2506 Briefs

WELL-BEING IN LAW

Christine Wasula on how personal health impacts professionalism

AWARDS REMARKS

LAW WEEK RECAP

Hon. Margaret Schreiber on the three tenants of professionalism

A PUBLICATION OF

See the highlights from this year’s Law Week festivities

JUNE 2025 VOL. 93 NO. 5

TEAM SPIRIT Get to know the 2025-26 OCBA president

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Contents 6I

CLEAR EYES, FULL HEARTS, CAN’T LOSE Legacy Through Leadership.

LETTERS FROM LEADERS

08 I CLERK’S CORNER Exciting Expansion

The Honorable Tiffany Moore Russell, Esq. FROM THE COMMITTEES

12 I PROFESSIONALISM COMMITTEE

LEGAL AID SOCIETY

20 I WHAT WE DO VALOR Project Eric Reed

22 I GUARDIAN AD LITEM

Parental Rights Proceeding Kate York

SIDEBAR: NEWS / EVENTS / UPDATES

24 I YOUNG LAWYERS SECTION Ritcy Canelon, Esq.

26 I VOLUNTARY BAR Alena V. Baker, Esq.

Health and Professionalism in Law Christine Wasula, Esq.

14 I AWARDS REMARKS Fairness, Integrity and Civility

Judge Margaret H. Schreiber

16 I LAW WEEK

Law Week 2025

ADVERTISING DEADLINES

Magazine: 10th of month prior to publication eEdition: 20th of month prior to distribution Copy: Six weeks prior to publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained herein, are those of the authors and do not reflect official endorsement by the Orange County Bar Association or its officers and directors, unless specifically stated as such. ©2023 Orange County Bar Association. All rights reserved. ISSN 1947-3968

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O C B A J U L Y LU N C H E O N 880 N. Orange Ave., Orlando, FL 32801 Phone (407) 422-4551 Fax (321) 430-1558 orangecountybar.org Legal Aid Society (407) 841-8310 Citizen Dispute (407) 423-5732 Family Law Mediation (407) 423-5732 Lawyer Referral Service (407) 422-4537 Foreclosure Mediation (407) 515-4330 Young Lawyers Section (407) 422-4551 _________________

the Briefs JUNE 2025 VOL.93 NO.5

Editor Kate T. Hollis Associate Editors Christine Wasula Tina Leger Columnists Alena V. Baker Sean Mendez-Caitlin Officers Keshara Cowans, President Lisa Gong Guerrero, President-Elect Michael Barber, Treasurer Brandon Sapp, Secretary Cooper Powell, YLS President Executive Council Stephanie Alcalde Onchantho Am Jill Davis Kate T. Hollis John M. Hunt Bruce Mount Conti Moore Alisia Profit Rafael O. Rodriguez C Andrew Roy C. Todd Smith Jennifer Thomas Executive Director Candice Disorbo Advertising & Sponsorship Manager Ursla Gallagher Marketing & Communications Manager Reatha Cruz-Johnson

THE STATE OF THE NINTH CIRCUIT

Thursday, July 17, 11�30am–1pm at Marriott Orlando Downtown 400 W Livingston St, Orlando, FL 32801

A Historic Conversation with the 9th Circuit’s Influential Women in Leadership. Join us for an historic conversation, at our NEW location, spotlighting the influential women leading the Ninth Judicial Circuit.

Hear from State Attorney Monique Worrell, Public Defender Melissa Vickers, and Clerk Russell as they share insights on leadership, justice, and the future of our courts.

RSVP by Monday, July 14, 2025 Ashley Velez ashleyv@ocbanet.org | orangecountybar.org/store RSVPs and cancellations will not be accepted after July 14, 2025.

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MORE EVENTS

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PRESIDENT’S MESSAGE

CLEAR EYES, FULL HEARTS, CAN’T LOSE Legacy Through Leadership.

Keshara D. Cowans, Esq., serves as a Staff

Attorney, EEO and Equity Officer, and District Title IX Coordinator in the Office of Legal Services for Orange County Public Schools (“OCPS”), the fourth-largest school district in Florida and the eighth-largest in the nation. Ms. Cowans has practiced law for over 17 years. Her primary practice areas include labor and employment, employment discrimination, and Title IX compliance. She also serves as the legal advisor for the OCPS District Police Department.

If you’re a fan of Friday Night Lights, you already know this phrase—it’s more than a rallying cry from a beloved TV series. It’s a mindset. One that resonates far beyond the football field. As I begin my term as president of the Orange County Bar Association, these six words have been echoing in my mind—not just as a former cheerleader, flag football player, runner or a sports enthusiast, but as someone who’s spent almost eighteen years in the legal profession, where clarity, heart, and resilience matter just as much as they do on game day.

CLEAR EYES.

Clarity is everything. In sports, it means keeping your eye on the ball. In our profession, it means keeping focus amidst constant change—new laws, evolving technology, shifting societal needs. Being clear-eyed requires us to stay grounded in our purpose while adapting with integrity. We must see the challenges for what they are and remain honest with ourselves about how we can meet them. That means making space to listen, to learn and to lead with intention—whether we’re in the courtroom, mentoring a young lawyer or serving our broader community.

let’s lead with generosity: of time, of spirit, and of presence. Let’s uplift one another, mentor generously and show up fully—not just for our clients, but for each other.

CAN’T LOSE.

Winning in this context isn’t about scoreboards. It’s about legacy. When we combine clear vision with full-hearted commitment, we create something enduring—a community of lawyers who are not just excellent at what we do, but deeply invested in how and why we do it. That’s the kind of success that lasts. And that’s the kind of bar association I’m honored to lead this year.

I’m proud to be on this team with you.

Let’s move forward with clear eyes, full hearts—and the kind of purpose that truly can’t lose.

Let’s get to work. Together.

FULL HEARTS.

There’s a reason we call it the “practice” of law—it’s as much about people as it is about statutes and procedures. A full heart reminds us why we do what we do. Our work can be intense, even consuming. But when we root ourselves in compassion, connection and shared purpose, the experience becomes richer—and more human. This year,

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(OPPOSITE PAGE): Set against the powerful backdrop of the Hannibal Square mural, this cover honors a legacy of civic courage and pays homage to a proud Black community that shaped Winter Park’s founding story.

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CLERK’S CORNER

EXCITING EXPANSION Self Help Services Now Available in Winter Park

The Honorable Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

I’m thrilled to share that I have been able to expand Self Help services to our new courthouse location in Winter Park. This is the second site where individuals who are representing themselves in court can now receive affordable legal assistance. This expansion is an important milestone in my ongoing commitment to improving access to justice for all residents in our community.

I was honored to introduce the first Self Help Center for Orange County in 2015 at the main Courthouse in downtown Orlando, and seeing how much it helped those in need, inspired me to expand the program. Many people in our community cannot afford the high cost of hiring an attorney, and I saw firsthand the struggles of those seeking legal guidance without the means to pay. That’s why these services are so close to my heart.

AFFORDABLE LEGAL HELP FOR EVERYONE

Just like the original Self Help Center, the Self Help services at the new Winter Park location will provide affordable attorney consultations for just $1 per minute. These consultations can be scheduled in 15-minute increments, with a maximum of one hour per person per day. I’m proud that these affordable rates are available to everyone, regardless of their financial situation, and that we’re helping people who might otherwise have no way to navigate the legal system.

This expansion wouldn’t have been possible without the wonderful partnership we’ve developed with the Orange County Bar Association. Thanks to their support, we’re able to offer these essential services at both the downtown Orlando courthouse and our new Winter Park location. All attorneys who assist in these consultations are volunteers from the OCBA and the Legal Aid Society,

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and while they can provide legal guidance and answer questions, they cannot represent individuals in court.

THE SERVICES WE OFFER

At both locations, we assist with specific case types, which include: • Family Law (excluding restraining orders) - Child Custody - Divorce - Paternity • Small Claims (cases involving $8�000 or less) • Residential Evictions These are some of the most common legal matters that people face, and we’re here to provide the support they need to better understand their options and next steps. I know how overwhelming legal matters can be, especially for those without legal representation, and our Self Help services are designed to provide clarity, guidance, and an affordable option for navigating these important issues.

CONVENIENT IN-PERSON AND VIRTUAL CONSULTATIONS

I understand that life can be busy, and many people have challenges attending in-person consultations. That’s why we’re offering both in-person and virtual consultations to make it as convenient as possible for you to access the help you need. In Winter Park, in-person consultations are available on Thursdays, while at the downtown courthouse, we’re offering consultations on Tuesdays. For those who prefer to meet virtually, we offer remote consultations on Mondays, Wednesdays, and Fridays.

In addition to the attorney consultations, our Self Help services also include assistance

TOGETHER WE WILL CREATE A MASTERPIECE

KIMBERLY SANDS • FIRM PRINCIPAL • MEDIATOR Kimberly makes sure parties see the complete picture while they work toward resolving their dispute. Whenever they feel painted into a corner, she is there to help them find a creative and constructive way out.

You can trust a mediator who gives her complete attention to all the details. Learn more about Kimberly and the entire mediation team by visiting our website at UWW-ADR.com or calling 800.863.1462.

Orlando • Ormond • Ocala • Jacksonville • West Palm • Fort Lauderdale • Miami • Tampa • Birmingham

CLERK’S CORNER

We’re here with completing legal forms, as well as no- to help guide you through the legal process and copy services. Many people strugand provide the support you need to move to help tary gle with filling out legal forms correctly, and forward with confidence. guide you we’re here to help ensure that your docuAgain, thank you to the Orange County Bar ments are properly completed, saving you Association for their unwavering support in through time and potential frustration. making these services possible, and to evthe legal eryone who continues to help us in our mission to improve access to justice in Orange process and A CONTINUED COMMITMENT TO ACCESS County.

TO JUSTICE provide the This expansion is just the beginning. As Clerk For more details and to schedule a consulsupport of Courts, I remain dedicated to improving tation, visit www.myorangeclerk.com. Let’s to justice for every citizen in Orange work together to ensure justice is available you need access County. With the help of the OCBA and the to all. to move wonderful team here at my office, I’m confiforward dent we’ll continue to find new ways to make Warm regards, the legal system more accessible and affordwith able for everyone. confidence. If you or someone you know needs assistance with family law, small claims, or residential eviction matters, I encourage you to take advantage of these services. We’re here

Tiffany Moore Russell Orange County Clerk of Courts

is proud to announce

Tara Zimmerman has joined our distinguished panel of neutrals

Tara Zimmerman is a Florida Supreme Court Certified Circuit Civil Mediator with over two decades of diverse legal experience. She has extensive experience representing clients in litigation and has served as in-house counsel to a wide range of organizations. Tara is dedicated to helping individuals and organizations find equitable, effective, and lasting solutions to their disputes.

To learn more about Tara and to schedule a mediation, please visit:

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The Health Care Professional’s Advocate for More Than 30 Years

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PROFESSIONALISM COMMITTEE

HEALTH AND PROFESSIONALISM IN LAW Christine Wasula, Esq., is a partner at Cole, Scott & Kissane PA. She has been a member of the OCBA since 1998.

Why well-being matters in legal practice.

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he legal profession is known for its high standards, intellectual rigor, and dedication to justice. However, it is also notorious for demanding hours, intense pressure, and a culture that often prioritizes productivity over well-being. In recent years, the conversation around health—both mental and physical—has gained traction in the legal world, as more practitioners and institutions recognize the vital link between health and professionalism.

THE DEMANDS OF LEGAL WORK

duct. But modern definitions increasingly include the ability to maintain perLegal professionals often sonal well-being. Why? Beface long hours, highcause an unwell lawyer stakes cases, client prescannot consistently meet sure, and a culture of perethical obligations, remain fectionism. These factors competent, or serve clients can lead to chronic stress, effectively. burnout, depression, anxiety, and even substance A lawyer’s duty of care— abuse. According to studto clients, courts, and colies by the American Bar As- leagues—requires sound judgment, clear thinking, sociation and other proand emotional resilience. fessional bodies, lawyers experience mental health These are all compromised issues at rates higher than when health is neglected. many other professions.

HEALTH AS A COMPONENT OF PROFESSIONALISM

Traditionally, professionalism in law has been viewed through the lens of ethics, competence, and con-

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• Confidential mental health support • Wellness programs • Policies that encourage work-life balance • Education on managing stress and preventing burnout These initiatives not only support individual lawyers but also protect clients and enhance the overall integrity of the legal system.

BUILDING A HEALTHIER LEGAL CULTURE

Improving health in law isn’t just about individual choices — it requires a cultural shift. Normalizing conversations about mental health, reducing stigma, promoting supportive environments, and rethinking billable hour expectations are steps toward a healthier profession.

Professionalism in law must evolve to reflect the reality that lawyer well-being is essential to competent and ethical legal practice.

A HEALTHY EXAMPLE

One of our student members of the Professionalism Committee, Alexander Saul, is a shining example of a future lawyer who is taking a healthy approach to balancing the demands INSTITUTIONAL of the practice with his physical and mental health.

RESPONSIBILITY Law firms, bar associations, Although Alex has worked and law schools are begin- multiple jobs while in law ning to address this issue. school at Barry University Many now provide resourc- School of Law, he has also es such as: made time for his family,

including an 18-month-old, and time to participate in the Florida Ironman competition, which of course is physically demanding but also is rewarding and a needed respite from the mental demands of law school. These activities and priorities have helped Alex to balance the stress of law school and with the importance of physical and mental health, and he has a bright future as a result (including a summer clerkship at our firm!).

ONE FINAL NOTE

On a personal note, I recently received an unex-

pected medical diagnosis — a 4+ cm brain tumor called a petroclival meningioma — that requires serious treatment, including two surgeries and radiation, and a medical leave of absence from three to six months.

Since receiving the diagnosis, I have been overwhelmed with support from my friends, family, colleagues, and law firm, and the diagnosis did not cause me to rethink the way I had been living my life but rather made me grateful I had always made work-life balance a priority. Also, because I always made it a goal in my

professional career to assist others and treat others with kindness and respect, my friends and colleagues around me were more than willing to return the favor.

The experience has confirmed that one’s treatment of others as a lawyer and a professional will almost certainly be returned back on them at some point, so please do everything you can to follow the golden rule and “do unto others,” i.e., treat others as you would like to be treated.

This fundamental ethical principle, which emphasizes empathy and kindness and the importance of re-

ciprocal actions, suggests that kindness and respect are likely to be returned.

By applying the principle of “do unto others,” lawyers can foster positive interactions, build stronger relationships, and contribute to a more harmonious environment.

So please, for the sake of yourself, your friends, and your colleagues, start applying this principle immediately (if you are not already doing so) so something like a negative medical diagnosis can turn into a positive event when you see the kindness and support returned in your favor.

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AWARDS REMARKS

FAIRNESS, INTEGRITY AND CIVILITY Balancing the Legal Table.

M

Judge Margaret H. Schreiber James G. Glazebrook Memorial Bar Service Award

The definition of professionalism is equally simple: fairness, integrity, and civility.

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table. Court rulings serve as foundational guideposts – precedent for future cases.

Upholding (or overruling) this precedent with integrity for the entirety of the legal system ensures stability, consistency, and predictability. As judges, we rely on attorneys’ professional integrity to guide us – to tell us the law you believe should apply to your case, and why. Judges then spirit of liberty is the spirThe Florida Bar Oath of it which weighs their inter- analyze that law through Admission states: “To opests alongside its own with- the lens of judicial integriposing parties and their ty to historical precedent out bias.” counsel I pledge fairness, in order to render decisions integrity, and civility, not that embody fairness.

The spirit of liberty in only in court, but also in The third leg of profesthe law is Fairness, the first all written and oral comsionalism is Civility. The munications.” Fairness, in- leg of my grandmother’s Florida Bar Board of Govtable. It’s justice. It’s the tegrity, and civility, I subernors adopted a Creed of last line of the Pledge of mit, are the three legs of Professionalism on Januprofessionalism. Leave one Allegiance: “With liberary 30, 2015, after approval ty and justice for all.” It’s out and, like my grandby the Florida Conference every lawyer going to mother’s 3-legged table, professionalism is doomed court to argue fairness for of Circuit Judges. The stated purpose of the Creed is their client by carefully to fail. navigating binding or per- to “memorialize the proIn 1944, at a ceremony fessional obligations that in New York City’s Central suasive legal precedent.

Park, Judge Learned Hand It’s every judge navigating underlie an attorney’s obligations to his/her clients, that precedent to render said of liberty: the judiciary, and the adWhat then is the spirit of a decision that is fair and ministration of justice.” just and follows the laws liberty? I cannot define it.

The Creed embodies fairpassed by the legislature I can only tell you my own ness, integrity, and civilas interpreted by our prefaith. The spirit of liberty ity, providing in part: “I decessors on the bench. is … the spirit which seeks will … at all times be guidIntegrity is the second to understand the minds of ed by a fundamental sense other men and women; the leg of my grandmother’s

y grandmother Marguerite had 2 matching round tables at each end of her sofa. I inherited both tables, and currently have the sole survivor. It’s small – just shy of 2 feet high and 13 inches in diameter, with a brown marble top and a brass decorative edge. It sits on a mahogany spindle base which ultimately spreads out to balance on 3 delicate legs. But for all its apparent fragility, it’s strong and it’s stable. Take away one of the legs, however, or place it on unstable ground, and it will fail.

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of honor, integrity, and fair play … [and] at all times act with dignity, decency, and courtesy.”

Fairness. Integrity. Civility. The 3 legs of my grandmother’s table; the 3 legs of professionalism. Those legs require context and a story – a sturdy base. That base is “wordsmithing.”

Words have strength. As noted by Solomon, “Words kill, words give life; they’re either poison or fruit – you choose.” Nathaniel Hawthorne penned: “Words – so innocent and powerless as they are, as standing in a dictionary, how potent

for good and evil they become in the hands of one who knows how to combine them.”

Writers, poets, orators, and judges have honed this skill throughout the centuries, using language to motivate, convey meaning and conjure emotions.

Wordsmithing is harnessing the power of language to inspire and persuade: “we the people;” “injustice anywhere is a threat to justice everywhere;” ”we hold these truths to be self-evident;” “I have a dream.” There isn’t a person today who on hearing

these phrases doesn’t feel, think or understand exactly what the speaker hopes you will.

Each of us is a wordsmith – of what is written and what is spoken.

That is our collective craft, binding us together. In the words of one of history’s greatest wordsmiths, Winston Churchill, “all the great things are simple, and many can be expressed in a single word: freedom, justice, honor, duty, mercy, and hope.”

The definition of professionalism is equally simple: fairness, integrity, and

civility. As protectors of the rule of law we collectively have a duty to uphold respect for the laws and for our court systems – even in the fiercest of legal battles. We owe it to ourselves and to our craft to foster professionalism whenever and wherever we can – to place the 3 legs of professionalism on a strong and stable base.

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LAW WEEK

LAW WEEK 2025

possible, including local judges, educators, and community partners.

The event Empowering the Next Generation Through STUDENT SPOTLIGHTS Youth engagement took paid tribute Civic Engagement. center stage throughout the to the many he Orange County Bar Association’s 2025 Law week. Elementary students Week was a powerful reminder of how civic explored courtroom basics individuals education and community involvement shape through imaginative mock and the future of justice. Held under the unifying theme E trials like BB Wolf v. Curly Pig, while middle schoolers organizations Pluribus Unum—“Out of Many, One”—the week highlighted our shared responsibility to uphold the principles participated in the engagwho made Law of democracy and law. ing Civics Teach-In. These activities brought history Week possible, to life and emphasized the including importance of participalocal judges, HONORING CIVIC DUTY ered to reflect on the imtion in civic life.

The annual Law Week portance of legal educaAt the high school level, educators, and Luncheon served as the tion, public service, and Boone High School stood community heart of the celebration. civic leadership. The event out in the Mock Trial Compartners. With gratitude to our gen- paid tribute to the many petition, demonstrating

T

erous Title and Supporting Sponsors, attendees gath-

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individuals and organizations who made Law Week

professionalism and sharp legal skills.

OCBA Executive Council, Law Week Committee, and Foundation celebrate this year’s inspiring Law Week participants with many of our members.

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LAW WEEK The Poster and Speech Contests gave students the opportunity to express their understanding of law through creativity and public speaking. Congratulations to our winners:

• 1st: Eslyn Meertens, Evans High School • 2nd: Anabella Creson, Boone High School • 3rd: Shyla Hardowar, Boone High School

POSTER CONTEST – MIDDLE SCHOOL

• 1st: Shyla Hardowar, Boone High School • 2nd: Karla Lopez, Boone High School • 3rd: Wendeline Lubin, Evans High School

• 1st: Amba Hardowar, Blankner School • 2nd: Jaella Chauvel, St. James Cathedral School • 3rd: Kaelyn Chen, Chinese School of CAACF

POSTER CONTEST – HIGH SCHOOL

in open dialogue with professionals about legal careers and public service.

Local scouts also participated by earning their Law Merit Badge, using George Washington’s legacy as a model for civic responsibility and ethical leadership.

SPEECH CONTEST

WHAT DIFFERENCE WILL YOU MAKE?

Law Week 2025 reminded us that civic engagement This impactful week would begins with education and not have been possible empowerment. As we look without the collaboration to the future, we invite evof our local judges, OCPS eryone—students, proboard members, teachers, fessionals, and communiand volunteers. We also ty members alike—to ask thank the Ninth Circuit themselves: What differState Attorney’s and Pubence will you make?

A COMMUNITY EFFORT

MENTORSHIP & LEADERSHIP College students benefited from the Attorney Roundtable, where they engaged

1

lic Defender’s Offices, University of Central Florida Legal Studies department, and all the individuals who contributed their time and expertise.

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3

4

1 College: Attorney Roundtable 2 Scouts: Law Merit Badge 3 High School: Mock Trial Competition 4 Elementary: BB Wolf v.

Curly Pig

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5 High School: Mock Trial Competition

LEGAL AID SOCIETY: WHAT WE DO

VALOR PROJECT Serving Those Who Served Us through the Legal Aid Society’s VALOR Project.

Eric Reed

Partner, Lawson Huck Gonzalez PLLC Member of the Orange County Bar Association since 2000.

For more information about joining the Legal Aid Society’s VALOR Project, contact Jay Mobley, General Litigation Director, at jmobley@legalaidocba.org.

For more information on becoming a Legal Aid financial donor contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or 407-515-1850.

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legal remedy, veterans express deep gratitude simply for the opportunity to be listened to and to better understand their options.

I have found these twice-monthly meetings at the Lake Nona VA Medical Center and the once monthly meetings at the Lake Baldwin VA OutpaVeterans Advocacy Legal their VA medical providers, tient Center to be among the most rewarding expeOutreach and Representa- often while battling seririences of my career. There tion, commonly known as ous health issues, finanis a resilience in these vetcial instability, or housVALOR, is a medical-legal ing insecurity. Legal issues, erans, but there is also a partnership between the profound relief when they whether related to housLegal Aid Society of the Orange County Bar Associ- ing, benefits, family law, or realize someone is standing in their corner. Their consumer matters, often ation, the Orlando VA Relegal issues are often comgional Medical Center, and add another layer of difficulty to their lives. VALOR plex, spanning multiple the Baldwin Park Outpaareas of law, but the act of tient Center. The program’s provides them with a bridge — a way to address addressing these issues — mission is straightforand giving them attention legal concerns that, left ward: to provide low-inand respect — has a real come veterans with access unresolved, could spiral into even larger problems. impact beyond the courtto free civil legal assisroom. It can mean the difThe program’s emphatance and representation. sis on personal connection ference between losing The broader goal is to restable housing or keepduce stress levels, stabilize is what truly sets it apart.

Veterans are given the op- ing it; between navigating housing and income, importunity to meet face-to- benefits bureaucracy or prove access to benefits, giving up; between hope face with an attorney, tell and ultimately enhance and despair. their story, and, imporveterans’ overall well-beWorking with the VALOR tantly, feel heard. Someing and health outcomes.

Project has also reminded Over the past 2 ½ years, times we can offer direct legal representation; other me of the unique position my involvement with we hold as attorneys. We times, we provide advice, VALOR has shown me referrals, or practical guid- are not just problem-solvfirsthand how vital this ance. Even in cases where ers. We are listeners, adprogram is. Veterans are referred to VALOR through there may not be a perfect vocates, and, at times, life-

hen I first discovered the VALOR Project in 2022, I saw it as a unique opportunity to make a meaningful impact on the lives of those who have sacrificed so much for our country. As attorneys, we often look for ways to give back to the community, and through VALOR, I found a direct and impactful way to serve a group that is often underserved — our veterans.

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Veterans are given the opportunity to meet faceto-face with an attorney, tell their story, and, importantly, feel heard. lines. The veterans I have met through this program are proud, self-reliant individuals who are not always comfortable asking for help. Through VALOR, we provide veterans with a dignified way to seek that assistance and receive it from someone who cares.

I am grateful to the Legal Aid Society and the Orange County Bar Association for creating and supporting the VALOR Project.

I encourage every attorney who has the time and ability to get involved. You do not have to be an expert in every field of law to make a difference — you just have to be willing to show up, listen, and lend your skills to those who have already given so much.

Supporting our veterans through VALOR goes beyond resolving legal issues; it honors their service in a tangible, personal, and lasting way.

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Find a complete list of vendors at orangecountybar.org/for-attorneys/ member-benefits/featured-benefits/ To become a Preferred Vendor, contact our Advertising & Sponsorship Department.

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LEGAL AID SOCIETY: GUARDIAN AD LITEM

PARENTAL RIGHTS PROCEEDING

The Role of a Pro Bono Guardian ad Litem in a Termination of Parental Rights Proceeding.

Kate York

Kate practices dependency law as a Guardian ad Litem Attorney. Guardians ad litem represent the best interest of children who have been abused, abandoned, or neglected by a parent or guardian.

This includes advocacy in and out of court.

1. Florida Statute §39.501(1) (2024).

2. Florida Statute §39.822(2)(a) (1-5) (2024).

3. Or in very unusual circumstances, against a single parent. See Florida Statute §39.811(6) (2024).

4. Florida Statute §39.621(7) (2024).

5. Florida Statute §39.807(2)(c).

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stances where the child(ren) cannot be safely returned to the parents, regardless of the provision of services.

In these cases, the Department will file a termination of parental rights petition subject of the appointagainst the parents.3 The ment, review all dispopurpose of a termination of sition recommendations parental rights petition is and changes in placeto legally sever the parents’ ment, and, unless exrights to the child(ren) so cused by the court, file that the child(ren) can then written reports and find permanency through recommendations. adoption.4 3. Represent the child until In order to prevail at a terthe court’s jurisdiction over mination of parental rights the child terminates or trial, the petitioner must until excused by the court. prove by clear and convinc4. Advocate for the child’s ing evidence the following participation in the prothree elements: ceedings and report the 1. That at least one of the child’s preferences to the grounds listed in s. 39�806 court, to the extent the has been met. child has the ability and 2. That termination of padesire to express his or rental rights is the least her preferences. restrictive means of pro5. Perform other dutecting the child from futies that are consistent ture harm. “This prong with the scope of the is generally satisfied by 2 appointment.

DCF offering the parent a In most dependency case plan and providing cases, the overriding goal is the parent with the help to remove the danger posed and services necessary to by the parents through complete the case plan.” completion of a case plan S.M. v. Fla. Dept. of Chiland then reunify the family. dren and Families, 202 So. However, there are circum3d 769 (Fla 2016).

his article is designed to assist those OCBA members who volunteer their time as pro bono guardians ad litem in navigating the termination of parental rights process in dependency court.

Dependency court cases are civil actions generally initiated by the Department of Children and Families (the Department) against parents who have abused, abandoned, or neglected their children.1 Per Florida Statute §39�822(1), “[a] guardian ad litem shall be appointed by the court at the earliest possible time to represent the child in any child abuse, abandonment, or neglect judicial proceeding….” Guardians ad litem are often appointed at the initial court hearing after the child(ren) are sheltered from the parents.

During the pendency of the dependency case, a guardian ad litem’s duties include the following: 1. Be present at all court hearings unless excused by the court.

2. Investigate issues related to the best interest of the child who is the

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3. That the manifest best interests of the child, in accordance with s. 39�810, would be served by the granting of the petition.

The guardian ad litem serves an essential role in the termination of parental rights process. The guardian ad litem must provide a recommendation to the court as to whether the termination of parental rights is in the child(ren)’s manifest best interest. This recommendation must be included in a written report that the guardian ad litem must file at least 72 hours before the TPR trial or disposition.5 Although the statute expressly states that the

written report must include the guardian ad litem’s recommendations and the preference of the child(ren), the court will generally want the written report to address all eleven of the manifest best interest factors outlined in s.

39�810. The Legal Aid Society has a manifest best interest report template that can be provided upon request to assist in completing the report.

When the time comes for the termination of parental rights trial, the Department will call the guardian ad litem as a witness to testify to the manifest best interest factors. The Depart-

ment may also call other witnesses, such as the caregiver, to ensure all of the manifest best interest factors are addressed sufficiently. However, the primary witness for this part of the trial will be the guardian ad litem. Therefore, it is essential that the guardian ad litem be present in person for the trial.

There may be times when not all of the manifest best interest factors support termination of parental rights.

This is not necessarily fatal to the petition. Although all factors must be considered by the court, some factors may outweigh others. For example, perhaps the child

has a strong bond with the parent and wants to return home, but the nature and severity of the abuse would make it impossible to allow the child to safely do so.

It is ultimately up to the court to weigh all the factors and determine whether it would be in the manifest best interest of the child(ren) for the petition to be granted.

I hope that this article provided insight into the role a pro bono guardian ad litem plays in termination of parental rights proceedings. If you have any questions, please reach out to staff at the Legal Aid Society of the O.C.B.A.

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SIDEBAR

SIDEBAR: NEWS / EVENTS / UPDATES NEWS / EVENTS / UPDATES

YOUNG LAWYERS SECTION

Happy Hour

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MAY 28 / YLS teamed up with the Paralegal Section to host an incred-

ibly fun and successful Happy Hour event! It was a wonderful opportunity for members from both groups to connect, unwind, and enjoy each other’s company in a relaxed, social setting. The evening was filled with lively conversations, and lots of laughter. We’re so grateful to everyone who came out and made the event so enjoyable.

Networking Event

MAY 8TH (NOT PICTURED) / YLS teamed up with

the In-House committee to present “Pathways through the Law: a CLE and Networking Event.” It was a great event for an afternoon full of CLE credits! With so many speakers from various legal backgrounds, it was a fantastic opportunity to hear from local leaders about the different careers available for attorneys. This was followed by a speed networking event and a happy hour where participants were able to speak to everyone on a more personal level about their experience and advice.

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Pass The Gavel Luncheon

MAY 9TH (NOT PICTURED) / YLS hosted the annual Pass the Gavel luncheon. So many of YLS’ past presidents were present to commemorate Jacob Schumer’s fantastic year as president, and welcome Cooper Powell as he steps into his new role of President for YLS. The luncheon was a great event where we were able to listen to the accomplishments of the past year, lessons from prior years and where we’ll go in the future with Cooper as our new leader. YLS wants to take this moment to give a massive thanks to Jacob for all his hard work this past year. We cannot wait to see the year Cooper has in store!

UPCOMING EVENTS JUNE LUNCHEON / Date: June 13th, 2025, Location: Citrus Club

MORNING AT THE STATE COURTHOUSE / Date: June, Location: Orange County Courthouse

WHO’S WHO

Happy Hour at Fiddler’s LAW CLERKS Great Oaks Village Annual Event 1 YLS Green Irish Pub RECEPTION / Date: July,

MAY 24 (NOT PICTURED) / YLS returned to the Great Oaks Village for a

super fun and eventful year this year. This annual event was extra exciting, as YLS was able to partner up with the Orlando City Soccer School - Lake Nona, and provide a very special day for the children at Great Oaks Village. The day was full of games, sports, and fun.

It’s YLS’ tradition to donate shoes to the children at Great Oaks Village, and with the partnership with the Orlando City Soccer School - Lake Nona, the kids were able to receive new Adidas footwear!

2 YLS board member Dana Alberga and YLS President Cooper Powell

3 YLS members and OCBA members during the OCBA Gala.

4 YLS members volunteering at Mollie Ray Elementary School for YLS’s Book Fair

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Location: Orange County Regional History Center

ANNUAL BACKPACK PROJECT / Date: July, Location: TBD

STAY INFORMED: Make sure your schedules remain flexible as YLS has many more social events to be on the lookout for!

To ensure you’re always up-to-date with YLS activities, please sign up for our weekly email blasts. Visit our website and click “Sign Up for YLS Emails.”

Ritcy Canelon, Esq., is an

associate attorney of Tangel-Rodriguez & Associates, in child support enforcement matters. She has been a member of OCBA since 2021.

FOLLOW US!

@OCBAYLS #TogetherWeGoFar

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SIDEBAR: NEWS / EVENTS / UPDATES

2 OTHER VOLUNTARY BAR EVENTS ON APRIL 26, 2025 / the Central Florida Association for Women Lawyers (CFAWL) hosted an Earth Day Service Project at the Oakland Nature Preserve.

ON MAY 7, 2025 / CFAWL hosted their very first ever Table for 80 in celebration of the 20th anniversary of their Table for 8. The sold out event was held at the Winter Park Raquet Club and was such a memorable evening of recalling Table for 8 stories and camaraderie.

1 VOLUNTARY BAR

Past Presidents Reception The Paul C. Perkins Bar Association (PCPBA)

ON MAY 14, 2025, the PCPBA hosted their 2nd Past Presidents Recep-

tion which was an evening dedicated to honoring previous leaders and embracing the bright future ahead.

ON MAY 7, 2025, the Paul C. Perkins Bar Association (PCPBA) hosted it’s Final General Body Luncheon of the 2024-2025 fiscal year. The event titled “Balancing the Scales: Nurturing Mental Wellness in Legal Practice”, was moderated by Ayana Barrow and was held at the OCBA. ON MAY 10, 2024, the PCPBA hosted its first ever Farmers Market. The event featured amazing local vendors, fresh produce and healthy treats, self care products and family fun including a live DJ with giveaways.

ON MAY 24, 2025, PCPBA hosted the “Health is Wealth Summit” which featured conversations on mental health, wealth and finance and how to thrive in todays world.

ON MAY 30, 2025, PCPBA hosted a CLE Virtual Lunch and Learn titled “Financial Wellness for Legal Professionals.” The online event featured tips and tools from financial planners of Northwestern Mutual to help equip attorneys with essential financial skills.

CFAWL wishes to congratulate Meranda Landes and Evelyn Pabon Figueroa for earning the prestigious Florida Association for Women Lawyers “Leaders in the Law” recipients.

ON MAY 2, 2025 / The Greater Orlando Asian American Bar Association (GOAABA) joined with the Asian American Pacific Islanders Coming Together (ACT) for the annual “Career Pathways in the Law” event which was hosted at the Orange County Courthouse. The free event was open to middle, high-school college and law school students.

3 WHO’S WHO 1 Paul C. Perkins Bar Association Past Presidents Reception 2 Central Florida Association for Women Lawyers Table for 80 3 Greater Orlando Asian American Bar Association Featuring participants from Career Pathways in the Law 4 Paul C. Perkins Bar Association Final General Body Luncheon.

Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

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