to enforce the law. The DHHS claims that some of the largest reported breaches of PHI have involved business associates and their subcontractors. The changes now give more muscle to the OCR to vigorously enforce the HIPAA privacy and security protections, regardless of whether the information is being held by a health plan, a health care provider, or a fellow business associates.

More importantly, business associates as well as their subcontractors can now be held directly liable for noncompliance with certain HIPAA requirements.

As noted earlier, this finalized Omnibus Rule went into effect in January of 2013, but companies/firms were given a “transition period” up to Sept. 22, 2014. While that was almost a year ago, many companies are still slow to respond. This deadline has come and gone and it is past the time to conform and ensure the firm has entered into BAAs with their subcontractors that comply with the Privacy and Security Rules. These should be entered into and executed in the same manner in which covered entities are required to enter into contracts with their business associates. If firms do not follow this procedure, civil monetary penalties are increased for noncompliance based on the level of negligence, with a maximum penalty of $1.5 million per violation! So, be sure all the BAAs are in place or else the firm can be assessed quite hefty fines.

And that’s the Bottom Line!

Ask a Lawyer

WHAT DO I DO IF I AM ARRESTED FOR DUI?

By JOHN L. WILKINS

What do I do after I am finished having a good time and the blue lights come on?

You find yourself driving after having had an alcoholic beverage (or twelve). Yes, you should have called a cab.

However, you live just down the street and you’re fine to drive right? Right up to the point where you see the blue lights in your mirror.

Now, what do I do?

Smile, you’re on Candid Camera! You are likely being filmed by the in-car video camera to capture your driving pattern.

Let’s assume you have the odor of alcohol, blood shot and watery eyes, and slurred speech. It doesn’t matter if you only had one or two drinks, the arrest report will state it nonetheless.

What will the officer do when he comes to the car?

He will continue gathering evidence by interaction. He will ask for your documents and where you are coming from, have you had anything to drink, and if so how much. Remember, you have the right to remain SILENT, use it. Be polite. Hand him your documents. Exit the car if he requests. Do not answer any questions other than what may be found on your documents. The officer is trying to get a speech pattern (slurring). Also, he is likely wearing a body microphone.

Whatever is being said is being recorded.

What happens at the jail?

You will be taken to one of the Intoxylyzer 8000 rooms where you will be on camera again. This is where you will formally be read Implied Consent and asked to give a breath test. Later your rights under Miranda v. Arizona will be read to you. Do not answer any questions. Period.

If you have never refused a breath test before, then refuse this one. It is more evidence against you. If you have refused before, and refuse a second time, then you can be charged with a first degree misdemeanor. Again, when they read you Miranda, you have the right to remain silent, USE IT. Sensing a pattern here? When the officer is finished with his paperwork you will be booked and given the opportunity to bond out.

There are a list of bail bonds by the phone in alphabetical order.

They usually charge about 10% of the bond you were given.

Or, you can put the whole amount up. If you are convicted or enter a plea that money will go toward fines and court costs.

When you bond out, call me at my office or another DUI Defense Attorney and we will walk you through the rest of it.

This information is not intended to bea 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 qualified attorney.

What should I DO? Give him your documents and be polite, but firm when you refuse to answer any questions without your lawyer present.

What should I NOT do?

Don’t be rude, he will be setting your bond later. You can’t talk your way out of it because you were stopped for speeding, weaving, or some other traffic infraction and you have alcohol on your breath.

Face it, you are going to jail. Next, he will “ask” you to perform “some exercises just to see if you are ok to drive.” DO NOT, UNDER ANY CIRCUMSTANCES, EVER DO THEM, PERIOD. This includes the “follow the pen with your eyes only” (HGN) test. They are field sobriety tests and you will not pass them. They are used as evidence against you. They will be filmed.

Next, you will be searched, cuffed, and taken to county jail The in-car video that captured the stop and the encounter with you will be flipped around to record you in the back seat. Remember the officer is wearing a body microphone and it will be recording anything you say. So, you say nothing.

September 2015 www.esrba.com The Summation 9

A REVIEW OF THE FIRST YEAR OF OPERATION OF THE FIRST JUDICIAL CIRCUIT LOCAL PROFESSIONALISM PANEL

By JUDGE PATRICIA GRINSTED There is now a mechanism in place for handling rude, obnoxious, crass, or otherwise unprofessional behavior between attorneys. So far, it is working. The First Circuit established Local Professionalism Panels (“LPP”) to address issues involving unprofessional conduct. A goal of the Local Professionalism Panels is to raise awareness of its voluntary role to offer guidance and confidential counseling when an attorney’s conduct does not rise to the standards established by the Professionalism Expectations recently adopted by The Florida Bar Board of Governors. The LPP’s provide an informal mechanism to address concerns and resolve disputes before they escalate to the level of a violation of the Rules Regulating the Florida Bar, necessitating involvement by ACAP or the Florida Bar Grievance Committee.

In compliance with the mandate from the Florida Supreme Court to create a mechanism to respond more actively to complaints of unprofessional behavior by Florida attorneys, former Chief Judge Terrell appointed the First Judicial Circuit Bench & Bar Professionalism Committee to organize Local Professionalism Panels for the First Circuit. After much discussion and consideration, the Professionalism Committee adopted Policies and Procedures on May 21, 2014 to create the LPP East, chaired by Judge Grinsted, which handles complaints against attorneys arising in Okaloosa and Walton counties, and the LPP West, chaired by Judge Ross Goodman, which handles complaints arising in Escambia and Santa Rosa counties.

In the first year of operation, in conformance with the high level of professionalism practiced in the First Circuit, each panel has received and investigated only one complaint.

As contemplated, all complaints received by the LPP’s were handled confidentially and participation in a panel investigation was voluntary for all participants. One complaint addressed a conflict arising when a 10 The Summation www.esrba.com September 2015

hearing was scheduled without notice to the opponent. The other involved allegations of rude or discourteous behavior by an attorney. In each case, the investigating member of the LPP spoke with the parties involved, resolving each conflict informally to everyone’s satisfaction.

More information regarding how to file a complaint with the LPP’s is available on the First Judicial Circuit Website. Next time you are faced with an issue which causes you concern regarding the conduct of one of your colleagues, we hope you will consider utilizing your First Circuit Local Professionalism Panels as an alternative means to seek a positive resolution.

September 2015 www.esrba.com The Summation 11

Judge’s Preferences

JOYCE H. WILLIAMS Escambia County Division: One Judicial Assistant: Mary Miller Phone: 850-595-4433 Each edition we will publish detailed information on one of our First Judicial Circuit and County Judges. This edition, we are featuring Judge Joyce Williams. You can also find this information and preferences for all First Circuit Judges at www.firstjudicialcircuit. org.

DIVISION PREFERENCES Setting Criminal Motion Hearings Criminal motion hearings are scheduled during Judge Trials/Criminal Motions week prior to trial date. Motions must be filed in a timely manner as to allow the opposing party sufficient time to review and determine if subpoenas are necessary, and if so, to permit sufficient time for service.

The motion should be filed with the Clerk’s Office, and a copy provided to the Court and to opposing counsel prior to calling the Judicial Assistant to set the motion for hearing. The parties must have the motion in hand before the matter can be set for hearing. The State may need a minimum of ten days to send subpoenas if witnesses are needed. Include statement specifying whether the opposing counsel agrees or opposes the motion. The Court will consider the motion and may grant or deny the motion without a hearing. If possible, efforts should be made to set all motions for hearing prior to the morning of trial. *Special jury instructions must be provided at or before jury selection. Otherwise, such instructions will not be allowed on the day of trial.

Bond Hearings A defendant must be arrested prior to seeking a bond reduction or modification. Reductions, modifications, revocations and hearings to set a bond amount are scheduled during video week or during Judge Trials and Criminal Motion Hearings, after the written motion is filed and a copy is provided to the opposing counsel.

Arraignments If an attorney or the defendant requests that the original date be reset for good cause, the date may be moved within the same week. Any requests for an appearance to be reset outside of Arraignment week must be submitted directly to the Judge’s office in writing, with copies provided to the State Attorney.

Failures to Appear All FTA warrants, unless set aside for sufficient reason, will remain outstanding until an appearance is made by the Defendant before the Court or via his or her attorney.

Comply/Control Dates Control dates generally will fall on Tuesday of Arraignment week. If an individual fails to comply by the control date scheduled for 8:30 a.m., or 10:00 a.m. as announced by the Court, an appearance is required.

Criminal Pretrials Criminal pretrial conferences are scheduled through the Judge’s office and upon request only. The party wishing to schedule a pretrial conference must contact the Judicial Assistant for a future date and time. The Defendant’s appearance is not mandatory, if waived in writing by the Defendant.

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Plea Day Personal appearance by the attorney and client is mandatory.

Any request to waive an appearance must be filed prior to plea day by motion with the Clerk of Court, a copy provided to the Assistant State Attorney and to the Court, with a proposed order to the Court (see Proposed Orders Paragraph below).

Written Motions for Continuances must be filed with the Clerk of Court prior to plea day, with a copy provided to the Court, along with a proposed order to the Court (see Proposed Orders Paragraph below). Motion must include whether the opposing party agrees or opposes the motion.

Criminal Continuances Written motions for continuances with proposed order may be filed with the Clerk of Court and a copy provided to the Court and opposing party prior to court date. Motion must include whether opposing counsel agrees or opposes the motion.

Announcing Ready for Trial When announcing ready for trial, this means each party has completed all things necessary in order to select a jury.

For example, witness availability (especially law enforcement; review of discovery, such as in-car videos). This requirement is to make sure you have spoken to all potential witnesses and obtained information needed from law enforcement.

Civil Hearings All civil hearings are scheduled through the Judge’s office.

When a case is resolved prior to the hearing date, kindly notify the judge’s office as soon as possible so that the time allotted for the hearing can be cleared and used on other matters pending before Div. I. Please ensure that all parties are notified of cancellations.

Probation Early Pleas The Probation Officer and Assistant State Attorney must be contacted prior to scheduling an early plea on a violation of probation case.

PROPOSED ORDERS Effective January 1, 2015, the Escambia County Clerk of Court will no longer accept proposed Orders through the Florida Court E-Filing Portal. All proposed Orders must be submitted directly to the presiding judge by either submitting the proposed order via hand delivery or by emailing it in Microsoft Word format with the title “Proposed Order” and “Defendant’s name and case number” in the subject line directly to Judge William’s Judicial Assistant at mary.miller@flcourts1.gov. *This provision does not apply to pro se defendants, should they choose not to utilize the EPortal option.

September 2015 www.esrba.com The Summation 13

PENSACOLA AMERICAN INNS OF COURT

By JUDGE DAVID LANGHAM

Much would happen across the world 25 years ago in 1991. Apartheid ended in South Africa, countries began breaking away from what is now referred to as the “former Soviet Union,” which by year-end dissolved. In Pensacola, a group of judges gathered in February to discuss the American Inns of Court.

The American Inns of Court concept began in the 1970s. The movement was started after Chief Justice of the United States Warren E. Burger discussed the idea with Judge J. Clifford Wallace of the U.S. Court of Appeals for the Ninth Circuitduring the Anglo-American Legal Exchange in 1977. In 1979 at Burger’s request, Rex E. Lee, Dean of the J. Reuben Clark School of Law at Brigham Young University, and Dallin H. Oaks, president of Brigham Young University and later justice of the Utah Supreme Court, met to discuss Burger’s concern with the state of trial skills within the legal profession and his desire to start an Inn at BYU. Later that year, Lee asked BYU adjunct professor and Senior Judge A. Sherman Christensen to develop the pilot project. Christensen’s efforts culminated in the establishment of the first American Inn of Court on February 2, 1980 in Salt Lake City, Utah and included law students from Brigham Young University. In 1985, with 16 additional Inns developed the American Inns of Court Foundation was established to promote, support, and charter additional American Inns of Court across the United States. This October the American Inns of Court will celebrate its 35th Anniversary with a gala dinner in Washington, DC. The “Mission of the American Inns of Court is to foster excellence in professionalism, ethics, civility, and legal skills.” The essence of the Inns movement is a recurring focus on honing the skills, civility and professionalism that epitomize effective advocacy. There are those who criticize that Inns, and other professionalism efforts, fail to reach the target audience; that they “preach to the choir.” At the inaugural banquet of the E. Robert Williams Inn in 2007, former Florida Bar President Henry Coxe of Jacksonville acknowledged this complaint. He explained, however, that it is fine to preach to the choir so long as our efforts continue to expand the size of the choir. That, he said, is the key to Inns of Court; keep adding new faces to that cadre of civil and professional practitioners.

In 1991, six years after the founding of the American Inns of Court Foundation, Inns of Court had already come to Florida. There were a dozen Florida Inns by then. (A complete list of Florida Inns can be found on page 15).

According to the April 1991 Escambia Santa Rosa Bar Association’s Summation, eight Pensacola judges met in February of that year to discuss joining the movement. The group elected Hon. Roger Vinson as the founding president with H. Edward Moore, Roy Kinsey, Hon. Susan Novotny, Hon. Lacey Collier, Don Partington, and Robert Mayes on the executive committee.

Twenty-four “masters” were recruited for the Pensacola American Inn of Court (“PAIC”), and the list is a “who’s who” of Pensacola legal practice.

The Summation listed the following Masters: Judges: Lacey A. Collier, William J. Greene, Michael Jones, John P. Kuder, Edward P. Nickinson, III, Susan Novotny, G.J. Roark, III and Roger Vinson Attorneys: William H. Clark, A.G. Condon, Jr., Robert I Crongeyer, Patrick G. Emmanuel, Fletcher Fleming, Robert P. Gaines, Larry Hill, T. Sol Johnson, Danny L. Kepner, Roy M. Kinsey, Jr., Lefferts L. Mabie, Jr., Robert J. Mayes, H.

14 The Summation www.esrba.com September 2015

Edward Moore, Jr., Donald H. Partington, James M. Wilson, and W.H.F. Wiltshire.

In September 1991, the PAIC was born; the 148th Inn. This September, as the PAIC enters its new fiscal year, it will celebrate its 25th year anniversary.

Coincidentally, the Inn will induct its 500th member this month sometime during the coming year it will conduct its 200th meeting.

A great deal has happened in 25 years, and the PAIC has had a profound effect on the Escambia and Santa Rosa County legal community. Through focus on mentoring, professionalism, and collegiality, the PAIC has influenced a great many attorneys in this community. The PAIC would not be the last Florida Inn either. In fact, in the ensuing 25 years, another 27 Florida Inns have been formed. Today, 40 Inns spread professionalism in the Sunshine state.

Across Florida, the American Inn of Court movement is 40 chapters strong; four of those coming in the last year. The Inn movement has momentum and has been firmly rooted in the Florida practice of law. Thousands of lawyers have enjoyed the unique opportunity that this organizational structure provides, to be both mentor and mentee. Each year brings new experiences, acquaintances and friendships. From the newest to the most seasoned, every Inn member learns something new each year.

Many attorneys have contributed to, and benefitted from, the PAIC in the last quarter-century. As the 25th year begins, the 500th member will join the Inn. There are typically around 80 members of the PAIC each year. The Inn is divided into pupilage groups of eight to ten members, each led by a local judge.

The newest members are referred to as “Junior” members generally with less than five years of practice experience. The Inn also has “Barrister,” members who generally have more than ten years of experience. The “Masters” are the backbone of the PAIC. These members typically have more than 20 years of experience. The typical team is comprised of a judge, two to three masters, two to three barristers, and four to five juniors.

At 80 members per year, over 24 years, one might expect the PAIC to be celebrating its 2000th member. But Inn membership is not a one year commitment. Juniors and barristers are usually members for three years. An attorney might well serve as a junior, and return years later as a barrister or master. Masters and judges may come and go, but there has been a persistent longevity in the PAIC. No PAIC charter members from 1991 remain active today. The last charter member to elect emeritus status was Dennis Larry in 2014. Chief Judge Terry Terrell joined the PAIC in its second year and has served 23 years. Former Chief Judge Kim Skievaski served for 22 years. Other long-time serving members include: 21 Years Joseph Hammons and Dennis Larry 18 Years Steven Baker 17 Years Benjamin Beard, David McGee and

Patricia Wright 16 Years Stephen Echsner and Hon. Casey Rodgers 15 Years Hon. Roger Vinson 14 Years Al Condon, Maureen Duignan, Ronald

Johnson and Keith McIver 13 Years Hon. Miles Davis

12 Years 11 Years

10 Years

Hon. David Langham and Louis Rosenbloum Phillip Bates, Charles Beall, Robert Beasley, Hon. Michael Jones, Richard Scherling and Kerry Ann Schultz Jeremy Branning, Hon. Ross Goodman, Danny Kepner, Hon. Susan Novotny and Adrianna Spain.

These 29 members have devoted 412 years to the PAIC. The PAIC has had thirteen presidents over the last 25 years. Each, save one, was a sitting judge.

1991-1993 Hon. Roger Vinson (Founding President) 1993-1996 Hon. John Kuder 1996-1997 Hon. Susan Novotny 1997-2000 Hon. Kim Skievaski 2000-2002 Hon. Terry Terrell 2002-2004 Hon. Miles Davis 2004-2006 Hon. Michael Jones 2006-2008 Hon. David Langham 2008-2010 Hon. Casey Rodgers 2010-2012 Dennis Larry 2012-2014 Hon. Ross Goodman 2014-2015 Hon. Ross Bilbrey 2015-present Hon. Michael Allen Over the years, the PAIC has had only eight members serve as Secretary/ Treasurer. They were: Roy M. Kinsey (1991-93) Hon. William J. Green (1993-94) Hon. Kim Skievaski (1994-97) Hon. William J. Green (1997-98) Hon. Terry Terrell (1998-00) Dennis Larry (2000-08) David McGee (2008-14) The PAIC has a Counselor, who is responsible for designating the eight teams each year. Over the last quarter century, the PAIC has had eight counselors. They were: H. Edward Moore (1991-93) William Clark (1993-94) Fletcher Fleming (1994-95) Danny Kepner (1995-97) Barry Beroset (1997-99) Louis Rosenbloom (1999-04) Joseph Hammons (2004-08) Ronald Johnson (2008-14).

A quarter century devoted to the education and enhancement of the First Circuit legal community. One hundred ninety-two meetings conducted; including a couple of make-shift meetings held through pure tenacity following the destruction of hurricane Ivan. Stories have been told, experiences shared, insight absorbed, and jokes told. We have learned much about the law and more about ourselves.

The PAIC has been a community, committed to a future in which you would encourage young people to join. It is hoped than when the 50th anniversary comes, the PAIC is still fighting the good fight for civility, professionalism, and expertise. Perhaps this overview will be cited by whoever pens the PAIC 50th article for the Summation in 2040. Let’s just hope it’s not me!

List of Florida Inns of Court 1985 The Chester Bedell Inn (Jacksonville) The Hon. Peter T. Fay Inn (Miami) The J. Clifford Cheatwood Inn (Tampa) The Craig S. Barnard Inn (Palm Beach) 1988 The Barney Masterson Inn (St. Petersburg) 1989 The William H. Stafford Inn (Tallahassee) The James C. Adkins Jr. (Gainesville) The Willson Inn (The Polk County Inn, Lakeland) 1990 The George C. Young Inn (Orlando) The Spellman Hoeveler Inn (Dade) The C. H. Ferguson - M. E. White Inn (Tampa) 1991 The Judge John M. Scheb Inn (Sarasota) The Pensacola American Inn of Court Stephen R. Booher Inn (Ft. Lauderdale) 1992 The Vassar B. Inn (Melbourne) The St Andrews Bay Inn (Panama City) The First Family Law Inn (Miami) The Volie A. Williams Inn (Deland) The Tampa Bay Inn The Canakaris Inn (St. Petersburg) 1995 The Calusa Inn (Ft. Myers) The Thomas S. Biggs Inn (Naples) The Dunn Blount Inn (Daytona) The Family Law Inn of Tampa The D. R. Smith Inn (Ocala) Late 90’s The Florida Family Law Inn (Jacksonville) The Citrus-Hernando Inn (Citrus) The Herbert G. Goldburg-Ronald K. Cacciatore Criminal Law Inn (Tampa) The Justice Major B. Harding Inn (Stuart) The Bruce R. Jacob Criminal Appellate Inn (Second DCA) 2007 The E. Robert Williams Inn (Jacksonville) 2008 The Robert M. Foster Inn (Nassau County) The First District Appellate Inn (Tallahassee) The Rosemary Barkett Appellate Inn (Miami) 2011 The Gerald T. Bennett Cooperative Learning Inn (Gainesville) The Susan Greenberg Family Law Inn (Palm Beach) 2014 The William Reece Smith, Jr. Litigation Inn (Tampa) The Thomas E. Penick, Jr. Elder Law Inn (Gulfport, Pinellas County) The Judge William Wieland American Inn of Court (Orlando) The Manatee American Inn of Court (Bradenton)

September 2015 www.esrba.com The Summation 15

FLORIDA’S SUNSHINE LAWS

By TRACEY PARKER Florida Statute §286.011, commonly known as the Sunshine Law, was created to safeguard public access to local and state government proceedings. There are three basic requirements to the law: 1) meetings of public boards or commissions must be open to the public; 2) reasonable notice of the meetings must be given; and 3) minutes of the meetings must be taken and promptly recorded. It applies to gatherings of two or more members (or members-elect), both appointed and elected, of the same board or commission pertaining to any matter which will foreseeably come before that board or commission for action.

While these requirements seem simple, it imposes on public officials a standard to which they must be daily conscious. In practice, the Sunshine Law prohibits private telephone conversations, emails, text messages, or other written correspondence between any two board members regarding foreseeable issues. Members are permitted to socialize, but must not speak of any topic that could foreseeably come before them.

Any board member who knowingly violates the Sunshine Law is guilty of a misdemeanor. A member in violation can also be removed from office, fined, assessed attorney’s fees, or subject to a civil action for injunction relief. Further, any official

16 The Summation www.esrba.com September 2015

action deemed to have been performed outside of the Sunshine Law is void unless the action is subsequently taken or made at an open meeting. However, those remain the only remedies available against a violation at present. Money damages are not a remedy provided for by the Sunshine Law. The Sunshine Law has been interpreted to include a prohibition on communicating via posts to the city’s Facebook page, but may not apply to one board member emailing another a report on a matter as long as no comments are exchanged or any other further interaction, and the report is maintained as a public record. State agencies are permitted to conduct public meetings via electronic mediums, but local agencies are not. The Government in the Sunshine Manual, available at the website of the Attorney General’s Office and updated through the 2014 legislative session, runs over 340 pages. The Manual includes multiple pages of case cites and interpretations. The Sunshine Law cannot be fully discussed in an abbreviated forum. The burden falls on the individual officials to educate themselves and comply, and the general public to hold them to the high standard Florida imposes.

This article is a reprinted from the Spring 2015 edition of the ParaLegal News.

WALL OF HONOR The Escambia/Santa Rosa Bar Foundation, Inc. has created and established a memorial wall for the purpose of honoring and commemorating deceased attorneys and judges of the First Judicial Circuit. The “Wall of Honor” is located on the first floor of the M.C. Blanchard Judicial Building, Pensacola, Florida.

Eligible individuals are limited to deceased attorneys and judges of the State of Florida’s First Judicial Circuit who are in good standing with The Florida Bar at the time of resignation from The Florida Bar, at the time of death, and at the time of placement and installation of their name on the “Wall of Honor.” Currently there are 15 individuals memorialized.

Listed by date of death, they are:

William A. Blount (October 25, 1851 – June 15, 1921) J. Nixon Daniel, Jr. (March 22, 1927 – May 7, 1975) Bert Lane (March 29, 1917 – October 7, 1981) Joe Jackson Harrell (August 14, 1919 – July 22, 1987) M.C. Blanchard (April 17, 1923 – January 2, 1989) Lefferts L. Mabie, Jr. (May 5, 1925 – March 20, 1996) D.L. Middlebrooks (June 27, 1926 – March 26, 1997) E. Dixie Beggs (April 3, 1908 – February 20, 2001) David H. Levin (November 19, 1928 – January 7, 2002) J. Lofton Westmoreland (April 13, 1946 – September 30, 2004) William S. Meador (April 24, 1974 – January 24, 2005) Stanley B. Levin (November 18, 1938 – April 10, 2009) Paul L. Cummings (March 21, 1930 – December 9, 2010) Alphonse G. Condon, Jr. (September 24, 1934 – June 2, 2011) Alan C. Sheppard (August 5, 1921 – February 9, 2014)

For more information, or to place a name on the Wall of Honor, contact Mike Doubek at 850-434-8135 or mike@esrba.com.

September 2015 www.esrba.com The Summation 17

DOWNTOWN FLOWER BED PROJECT

By Peter Mougey

Please join me in thanking the law firms who agreed to beautify our downtown by adopting almost 30 flower beds. Through the financial contributions from these firms, the extremely cool fence designed by Fluid Metal Works, and the flowers and grasses selected by Executive Landscaping our downtown looks even better. Fluid Metal Works and Executive Landscaping donated their creative talents and product for cost and the following law firms contributed nearly $75,000 towards the project. Through the partnership, this project contributed almost $150,000 of improvements to downtown. Importantly, on an ongoing basis the flower beds will be replanted several times a year to bring new and seasonal color. Without the very generous donations this project would not have been possible. The initial law firms who made this project possible carried the start-up costs like the fencing and prep work. In the future, however, we will only need to continue the seasonal plantings at a drastically reduced cost. If you or your firm would like to contribute to the project in 2016, please contact me at pmougey@levinlaw.com or give me a call at 435-7068.

Firm Aylstock, Witkin, Kreis & Overholtz Beggs & Lane Clark, Partington, Hart, Larry, Bond & Stackhouse Law Office of J.J. Talbott Peter Mougey - Levin, Papantonio Zarzaur Law Moore, Hill & Westmoreland, PA Arthur Shimek Autumn Beck / Stevenson Klotz (co-sponsored 1 bed) Hightower Law Firm David Lee Sellers Michles & Booth, PA Ward & Barnes, PA Kerrigan, Estess, Rankin, McLeod & Thompson, LLP

David Lee Sellers 18 The Summation www.esrba.com September 2015

# of Beds Sponsored 3/$7500 3/$7500 3/$7500 3/$7500 3/$7500 3/$7500 2/$5000 1/$2500 1/$2500 1/$2500 1/$2500 1/$2500 1/$2500 Donation

Hightower Law Firm

The Escambia-Santa Rosa Bar Association would like to express gratitude to Peter Mougey for making this community improvement project a reality. Not only did he conceive the idea, he arranged for the beds to be built and installed, the landscaping to be planted, and all the donors who graciously provided financial support. Thank you, Peter!

September 2015 www.esrba.com The Summation 19

Photos

Installation Banquet

Judge Gary Bergosh presents a challenge coin to First Judicial Circuit Pro Bono Award recipient, Kenneth Brooks

Chief Judge Linda Nobles presents the Chief Judge’s Award to Connie Bookman

The 2015-2016 ESRBA Executive Council

20 The Summation www.esrba.com September 2015

Adam White presents the YLD William Meador Award to Andrea Lyons

Shari Thieman Greene presents the ESRBA Community Service Award to Leslie Powell

Chief Judge Linda Nobles passes the gavel to incoming ESRBA President Matthew Hoffman

Judge Coleman Lee Robinson Investiture

Escambia Clerk of Court and Comptroller Pam Childers reads the commission to Judge Robinson

Chief Judge Linda Nobles administers the oath of office to Judge Robinson

Escambia-Santa Rosa Bar Association Vice President Tiffany Sullivan presents a robe to Judge Robinson

Judge Robinson takes the bench

September 2015 www.esrba.com The Summation 21

News From the Clerk

PROBATE PROCEDURES

By Pam Childers

The Escambia County Clerk of Court was fortunate to have Mrs. Carolyn Roberts as the director of the Probate division for many years. She was extremely knowledgeable, always professional, and ready to assist everyone who contacted her.

It was during her tenure that the famous “Probate checklists” were created. These checklists aided many attorneys and their staff over the years as they navigated the procedures of probating an estate and processing a guardianship. This year, the Clerk ended the practice of creating and maintaining these checklists in probate and guardianship cases. To some in the legal field, this has been an unwelcomed change; for others, this change is a non-issue. There are several reasons for this alteration in our procedures.

As all in the legal community are aware, court records have become electronic. As the Clerk continues the process of moving towards a completely electronic system of record keeping and processing of filings between the Clerk and the judiciary, we have considered each and every procedure in order to envision how that procedure will manifest in the electronic world. Historically, the checklists in probate and guardianship cases have been completed as necessary and stapled to the left, inside of the court file. The paper file was then forwarded to the presiding judge for review of the file and any new pleadings and proposed orders. In the electronic file, there is no “left, inside” of a file on which to staple a checklist and there is no paper file to send to the judge for review. Additionally, in the Clerk’s case maintenance software, a checklist cannot be routinely reviewed, updated or used as a place for notes between Clerk personnel and the judiciary.

We contacted other clerks in the panhandle and elsewhere in the state to inquire as to whether the clerks kept checklists in probate and guardianship cases and, if so, how they intended to continue that practice in electronic court records.

All of the clerks’ offices we contacted indicated that they did not maintain checklists for attorneys and the judiciary. We learned that while checklists are used in many counties and circuits, the checklists are created by the legal community or judiciary, and the attorneys and judiciary review and complete the checklists for their cases, not the clerks.

While some attorneys and their staff appreciated and perhaps relied upon the Clerk to notify them of upcoming deadlines and past due filings and to otherwise monitor the case, other attorneys and their staff expressed concern that the Clerk’s office was inappropriately injecting itself into the management of their cases. Comparisons were made to civil and criminal litigation where attorneys and their staff 22 The Summation www.esrba.com September 2015

must calendar deadlines, respond timely to discovery, and provide proposed orders only when appropriate. These concerns were heard by the Clerk.

The local legal community and the judiciary are in the process of creating new checklists and procedures. Until this work is complete, there are other resources available.

First, our office will share the old checklist forms with attorneys upon request. We do not guarantee the accuracy of the checklists as we stopped maintaining and updating the checklists last winter. Second, there are checklists that are available to the public from other circuits, including the Eight Judicial Circuit’s website at: http://circuit8.org/ forms-checklists. The checklists can be used as templates for creation of an attorney’s own checklists for internal use in their offices.

It is helpful for the judiciary and their assistants when attorneys provide completed checklists or cover letters with their filings and proposed orders, outlining the prerequisites for the judicial action and explaining how each prerequisite has been met. Proposed orders being presented to the court without the required filings and steps being taken first only creates delay.

There was a time when the Clerk’s office had over 175 full time personnel working on the courtside. Now the Clerk’s office has approximately 130 full-time, courtside employees.

Additionally, the clerks’s offices across the state have incurred a 5% budget cut for the last quarter of fiscal year 2015 and are faced with more cuts for the 2016 fiscal year. We have vacancies that have gone unfilled and we have strived “to work more with less.” These constraints have forced us to review procedures to determine what is legally required of the Clerk versus what is a customer service that we have provided, but cannot continue to provide. The Clerk is not required by any rule or statute to manage probate and guardianship cases through the use of checklists, and many attorneys have asserted that this management is their responsibility.

For all of these reasons, the Clerk has ceased creating and maintaining checklists in the probate and guardianship cases.

We appreciate the understanding and cooperation of the legal community and judiciary during the transition to new procedures. The Clerk’s Probate division is here to assist and can be reached at (850) 595-4300.

Submitted by Susan A. Woolf on behalf of Pam Childers, Escambia County Clerk of Circuit Court & Comptroller

Classifieds If you would like to place a classified ad in the next edition of The Summation, please call (850) 433-1166 ext. 29 or send an email to dawn@ballingerpublishing.com.

Calendar September 17 September Bar Meeting Speaker: T.A. Shell Portabello Market Noon – 1:00 p.m.

October 2 Mediation Recertification Training Course “B” Multi-media Room, M.C. Blanchard Judicial Building 8:00 a.m. – 4:00 p.m.

October 15 October Bar Meeting Speaker: Clay Ingram Portabello Market Noon – 1:00 p.m.

October 23 Autism Diversity Training (Free) Jury Assembly Room, M.C. Blanchard Judicial Building 9:00 a.m. – 1:00 p.m.

Pensacola Legal Support Specialists Association’s successful campaign to “Cram the Van”

November 11 Veterans Day Bar Office Closed November 19 November Bar Meeting Program TBD Portabello Market Noon – 1:00 p.m.

November 26 & 27 Thanksgiving Holiday Bar Office Closed December 10 Holiday Reception Gulf Coast Community Bank 5:30 – 7:30 p.m.

September 2015 www.esrba.com The Summation 23

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