Res Gestae - March 2015

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

MARCH 2015

COMPASSION AND TOUGH LOVE

Mental Health Court and the hard work of getting better

Daubert in family law cases

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Contents

22

AD DIRECTORY

26 On The Cover: Judge H. Andrew Swett presides over Lee County Mental Health Court, which has achieved tremendous results by partnering with offenders and a multidisciplinary team of dedicated professionals.

Cover Photo: Connie Ramos-Williams

34

feature 22 Compassion and Tough Love

Mental Health Court and the hard work of getting better

by Sara Fitzpatrick Comito

30

departments 6

Letter from the President

25

Letter from the Editor

26 Community Connection

by Anne Dalton, Esq.

8

by Beverly Grady, Esq.

10

Calendar of Events

12

Law Week Events

14

Ethically Speaking

Firm Divorces and Rule 4-5.8

by Henry Lee Paul, Esq.

16

Family Law Matters

by Dustin Michael Butler, Esq. LCBA Family Law Practice Section

18

Art Happenings

Daubert and Family Law Cases

by Lydia Black

21

New Members

4

RES GESTAE | March 2015

Real Estate

Where to buy, sell or lease

The Talkin’ Monkeys Project

by Sara Fitzpatrick Comito

30 The Dish

The Gathering Place

31

100 Club

34 Legal Lens

Social scene photos

38 From the Bar

Joseph J. Bernardo, Esq.

36 From the Bar

41

Joseph Cerino, Esq

Legal Briefs

News and happenings

21st Century C.A.R.E 19 Allied Business Solutions 29 Ave Maria School of Law 40 Barbara Pizzolato 36 Berke Law 25 Boyle, Gentile & Leonard, P.A. 17 Boyle, Gentile & Leonard, P.A. 36 Buchanan Ingersoll & Rooney PC 15 Burkett Law 27 Buschbom Mediation 35 Business Observer 13 Calvo &Calvo Attorneys at Law 15 CONRIC PR & Marketing | Publishing 37 Denise Kennedy 29 Derfel Injury Law 20 Dial A Nurse Inc. 15 Donna Tisch 21 Edison National Bank BC Estero Country Club 33 Fort Myers Court Reporting 27 Freidin, Dobrinsky, Brown & Rosenblum P.A. 7 Garvin Law Firm 13 Goldberg, Racila, D’Alessandro & Noone, LLC 11 Hahn Loeser & Parks, LLP 11 Henderson, Franklin, Starnes & Holt, P.A. 9 Hotel Indigo 33 Ivy Group Consultants, Inc. IFC Jason L. Gunter, P.A. 21 Joe Viacava Law 27 Joel H. Brown 29 Jurisco, Inc 36 Kempton P. Logan 17 Kremenchuker Law Firm 20 Kuhn Law Firm 9 Kushner & Kushner Attorneys 42 Law Firm of Scott T. Moorey 25 Law Office of Kevin Jursinski & Associates 39 Legal Aid 31 Leonard P. Reina 42 Leslea Ellis, LLC 19 Levins & Associates, LLC 13 Livingston Loeffler, P.A. 11 McHale Properties 25 Merit Court Reporting, Inc. © 35 Musca Law Office, Inc. 3 Over2Social 41 Pay Junction IBC Patterson Eskin & Ball 25 Premier Executive Center 25 Spivey Law Firm, P.A. 5 T 3 Communications 17 Veranda Restaurant 31 Veritext Court Reporting 20 Von Ahn & Associates 38

Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents

Note from the President More Value for Your Dues ~ Free Sign-ups for All Practice Sections Recently, a Bar member lamented that only one practice section “fits” his practice. Not true! A quick review of our Practice Section brown bags reveals that every practice section has something to offer each Lee County practitioner. Each is free to join. After you join, you will receive email reminders about all events for that section.

Mary Briedé and Carlos Kelly have planned a General Civil and Business Litigation Practice Section presentation for May 13 on the subject of “Ethics and eDiscovery.” A general overview of the ethics of handling metadata, this CLE presentation includes issues of preservation, inadvertent disclosure, and ethical handling of different types of data. These issues are of critical importance to all transactional as well as all litigating attorneys. Even better, it’s being held at Investor’s Security Trust in Fort Myers and includes lunch! On November 11, that same section will be presenting Ethics in Depositions: Preparing your Expert for Deposition.

The ADR Practice Section is presenting a live CLE on April 10 on the subject of the Ethics of MED-ARB (mediation and arbitration conducted by the same ADR professional), a session of importance to all litigators.

The Real Property, Probate and Trust Section will provide a Professionalism and Ethics CLE on “Pitfalls in a Probate Dispute” in December, 2015. It’s good to know some basic facts about such pitfalls, or you may be entangled in your own family’s probate problems.

We all need to think of our futures, and those of our loved ones. Lance McKinney’s presentation on February 27 to the Real Property, Probate and Trust Section addressed issues of estate planning in anticipation of spousal Medicaid.

Something we all need to know.

Keith Upson of the Criminal Practice Section recently facilitated a presentation

by Elba Caridad Martin-Schomaker, AAG, on Preservation of Error and Perfecting the Record in Criminal court. Margaret White-Small and Stacy Sherman (congratulations on the baby, Stacy and Tracy!) facilitated a session on When Does “Final” Mean “Final” in Appellate Court, a fascinating look at the appealability of “intermediate” orders. Dustin Butler and Ryan O’Halloran of the Family Section are planning a CLE on Gay Marriage for later this year.

There is no cost to sign up for any and all of the practice sections. If you do sign up, you will get timely email notices of any practice section event. In other words, there is no risk!

LEE COUNTY BAR ASSOCIATION Administrative Team Executive Director Sharon Brotherton

Executive Assistant, Lawyer Referral & Pro Bono Coordinator Lisa Poulin

Executive Council President - Anne Dalton, Esq. Vice-President - Scott Atwood, Esq. Secretary - Kelly Fayer, Esq. Treasurer - Daniel Endrizal, Esq. Member-at-Large - Beverly Grady, Esq. Member-at-Large - Aaron Haak, Esq. Past President - John D. Agnew, Esq. YLD President - Kimberly Bocelli, Esq.

Committees History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq.

Law Related Education T. Rankin Terry, Esq.

Law Week Hon. John S. Carlin

Mock Trial Mary C. Evans, Esq. & Karla Campos-Andersen, Esq.

Pro Bono Audrey M. Singleton, Esq. & Aaron Cilek, Esq.

Membership Janette Smith, Esq.

Social Events Amanda Mitteer-Bartley, Esq.

Practice Section Chairs Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq.

Appellate Law Margaret White-Small, Esq. & Stacy Sherman, Esq

Criminal Law Keith Upson, Esq.

Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Matthew Linde, Esq.

General Civil & Business Litigation

Mary Ellen Briedé, Esq. & Carlos Kelly, Esq.

Tort Litigation Preston John (PJ) Scheiner, Esq.

Family Law Dustin Butler, Esq. & Ryan O’Halloran, Esq.

Anne Dalton, Esq. adalton@daltonlegal.com | (239) 337-7900 6

RES GESTAE | March 2015

Land Use & Governmental Law Russell Schropp, Esq.

Personal Injury Medical Malpractice Wrongful Death Family Law

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7

Letter from the Editor WHAT’S IN A NAME? While taking a course on public speaking in college, I researched the topic of “names” – how, where, and why names are selected or created or evolve. In a recent Executive Council meeting, there was a brief discussion about the name Res Gestae. Here are a few responses to a brief, totally unscientific, survey that asked, “What does it mean?”

• When I first joined the LCBA many years ago, I looked up the term and it made sense, but today could not tell you • Sounds like a Latin term dealing with pregnancy • The thing has been born. (I’m sure my Latin teacher is turning in her grave.)

• Embodies the basis for taking legal action • I’m unclear on how to pronounce it (let alone define it) • Exception to the hearsay rule, used by the courts to admit otherwise inadmissible hearsay – where a statement was uttered contemporaneously • A term defining the overall start and sequence of events to the end A more direct translation from the Latin is “things done” or “things transacted.”

“Things done” really speaks to our membership, as our magazine is about and for members of the LCBA. Our members are all involved in so many creative and socially conscious areas, and Res Gestae chronicles their actions, along with future and ongoing activities. There are pertinent articles on the law and information about our members, along with activities happening in Lee County that are of interest to our members. There is information on charities that serve our region and delicious restaurants unknown to many of us. Our members are active with challenging and interesting lives.

This month’s cover feature focuses on the mental health court diversion program, which is of value to our clients and community members. There is an informative family law article on the Daubert standard for expert testimony by Dustin Butler. At the request of the Hendry Glades Bar Association’s president, Toni Peck, Anne Dalton accompanied the editorial team on a special visit to the Talkin’ Monkeys Primate Rescue, where an incredible amount of good work is being done.

Speaking of good work, we are pleased to announce that our Young Lawyers Division received the President’s Grant Award at the YLD Affiliate Outreach Conference! See page 32 for all the details on this wonderful achievement.

Yes, our members get “things done”. Please enjoy reading about the law and your colleagues in this issue of Res Gestae.

Beverly Grady, Esq. bgrady@ralaw.com | (239) 338-4207 8

RES GESTAE | March 2015

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

239.334.0047 resgestae@leebar.org

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EDITOR-IN-CHEIF Beverly Grady, Esq. ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Anne Dalton, Esq. Beverly Grady, Esq. Henry Lee Paul, Esq. Dustin Michael Butler, Esq. Lydia Black Hon. John S. Carlin Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

7370 College Parkway, Suite 206 Fort Myers, FL 33907 239.690.9840 | ConricPR.com | info@ConricPR.com Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors.

Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing.

Copyright© 2015. Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association.

To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.

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Calendar of Events MARCH 2015 – Some dates for 2015 Section Meetings have not been confirmed- Check our website for details!

LAW WEEK ACTIVITIES – August 21, 2015 See complete list on page 12 CLE: Land Use & Govt. Law

March 7

April 25

6 – 10 p.m. at Cristof’s on McGregor, 10231 McGregor Blvd, Fort Myers. $75 per person. RSVP with Lisa Poulin, admin@leebar.org or (239) 334-0047.

10:00 a.m. – 2:00 p.m., Edison Mall; Ryan O’Halloran, Event Chair. Contact Ryan@ohalloranfamilylaw.com to volunteer.

Annual Bench Bar Dinner

Law in the Mall

March 11

General Civil & Business Litigation Practice Section Meeting

Noon – 1pm, Lee County Justice Center, 1700 Monroe St. Courtroom 4-H. “What is the Meaning of Ethics?”

Presenter: Professor Kevin Govern, Ave Maria School of Law. Lunch: Henderson, Franklin, Starnes & Holt, P.A.

March 19

After-Hours Social

5:30 – 7:30p, Twisted Vine Bistro, Amanda Bartley, Social Committee Chair

March 25

Lee County Bar Association Executive Council Meeting 5:30 – 6:30 p.m., Conference Room, Henderson Franklin Starnes & Holt, PA See website for details.

April 10

LCBA Membership Meeting Noon – 1 p.m., Location TBA, Fort Myers: Lunch without CLE: $15 members, $25 non-members

April 22

LCBA Executive Council Meeting

5:15 – 6:15 p.m., Conference Room, Henderson Franklin Starnes & Holt, PA

Panel: County Attorney Richard Wesch; Honorable Donna Marie Collins, Chief Lee County Hearing Examiner, and Attorney/Executive Council Member Bev Grady 11 am – 11:50 am at Sidney and Berne Davis Art Center

September 18, 2015 CLE Luncheons April 10, 2015

CLE: Alternative Dispute Resolution (ADR)

Practice Section Moderators: Chair Anne Dalton & Co-chair Bill Merchant.

Panel: Honorable Judges Laboda, McHugh & Keith Kyle, Arbitrators/ Mediators Anne Dalton and Bill Merchant 11 am – 11:50 am at Sidney and Berne Davis Art Center

April 30, 2015

Additional Free CLE Opportunity at the Justice Center!

April 2 CLE: Appellate Practice Investiture of the Honorable Section Moderators: Chair Margaret White-Small & CoRobert J. Branning 3 pm, Historic Lee County Courthouse, chair Stacy Sherman Commission Meeting Room

Practice Section Moderator: Chair Russell Schropp

Panel: Second District Court Judges: “Practice Pointers from the Judges’ Perspective”. Panel: Honorable Judge Casanueva and additional Appellate Judicial Panel members; 2 pm – 4 pm

May 1, 2015

CLE: Judicial Ethics Panel: Moderated by Judge Margaret Steinbeck Judicial Panel to be announced 11 am – 11:50 am at Sidney and Berne Davis Art Center

CLE: Appellate Law Practice Section Chair Margaret White-Small & Co-chair Stacy Sherman Appellate Judicial Panel to be announced. 11 am – 11:50 am at Sidney and Berne Davis Art Center

October 16, 2015

CLE: Tort Law Practice Section Chair PJ Scheiner & Criminal Law Practice Section Chair Keith Upson Panel: Judge Gagliardi and Manalich; Attorneys Ken Oliver and Doug Molloy 11 am – 11:50 am at Sidney and Berne Davis Art Center

November 7, 2015

Buckingham BAR-B-Q Ethics Rodeo CLE: Family Law Practice Section Chair Ryan O’Halloran & Co-chair Dustin Butler Panel: Judge Corbin, Magistrate Carolyn Swift and additional panel members 11 am – 11:50 am at “The Smoot Property,” 6250 Jackson Road, Fort Myers, FL 33905

December 18, 2015

Two-for-One CLE Special at the Sidney and Berne Davis Art Center!

See website for details.

Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events.

Would You Like to Submit an Event? Email your event submission to resgestae@leebar.org

10

RES GESTAE | March 2015

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11

2015 LAW WEEK - CALENDAR OF EVENTS

by JUDGE JOHN S. CARLIN Chairperson, Law Week

Law Week will be celebrated in Lee County from April 25, 2015 through May 1, 2015.

This year’s events include the following activities: Saturday, April 25 - Law in the Mall Law in the Mall will be at the Edison Mall on Saturday, April 25, 2015 from 10:00 a.m. to 2:00 p.m.

This event is being coordinated by Attorney Ryan O’Halloran.

Contact Ryan at (239) 334-7212 or ryan@ohalloranfamilylaw.com.

Monday, April 27 - Law Week Blood Drive 8:00 a.m. until 2:00 p.m.

Lee Memorial “Bloodmobile” will be parked at the SE corner of Monroe St. and Dr. Martin Luther King, Jr. Blvd.

Contact Attorney Luis Rivera for more information: (344-1323) or email: luis.rivera@henlaw.com.

Thursday, April 30 - Ethical Practice Pointers from the Judges’ Perspective The Second District Court Judges will present a 2-Hour CLE presentation from 2:00pm – 4:00pm.

This is a FREE program for all attendees. Please register with Lisa Poulin (239) 334-0047 or admin@leebar.org.

Thursday, April 30 - The Bar and Judiciary Appreciation The Lee County Association of Women Lawyers President, Theresa Daniels, is coordinating The Bar and Judiciary Appreciation reception set for 5:00 p.m. to 7:00 p.m. at a location TBD. Heavy hors d’oeuvres and cash bar ($20 per person). This event will honor the Judiciary of the Twentieth Circuit and the Middle District of Florida. RSVP to Diane D. Jezik, Treasurer: ddj@blslawyers.com

Thursday, April 30 - Students’ Q & A with Second District Court Judges Attorney Jaime Maurer (239) 314-2289 or jmaurer@fordharrison.com

Thursday, April 30 - DCA Oral Arguments Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida, Courtroom TBD

Friday, May 1 - Law Week Awards Luncheon at Sidney and Berne Davis Art Center The luncheon will honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff’s Department. Also, the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a very deserving member of our community. RSVP & pay online at www.leebar.org or call (239) 334-0047.

I would like to personally thank all of the attorneys who are volunteering their time to ensure another successful Law Week in Lee County. If there are any activities that you would like to participate in, please contact any of the committee members for assistance.

Thank you.

12

RES GESTAE | March 2015

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13

Ethically Speaking

Firm Divorces and Rule 4-5.8

by Henry Lee Paul

C

ommon sense is often the first casualty when a lawyer changes law firms. It is surprising how often departing lawyers and lawyers of the existing firm ignore the basic guidelines for conduct stated in rule 4-5.8. It is not unusual for involved lawyers to act in a manner that is more commonly expected from parties in a divorce.

The rule is based on some general concepts: interests of clients should be given primary consideration by the lawyers, files generally belong to the existing firm (subject to election of the client for other representation upon which work product protections and lien provisions remain applicable) and lawyers owe a duty of loyalty to their employer.

A lawyer contemplating leaving a law firm should review the rule 4-5.8 and the Practicing Resource Institute resources on The Florida Bar website. These resources include helpful forms, checklists, and articles. The Ethics Hotline is also available to consult regarding guidance for future conduct. It is also advisable to seek advice of qualified counsel.

14

RES GESTAE | March 2015

The comment to the rule provides instruction. The involved lawyers should act in good faith to cooperate in the best interests of clients. They should fully and accurately inform clients of options for representation along with disclosing any relevant information and risks. Such disclosure includes any potential obligation for fees in relation to the choice of representation - an issue that is often of significance in a contingency matter.

This obligation applies equally to the departing lawyer and the existing firm.

The anecdotal evidence indicates that clients usually choose to stay with counsel with whom they have had the most contact. In light of this fact, there is often little to be gained by the departing lawyer in failing to comply with the rule. Some of the most egregious violations have involved departing lawyers who misuse or misappropriate firm resources while secretly planning a departure. Not only can such conduct result in serious discipline, it does not usually alter the decision of the client.

The existing firm is best served by acting in a professional manner to accurately inform the client of relevant information and to act in their best interest. The case law clearly states that although the firm may own the file, it does not own the client.

Furthermore, failure to act in the best interests of the client is unlikely to alter the decision of representation.

The obligations of the rule apply equally to partners and associates. Procedures may be stated in the initial representation agreement or otherwise agreed to in advance of departure, however nothing may be agreed to in violation of public policy.

The best practice for all involved lawyers is to fully cooperate regarding a planned departure. Failure to do so will do little to change a decision by a client regarding choice of representation.

Lack of cooperation may not only impugn the reputation of the involved lawyers, cause harm to the client and the perception of the legal system, it may result in serious discipline. RG Henry Lee Paul is former Bar Counsel who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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Family Law Matters

Daubert and Family Law Cases

by Dustin Michael Butler

In July of 2013 Florida switched its standard on the admission of expert testimony from the Frye standard to the Daubert standard. Daubert has been the standard at the Federal level and in many other states since 1993 when the United States Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993). Under the Frye standard, experts were able to testify to their opinion as applied to the individual facts of a case based on their experience and qualifications. For example, a psychologist could give his or her opinion in a time-sharing dispute as to an appropriate time sharing schedule. See United States Sugar Corporation v. G.J. Henson, 823 So.2d 104, 110 (Fla. 2002). In U.S. Sugar, the Supreme Court of Florida explains that “[c]ertainly the opinion of the testifying expert need not be generally accepted as well. Otherwise, the utility of expert testimony would be entirely erased, and “opinion” testimony would not be opinion at all—it would simply be the recitation of recognized scientific principles to the fact finder.” United States Sugar Corporation v. G.J. Henson, 823 So.2d 104, 110 (Fla. 2002).

Daubert removes the pure opinion component of expert testimony. Giaimo v. Florida Autosport, Inc., 2014 WL 6679290 (1st DCA 2014) (unpublished opinion). Giaimo specifically states “[t]he Legislature’s adoption of the Daubert standard reflected its intent to prohibit ‘pure opinion’ testimony, as provided in Marsh.” Giaimo, 2014 WL 6679290 (1st DCA 2014) (unpublished opinion). Daubert utilizes a three pronged test: 1) Is this opinion based on sufficient facts or data? 2) Is this opinion the product of reliable methods and principles? 3) Were the principles and methods reliably applied to the facts in the instant case? Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993).

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RES GESTAE | March 2015

Given the recent change in standard, there are not many appellate level cases addressing this issue and I was not able to locate any family law related cases. However, the question as to how this change in the standard for admitting expert testimony will affect family law cases remains unanswered. For our colleagues in criminal and personal injury practice areas it would seem the transition will be smoother than for those of us who practice family law. For example and for obvious reasons, there are often scientific methods that are accepted within the field of medicine to diagnose medical injuries. These practice areas also benefit from a plethora of Federal case law. On the other hand, in family law it seems more difficult for an expert to form a study to confirm the reliability for child time-sharing issues for example, while it may be a generally accepted principle that fathers are vital to the development of their daughters one can only imagine the ethical dilemmas in fashioning a scientifically accepted methodology for confirming the expert’s now prohibited “pure opinion” testimony.

Obviously family practitioners, experts, and the Courts will learn how to navigate this recent legislative change.

Whether the change from Frye to Daubert is good for Florida family law cases remains to be seen. The change from Frye to Daubert will certainly impact how evidence is presented by all practitioners, and for better or for worse, the change may result in the decreased utilization of certain experts within family law cases. RG

Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law. He graduated cum laude from the University of Florida College of Law and is currently a co-chair of the Lee County Bar’s Family Law Section. He is the immediate past president of the Cape Coral Bar Association.

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17

Art Happenings

If not, consider getting creative to boost your health. Studies have long shown the positive benefits of artistic engagement on young people and their developing minds and sense of self. But, a “daily serving of the arts” isn’t only important for our children, it’s also part of a well-balanced lifestyle rooted in lifelong learning. While most research has focused on the beneficial effects of arts education on youth, recent studies confirm similar benefits to our aging community. Individuals who actively engage in the arts exhibit improved mental and physical health and a higher quality of life than those who don’t. Arts engagement provides a deep sense of accomplishment and enjoyment. Artists of all ages receiving their “daily serving of the arts” typically see improvements in alertness, verbalization and socialization skills. They also experience a lessening of anxiety, passivity and agitation. So whatever your age, be sure to engage in the arts…for your own health and wellness.

Here are some of the places in Southwest Florida that offer art classes for all ages.

Alliance for the Arts artinlee.org/learn Art League of Fort Myers artleagueoffortmyers.org Big Arts bigarts.org Cape Coral Art League capecoralartleague.org Cape Coral Arts Studio capecoral.net Centers for the Arts of Bonita Springs artcenterbonita.org Cultural Park Theater culturalparktheater.com Florida Repertory Theatre floridarepeducation.org Fort Myers Beach Art Association fortmyersbeachart.com Laboratory Theater of Florida laboratorytheaterflorida.com Naples Art Association naplesart.org

Now in its 40th year, the Alliance for the Arts CONNECTS ART, CULTURE & COMMUNITY from a 10-acre Fort Myers campus with gallery exhibitions, concerts, festivals, art classes, and a wide variety of other art & culture programs. The Alliance is an artistic gathering place, a cultural community center where people connect to the arts. Visit ArtInLee.org to learn more.

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COMPASSION AND TOUGH LOVE Mental Health Court and the hard work of getting better

by Sara Fitzpatrick Comito

J

udge Andrew Swett is a reluctant photographic subject.

He also doesn’t talk about himself much, especially as it relates to Lee County Mental Health Court. “This court is not about me,” he insists. Talk to enough criminal defense attorneys, and you’ll appreciate his reflexive vehemence in this regard. “Judge Swett’s Mental Health Court” is what they call it.

It’s easy enough to understand the association; he has been its most visible face since arriving on the county bench four years ago. But that wasn’t necessarily by his own design. As “the new guy,” he said, he wasn’t entirely versed in the concept and didn’t exactly volunteer. Rather, “I was ‘volun-told.’” Now, as he told this magazine on another occasion, “It has really affected me.

I’ve totally drunk the Kool-Aid.”

JUSTICE FOR MOST Lee County Probation Officer Belinda Smith has been involved with this voluntary alternative to the traditional court

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RES GESTAE | March 2015

system since its local inception in 2002, when Judge Starnes presided. A fact-finding mission to Broward County, which developed the first recognized mental health court in the nation in 1997, solidified the resolve of Smith and other court officials to work toward finding a way to decriminalize mental illness while protecting public safety. A series of suicides at Broward’s county jail and other troubling incidents involving mentally ill offenders precipitated the coalescence of government officials, mental health advocates and treatment providers, and representatives from law enforcement to study strategies for addressing the underlying causes of this population’s offenses.

Miami-Dade was another stop on the Twentieth’s benchmarking tour, as it was also realizing the one-sizefits-all approach to justice was in fact doing a disservice to both mentally ill defendants and public safety interests. The Eleventh Judicial Circuit reports its “County jail now serves as the largest psychiatric facility in the State of Florida.” That region is fertile proving ground for partnerships between the

courts and community-based treatment and support services.

According to its website, “Miami-Dade County is home to the largest percentage of people with serious mental illnesses (SMI; e.g., schizophrenia, bipolar disorder, major depression) of any urban community in the United States. Roughly 9.1% of the population (more than 210,000 individuals) experience SMI, yet fewer than 13% of these individuals receive care in the public mental health system.”

BEYOND BARS As in Miami-Dade, law enforcement officers in Lee County often represent the first line of intervention for sufferers of untreated mental illness who are in crisis or acting out because of their illness. In decades past, cases against mentally ill defendants were summarily processed without deference to their condition. Just last year, the non-profit Treatment Advocacy Center (TAC) published a report that found 10 times more mentally ill Americans are imprisoned than hospitalized.

The report also enumerated these problems associated with incarcerating mentally ill persons: • Jail/prison overcrowding resulting from mentally ill prisoners remaining behind bars longer than other prisoners • Behavioral issues disturbing to other prisoners and correctional staff • Physical attacks on correctional staff and other prisoners

•

Victimization of prisoners with mental illness in disproportionate numbers • Deterioration in the psychiatric condition of inmates with mental illness as they go without treatment • Relegation in grossly disproportionate numbers to solitary confinement, which worsens symptoms of mental illness • Jail/prison suicides in disproportionate numbers • Increased taxpayer costs • Disproportionate rates of recidivism Based on these findings, the TAC provided a list of six recommendations. Number 2 reads: “Implement and promote jail diversion programs: The use of mental health courts and crisis intervention team (CIT) policing has proven to be effective in diverting mentally ill persons from incarceration, but their use by the states varies widely….If we want to reduce the criminalization of mental illness, utilizing these proven diversion techniques is an obvious place to start.”

Lee County Mental Health Court owes its success to the hard work of its participants and of a dedicated multidisciplinary team: Assistant Public Defender David Cooley; Coastal Behavioral Healthcare Outreach Specialist Rachel Marciniak; Coastal Behavioral Healthcare Program Coordinator Brian Seibert; Belinda Smith, County Probation; The Honorable Judge H. Andrew Swett; Coastal Behavioral Healthcare Outreach Specialist Jerkita McClorin; Brian Krzmarzick, Department of Corrections; Assistant State Attorney Amy Kosinski; SalusCare Case Manager Heidi Brescher; SalusCare Case Manager Monshay Gibbs; SalusCare Case Manager German Cruz.

March 2015 | RES GESTAE

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The Lee County chapter of the National Alliance for the Mentally Ill provides CIT training to local law enforcement. In a statement, NAMI Lee County Executive Director Vacharee Howard said, “The odds of a correctional officer coming into contact with a seriously mentally ill individual are virtually 100 percent.” Community-based mental health treatment costs about $12 a day, according to the organization, as opposed to the cost to house and treat a mentally ill inmate, which can run $130 or more per day.

A SHINING EXAMPLE In the case of an arrest, a private attorney or public defender can decide to refer the defendant to Mental Health Court based on these guidelines: The defendant must have a qualifying Axis One diagnosis, there must be some correlation between the offense and the diagnosis, and they must agree to voluntarily enter the program and participate in mental health treatment. That referral is then reviewed by the State Attorney’s Office. If the referral request is granted, the real work starts. Once accepted, the defendant and mental health professionals develop an intervention plan that must be approved by the court. Assistance and treatment is coordinated throughout the plan and progress toward goals is monitored closely.

A defendant must attend regular court appearances and must meet conditions of probation when applicable.

Lee County is itself now in a position to serve as a success story to other jurisdictions ready to explore establishing, expanding or enhancing their own Mental Health Court. Smith is pleased to report a 72-percent success rate for defendants going through and graduating from the program. Combine that with a 6-percent recidivism rate, and advocates have plenty to crow about.

She said these numbers would not be possible without equal buy-in from all the different people across many disciplines that come together to facilitate the process. Naturally, the SAO’s willingness to review referrals is paramount, and Smith confirms that office can always be counted on to balance its concern for public safety with a very individualized assessment of each case that is referred.

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RES GESTAE | March 2015

A PROMISE IS A PROMISE Smith said some graduates stay involved with the court, returning to help facilitate the pre-court meetings, for instance, as one individual has. Others continue to attend the meetings although they have already fulfilled the requirements they agreed to at the start of their journey. Smith counts this willingness to stay connected among the metrics of Mental Health Court’s success.

Brian Seibert is a program coordinator with Coastal Behavioral Healthcare, which is contracted to manage the Mental Health Court program. He said, “Initially there are people involved with the program because they’ve been told to by their supervisors. What they find out is this program makes a difference, and that mental illness is a disease just like diabetes or cancer.”

Judge Swett recently encountered a graduate of the program out in public and got to shake his hand.

It was a hard-won congratulations.

This gentleman, a military veteran, had experienced significant problems complying with the program, sometimes failed to take his medication and stayed up all night drinking. The judge takes it personally when a Mental Health Court participant doesn’t live up to his or her obligations. A promise is a promise. He tells folks, “You will participate with enthusiasm!” The man ultimately graduated and now is progressing further through a program with the V.A. “The transition participants make in the time they’re with us is profound,” Seibert confirmed. “It makes someone a believer. This is a significant problem in our society. It’s not something we should sweep under the rug or keep behind closed doors.”

It does take a dedicated team to make it all work, especially with 50 to 70 cases assigned to the court at any one time. But Smith echoes’ Judge Swett’s refrain that “It’s not about us.” If there is an official face of Mental Health Court, though, Smith suggests it should be that of the judge. He approaches his work with a balance of compassion and his signature tough love: “I can be a bear,” he attested. He is also this alternative court’s most ardent champion (“I can lay it on a little thick.”), and is in the process of launching a new Veteran’s Court. The judge is no longer the new guy. So, how long will he stick with Mental Health Court? “As long as they’ll let me,” he said. RG

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Community Connection

The Talkin’ Monkeys Project

By Sara Fitzpatrick Comito

“You’ll never do it.”

These would be tough words for anyone to hear, especially in response to a proclamation to one’s life-long role model that you plan to follow in her footsteps.

That’s just what happened when Dr. Deborah Misotti stood up at a conference in 1997 and told the famous primatologist, Jane Goodall, that she and her husband Tom were going to start a primate sanctuary. “You’ll never do it,” she said. “Go volunteer at one.

That would be enough.”

Dr. Goodall likely suffered a fair amount of what we’ll call exuberance fatigue. At successive conventions with hundreds of people steeped in a common passion, she had probably heard countless similar pronouncements that, while well meaning, amounted to little more than momentary effusiveness.

There’s only one Dr. Deb, however, and Goodall would hear from her again.

Shaking off the initial shock of her hero’s dismissal, Misotti got to work. Last year, the two met again, and Goodall had confirmation that this is a woman of her word—when she talks monkeys (and apes), she means it. Today, 16 primates

call The Talkin’ Monkeys Project in rural Clewiston home. Each has a story, for those who wish to hear it, and a happy ending where things could have ended up much differently.

The Misottis’ life revolves around the animals.

Deb and Tom have poured their savings into the not-for-profit business of housing, feeding and entertaining primates that have either been surrendered or confiscated. Deb sometimes has a role in the confiscating part of things, too, and has worked with law enforcement agencies such as the U.S. Fish & Wildlife Service, the Florida Fish and Wildlife Commission, the Department of Justice and the Lee County Sheriff ’s Office. She also enjoys telephonic access to her Hendry County Sheriff when needed, which she has even had to avail herself of in the middle of the night.

“This is an animal house,” Misotti will tell invited guests as they enter the front door of her humble home. Two cats serve as greeters, and in the afternoon the kitchen counter will be covered with well organized bowls of assorted goodies like bananas, sweet potatoes, grapes, peanuts and bread. The diminutive marmosets will enjoy a gourmet combo of mealworms and mini-marshmallows. Tom asks, “How will I know who gets what?” He’s joking, as everything is neatly labeled with the intended recipient’s name.

The two have day jobs, too. Deb, who has a Ph.D. in sociology and environmental science, works part time as a bookkeeper. Tom is a construction contractor and project manager.

Their wages go directly to their passion.

Their secluded backyard is a labyrinth of swaying bamboo—planted to replace the trees lost in Hurricane Wilma. On a recent

Rocco (top photo) – Rocco, a white-faced capuchin, is making great strides after being rescued from abuse.

Hope (middle photo) – Rescued from a breeding facility at 3 months old, Hope was an excellent ambassador for The Talkin’ Monkeys Project. The white-handed gibbon has since passed away, but remains in the hearts of all who knew her.

Kelpie (bottom photo) – Kelpie is a happy, healthy spider monkey and accompanies Dr. Deb on educational ventures.

She was confiscated from unlicensed owners, malnourished and ill.

Continued on page 28 26

RES GESTAE | March 2015

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Community Connection Continued from page 26 afternoon, the swish of those graceful, giant grasses is the most noticeable sound. The couple’s dogs remain kenneled in their half-acre day yard until the primates retire to their night houses in a few hours. There is little to alert a casual passerby to the presence of apes and monkeys, certainly no odor until one gets within a foot or two of the stinkiest, and tiniest, residents, the marmosets.

The Talkin’ Monkeys Project is recognized by the Hendry County Board of County Commissioners as an educational facility. Students at colleges such as FGCU provide community service hours, and the non-profit provides intensive learning opportunities for students. Passionate people the world over have also visited the facility to learn how to translate what they see here to their own vision back home.

Donations are always appreciated. The Misottis operate with ecology in mind, and do their best to work with recycled and repurposed materials. Sometimes, though, an investment must be made for new goods, like when the refrigerator in the freestanding primate kitchen broke. Then there is the matter of building new enclosures for primates in need of a home. The FGCU Wildlife Club was recently on hand to build a beautiful new cage over the weekend. Along with some Service-Learning students from that same college, they will return to install the metal roof, night house, electric and water lines and cage dressing.

That’s a lot to do, along with the daily cage cleaning, feeding, enrichment activities and special care that is needed for the animals that suffer trauma from their previous experiences.

Consider Rocco: this 27-year-old white-faced capuchin monkey had been rescued from a private home in the Tampa area. The owners tried to remove his teeth with pliers. He suffered a broken jaw, tail and three ribs. Rocco had been wearing the same diaper for seven weeks, which was stuck to his skin. Due to the stress, the poor guy plucked most of his hair out. Today he’s a handsome, physically healthy boy who requires a lot of patience for the behavioral problems resulting from the abuse. Other animals had been slated for euthanasia for outliving their fertility at breeding facilities, such as the 43-year-old female, Stitches. The breeder had no more use for her mate, Monkeyboy, either, because gibbon apes are monogamous. The two are happily living out their lives in a large enclosure together, where they like to sing to each other 28

RES GESTAE | March 2015

in the morning.

Goodall has seen a lot in her long, storied career, and has been right about a lot of things. In this case, she was pleased to have been proven wrong.

In a handwritten letter, she wrote, “I know people who have gone ahead, got very overwhelmed, and abandoned the idea—just because they started off without the proper knowledge and experience. I am absolutely thrilled that you never gave up on your dream.

We desperately need people like you” Visit talkinmonkeysproject.org for more information on the organization, the individual primate residents and how to help. Res Gestae owes a debt of gratitude to HendryGlades Bar President Toni Peck, who helped arrange the interview for this Community Connection focus.

Contact her at toni.peck@pecklawfl. com for more information about the Hendry-Glades Bar Association. RG

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The Dish

The Gathering Place

by Sara Fitzpatrick Comito

Say what you want about lawyers; they’re a good referral source for restaurants. Without Luis Insignares, many of our readers might not be aware of that which has become my own personal favorite, La Trattoria Café Napoli. If you haven’t yet been to what those in the know call “Gloria’s place,” then I feel bad for you. More recently Gil Perez gave us a tip about a homey little place serving good, homey food—in a former nursing home! Who knew? Well, anyone who’s heard of a guy (gal?) who goes by the nom de plume Jean le Boeuf. Maybe others of us in the publishing business are a bit slow to catch on.

Slow is the name of the game at The Gathering Place when it comes to corned beef for the reuben, pork roasted to falling apart for the Cuban and shredded chicken for the tostadas.

There’s nothing slow about the service, however, which helps earn this hidden gem a cult-like following, especially in combination with its exceedingly low prices for breakfast and lunch.

In a comment to an online JLB review appropriately titled “The Gathering Place is like no other,” our friend Gil said it as well as I could: “The food here is amazing! This has become my ‘go to’ place for lunch, to take out of town guests, and for special events. Locally owned, home-made food, and service with a smile.” It’s a rare thing when online commenters are unanimous about anything, but The Gathering Place is evidently something everyone seems eager to get behind.

Even as these words appear on my screen, my coconspirator Linda Fiore is dialing for delivery to feed the office. It’s cream of potato soup day, with carrot cake for dessert. Last week she and I visited the restaurant’s charmingly odd location in the Beacon Executive Suites (formerly Beacon Manor), located just to the north of Villas Elementary School.

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RES GESTAE | March 2015

A former nurses’ station serves as an open kitchen with counter service, and the corresponding waiting rooms to either side house mismatched tables, couches, library hutches, a chess table and pithy signage exalting the merits of procrastination, and arguing wine versus coffee as a basic human necessity.

A lot of familial banter indicated several regulars were on site that day. A “cup” of beef barley soup was served in a giant coffee mug by co-owner Tony Clark, himself not slight of stature or stingy with conversation or an easy belly laugh.

“A series of plan Bs,” is how he characterizes the progression that resulted in his venture with partner Shawn Leiva, which Tony Clark. Middle: Mrs. Anita. was originally planned Top: Bottom: Chocolate cherry turnovers. as a food truck, not a Bottom left: homey seating in the library area. permanent address. It’s to our benefit that Plan A didn’t pan out, and Clark’s sanguine disposition is characteristic of one who will make the most of any situation. Which he has.

Everything on the menu has a special homemade flair. The spinach pie, for instance, is not the traditional spanakopita with that impossibly elegant phyllo dough. Offered as a side for the Continued on page 32

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The Dish Continued from page 30 homemade soup, it features fresh spinach, mushrooms, olives and cheese enrobed in flaky puff pastry.

The Cuban sandwich features smoked ham, Swiss, pickles and pork rendered oh-so-soft from a full 24 hours’ roasting. Ms. Linda was at first a bit intimidated by the large sandwich served oozy with herbed mayo/mustard. She was quickly converted, though. “I don’t like messy unless it’s for a good reason, and this is worth it,” she said with her mouth full.

We’ll forgive her. There are no white tablecloths in sight, and there’s no fancy plating—just fresh, yummy food made with care. It’s Top Photo: Bacon avocado salad. like enjoying food made by a friend Bottom photo: spinach pie. or relative with a particular love of

cooking. Speaking of relatives, a corner of the menu is devoted to Mrs. Anita’s food. This is Shawn’s mom, bringing the stewed chicken with beans and rice of Belize, her country of origin.

With the salads, sandwiches and soups—and the burrito, tacos, Belizean pulled pork, tostadas and garnachas—it’s like two restaurants in one.

Before I leave you to go unwrap my veggie sandwich that has just arrived (with lettuce, tomatoes, olives, jalapenos, pickles, avocado, roasted onions and mushrooms, Swiss cheese and house dressing on French bread), I would be remiss in not recommending The Gathering Place as a perfect venue for hosting an evening dinner meeting or party. Even more remiss in not recommending one or three of the homemade desserts.

Pineapple upside down cake, anyone? Or a guava and cheese pastry... cherry chocolate turnover…. Oops, now I’m talking with my mouth full. RG Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing | Publishing, and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com.

On January 17, 2015, representatives from the Young Lawyers Division (YLD) of the Lee County Bar Association presented a grant application at the annual Florida Bar YLD Affiliate Outreach Conference in Saint Petersburg, Florida. The Lee County YLD’s grant application was made on behalf of the “Bedz for Kidz” program administered by Voices for Kids of Southwest Florida, a non-profit organization that supports children and guardians in the Guardian ad Litem program of the Twentieth Judicial Circuit. At the conference, the Lee County YLD received the YLD President’s Grant Award in recognition of its members’ success in developing a project that effectively targets a distinct need in our community. YLD President Kimberly Boccelli Davis, Vice President Thomas G. Coleman, Treasurer Noel J. Davies and Past President Shannon Puopolo assisted in preparation and presentation of the written grant application on behalf of the Lee County YLD.

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RES GESTAE | March 2015

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Legal Lens

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LCBA Luncheon Hon. Elizabeth Krier, Hon. John Duryea, Vicki Sproat and Kim Patrick Hart presented at the General Civil & Business Litigation Practice Section's CLE program "Ethics in Depositions: When Opposing Counsel Behaves Badly." Special thanks to Chairs Mary Briedé and Carlos Kelly.

Anne Dalton, Kim Hart

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RES GESTAE | March 2015

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Contact Linda Fiore at 239-690.9840 or Linda@ConricPR.com It the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the Executive Director of the Lee County Bar Association, Nanci DuBois at info@ leebar.org or admin@leebar.org (239) 334-0047, Option 3.

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LCAWL Luncheon Lee County Association for Women Lawyers ( LCAWL) CLE Luncheon Guest speaker, Cammie Hauser, Senior Practice Advisor with Atticus, spoke on how to strike a balance between work life and personal life.

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From the Bar Joseph J. Bernardo, Esq. For Joseph Bernardo, the transition from prosecutor to personal injury lawyer simply made sense. “I represented victims then and still do now, the difference being whether they were victims of a criminal act or a negligent act.” Transitioning into a law career to begin with took a bit more mental gymnastics. “I always wanted to be a marine biologist,” he said. Florida State University extended an invitation to their graduate program and a teaching position. On the cusp of committing to that decision, Bernardo grasped the reality of surviving on grants and living in a bunk on research vessels for six months at a time, he signed up for the LSAT and applied for law school. “I’m still passionate about the ocean and all things related to it,” he explained. “I just thought it to be a difficult way to provide for a family.”

The owner of Bernardo Injury Law acknowledges there are several popular misconceptions about his practice area: “One is that everyone gets a lot of money. Another is that there is a lot of fraud that occurs. Lastly, that it is relatively easy to get money from injury claims.”

As to that last point, many plaintiffs are up against parties that wield vastly more resources or power than they do. In one memorable case, he represented two Lee County Sheriff personnel who had been injured when a roof collapsed at the Sheriff’s substation. “Significant recovery was made after a hard fought battle against multiple defendants including a mediation that ended up being a mini-trial and lasted well into the evening.”

The reward and challenge of personal injury law is one in the same to Bernardo: making people happy.

Originally from Tampa, Bernardo received his Juris Doctorate degree from Florida State University, where he also completed a bachelor’s degree in science at the Business College in 1986. He moved to Fort Myers that same year, where his family had vacationed frequently since the early 70s, and accepted the job as Assistant State Attorney.

As a solo practitioner, personal time is at a premium. When he gets a chance, he enjoys fishing, exploring beaches and collection and using ancient and modern edged weapons and firearms.

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From the Bar Joseph Cerino, Esq. When Joseph Cerino enrolled at St. John’s University in Jamaica, N.Y., it was a historic occasion: he was the first in his family to go to college, and he was ready for the challenge.

Aside from the requisite street smarts acquired during his upbringing in the Bronx, he inherited a lot of mental toughness and a strong work ethic from his New York City bus driver dad, “a great man,” Cerino calls him. “I learned about working hard from him.”

When his parents retired to Florida in the 1980s, Cerino also felt drawn to sunnier climes and transferred to Florida State University. There wasn’t much beach time for the hard-working student, who graduated with a Bachelor of Science degree in criminology. Law school was a natural next step, given his talents and proclivities. “I was always good at arguing,” he recalled.

“And I wasn’t afraid of public speaking.”

After graduating from FSU College of Law, Cerino moved to Lee County and served as an Assistant Public Defender for four years before starting a local firm with two partners. While maintaining his practice in criminal law, he started taking on family law cases, which he discovered he enjoyed. Some folks might find it too difficult to deal with people going through one of the hardest parts of their lives. Cerino is not “some folks,” however, and perhaps empathy is the better half of mental toughness. “That I find enjoyable: getting them through the biggest stress of their lives and getting them thru it successfully.” As owner of the Law Firm of Joseph Cerino, he now predominantly practices family law.

Cerino said the process of campaigning with his wife, Hon. Amy Hawthorne, for her 2014 election brought the couple closer. “We met a lot of great people we might not have met otherwise, and reinforced some relationships.”

He is a big music fan, and plays guitar to unwind. It’s something he’s picked up again in the last few years after putting it aside. In high school he played in a rock band as its lead singer and bass player.

Cerino also enjoys golf in his spare time. He serves as a board member for the Lee County Legal Aid Society and is an Area Governor of the Cape Coral Gold Coast Rotary Club. His daughter Cassandra recently graduated from the University of Central Florida.

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CERTIFICATION CREDITS Elder Law: 7.0 Wills, Trusts, and Estates: 7.0

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Legal Briefs Oppenheimer Berkey presents at FGCU Kathleen Oppenheimer Berkey was recently the guest lecturer for the Real Estate Fundamentals class at Florida Gulf Coast University. Her presentation focused on the role of land use lawyers and planners in the land development process. She shared her experiences taking projects through the due diligence, pre-entitlement, and entitlement phases of development. This is the second year that Berkey was a guest lecturer in this course.

The goal of Professor Tim Allen’s Real Estate Fundamentals course at Florida Gulf Coast University is to provide students with real-world exposure to central concepts about real estate assets and the markets in which they are traded through site visits and inviting practitioners to serve as guest lecturers throughout the semester.

Berkey joined the Pavese Law Firm in 2011, and her practice focuses primarily on resolving land use and zoning, real estate and environmental issues related to the development of land.

Fincher joins Laird A. Lile, P.A. as Resident at Law Philip H. Fincher has been selected as the third Resident at Law at Laird A. Lile, P.A. Fincher earned his J.D. from the University of Arkansas School of Law, where he also earned a B.S. in business administration, and an LL.M. in Estate Planning from the University of Miami School of Law. A member of The Florida Bar and a Certified Financial Planner, Fincher has been a small business owner, a financial consultant and executive director of a nonprofit organization.

The Resident at Law program at Laird A. Lile, P.A. seeks to successfully transition law school graduates from the classroom to the practice of law, much as physicians do upon completing medical school.

The 18-month residency program offers a salary, participation in professional organizations and bar meetings with all fees covered by the firm, and hands-on experience with clients and real legal cases, with no minimum billable-hour requirement.

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Legal Briefs Martin joins Parvey & Frankel Jonathan A. Martin has joined Parvey & Frankel, Attorneys, P.A., where he focuses his practice primarily on personal injury cases.

Martin served as an Assistant State Attorney beginning in 2007, and eventually served as the sole prosecutor in Glades County. His first experience of dealing with personal injury matters occurred when he filed charges against a tractor-trailer driver who was under the influence of alcohol and ran a stop sign, killing the six occupants of the other vehicle.

Martin has served on the Twentieth Judicial Circuit Professionalism Committee, as President of the Hendry-Glades Bar Association, and on the Board of Directors for a local school. He volunteers with various ministries of his church, including traveling to Guatemala to help rebuild homes after a volcano eruption.

Shaw re-elected to Board of Governors Marcy L. Shaw has been re-elected to The Florida Bar Board of Governors representing the Twentieth Judicial Circuit, Seat 2, to serve a two-year term commencing June 26, 2015.

Shaw is a solo practitioner at The Law Office of Marcy L. Shaw in Fort Myers where she enjoys a fastpaced civil litigation practice representing both Plaintiffs and Defendants throughout the Circuit in business and contract disputes, as well as contested probate, trust and guardianship matters.

She is a Past President of the Lee County Bar Association, where she served as a member of the Executive Council from 2004 through 2008. She served six years on The Florida Bar Young Lawyers Division Board of Governors until her election to The Florida Bar Board of Governors in 2012. She presently serves as Chair of the Rules Committee and on the Disciplinary Procedure Committee.

She may be contacted at (239) 275-2208 marcy@mlshawlaw.com.

Thompson named partner at Pavese Law Firm Chené M. Thompson has been named a partner at Pavese Law Firm, where she primarily focuses her practice in the area of community associations and corporations with an emphasis on litigation.

Thompson joined Pavese Law Firm as an associate in 2013. Prior to that, she was a supervising attorney with another local law firm where she worked closely with clients to maximize their income and increase financial stability. Thompson was previously employed as an assistant state prosecutor with the Attorney General’s Office of Statewide Prosecution where she successfully prosecuted cases ranging from white collar crimes involving fraud and money laundering to large-scale narcotics trafficking. In 2008, Thompson was named by the Attorney General as one of the top prosecutors for her prosecution of organized crime and partnerships with law enforcement. She also worked as an assistant state attorney under former State Attorney Joe D’Alessandro and State Attorney Stephen B. Russell.

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Here for you… yesterday, today and tomorrow Lending Team – From left bottom row: Pam Edwards, Vice President, Lending; Leah Kirby, Vice President, River District Office Manager; Robbie Roepstorff, President From left middle row: Willy Ocasio, Sanibel-Captiva Office Manager; Rob Lisenbee, Vice President, Lending; Kim Nyberg, Vice President, Professional & Executive Banking; Liz Aurensan, Vice President, Lending From left back row: Geoff Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager

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