Res Gestae - September 2015

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION SEPTEMBER 2015

Ita Neymotin and the quest for professionalism SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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Contents AD DIRECTORY

18

20

Above photo: Ita Neymotin (center) met with Ukrainian legal professionals to help them enhance their system of justice.

Cover Photo: Ita Neymotin Cover Photo: John Fernandez

features 18 A Defender of Decorum

26

Ita Neymotin and the quest for professionalism

by Sara Comito Fitzpatrick

departments 6 Letter from the President

by Anne Dalton, Esq.

22

8 Letter from the Editor

by Beverly Grady, Esq.

10 Calendar of Events 11 LCBA Constitution

Week

26 The Dish

Prime de Leon

28 LCBA Member-at-Large

12 Ethically Speaking

Nominations

14 ADR Practice Section

31 On the Bench

by Henry Lee Paul, Esq.

by Anne Dalton, Esq.

30 100 Club

Hon. Scott Cupp

16 Art Happenings

32 From the Bar

20 Legal Lens

33 From the Bar

22 Community Connection

34 Legal Briefs

by Lydia Black

Social scene photos The Heights Foundation

Donna Marie Collins, Esq.

Allied Business Solutions 7 Assoc. of Legal Administrators - SWFL 21 Barbara Pizzolato 24 Boyle, Gentile & Leonard, P.A. 31 Boyle, Gentile & Leonard, P.A. 21 Buchanan Ingersoll & Rooney 7 Buschbom Mediation 25 Business Observer 11 Calvo & Calvo Attorneys at Law 24 CONRIC PR & Marketing | Publishing 32 Dellutri Law Group 23 Denise Kennedy 23 Dial-a-Nurse 13 Donna Tisch 17 Edison National Bank BC Florida Dispute Resolution 29 Fort Myers Court Reporting 15 Garvin Law Firm 21 Get Smart Bail Bonds 30 Gregory Court Reporting Service 29 Henderson, Franklin, Starnes & Holt, P.A. 9 J. Tom Smoot III 29 Jaguar Fort Myers IFC Jason L. Gunter, P.A. 17 Joe Viacava Law IBC Kempton P. Logan 13 Kushner & Kushner Attorneys 11 Law Firm of Scott T. Moorey 16 Law Office of Kevin Jursinski & Associates 15 Lee County Legal Aid Society 25 Leonard P. Reina 11 Leslea Ellis, LLC 9 Levins & Associates, LLC 7 Livingston Loeffler, P.A. 15 Magnus Research Consultants & Graphics 17 McHale, P.A. 23 Merit Court Reporting, Inc. 13 Molloy Law, LLC 27 Musca Law Office, Inc. 3 Prime de Leon 25 Spivey Law Firm, P.A. 5 T 3 Communications 28 Veranda Restaurant 27 Von Ahn & Associates 33

Guichard St. Surin, Esq. News and happenings

Our advertisers support the LCBA. Please do your best to support them in return.

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, Sharon Brotherton at info@leebar.org or admin@leebar.org or (239) 334-0047.

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RES GESTAE | September 2015

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刀愀渀搀愀氀氀 䰀⸀ 匀瀀椀瘀攀礀

Note from the President “As the central preoccupations of an era make their way into the legal system, the Supreme Court eventually weighs in, and nine lawyers in robes become oracles of our national identity.” ~ Noah Feldman, Felix Frankfurter Professor of Law at Harvard Law School Last fall, I visited the Maghreb region of northern Africa to observe constitutional democracy in action in Tunisia, a country about the size of Wisconsin and the locale of the great historic site of Carthage. I was accompanied by a friend who was working at that time with students at the University of Tunis to preserve native Bedouin languages. It was the week before October’s free and democratic constitutional election and tensions were high among the various political parties.

Although Tunisia is an ethnically Bedouin, not Arab, country, the “Arab Spring” revolutions which swept much of the Arab world in 2011 had originated in Tunisia with the self-immolation of fruit vendor Mohamed Bouazizi on December 18, 2010. The 2012 revision of the Tunisian Constitution and the 2014 presidential and unicameral legislative assembly elections were a dramatic resolution to the Tunisian civil disobedience demonstrations known locally as the “Jasmine Spring.”

During our travels, we had private meetings at different times with a high government official, university professors and administrators (both Bedouin and European), local Souk merchants and a Bedouin contracts manager for a Tunisian solar company in the early stages of exportation of solar energy from the Sahara Desert to Europe. They all had the same view as to why Tunisians were able to pursue a peaceful transfer of power when other regional powers had failed: the existence of a strong mercantile middle class. There are those who would argue that the American transition from the English monarchy to a constitutional democracy in 1783 was similarly due to the existence of a strong mercantile middle class, and that the current stability that we experience, notwithstanding devastating downturns in our national economy, is similarly rooted.

As we are preparing to celebrate Constitution Week in Lee County, it is important to remember how fortunate we are to be able to accomplish sweeping cultural and social changes through the interaction of the executive, legislative, and judicial branches of the American government. I suspect that most lawyers have disagreed with at least one historic Supreme Court decision in their journey through constitutional law classes, leading to robust discussions over coffee, beer or wine at local law school hang-outs. However, the “oracles of our national identity” are responsible to protect our right to peaceful assembly and to have such disagreements. Please help us teach our children about our rights by volunteering to speak in our schools this month.

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 MEMBERSHIP Janette Smith, Esq. & Theresa Daniels, Esq. MOCK TRIAL Karla Campos-Andersen, Esq. PRO BONO Aaron Cilek, Esq. & Anais Bimonte, Esq. SOCIAL EVENTS John Webb, 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. FAMILY LAW Dustin Butler, Esq. & Ryan O’Halloran, Esq. GENERAL CIVIL & BUSINESS LITIGATION George Knott, Esq.. & Carlos Kelly, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. & Matthew Linde, Esq. SOLO AND SMALL PRACTICE SECTION Jason Gunter, Esq. & Conor Foley, Esq.

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

RES GESTAE | September 2015

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Letter from the Editor Two hundred and twenty-eight years ago on September 17, 1787, members of the Constitutional Convention signed the Constitution, which commenced the path to ratification and new form of government.

Did you know that George Washington was reluctant to attend the Constitutional Convention in 1787? He was concerned it would not succeed; he was busy managing Mount Vernon and had a chronic illness. But he was selected as President of the Constitutional Convention and was the first of the convention members to sign the Constitution on September 17, 1787. It was unique in the history of the world for representatives to gather together and create this new form of governance.

Through all of the changes in America over 200 years, the Constitution has endured and been adapted with only 17 amendments ratified in addition to the Bill of Rights. George Washington wrote in his Farewell Address that the Constitution is “the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself, a provision for its own amendment...”

The Lee County Bar Association celebrates our Constitution with presentations by our attorneys to share our foundation with students in the Lee County School System, which support the mission of the LCBA to “inform the community on important legal matters” and “to promote our legal system and resources within our community.” Please be a part of this great opportunity.

Our President Anne Dalton has designated this year as the Year of Professionalism and this issue provides a focus on professionalism with Henry Paul’s meaningful article on “Professional Expectations.”

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-CHIEF 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. Lydia Black Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

Our cover feature article delves into the great amount of dedication Ita Neymotin has put into improving professionalism in our circuit and cleaning house at the badly troubled office she inherited upon her appointment as Regional Counsel for the Second District Court of Appeal.

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This issue also includes a contribution on behalf of the Alternative Dispute Resolution practice section on “Alternative Dispute Resolution and Ethics – 6 Practice Points That May Surprise You” by Anne Dalton.

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.

You’re bound to learn something new in this issue, including the incredible work The Heights Foundation has done in its efforts to support families in the Harlem Heights neighborhood, and all the fun events they put on to help them achieve their mission.

Finally, don’t forget to nominate yourself or someone else who would be a good leader for Member-At-Large. Nominations are due Sept. 18. See page 28 for all the details.

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

RES GESTAE | September 2015

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 September 4

September 16

Noon at Sasse’s, 3651 Evans Ave, #1, Fort Myers. Kimberly Davis Bocelli, YLD President

Noon in Hearing Room 4-O, Lee County Justice Center. Anne Dalton and Bill Merchant, Co-Chairs

Young Lawyers Division Meeting

September 9

General Civil & Business Litigation Practice Section Lunch Meeting

Noon in Courtroom 5E, Lee County Justice Center. Topic: Business Court for the Twentieth Judicial Circuit.

Panelists include: Hon. Elizabeth V. Krier, Hon. Michael T. McHugh, Kevin F. Jursinski, Doug Szabo and Kelly Geraghty Price. Moderated by George H. Knott. RSVP to Carlos Kelly or George Knott, Co-Chairs

September 10

RPPTL Practice Section Brown Bag

Noon in Judge McHugh’s Hearing Room, 4R, Lee County Justice Center. Topic: “Guardianship Legislative Changes and Unintended Consequences.” Speaker: Kenneth Edward Kemp, II. Matthew Linde and Kenneth Kemp, II, Co-Chairs

ADR Practice Section Brown Bag

September 16

SWFL Federal Court Bar Assoc.

Constitution Day CLE 11:30 – 1 p.m., second floor Jury Assembly Room, U.S. Courthouse and Federal Building, 2110 First Street Fort Myers. Speaker: Michael P. Allen, Associate Dean and Constitutional Law Professor with Stetson University College of Law. Topic: “Constitutional Interpretation in a Rapidly Changing World” (1.0 CLE Credit approved).

Free for Southwest Florida Federal Court Bar Association members, $15 non-members, includes lunch. RSVP to swfedbar@gmail.com. Brigette Willauer, President

September 17

Family Law Practice Section Brown Bag

Noon in Courtroom 5C, Lee County Justice Center. Dustin Butler and Ryan O’Halloran, Co-Chairs.

September 14 – 17

September 17

Volunteers needed. James O’Leary and Eviana Martin, Co-Chairs

5:30 to 7:30 p.m. at Ter-Tini’s, 7050 Crystal Drive; Fort Myers. Sponsored

by Investors’ Security Trust. John Webb, Chair

Constitution Week in Lee County Schools

Quarterly After Hours Social

September 18

Appellate Law Practice Section CLE

11 to 11:50 a.m. Sidney & Berne Davis Art Center (1 Hr. Ethics application pending). $35 members, $60 nonmembers. Includes membership lunch following the CLE program. Margaret White-Small and Stacy Sherman, CoChairs

September 18

LCBA General Membership Meeting – Constitution Week Program.

Noon – 1 p.m. Charity: Special Equestrians. Presentation of Golf Tournament Proceeds to Alliance for the Arts. Lunch without CLE $15 members, $25 non-members.

September 24

Land Use & Governmental Law Practice Section Lunch Meeting

Noon at Lee County Public Works, 1500 Monroe Street, 1st floor Conf Room.

Russell Schropp, Chair.

September 25

Solo & Small Firm Practice Section Breakfast Meeting

7:30 a.m. at First Watch, 2059 Altamont Ave., Fort Myers. Topic: “Creative Fee Agreements for Solos and Small Firms.” FREE to LCBA members, $15 non-members. Conor Foley and Jason Gunter, Co-Chairs

September 30

LCBA Executive Council Meeting 5:15 - 6:15 p.m., Conference Room, Henderson Franklin Starnes & Holt, PA.

Some dates for 2015 Section Meetings have not been confirmed. Check our 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

Thank You to our Annual Sponsors for 2015

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RES GESTAE | September 2015

Calendar of Events October 2

Young Lawyers Division Meeting Noon at Prime de Leon 33 Patio De Leon, Fort Myers. Kimberly Davis Bocelli, YLD President

10 a.m. – 2 p.m. at Southwest Florida Military Museum and Library; 4820 Leonard Street, Cape Coral. Hosted by the Pro Bono Committee. Free to veterans and first responders with ID and/or DD-214. Anais Bimonte and Aaron Cilek, Co-Chairs

October 8

RPPTL Practice Section Brown Bag

Noon in Judge McHugh’s Hearing Room, 4R, Lee County Justice Center.

Topic: “The Three Horsemen of the Appellate Court: Preservation, Jurisdiction and Proper Argument.”

Speakers: Margaret H. White-Small,

October 28

Noon at Lee County Justice Center; Courtroom 5C. Dustin Butler and Ryan O’Halloran, Co-Chairs

LCBA Executive Council Meeting

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

October 16

Tort Law Practice Section & Criminal Law Practice Section Team CLE

October 29

11 to 11:50 a.m. at Sidney & Berne Davis Art Center (1 Hr. Ethics application pending). $35 members, $60 non-members. Includes membership lunch following the CLE program. PJ Scheiner, Tort Law Practice Section Chair and Keith Upson, Criminal Law Practice Section Chair.

Land Use & Governmental Law Practice Section Lunch Meeting Noon at Lee County Public Works, 1500 Monroe Street, 1st floor Conf Room. Neysa Borkert and Amanda Brock, Co-Chairs

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11

Ethically Speaking

PROFESSIONALISM EXPECTATIONS

By Henry Lee Paul, Esq.

The Supreme Court has defined the Standards of Professionalism as codified in: 1) the Oath of Admission to The Florida Bar; 2) The Florida Bar Creed of Professionalism; 3) The Florida Bar Ideals and Goals of Professionalism; 4) The Rules Regulating The Florida Bar; and 5) the decisions of the Florida Supreme Court. See, In re Code For Resolving Professionalism Complaints, 116 So. 3d 280 (Fla. 2013).

The Florida Bar adopted the new Professionalism Expectations (Expectations) on January 30, 2015, to replace the Ideals and Goals of Professionalism (Ideals and Goals). It is anticipated that the Florida Supreme Court will amend the Code for Resolving Professionalism Complaints to adopt Professionalism Expectations in place of the Ideals and Goals of Professionalism.

The Standing Committee on Professionalism drafted the Expectations in 2014, at the request of bar leadership. The intent was to update the Ideals and Goals, which were adopted in 1990 and were considered only as “aspirational.” The title itself indicates that professionalism is now more than just an aspirational goal for members of The Florida Bar. This change is consistent with the concern about a lack of professionalism expressed in the Code for Resolving Professionalism Complaints. The Court admonished in the

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RES GESTAE | September 2015

Code that, “Members of The Florida Bar shall not engage in unprofessional conduct.”

The Court has also stated that it, “is profoundly concerned with the lack of civility and professionalism demonstrated by members. The Court has repeatedly ruled that unprofessional behavior is unacceptable…. We do not tolerate unprofessional and discourteous behavior.” See, The Florida Bar v. Norkin, 132 So. 2d 77 (Fla. 2013).

The Expectations are divided into seven general requirements of professionalism, which are followed by specific expectations.

The general requirements are: 1) Commitment to Equal Justice Under the Law and to the Public Good; 2) Honest and Effective Communication; 3) Adherence to a Fundamental Sense of Honor, Integrity and Fair Play; 4) Fair and Efficient Administration of Justice; 5) Decorum and Courtesy; 6) Respect for Time Commitments of Others; and 7) Independence of Judgment.

One significant new issue addressed in the Expectations is how modern forms of communications and social media intersect with professionalism. The Florida Bar has also recently posted on the website a guide for Best Practices for Effective Electronic Communication, which is a helpful complement to the Expectations.

All members of The Florida Bar are now expected to conduct themselves in accordance with the Expectations. Failure to do so can result in a lawyer being referred to a Local Professionalism Panel or to The Florida Bar for potential discipline. The Local Professionalism Panels are now operating in every circuit. It is important that members of the bar utilize these informal panels to help impress upon all lawyers the importance of practicing with professionalism. Information on the 20th Circuit Local Panel can be found on the 20th Circuit website.

The Expectations can be downloaded from The Florida Bar website, under the Professionalism section. 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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ADR Practice Section

ALTERNATIVE DISPUTE RESOLUTION AND ETHICS 6 practice points that may surprise you

By Anne Dalton, Esq.

Mediators are

certified and regulated by the Dispute Resolution Center of the Florida Supreme Court.

In addition to being guided by Florida Statute, mediators pay close attention to advisory ethical opinions issues by the Florida Mediator Ethics Advisory Committee (MEAC). These can be found at: www.flcourts.org/resources-and-services/alternative-disputeresolution/information-trainers-legal-professionals/meacopinions.stml It is a good idea for both ADR professionals and attorneys to hit the ‘refresh’ button and take another good look at ethical ADR requirements from time to time under Florida Statute, as interpreted by MEAC opinions.

Do you know: 1. When a court-ordered mediation begins? According to F.S. 44.404 (1), “a court-ordered mediation begins when an order is issued by the court.” Many professionals believe that substantive discussions with the mediator “don’t count” prior to the appearance of the other side. Under Florida statute, that is not true.

2. When a private mediation begins? According to F.S. 44.404(2), “in all other mediations, the mediation begins when the parties agree to mediate or as required by agency rule, agency order, or statute, whichever occurs earlier.”

Once again, full mediation ethical and substantive rules are in place immediately upon the agreement of parties to mediate.

3. That if Parties “A,” “B,” and “X” are in a mediation and Party “X” terminates her participation but the other 2 continue to mediate, any statements made by Party “A” to Party “X” about what happened in the mediation after Party “X” left are not covered by the confidentiality privilege? Party X could be required to testify as to such comments, under F.S. 44.404(3).

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RES GESTAE | September 2015

4. That no confidentiality privilege attaches to a mediation communication offered to report, prove or disprove professional misconduct occurring during mediation, solely for the internal use of the investigative body? However, such communication remains confidential for all other purposes, under F.S. 44.404(4)(a)(6).

5. That a mediator (and a mediation trainee) may not translate or interpret for parties during a mediation? According to MEAC Opinions 2011-017 and 2014-009, performing the dual role of mediator and interpreter/translator could create actual bias or the perception of bias. The 2011 Opinion further states: “All individuals have biases and prejudices….

Regardless of how impartial the mediator may think s/he is, in attempting to interpret the language or thoughts of others, the mediator’s own subconscious biases or favoritism may seep in or be perceived to have entered into how the mediator is performing this service.”

6. That it is not ethical for a mediator to prepare retirement orders (QDROs) after having served as mediator for that case and that this is a non-waivable conflict of interest? MEAC Opinion 2007-05 states that the Florida Bar considers the preparation of QDROs to be a “legal activity” to be performed solely by lawyers. Since the mediator may not represent both parties in any matter arising from the mediation, according to MEAC opinion 2005-004, the mediator may not prepare QDROs for any party when he/she has mediated that case.

The parties and/or the counsel for the parties cannot waive this conflict of interest. RG

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Art Happenings

By Lydia Black, Alliance for the Arts Executive Director Arts promote true prosperity: The arts are fundamental to our humanity. They ennoble and inspire us— fostering creativity, goodness, and beauty. The arts help us express our values, build bridges between cultures, and bring us together regardless of ethnicity, religion or age.

Arts improve academic performance: Students with an education rich in the arts have higher GPAs and test scores, and lower drop-out rates—benefits reaped by students regardless of socio-economic status. Students with four years of arts or music in high school average 100 points better on their SAT scores than students with just one-half year of arts or music.

Arts strengthen the economy: Lee County’s nonprofit arts industry alone generates $68.3 billion in economic activity annually, which supports 2,000+ jobs and generates $9.4 million in government revenue.

Arts are good for local merchants: Attendees at Lee County nonprofit arts events spend $23.23 per person, per event, beyond the cost of admission on items such as meals, parking and babysitters. Attendees who live outside the county in which the arts event takes place spend twice as much as their local counterparts ($42.65 v. $15.88)—valuable revenue for local businesses and the community.

Arts drive tourism: Arts travelers are ideal tourists, staying longer and spending more to seek out authentic cultural experiences.

The U.S. Department of Commerce reports the percentage of international travelers including museum visits on their trip has grown steadily since 2003 (18 to 24 percent). The share attending concerts and theater performances has grown from 14 to 17 percent since 2003.

Arts are an export industry: U.S. exports of arts goods (e.g., movies, paintings, jewelry) grew to $72 billion in 2011, while imports were just $25 billion—a $47 billion arts trade surplus.

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Arts spark creativity and innovation: The Conference Board reports creativity is among the top five applied skills sought by business leaders—with 72 percent saying creativity is of high importance when hiring. The biggest creativity indicator? A college arts degree. Nobel laureates in the sciences are 17 times more likely to be actively engaged in the arts than average scientists.

Arts have social impact: UPENN researchers have demonstrated a high concentration of the arts in a city leads to higher civic engagement, more social cohesion, higher child welfare, and lower poverty rates. A vibrant arts community ensures that young people are not left to be raised solely in a pop culture and tabloid marketplace.

Arts improve healthcare: Nearly one-half of the nation’s healthcare institutions provide arts programming for patients, families and even staff. Seventy-eight percent deliver these programs because of their healing benefits to patients: shorter hospital stays, better pain management and less medication.

Arts mean business: The Creative Industries are arts businesses that range from nonprofit museums, symphonies and theaters to for-profit film, architecture and design companies. A 2014 analysis of Dun & Bradstreet data counts 750,453 businesses in the U.S. involved in the creation or distribution of the arts, which employ 3.1 million people—representing 4.2 percent of all businesses and 2.2 percent of all employees, respectively. RG

One of many outdoor performances throughout the year at the Alliance for the Arts

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A DEFENDER OF DECORUM

Ita Neymotin and the quest for professionalism

By Sara Fitzpatrick Comito

W

hen Justice Fred Lewis wants to know if the Supreme Court’s efforts to enhance professionalism in the legal community are having the desired effect in the Twentieth Judicial Circuit, one of the people he asks is Ita Neymotin, chair of the local Professionalism Panel.

In addition to wielding the gavel of the state’s highest court, Justice Lewis also serves as chair of the Supreme Court’s Professionalism Commission, and he’s paying close attention to how each circuit is complying with the 2013 mandate to set up local Professionalism Panels. So when Neymotin drafted a letter on behalf of the panel identifying confidentiality of the panels as an area of concern, he put it on the agenda of the June meeting of his commission. Then he appointed her to a new committee focused on that issue.

She is decidedly battle tested. Neymotin is the youngest attorney, and the first woman, appointed as Regional Counsel in the State of Florida. Those distinctions never presented a challenge; the appalling state of professionalism of the office she inherited did.

A fixer-upper Neymotin is responsible for the 14 counties that make up the Second District Court of Appeal, managing 140 attorneys and support staff at the Office of Criminal Conflict and Civil Regional Counsel with an annual budget that exceeds $9 million. She was appointed in December of 2011, in the interim between the former Administrative Director being charged with and pleading guilty to official misconduct, forgery, scheme to defraud and six counts of uttering a forged instrument – the former director did not plead guilty to the count of grand theft.

As Neymotin has operated on a platform of transparency, she furnished to this publication a (dirty) laundry list of transgressions she encountered at the office four years ago, including such gems as: • Inexplicably, the previous administration was found to have been storing about 80 computers and printers with hard drives removed, which were found tucked away behind toilets, in cleaning closets, in coffee cabinets and under desks.

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RES GESTAE | September 2015

•

Attorneys were going into court wearing shorts and flip flops.

• Supervisors were writing sexually explicit emails to subordinates.

• Attorneys refused to visit their clients in jail, even after the Florida Bar instructed them to do so.

• One Attorney refused to abide by Florida Bar guidelines in a death penalty case.

• Attorneys were disclosing confidential client information to people outside the agency.

• Attorneys were getting arrested for drug paraphilia and battery domestic violence “And last but not least,” Neymotin said, “collection agents were calling me as a result of bills that were never paid by the past administration.” Ultimately, judges were ready to close down Regional Counsel divisions when its attorneys repeatedly failed to show up for hearings.

Standardizing the patchwork The unexpurgated litany itself would exceed the allotted column inches for this story, especially when presented side by side with the itemization of Neymotin’s steps to increase efficiency, bring her office into compliance with E-Filing, strive to achieve a paperless facility, increase operational efficiency, establish fiscal accountability, save taxpayers millions of dollars, improve attorneys’ access to CLEs and other educational resources, improve morale, enhance public awareness of the office’s role in the justice system, instill

professionalism and reinforce judges’ confidence in her attorneys.

There was no such mess to clean up upon assuming her position with the Professionalism Panel. Her predecessor, Mike Randolph, nurtured the nascent concept effectively, according to people like Henry Lee Paul, our local representative on The Florida Bar’s Standing Committee on Professionalism. “Mike did a good job getting things up and running,” he said.

He also acknowledged, “Lee County was ahead of the game with its peer review panels. Judge Rosman was very instrumental in supporting that.”

However, each circuit has created its own administrative orders in its efforts to comply with the 2013 mandate. Consequently, said Paul, “There’s a lot of deviation in the way the panels operate.” That’s one reason the participation of mavens like Neymotin is so integral to the success of the panels in promoting professionalism and the self-policing of the profession with referrals to the panels before escalating to the Grievance Committee when possible. And given her presentation to the commission, she’s now been entrusted with helping frame the debate regarding confidentiality issues, including considerations related to documentation, record keeping, Florida’s Sunshine Law, attendance by members of the public and potential

retaliation by attorneys against reporting parties.

Paul said, “She recognized the problems and the committee recognized the problems, and she took the lead in trying to form a solution through the committee to give guidance to all the panels statewide.”

Neymotin said, “The Honorable Justice Lewis asked if we believe these panels have been working in helping attorneys to stay on the path of professionalism. I explained that in the Twentieth Judicial Circuit we have seen tremendous success with our panel.”

Neymotin’s devotion to professionalism has even drawn the admiration of justice officials in Ukraine. She visited that country by its invitation to help overcome issues such as selective prosecution and corruption.

Her own story begins with her immigration to the U.S. from the former USSR, with its infamous disregard for civil liberties, as a young child.

That citizens can claim the power to change their circumstances is a powerful personal narrative. Because the Supreme Court, the Florida and the LCBA is taking professionalism so seriously, Neymotin’s narrative now includes a better future for the legal profession, the clients and the community.

"Young attorneys will understand that professionalism is to the law as surgery is to medicine. It is impossible to practice without it.” RG

Photos clockwise from top: - Neymotin and Tennessee attorney Frank Abernathy discussed the protection of civil rights with then-Prosecutor General of Ukraine, Viktor Pshonka (right); Neymotin explained the licensing criteria of U.S. attorneys to Galina Kovbasinskaya, who oversees the accreditation of attorneys in Ukraine (left) and a member of her staff; Neymotin examines the credentials granting Ukrainian lawyers the power to practice; September 2015 | RES GESTAE

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RES GESTAE | September 2015

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Community Connection

By Sara Fitzpatrick Comito

We do what’s fun so we can do what’s important. That’s a new tagline Kathryn Kelly just came up with, referencing the Heights Foundation’s increasingly famous fundraising events. Love Your Neighbor, The Lionfish Fest, Blues by the Bay, music jams, bartender competitions and many more signature events have been percolating to the top of many Southwest Floridians’ social calendars, extending the organization’s influence beyond the troubled borders of its service area.

The Harlem Heights neighborhood, with a population of nearly 2,000, is a severely distressed community, with families living in poverty at a rate that is significantly higher than the rest of Lee County. Nearly 800 children and youth live in a mixture of single-family homes and multi-family apartments. Harlem Heights was originally settled as a farmworking community in the 1940s. As farm fields gave way to development, families lost their livelihood and fell into poverty. Isolation from social support, dilapidated housing and lack of medical care plagued the neighborhood for decades.

Kelly was among a team of church volunteers that was stunned by the poor living conditions of the neighborhood while delivering Thanksgiving meals in 1999.

In response, she formed the Heights Foundation less than a year later to provide resources and create positive changes in the neighborhood.

The foundation then realized a major dream in

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RES GESTAE | September 2015

Photos - children at the Heights Center Summer Camp February of 2013 with the opening of the Heights Community Center, which provides wide-reaching educational resources, supports family development and serves as a hub for charitable outreach.

“The work we do is very intentional,” Kelly said. “We know the families in the neighborhood.” Fully 70-percent of the families are run by a single parent. Sixtyseven percent of households speak only Spanish at home.

Twenty percent of households identify as African-American. Eight percent are Caucasian. A most telling demographic is per capita income – only $11,800 in the Harlem Heights neighborhood compared to $29,445 for the greater Lee County community. Such financial disparity works to keep families entrenched in extreme poverty. Kelly’s team works to address the challenges that result from poverty, limited English proficiency and limited education with an impressive list of services and resources that encompass academic support, job training and continuing education and personal enrichment experiences for children, youth, older individuals and families.

The problems associated with poverty are multifaceted, and the Heights Foundation addresses them in a comprehensive manner, including after-school and summer camp educational programs, health and wellness initiatives to prevent chronic disease, companionship and support for elderly residents, Christmas gifts for children who might not otherwise get a visit from Santa, the Harlem Heights United Way House and recreational programs to foster personal connection between residents.

Lee County is a big sprawling swath of real estate. Even if they live clear on the other side of town from Harlem Heights, LCBA members might consider the

Continued on page 24

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Community Connection in upcoming events such as Over The Edge, a chance to rappel down 17 stories without fear of arrest on Oct. 23-24 at the Hyatt Regency Coconut Point Resort & Spa. At Love Your Neighbor in January, featuring Norman Love Confections and Mark Loren Designs, enjoy fine wine and spirits, an assortment of culinary creations from local restaurants, and a live and silent auction at a private Gulf Harbour home.

Continued from page 22 Heights Foundation worthy of their philanthropic dollars. That is, according to Kelly, “if they believe kids need a good education, if people should work for a decent wage or if people need a second chance.” Not only is it intrinsically rewarding to help folks take advantage of opportunities for education, employment and enrichment, stay off the tax rolls and take care of their families, it can be a lot of fun to help by participating

For all the exciting events, sign up for e-updates at www.heightsfoundation.

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RES GESTAE | September 2015

org or follow facebook.com/ heightsfoundation or twitter.com/ heightscntr. For more information contact Kathryn Kelly at (239) 482-7706 or kathryn@heightsfoundation.org. To volunteer contact Jody Callahan at (239) 482-7706 or jody@heightsfoundation. org. RG Photos: left to right - Children receive school supplies though the Heights Foundation school supply outreach program; participants in the Heights Center Culinary Arts Program take pride in having mastered a paella; a child enjoys working in the Heights Center’s computer lab.

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The Dish

In wine-geek terms, provenance refers to the geographical

origin of a wine or its constituent grapes. That simple definition belies a weightier concept, however, one that oenophiles have borrowed from art collectors to denote the chronology or chain of custody of a historical object. Combined with terroir, or the attributes bestowed upon a wine by the conditions of the soil and climate where the grapes were grown, provenance imbues a wine with a narrative that can stoke passions, and command top prices at auction. And who doesn’t enjoy a good story over a glass of wine?

By appropriating the concept of provenance, we discover Prime de Leon can trace its lineage back to 1868. But how can that be, you ask? Doesn’t the Farmer’s Market Restaurant lay claim to being the longest operating eatery in Lee County? And couldn’t you swear Prime de Leon only opened last year in the Morgan House’s former location in Patio de Leon? You’d be correct on both accounts. But back to provenance.

Owner Marc Beauchamp worked in New York City bars and restaurants for 20 years, most recently as floor manager at the venerable 147-year-old establishment called the Old Homestead Steakhouse, right in the middle of the Manhattan

Photos this page: Top left - Dad's day porterhouse steak; middle - interior of the restaurant; right - french onion soup.

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RES GESTAE | September 2015

meatpacking district. So, more than a year since the restaurant’s opening in June of 2014, how does this northern import fare in a spot where some establishments have come and gone in a New York minute (Anyone remember Patio 33?)? True to its name, its concept is as prime as its real estate. Well, minus one thing.

“The parking is hellacious,” Beauchamp admitted. It’s not the only characteristic the restaurant shares with New York institutions like The Old Homestead, whose website crows, “Specializing in the 4 food groups: beef beef beef and beef.” It’s also what’s for dinner – and lunch – at Prime de Leon. Prime beef, the richest, juiciest, most beautifully marbled beef, to be exact. There are vegetarian items, seafood and chicken, to be sure. But the a la carte style menu revolves around steak, and all the accoutrements one could want: delicious compound butters of gorgonzola, truffle, garlic herb or cabernet; classic sauces like au poivre, bernaise, bordelaise, chimichurri, horseradish cream and a house steak sauce; dry herb rubs like coffee or Cajun; luxurious additions like a shrimp scampi skewer, crabmeat Oscar, bleu cheese crust or even a fried egg; and potatoes baked, sweet, whipped with horseradish or fried.

Continued on page 28

Answer the call!

Take a break from the Ordinary

Celebrate the Constitution Become a Speaker in the Schools Every September, we celebrate the drafting of America’s most important document by engaging the younger generation in the LCBA’s Speakers in the Schools program. Be a role model to the next generation of citizens!

For more information on this exciting opportunity, contact Co-Chairs James O’Leary at jlo@jloesq.com or (239) 947-8900 or Eviana Martin at eviana.martin@martinlawfirm.com or (239) 443-1094.

And if you know an educator or administrator in Lee County Public Schools, have them get in touch with Sharon at info@leebar.org or (239) 334-0047 so they don’t miss out on this popular program.

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The Dish Continued from page 26 Prime steak trimmings are ground in house for the prime burger, which comes cooked to order (med rare, please!) topped with a “secret sauce� of handmade mayonnaise, and carmelized onions, fresh pickles, generous slabs of beefsteak (naturally!) tomatoes, aged cheddar and lettuce on a toasted brioche bun that gamely soaks up all the delicious juices. At lunch time, it was enough for two people to share with an order of kebroc salad (Kelly’s broccoli salad, the co-owner’s lighter version of the southern picnic salad, which delivers a pleasingly fresh mustardy zing) and the steakhouse staple that is French onion soup. Many places slap the crouton and cheese on a crock of beef base and onions and call it a day. This will not stand! Prime de Leon’s is a real-deal 48-hour demi glaze flecked with fresh green herbs and diced pork belly. An affordable indulgence is the Taste of Prime Sunset Special three-course dinner for two, available every day from 4 to 6:30 p.m. for $35.

For all the talk of provenance, the wine list is simple and for the most part quite cost-conscious. Having completed some sommelier training, Beauchamp is mostly interested in providing an array of choices that will please everyone.

Elegant dĂŠcor, classic cocktails, friendly servers, offsite catering, a rooftop lounge, a great meeting place during events like Art Walk and an enthusiasm for serving fresh, well executed

The LCBA announces Member-at-Large nominations are now open. A nomination form is available at leebar.org. Please submit your nomination to info@leebar.org. You may nominate yourself or another person you believe would make a good leader for the organization.

Pursuant to the LCBA Bylaws, there will be four Members-at-Large for 2016. • Each of the three Members-at-Large elected by the general membership will serve a twoyear term. • The fourth Member-at-Large will be appointed for a one-year term by the incoming LCBA President.

Only LCBA members in good standing may nominate. It is important that your nomination form be signed. Nominations may also be made from the floor at the LCBA Membership Luncheon meetings in August and September.

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RES GESTAE | September 2015

dishes will likely make this restaurant a prime location for many years to come, and lend a heady dose of provenance to the downtown eating scene. RG t Prime de Leon 11:30 a.m. to 10 p.m. Sunday – Thursday 11:30 a.m. to 11 p.m. Friday and Saturday 33 Patio de Leon, Fort Myers (239) 689-3984 www.primedeleon.com Free street parking every day after 5 p.m.

For private parties and catering inquiries please email kelly@primedeleon.com t

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.

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Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

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RES GESTAE | September 2015

On the Bench Hon. Scott Cupp “An old newbie.” That’s how Judge Scott Cupp refers to himself. He just celebrated his fiftyninth birthday and his investiture in quick succession, but he’s had since December to get used to the new pace of life. Since Governor Scott appointed him to the Hendry County bench, he’s been enjoying a more contemplative rhythm than what was possible as a solo practitioner in West Palm Beach. The volume is less, with the criminal docket bringing the greatest number of cases. “I’m fortunate that’s my wheelhouse,” said the former prosecutor, who has worked with Joe D’Alessandro and former Palm Beach County State Attorney Barry Krischer. Later, he served as head of the Hendry/Glades State Attorney’s Office under Steve Russell.

For other matters in this one-judge county, like the tenant-landlord case on his first day, the judge enjoys the luxury of being able to go through the statute thoroughly, taking his time to learn all the details and getting things right. And you definitely want to get things right when Santa Claus appears before you. When Santa’s suit was damaged by the dry cleaner, things got pretty heated. Judge Cupp was able to get the men talking, though, and the dry cleaner realized it was all a big misunderstanding. Civility ultimately reigned, and a local businessman got a handshake from the jolly big man, rather than a lump of coal in his stocking.

The now-judge was on vacation on Sanibel with his family when he got the news that Judge Sloan would ascend to the circuit bench. His daughters, an attorney and a teacher, reminded him how he used to talk about being a judge. They roundly dismissed his objections that he might be too old. “It’s been one of the few really, really good decisions I don’t have any buyers remorse about,” he mused. One more of those decisions was to hire his JA, Ivelisse, a long-time Hendry clerk. “She has just been a godsend,” he said. “Everyone out here loves her. She makes me look good everyday.”

Judge Cupp already has established ties in the county, where he’s lived and worked before. While he notes changes such as the construction of a Super Walmart, the congeniality of practitioners remains a fixture of country life.

Our firm routinely handles and accepts referrals of appellate matters in both state and federal courts.

Legal advocates for the rights of policyholders in insurance recovery, risk transfer, additional insured coverage, coverage disputes and denials, claim representation, and bad faith litigation.

Representing buyers and sellers in all of their commercial and residential real estate transaction and litigation needs.

Mark A. Boyle, Esq.

Geoffrey H. Gentile, Esq.

Michael W. Leonard, Esq.

Amanda K. Anderson, Esq.

Molly A Chafe, Esq.

2050 McGregor Boulevard • Fort Myers, FL 33901 Ph: 239-337-1303 • Fax: 239-337-7674

Justin M. Thomas, Esq.

Ellen C. Germuska, Esq. Alexander L. Brockmeyer, Esq.

309 S. Fielding Avenue • Tampa, FL 33606 Ph: 813-254-1122

BoyleGentilelaw.com September 2015 | RES GESTAE

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From the Bar Donna Marie Collins, Esq Conflicts of interest, ex parte communication, attorney contact with represented parties, and the challenges presented by open government – such topics provided fertile ground for August’s CLE on ethical concerns in land matters, which featured Lee County Chief Hearing Examiner Donna Marie Collins among the esteemed speakers. Bearing the provocative title “Down in the Dirt,” the presentation provided insights on how to avoid the sticky situations encountered by practitioners of land use law and to procure more favorable outcomes. Even when she can’t deliver good news, Collins feels privileged to be in her role as public servant.

She began in her current position in September of 2013, before which she spent 24 years at the County Attorney’s Office. “Local government law has so many facets that it is impossible to fall into a rut,” she said. Collins now has a narrower focus, and presides over hearings on code enforcement, applications to rezone property and administrative appeals. But the thrill is far from gone. “It is very rewarding to work with the public and development community in a forum that affords opportunities to address the impacts of growth,” she said.

After graduating from Rutgers University School of Law, Collins clerked for an appellate judge before entering private practice with a large law firm in New Jersey. Then she made the wise choice to head for sunny Southwest Florida, where she discovered the joys of public sector service. Her dedication is reflected in her participation on the City, County and Local Government Law Certification Committee for The Florida Bar. Her interest in law was nurtured during high school by her mother’s close friend, an attorney who later took the bench. “She was a remarkable woman sharing many stories about different cases and the law affecting the outcome. These stories peaked my curiosity in the workings of the justice system.”

When not at work or preparing certification exam questions, Collins enjoys spending time with her family. It’s a quieter scene than her early years: “My brother and I were very lucky to have many cousins and a large Italian family that loved to spend time together. I have many happy memories of weekly gatherings with grandparents, aunts, uncles and cousins that were filled with great food, games and conversation.”

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239.690.9840 32

RES GESTAE | September 2015

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From the Bar Guichard St. Surin, Esq. Guichard is a French name of Germanic origin that, loosely translated, means “made strong from combat.” When Guichard St. Surin counsels clients in family law matters, he likes to shield them from battle. “I want them to see past the position they are fighting for and truly get to the root of the issues in order to avoid coming back to court for modification or enforcement proceedings,” he said. He employs a holistic approach to help keep clients’ wellbeing intact, including referrals to financial advisors and psychological counselors to manage the upheaval that inevitably happens in big transitions. “The reward is knowing that I was able to help a family navigate through the storm and uncertainty of divorce and having them come out confident on the other end.”

St. Surin was born in Haiti and grew up in Naples with eight brothers and sisters. Service was a family ethic, which is evident in his siblings’ career choices. An older brother served in the U.S. Army, and did tours in Iraq and Afghanistan. Another is an officer with the Naples Police Department. One sister is a school teacher, with a brother following in her footsteps. St. Surin also married well – his wife is a school psychologist. St. Surin wanted to be an attorney since high school. “That decision was solidified in my third year in undergrad when I won Best Advocate in a national trial competition in my first year of doing mock trial,” he recalled. “From then on I had a burning passion for being in the courtroom.”

He realizes that what separates him from his clients is often just a matter of happy circumstance. He once worked out a 10-year sentence for a 16-year-old charged with aggravated battery with a firearm, punishable by life in prison. “He looked just like my younger brother and I immediately felt a connection with him.” Although his efforts were successful, he felt far from triumphant. “I realized that a lot of these young men have no positive male role models in their life,” he said. Being in a position to serve as such a role model, St. Surin mentors a group of boys on Wednesday nights at his church.

When not at work or volunteering, St. Surin enjoys playing golf.

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THAT HOUSES ALL OF YOUR TRANSCRIPTS, EXHIBITS, WORD INDEXES, CONDENSED TRANSCRIPTS, INVOICES AND MORE FOR YOUR EASY ACCESS IN TEXT OR PDF FORMAT AT NO EXTRA CHARGE. HARD COPIES STILL AVAILABLE, OF COURSE Downtown Fort Myers—2271 McGregor Boulevard, 2d Floor, Fort Myers, FL 33901 South Fort Myers — 13241 University Drive, Suite 104, Fort Myers, FL 33907

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FAX: 239-332-4066 September 2015 | RES GESTAE

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In The News JOSEPH P. D’ALESSANDRO will serve as keynote speaker at the NAACP, Lee County Branch’s annual Freedom Fund Banquet 5:30 p.m. on Friday, October 15 at the Dr. Carrie Robinson Center at 2990 Edison Ave. in Fort Myers. The theme is “Racial Equality in the Criminal Justice System.” Last year, more than 250 community leaders and advocates from Lee and Collier counties attended this event, which is open to the public. For more details and to purchase tickets call (239) 936-2352. At age 30, D’Alessandro was the youngest State Attorney to ever hold the position of State Attorney when he took that post in the newly formed 20th Judicial Circuit, and was elected to office for eight consecutive terms. He joined Goldberg, Racila, D’Alessandro & Noone in 2004.

JESSICA M. FARRELLY has joined Kunkel Miller & Hament as an “of counsel” attorney in the Sarasota office. Jessica is admitted to practice in Florida and Massachusetts. She has extensive civil litigation experience in defending employment claims. Kunkel Miller & Hament, with offices in Sarasota, Tampa, Apalachicola and Fort Myers, is a labor and employment firm representing employers in the private and public sectors.

LAIRD A. LILE, P.A. in Naples is seeking a law school graduate to become its next Resident at Law. The 18-month program provides a transition from law school into practice, similar to a medical residency program. It includes in-depth training in a trusts and estates law practice environment to prepare the attorney for the traditional practice of law. A resume and letter of interest may be sent to Laird Lile at LLile@LairdALile.com. A letter of recommendation from a law school dean or professor is welcome.

NICK MIZELL of Cheffy Passidomo in Naples has joined the Executive Council of the Trial Lawyers Section of The Florida Bar. The Trial Lawyers Section assists the courts in improving the administration of justice, promotes the art of advocacy and preserves and protects the jury system.

Mizell devotes his practice to civil trial litigation and appeals, including business disputes and commercial, product liability, trust and probate cases.

Paralegal NICKIE STEWART in the Commercial Litigation Division of Henderson, Franklin, Starnes & Holt, P.A. received the 2015 Affiliates Award at the annual convention of the National Association of Legal Assistants (NALA). An active member of the Gulf Coast Paralegal Association in Southwest Florida, Stewart was honored for “outstanding contribution and dedication to the advancement of the paralegal profession through volunteer service to NALA affiliated associations.”

THE STRAYHORN FAMILY is celebrating one hundred years in the practice of law in Fort Myers, Fla. Guy M. Strayhorn and his brother-in-law, Leonidas Y. Redwine, opened the firm of Redwine & Strayhorn in 1915 in Fort Myers. Presently, grandsons Guy R. Strayhorn and E. Bruce Strayhorn practice law in Fort Myers.

See more LCBA member news at www.leebar.org/in-the-news, and send your own to resgestae@leebar.org.

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RES GESTAE | September 2015

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2036 McGregor Boulevard • Fort Myers, FL 33901 September 2015 | RES GESTAE

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FT. MYERS, FL PERMIT NO. 147

P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

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

Some things should never change, and the commitment and dedication of your bank is one of them.

As the oldest locally-owned and operated bank in Lee County, we have been here for you for decades with quality service, personal care and local decision making. That is something you can always bank on.

See us for a business loan or a fixed rate residential loan to purchase or refinance. Now is the time to invest in the future, with your local bank.

Our customers enjoy the cost savings of Free Online Banking and Free Bill Pay, the convenience of an Expanded ATM Network and Mobile Banking.

We make banking about YOU! An Equal Housing Lender • Member FDIC Bank of the Islands is an office of Edison National Bank.

For our convenient locations and services, please visit www.edisonnationalbank.com or call 239.466.1800