Guest Attorney

by michael healy, esq. general counsel, lee clerk of court

Three hundred employees. Centuries of court experience. Knowledge of every case type, legal proceeding, petition, motion, writ, and post-judgment collection process. It’s not a white-shoe law firm; it’s the Lee County Clerk of Court. For our very reasonable hourly rate of $0, we’re happy to answer your procedural questions – whether you are new to the practice of law or have decades of experience. Legal research tools, and even the almighty Google, often struggle to provide specific procedural guidance to practitioners. Most law school courses, and the Bar Exam focus on substantive knowledge. Even the law school courses that focus on procedure seem to spend an inordinate amount of time on “minimum contacts” and “stream of commerce”. Most practical procedural knowledge, how to file a case and progress that case through litigation, comes from years of practice. There are procedural differences contained in almost every different case type, and those differences can be daunting when you practice in a new and unfamiliar area of law.

For almost every case type, the Clerk’s office has employees, managers, and supervisors who possess the knowledge, training, and skills to provide guidance on almost any of your procedural questions. The Clerk’s Courts Department is divided into several divisions, including Court Intake (processing filings), Court Records, Court Services, Unified Family, and Customer Service. Each year, our entire Courts Department opens approximately 111,000 new cases, processes 840,000 e-filed documents, answers 160,000 customer calls and assists 60,000 walk-in customers. This highly skilled department is focused on every area of law, including foreclosure, eviction, family, probate, and guardianship. Those teams continuously monitor, and adapt to, the myriad legislative and court rule changes enacted every year by the legislature and judiciary. Those rule changes can alter what is required in a court filing or can create an entirely new cause of action. By the first day those changes go into effect, the Clerk’s office has already prepared and implemented processes and procedures designed to comply with the new rules. One of the main benefits of contacting the Clerk’s office with questions is the person you speak to will often be the same clerk who reviews your filing to ensure it is legally sufficient. The Clerk’s office doesn’t do an in-depth review of any pleadings, but we do make sure you’re filing the correct case type in the correct court. A conversation with a clerk to resolve any questions you have could help you avoid the dreaded e-filing portal “corrections queue”. The Clerk’s Court Services team of approximately 50 clerks supports 26 judicial officers, and it is their job to document the court results, accept evidence on behalf of all parties, swear in witnesses and read the verdict of jury trials. If you work in the courtroom, we encourage you to connect with your court clerks as they are familiar with the judicial preference of the presiding judge. Reaching out to the Lee County Clerk of Court can save you time, save your client money, avoid the correction queue, fix errors and provide invaluable procedural knowledge for use in future cases. It’s also a great opportunity to build positive relationships with people who will be a largely unseen part of your legal practice for years to come. Depending on your area of law, you may also interact with other departments in our highly complex office. Aside from being the Clerk of the Circuit Court, the Clerk also has the constitutional duties of protecting all county Official Records and serving as the county’s Chief Financial Officer, auditor, and treasurer. You can learn more about the Clerk’s office and our services at www.leeclerk.org. If you need assistance, you can also email the Lee County Clerk of Courts and Comptroller Kevin Karnes at kkarnes@leeclerk.org or me at mhealy@leeclerk.org. We look forward to working with you.

The Clerk’s office is a Resource for Young Lawyers

Michael Healy, Esq., has served as General Counsel for the Lee County Clerk of the Court & Comptroller since 2017. Prior to joining the Clerk’s office, Michael was a civil litigation attorney practicing in Monroe County.

by keith grossman, esq.

“I ALWAYS THOUGHT I COULD DO IT ON

MY OWN,” the gentleman, who I will call Brad, says in a courtroom in front of approximately 25 people. This is Lee County Drug Court, and everyone in attendance has voluntarily agreed to participate for two reasons:

• They are interested in having their criminal charges dropped, and • they are looking for help to beat their addiction. Brad is now graduating from Drug Court. He has been in the program for 27 months. He says he was trying to get clean on his own for five years without success. He points out that the structure of Drug Court helped him succeed, especially the ability to connect with a sponsor. Besides applause, Brad receives a certificate for completing the program. Brad‘s sponsor speaks, and congratulates him on his personal growth. The sponsor says Brad has found a new way for living. “We all have problems; we just solve them differently.” Another person, who I will call Sue, also speaks. She already went through the program, and she is here today to give support and motivation to others who are still in the program. Sue spent four years and six months in the program, which is longer than most. She explained she was not committed. She would not follow through on her obligations, and she would lie to the judge about her progress. She would tell everyone what they wanted to hear. “I let myself get in the way of me.” Then Sue relapsed, and she was sent to prison for five years. While in prison, she gave birth to her daughter, who is now nine years old. Sue says it took her two years in prison to get sober. She got involved in supportive programs and changed her friends. “I surrounded myself with people who are positive and want something in their lives.”

Sue has now been sober four years. She says it would’ve been easier “to just admit in Drug Court that I was struggling.” Sue explains it is not like other court proceedings in the legal system. “They ask,

‘What can I do to help you?’” On this day, Judge Leigh Frizzell Hayes is overseeing

Drug Court. She shares the duty with Judge Josephine Gagliardi. Judge Gagliardi also overseas Mental Health Court and Veterans Court, which are similar in their approach and targeted to those specific demographics. Collectively, these courts are called treatment courts.

The treatment courts are designed to divert cases from the traditional court system for people who are diagnosed with severe substance abuse or mental health disorders. Participants must meet certain requirements to be approved, and a primary goal is to prevent participants from committing new offenses. The treatment courts are for adults only. A potential participant must be a Lee County resident, must be evaluated and recommended to benefit from the program, have a pending felony and/or pending Violation of Probation charge and not previously participated in the program. Judge Hayes clearly displays the supportive atmosphere Sue refers to. When speaking to the participants, her tone is welcoming, positive, and nonjudgmental. All participants have an opportunity to speak and talk about what is happening in their lives. They discuss their successes, their support network, and their work status.

Judge Hayes facilitates the discussion, asking questions intended to elicit both successes and challenges. She congratulates them on their progress, and she encourages the other participants to applaud. If a participant talks about struggles, Judge Hayes discusses options to help support them with their challenges. This is Judge Hayes’ second time in Drug Court. The first time she presided over the court for eight years, and then was moved to Charlotte County. Several years after returning to Lee County, she was assigned to Drug Court once again. Judge Hayes appreciates the influence the court can have with the participants. She says, “It’s a wonderful opportunity to change their lives. It’s not like any other court.” For all three treatment courts, the participants must plead to their criminal charges and be placed on probation. Assistant State Attorney Amy Kosinski has worked in Mental Health Court since 2001, Drug Court since 2014, and Veterans Court since its inception. Kosinski says referrals to the treatment courts come from judges and other attorneys, and first and foremost, the defendants need to be interested in participating. She says it’s a voluntary program that gives the participants tools for continued success. “We want people who aren’t looking to fight the charges.” A clinician assesses the participants and participants are provided an individualized treatment plan. Assistance and treatment is coordinated throughout the program and progress toward goals is monitored closely. Their sentence is vacated after successful completion of the program. Judge Hayes explains the structure of the courts is built around the idea “the longer they can stay sober, the better their chances of succeeding.” Additionally, Mental Health Court encourages cooperation between the criminal justice system and community mental health providers. At the end of January 2022, there were 84 active participants in Drug Court, 63 participants in Mental Health Court and 29 participants in Veterans Court. There are more than 3,000 drug courts operating in the United States. Generally, they include the following five steps in their approach: • Offender screening and risk assessment. • Judicial action.

• Supervision, monitoring, and drug testing. • Graduated incentives or sanctions.

• Better availability of treatment and rehab services. Lee County Drug Court is structured in five phases. In Phase I, they come to court every week. In Phase 2, they come every other week. According to Amy Kinsey, Criminal Division Director of the 20th Judicial Circuit Administrative Office of the Courts, the average participant takes 20 months to complete the Drug Court. Judge Hayes says, “If you use, you’re not going to phase up as fast.”

Kosinski says, “The motivation of the Defendant for change is a big factor for success.”

Also according to Kinsey, the average participant takes 9.9 months to complete Mental Health Court and 16.6 months to complete Veterans Court.

Judges have several options when a participant isn’t in compliance with the program. The judge can ask for enhanced treatment services when a relapse occurs. They could order daily drug tests. Of course, the participant could be removed from the program and incarcerated.

It's a wonderful opportunity to change their lives. It's not like any other court. – judge leigh frizzell hayes –Judge Josephine Gagliardi Judge Leigh Frizzell Hayes

the Office of the State Courts Administrator, drug courts are proven to be highly cost effective. Cost benefit studies have concluded that drug courts save on average $3,000- $12,000 per participant. On average, every $1 spent on drug courts was estimated to result in a cost saving of $1.74 to $6.32 per participant.

It’s believed:

• the costs of the courts are less than incarceration, • the programs reduce the level of criminal behavior and drug abuse, • people with drug abuse and mental health concerns receive treatment, • participants stay in treatment programs longer, • there can be a comprehensive approach so treatment programs can work with other rehabilitative services, • the programs raise community awareness about service availability. Critics of these programs say: • offenders receive a lighter sentence, • the programs could encourage people to break the law in order to obtain treatment, • there is less supervision than traditional probation, • participants must waive their right to a trial, • if a participant is unsuccessful, they could receive more jail time than if they had entered a standard guilty plea. According to Kinsey, in Drug Court, the average success rate was 58% for fiscal year 2020-21, with a 56% average success rate since inception of the program. The overall 1-year recidivism rate for successful completions between 2017-2020 was 23.35%.

In Mental Health Court, the average success rate was 81% for fiscal year 2020-21, with a 71% average success rate since inception. The overall 1-year recidivism rate for successful completions between 2017-2020 was 9.33% In Veterans Court, the average success rate was 100% for fiscal year 2020-21, with a 78% average success rate since inception. The overall 1-year recidivism rate for successful completions between 2017-2020 was 13.95%.

Kosinski says, “When it does work, it feels great to be a part of it.” Additionally, she says some participants have surprised her. “I learned I can’t take things for granted.” When Brad’s sponsor addresses the courtroom, he says “I thank this type of system for being here. We didn’t always have this, and they just put people away. You all have an opportunity. And I used to be in your shoes.”

LCBA attorneys provide free legal advice during

by keith grossman, esq.

“I work at a gas station and my boss told me if I take off work, I will be replaced. Can I get unemployment?” “My landlord won’t fix my sink. How can I get out of my lease?” “I want to move out of the home that I share with my boyfriend. Can I take our two kids and leave?”

These are the types of questions volunteer attorneys from the LCBA may hear at the Law in the Mall service event on April 30, 2022, from 10:00 a.m. through noon at the Edison Mall. Law in the Mall is one of the many events that take place during Law Week, which is April 30 - May 6, 2022. Law in the Mall is one of the most important service events offered during the year by the LCBA. Local attorneys provide free legal advice to Lee County residents who may not otherwise be able to afford legal services. People who don’t know how to access legal help or are intimidated to do so, may simply stop by and request one-on-one time with an onsite attorney. There is no appointment or pre-qualification necessary. Legal questions may be in the areas of divorce, probate, criminal law, bankruptcy, real estate, foreclosure and many others. Attorneys answer questions and provide direction about circumstances that fall within their practice areas. The more lawyers who volunteer, the more legal help can be provided to our community. It’s also an opportunity for attorneys to fulfill the aspirational goal The Florida Bar sets of at least 20 hours of pro bono work per year. In past years, as many as 30 attorneys have donated their time and expertise. Attorney Ryan O’Halloran, who serves as co-chairperson for Law in the Mall, has said in the past, “Since its inception, Law in the Mall has paired hundreds of leading attorneys with thousands of Lee County citizens to provide pro bono legal advice to those who may not be able to afford legal services otherwise.” Attorney Katherine Camadeco, who also coordinates the event, says volunteer attorneys will gather in the atrium of Edison Mall, near the Dillard’s entrance. Camadeco is seeking volunteer attorneys to help. There’s a sign-up sheet available at the LCBA website, and LCBA Executive Director, Lauren Baugh, will be emailing all members a link to the sign-up sheet. Camadeco also plans to reach out to members of the Young Lawyers Division and other attorneys encouraging them to participate. Camadeco publicizes the event by sending notice to Lee County Legal Aid, Florida Rural Legal Services, Lee County Clerk of Court’s Self-Help Center and many other organizations that serve people who are unable to hire an attorney.

The Law Week activities are built around the American Bar Association’s Law Day, which is May 1st. The American Bar Association first suggested the idea for a Law Day in 1957 as a special day for celebrating our legal system. Law Day celebrates the importance of the U.S. legal system and judicial branch. Law Day was originally proposed by American Bar Association President Charles Rhyne, and officially established by President Dwight D. Eisenhower’s proclamation. President Eisenhower issued his proclamation establishing a Law Day in 1958 and his proclamation stated, “I urge the people of the United States to observe the designated day with appropriate ceremonies and activities.” Congress passed a joint resolution on April 7, 1961, to dedicate May 1st every year as a day to celebrate the rule of law and its contributions to our country’s freedoms. Every President since that time has issued their own annual Law Day Proclamation. week of activities in 1994. The Hon. John S. Carlin has continued to chair the event since its inception. During Law Week each year, the LCBA presents educational, social, community service and awards events, including a blood drive run by Law Week committee member, Luis Rivera.

Other Law Week events include: Blood Drive: May 5th from 8:00 a.m. to noon across from the Lee County Justice Center

LCAWL Judicial Reception: May 5th from 5:00 to 7:00 p.m. at The Edison restaurant

Second DCA Oral Arguments: May 6th from 8:30 to 11:30 a.m. at the Lee County Justice Center, Courtroom 1-A

Awards Luncheon: May 6th from 11:30 a.m. to 1:00 p.m. at The Edison restaurant