Announcements News from the Court Young Lawyers Division Jazz for Justice
p. 6 p. 10 p. 17 p. 20
PASSING the BATON
President LaBorde’s Energetic Leadership Fall 2021 | VOLUME 10, ISSUE 3 | ESRBA.COM
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Escambia-Santa Rosa Bar Association 260 South Tarragona Street, Suite 160 Pensacola, FL 32502 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009
Member Services Coordinator Stephen Hayward stephen@esrba.com Lawyer Referral Service Marilyn Kelley lrs@esrba.com
Executive Director Jeff Nall jeff@esrba.com
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Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor. Due date for all advertisements, articles and announcements is the first of the month for the issue you wish to advertise in. Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing. The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.
From the President
Page 5
Announcements
Page 6
On the Move
Page 7
Member Discounts
Page 9
News from the Court
Page 10
News from the Clerk of the Circuit Court and Comptroller
Page 11
Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.
Gerald McGill Caroline Peterson Jenice Jones Sheryl Lowenthal
Charlie Penrod Codey Leigh Allison Newton Shekka Drayton
Christine Kelly Garrett Hallbauer Dakota Parks
Feature - Passing the Baton: President LaBorde’s Energetic Leadership Page 12 ESRBA Installation Banquet and 50th Anniversary Celebration
Page 14
Report from the Board of Governors
Page 16
Young Lawyer’s Division
Page 17
The Bottom Line
Page 18
Argo Corner
Page 19
Jazz for Justice Brings Live Music Back at Foo Foo Festival This Fall
Page 20
Owner Malcolm Ballinger
Art Director Guy Stevens
Publisher Malcolm Ballinger
Graphic Designer & Ad Coordinator Garrett Hallbauer
Executive Editor Kelly Oden Editor Morgan Cole Assistant Editor Dakota Parks
Sales & Marketing Paula Rode, ext. 28 Becky Hildebrand, ext. 23
Visit our Website at BallingerPublishing.com Editorial Offices: 21 East Garden Street, Suite 205 | Pensacola, Florida 32502 850-433-1166 | Fax: 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher. Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2021 Ballinger Publishing. All Rights Reserved.
Fall 2021 | 5
From the President Friends and colleagues, As I settle into my role as President of the Escambia-Santa Rosa Bar Association, I do so with proud but solemn reflection on the past year, but I look forward to the year ahead with even greater enthusiasm. As you know, the ESRBA has now entered its third bar year and administration under the challenges of the pandemic. Immediate Past Presidents, Warren Todd and Heather Lindsay, demonstrated strong, creative and inspiring leadership during the uncertain and unprecedented times over the last 18 months! With the support and aid of our Executive Director, Jeff Nall, his staff, my fellow Officers and Members of the Executive Council and you, our dedicated members, the ESRBA is on a path to emerge victorious and stronger!
Garrett P. LaBorde
Already since being installed, the Council and I have updated and modernized our Association’s Bylaws, created a dedicated (and permanent) Young Lawyer’s Division seat on the Executive Council, digitized our meetings/operations using “Boardable,” a cloudbased platform and facilitated a large joint meeting (and much better synergy) between the Executive Council, the Bar Foundation and the YLD Board! Continuing this strong emphasis on collaboration, we have scheduled quarterly meetings with other community boards/ partners, such as the: Escambia Medical Society Board-of-Directors, the Escambia and Santa Rosa Clerk and Court Admin Leadership, the Pensacola Association of Realtors and the Northwest Florida Paralegal Association. Our Executive Council will have the opportunity to delineate officer duties, streamline and define our Association for decades to come at our upcoming Strategic Planning Retreat on October 1. Additionally, we are keenly focused on continuing to expand our Corporate & Law Firm Sponsorships as well as our Member Benefits/Discounts Program. In addition to a robust and lively return to in-person monthly meets and events, members can also anticipate the return of the “Lunch with a Judge” Program. And, for all of us looking to reconnect with our colleagues and our communities, members can look forward to our 1st Annual ESRBA Community Service Day next spring. The pandemic has truly shown us what we are made of. Our continued commitment to meeting safely, virtually or in person, our seamless transition into a new administration and our ongoing commitment to serve our members (and our communities) demonstrate that the EscambiaSanta Rosa Bar Association is a tenacious, united and highly adaptable organization. With a service-based mindset, I proclaim a productive and impactful year ahead!! I look forward to increasing the awareness and the effectiveness of the ESRBA, to visiting with you at our events and to serving alongside you, the amazing members of our legal community, over the prosperous, come-back year ahead! Sincerely yours,
6 | The Summation
Announcements The Escambia-Santa Rosa Bar Association
Executive Council Officers President Garrett LaBorde Vice President Aaron T. McCurdy Secretary Christine A. Kelly Fausel Treasurer Joe Passeretti Immediate Past President Heather F. Lindsay Executive Council Ryan Cardoso Shekka Drayton Jessica Etherton Rebecca Gilliland Joe Kirkland Stephen Luongo John Mahoney II Amie Remington Rachel Sheffield Haley VanFleteren Aaron Watson
2021–2022 Membership Renewal
The ESRBA membership renewal period ends on October 15, 2021. To renew online, go to esrba.com/ renew, or scan the QR code located on this page. Your username is the email address that we have on file for you; your password is your first initial and last name (i.e., John Doe would be jdoe). Alternatively, you can fill out the printable renewal form (found at https://bit. ly/3hYDN2h) and mail a check the Bar Office. Your membership includes a free listing and photo in our annual directory and a complimentary copy of Summation Quarterly; membersonly rates on monthly meeting, CLE seminars/webinars, rental of recorded CLE resources, e-blasts, mailing labels and advertising in The Summation Quarterly; and Member-exclusive opportunities to participate in our Lawyer Referral ESRBA Annual Sponsors
Young Lawyer Representative Andrew Spencer October ESRBA Meeting
October 21 | Noon | V. Paul’s CLE Live Webinar: Landlord Tenant Law
The Escambia-Santa Rosa Bar Association is proud to recognize the following 2021–2022 Annual Sponsors. Please learn more about the products and services offered by these partners. Interested in becoming a sponsor? By becoming one of our supporters, your organization gains exposure and direct access
Service, have your specialty listed in our annual member directory and be featured with a Premium Profile on our website. Additionally, you can take advantage of special pricing and discounts from national brands such as American Express, Hotelogical, Office Depot, Priceline and Verizon through our new partnership with National Purchasing Partners. We anticipate adding local businesses to the program as well. At no cost to you, these agreements generate income for ESRBA so that we can keep our membership rates as low as possible. If you have any questions, please contact the Bar Office at Stephen@ esrba.com or (850) 434-8135, ext. 1.
to more than 600 leading legal professionals. Your partnership also supports the community by promoting our mission to maintain high standards in Local and State Bar, to promote the rule of law, access to justice, pro bono resources and a fair and impartial judiciary. Start connecting today! For more information, contact Jeff Nall at jeff@esrba.com.
October 22 | 9 am | ZOOM Presented by Christine A. Kelly, Legal Services of North Florida
The Escambia-Santa Rosa Bar Foundation
Board of Directors Officers President Shekka Drayton Vice President D. Steve Traylor, Jr. Secretary & Treasurer John “Buz” Windham Directors Sheldon Bernau Jeremy Branning Jodi Dubose Stephen Echsner Cameron Townes Gore Kristin Haul Garrett LaBorde (ESRBA President) Heather Lindsay Patrick Martin Adrianna Spain Warren Todd Escambia-Santa Rosa Bar Association Young Lawyers Division
Board of Directors Officers President Andrew Spencer Vice President Michelle Nguyen
November ESRBA Meeting
November 18 | Noon | V. Paul’s
Treasurer Logan Sliva
CLE Live Webinar: Effective use of your Paralegal’s Skills without crossing the Ethical Line
Secretary Brooke DiSalvo
November 19 | 9 am | ZOOM Presented by Virginia Buchanan and Caroline Peterson of Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr & Mougey, P.A.
Directors Travis Morock Cecily Parker
We’re Social! Connect with us on social media. ESRBA FACEBOOK FACEBOOK.COM/ESRBAFL
YLD FACEBOOOK FACEBOOK.COM/ESRBAYLD
TWITTER TWITTER.COM/ESRBAFL
LINKEDIN LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION
Fall 2021 | 7
On the Move City Announces new Attorney
Six Attorneys From Emmanuel Sheppard & Condon Have Been Selected to the 2021 Florida Super Lawyers List No more than 5% of the lawyers in Florida are selected by the research team at Super Lawyers to receive this honor. The attorneys recognized as Super Lawyers are: Alan B. Bookman (16th year selected), Erick M. Drlicka (ninth year selected), Robert A. Emmanuel (15th year selected) and Sally B. Fox (fourth year selected). The attorneys recognized as Rising Stars are: Michelle A. Olliff (second year selected) and Adam J. White (third year selected). Emmanuel Sheppard & Condon is a full-service law firm dedicated to protecting individuals’ and businesses’ interests with a footprint stretching from Pensacola, Pace, Destin and Tallahassee. Beggs & Lane
The Judicial Nominating Commission of the First Judicial Circuit conducted its annual meeting on July 28, 2021. Partner Robert L. Jones, III was named Vice-Chair of the 1st Circuit JNC. The JNC is a non-partisan ninemember commission of lawyers and non-lawyers who locate, recruit, investigate and evaluate applicants for judicial office and then submit candidates to the Governor for final selection.
The city of Pensacola recently selected Charlie Peppler as the new city attorney, responsible for overseeing the city’s legal department and acting as the legal adviser for the city and all of its elected and appointed officers. Peppler has worked as the deputy county attorney for Escambia County since January 2002. He graduated from the University of Miami with a bachelor’s degree in 1974 before attending the Cumberland School of Law of Samford University in Birmingham, Alabama, earning his juris doctorate degree in 1977. Peppler is board certified in civil trial law by the Florida Bar Board of Legal Specialization and Education from 1997 to present. He was admitted to the Florida Bar in 1977 and is admitted to the U.S. District Court, Northern District of Florida, the U.S. 11th Circuit Court of Appeals and the U.S. Supreme Court.
position of general counsel for the Clerk of the Circuit Court and Comptroller for Escambia County, Florida, for six years. She previously served as general counsel for the Pensacola Police Department and assistant city attorney for the City of Pensacola. She also has been a partner in a local, private law firm where she focused on employment law, community association law and contract litigation; a prosecutor for the First Judicial Circuit, trying over 50 jury trials in misdemeanor and felony cases; and a law clerk for the Honorable John Godbold of the Eleventh Circuit Court of Appeals.
Susan Woolf – City to UWF General Counsel
The University of West Florida has appointed Susan Woolf as general counsel for the University, effective August 15, 2021. In her position as general counsel of UWF, Woolf will provide legal guidance and counsel in executive and policy decisionmaking and serve as a member of the President’s senior leadership group; lead the Office of General Counsel and its team, as well as outside counsel retained to represent the University; oversee and manage the provision of all legal services to the University and Board of Trustees and provide counsel and guidance on all legal matters relevant to the University; and perform other duties as requested by the President and Board of Trustees. In her nearly 30 years as an attorney, Woolf has worked in all three branches of government, at the federal, state and local government levels and in trial and appellate courts. Immediately prior to her appointment as city attorney, Woolf held the
each specific practice area and geographic region. Only one lawyer is recognized as the “Lawyer of the Year” for each practice area and location. Steve was recognized as a “Lawyer of the Year” in Energy Law in Tallahassee.
Beggs & Lane attorneys recognized as Best Lawyers In America® include: J. Nixon Daniel III (Mass Tort Litigation / Class Actions – Plaintiffs, Product Liability Litigation – Plaintiffs, Personal Injury Litigation – Plaintiffs); John R. Zoesch III (Commercial Litigation); Ralph A. Peterson (Employment Law – Management, Labor Law – Management); Russell F. Van Sickle (Employment Law – Management, Labor Law – Management, Energy Regulatory Law); Steven R. Griffin - Voted the 2022 “Lawyer of the Year” for in Energy Law in Tallahassee (Energy Law, Energy Regulatory Law); Thomas F. Gonzalez (Aviation Law, Medical Malpractice Law – Defendants, Personal Injury Litigation – Plaintiffs). Moorhead Law Group Adds Attorney
6 Beggs & Lane Attorneys Named 2022 Best Lawyers In America®
Beggs & Lane, RLLP is pleased to announce that 6 of the firm’s attorneys were selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America®. The Best Lawyers in America® is regarded as one of the oldest and most respected ranking publications in the legal industry. Recognized attorneys undergo a rigorous peer-reviewed selection process that assesses and evaluates the attorney’s professional abilities and expertise. Beggs & Lane attorney, Steven R. Griffin, was recognized as a “Lawyer of the Year,” an honor given to attorneys with the highest peer-feedback in
Moorhead Law Group recently announced that Matt Couch has joined its litigation group. Couch earned his juris doctorate, with honors, from Cumberland School of Law in Birmingham, Alabama, in 2011. Following law school, he served as a law clerk to Judge Sharon L. Blackburn on the U.S. District Court, Northern District of Alabama. After his clerkship, Couch built and solidified his reputation as a skilled litigator at a large Birmingham law firm, where he represented local and national clients in a wide array of legal matters. He is licensed to practice law in Florida and Alabama. Couch’s practice areas include real estate and construction disputes, business litigation and employment law.
Continued
8 | The Summation
Elie Breaux Photography
On the Move (Continued)
The Investiture of the Hon. David J. Oberliesen to the Escambia County Circuit Court was held September 24, 2021. Oberliesen was a partner at Oberliesen & Henderson since 2015 and worked as a criminal defense attorney for 16 years prior to his appointment to the bench. Previously he served as an assistant state attorney for the Eighth and Twelfth Circuits. He received his bachelor’s degree from Central Michigan University and his law degree from the University of Florida Levin College of Law. His appointment fills the judicial vacancy created by the resignation of Judge Jeffrey Burns.
The Investiture of the Hon. Clifton A. Drake to the Santa Rosa Circuit Bench was held on September 4th, 2021. Drake previously served as an assistant state attorney in the First Judicial Circuit beginning in 2010. He became a felony prosecutor in 2011, and worked as a Felony Special Prosecutor focusing on homicide prosecutions from 2015–2021.
He received his bachelor’s degree from the University of Florida, and his law degree from Georgetown. Drake will fill the judicial vacancy created by the retirement of Judge Ross Goodman. Emmanuel Sheppard & Condon Adds Two New Attorneys Emmanuel Sheppard & Condon (ESC) is pleased to announce the addition of attorney Jennifer Shoaf Richardson to the firm in the Employment Law practice as a Director where she will grow the practice with Erick Drlicka. Erick is a longtime Director with more than 30 years of employment experience and is board-certified by The Florida Bar in Labor and Employment law. Jennifer will continue to help safeguard Florida businesses with proactive employment policies and provide legal representation in common disputes and violations. She has extensive experience representing employers in workplace law matters, including preventive advice and counsel, and all stages of litigation in Florida and Georgia. Jennifer litigates all varieties of employment law matters including discrimination, harassment, retaliation, the Americans with Disabilities Act, the Family and Medical Leave Act, Workers’ Compensation retaliation, disability, whistleblower, the Equal Pay Act, wage and hour and noncompetition agreements. Jennifer is an experienced litigator, having represented employers before state and federal agencies, state and federal trial courts and courts of
appeal. Her client list has been diverse, covering a wide range of industries including healthcare, transportation, hospitality, finance, technology, agriculture and construction. Jennifer is accomplished in seeing cases through to completion, as she has handled dozens of appeals in Florida state courts, the 11th Circuit and the Georgia Court of Appeals. “We are thrilled that Jennifer will be joining our firm,” said Wes Reeder, ESC Firm President. “These days, employment issues are more complicated than ever. Jennifer has the experience that business owners need to safely navigate today’s challenges.” Jennifer has also been a leader in Florida, serving as past president of the statewide Florida Association for Women Lawyers and the Jacksonville Women Lawyers Association and having served a term on her circuit’s Judicial Nominating Commission. She frequently speaks on issues related to gender equality, pay equity, parental leave, sexual harassment and the promotion and retention of women leaders. She is available to advise clients and provide training on meaningful diversity initiatives within their businesses. Prior to joining Emmanuel Sheppard & Condon, Jennifer practiced law with a national AmLaw 100 employment firm for years. As a Pensacola native, she is eager to help Panhandle employers of all sizes thrive and protect their most important asset. Anna-Marie Forshee has joined the firm Emmanuel Sheppard & Condon as an associate attorney in the real
New Members
estate practice group. Anna-Marie will work alongside the firm’s experienced 25 attorneys and 40+ staff members who proudly serve clients from offices in Pensacola, Pace, South Walton and Tallahassee. Anna-Marie focuses her practice on commercial real estate transactions, representing sellers, buyers and lenders in real property acquisitions and sales, development, financing and leasing. She also assists clients in business formations and has assisted condominium associations and homeowners’ associations across Northwest Florida. She is licensed to practice law in Alabama, Florida and Kentucky and earned her law degree, cum laude, from Faulkner University Thomas Goode Jones School of Law in Montgomery, Alabama. She has experience practicing as a real estate attorney in Pensacola, as well as working as a compliance attorney for an agricultural lending company. “Anna-Marie brings a valuable broad base of real estate development and transactional experience to our practice,” said Wes Reeder, ESC Firm President. “She is an engaged leader in the real estate community along the Gulf Coast, and we are thrilled to have her at Emmanuel Sheppard & Condon.” Anna-Marie and her husband reside in Pensacola and enjoy spending time with family, cooking and being outdoors. She serves on the board of directors for Junior Achievement of Northwest Florida, is an active member of the Escambia-Santa Rosa Bar Association, is the president of Northwest Florida Association of Women Lawyers and is a member of the National Association of Industrial and Office Properties.
Moves
Jan K. Durrani Levin Papantonio Rafferty jdurrani@levinlaw.com
Anna Zhuromskaya Legal Services of North Florida azhuromskaya@lsnf.org
Brian A. Wahl Bradley Arant Boult Cummings LLP bwahl@bradley.com
Alex Wesley Rigsby Legal Services of North Florida arigsby@lsnf.org
Charles R. Wedding Wade, Palmer and Shoemaker, P.A. cwedding@wpslawyers.com
Randall Richardson Regional Conflict Counsel randall.richardson@ora1.myflorida.com
Alice Betts Legal Services of North Florida abatts@lsnf.org
Rebecca Parker Wade Palmer and Shoemaker, P.A. rparker@wpslawyers.com
Leighanne E. Lockett Tidwell, Higdon & Associates PLLC llockett@tha-law.com
Wanda J. Morgan First Judicial Circuit, Okaloosa County Magistrate.morgan@flcourts1.gov
Sarah Oberliesen Shelter House, Inc soberliesen@shelterhousenwfl.org
Mathews & Higgins
Moving Offices to 913 Gulf Breeze Parkway #33 Gulf Breeze, FL 32561
On the Move submissions may be sent to esrba@esrba.com
Fall 2021 | 9
Member Discounts Caseroads
Caseroads features rich practice management software that costs up to 70% less than other providers. It is designed to be incredibly easy to use and allows you to securely work from anywhere. Get all the functionality you need for one low price per user. Let us help you get started with a risk free, 30-day no cost trial plus a 10% discount for Escambia-Santa Rosa Bar Association members using the promo code ESRBA10.
Digital Boardwalk
Award-winning technology services for firms of all sizes. ESRBA members can achieve reliability, security, and peace of mind through special pricing from Digital Boardwalk, recently named one of the top managed service providers in Florida on the prestigious 2020 annual Channel Futures MSP 501 rankings. The ESRBA-exclusive offer is extended on new recurring and non-recurring services including managed I. T. and subscription services, support, installation fees, labor, and more. Sign up at www. digitalboardwalk.com/esrba.
Documate
Documate is an easy-to-use, powerful document automation platform for building both internal and client-facing tools. It allows for complex conditional logic, numerical/date calculations, collecting lists, payment/signature/CMS integrations, client-facing capabilities, client portal and whitelabeling to build your own “TurboTax” for law. Get 10% off and a free trial with code ESRBA10. Visit www.documate. org or book a live demo at www.calendly.com/ documate.
Gravity Legal
Get paid faster, reduce your accounts receivable, take electronic payments into trust, accept credit card, debit cards, and eCheck and integrate with many of your existing systems. Gravity Legal is the financial payments and money management platform for innovative entrepreneurial attorneys and law firms. ESRBA members have the option of two compelling pricing plans and receive a year of free ACH(eCheck) on transactions up to $15,000. Sign up at gravity-legal.com/esrba.
Phipps Reporting
Phipps Reporting is your one-stop shop for your litigation needs: court reporting, process serving, video recording, interpreting services, case management, trial litigation support, on-line notary services. Offices from Miami to Panama City; satellite offices worldwide. Contact Joann Gore, Business Development Director, to schedule FREE training or services: jgore@phippsreporting.com, 850-610-0227.
Red Cave Law Firm Consulting
Members can access world-class business management consulting for law firms at an exclusive discount. We can help you to build a modern law firm, get efficient and increase your revenue. Start today! redcavelegal.com/esrba.
National Purchasing Partners (NPP)
Through a partnership with National Purchasing Partners (NPP), ESRBA members can receive discounts and special offers from the national retailers listed below. NPP is a B2B marketplace where members can save on products and services they use every day. Membership with NPP is FREE. To access the discounts listed below and more, enroll your company today!
American Express
Business cards for companies of all sizes. Get built in tools, perks and rewards for businesses like yours—backed by the award-winning customer service and support of American Express. Choose the right solutions for your business. Sign up and save at mynpp.com/association/esrba/.
Hotelogical
Receive up to 70% OFF hotels and resorts worldwide with a FREE access to Hotelogical’s unpublished, member-only rates. Start saving with special member deals at mynpp.com/association/ esrba/.
Office Depot
With more than 16,000 in-stock office supply products, Office Depot products and services meet the needs of NPP members nationwide. Sign up and save at mynpp.com/association/esrba/.
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NPP members save up to 25% on select hotels when packaged with a rental car, flight or additional hotel booking. Sign up to access deeply discounted hotel deals worldwide at mynpp.com/ association/esrba/.
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Eligible businesses can receive 22% OFF monthly access fees* and up to 35% OFF select smartphones, tablets and accessories. Enroll your business and start saving with the nation’s largest, most reliable 4G LTE network at mynpp.com/ association/esrba/.
For more information and details pertaining to ESRBA’s Member Discount partners, please visit esrba.com/for-attorneys/member-discounts/.
Business participation in the ESRBA Member Benefits & Discount Program does not constitute endorsement, recommendation or favoring by ESRBA.
10 | The Summation
News from the Court Chief Judge Miller
A
s we move into the last quarter of the year, the need
to change and adapt to ever-evolving circumstances remains a constant theme, both within the local courts system and the community at large. However, as we all continue to deal with the upheaval we have weathered as a result of COVID-19, I would like to take this opportunity to share with you three “good news” items of particular interest to the legal profession. First, those of you who have recently attended in-person proceedings at the M.C. Blanchard Building will have noticed that the main entrance has been temporarily re-routed and barricades have been placed around a large area. As many of you know, during certain times of the week and particularly on jury selection days, the front entrance can become congested with members of the public attempting to enter the facility. If we are experiencing inclement weather during those times, those waiting to pass through court security have had few options to take shelter. As a result, Escambia County has undertaken to construct an entryway covering which will serve to protect persons awaiting entrance to the building from rain and
other extreme weather conditions. We appreciate the sacrifice of time and effort made by those citizens summoned for jury duty and hope that this change to our facility will make jury duty a more pleasant experience for those who come to serve. Construction is expected to be completed in 2022. Secondly, I am excited to announce that the second floor of the M.C. Blanchard Building will house a new and improved location for courthouse patrons to enjoy a beverage, snack, or meal. The Clerk of Court has worked closely with Escambia County in this endeavor, and renovations to the second floor will begin soon. It is anticipated that the new food service space will be an open dining café, with a view overlooking Baylen Street. The County will be soliciting for a food service vendor to occupy the space in the near future, and we are all looking forward to enjoying what this space will have to offer. Lastly, I would like to commend an outstanding member of the First Judicial Circuit IT team. Truly, without the dedicated and innovative people on our IT staff, the courts could not have continued to function at such
a high level as they have during the pandemic. Even during “normal” times, our IT staff members are constantly working to solve problems and streamline court processes, and one member of our team has been honored nationally for his innovative work. John Gustafson has been awarded the James E. McMillan Award for Innovation in Court Technology from the National Center for State Courts and will receive an all-expense paid trip to the 2021 National Court Technology Conference in Columbus, Ohio, where the award will be announced. The winner was selected by a committee of court technology experts. John won for his “Court eFiling Robot,” which is called a Court-Bot. The Court-Bot automatically e-files orders for judicial assistants. We at the First Judicial Circuit, and indeed the State of Florida, are fortunate to have individuals like John who constantly look for ways to improve our service to the public and put in the time and hard work to see those ideas brought to fruition. I hope that you will join me in offering John our heartfelt congratulations on this achievement.
Fall 2021 | 11
News from the Clerk of the Circuit Court and Comptroller Pam Childers
Changes to Rule 2.420 - Part 2
F
rom January 1, 2021 to July 31, 2021 the Clerk’s office received and processed more than 144,000 requests to view electronic court records. All of these requests were
received through the Clerk’s online court records viewer. Unless restricted by court rule or order, cases and filings can be seen online by anyone with internet access. A reporter from Canada, a data miner from California, or your neighbor can all make online requests to see images from court cases in Escambia County. An awareness of the accessibility of court records and the volume of requests processed is important to understanding the impact of a recent change to the rule governing the confidentiality of Court records. The Clerk’s office last wrote about the changes to Rule 2.420 of the Florida Rules of General Practice and Judicial Administration in the spring edition of The Summation Quarterly. At the time, the proposed amendments had not yet been finalized by the Florida Supreme Court. For those who are unfamiliar, Rule 2.420 outlines 23 categories of information that are, or can be, made confidential by the Clerk in court records. Before the recent amendment, Rule 2.420 placed an independent duty on the Clerk in all cases to redact
Supreme Court Order
records on the list of 23 such as Social Security numbers, bank account numbers and certain health records. But, as of July 1, 2021, the Florida Supreme Court removed the Clerk’s independent duty to redact confidential information within small claims (SC), county civil (CC) and most circuit civil (CA) court cases. The changes do not affect Jimmy Ryce civil commitments, cases stemming from sexual assault and medical malpractice filings.
exempt pursuant to statute and records made confidential pursuant to court rule. Legislative statutes don’t control access to or the confidentiality of records of the judicial branch, unless the statute is adopted into court rule. If information made exempt or confidential pursuant only to statute is filed within a court case, Rule 2.420 requires a motion and order to redact the information from public view. The procedure for this process is laid out in detail within Rule 2.420.
Rule 2.420 requires a party to file a Notice of Confidential Information Within Court Filing (the “Notice”) if a filing contains confidential information as set forth in the list of 23. For criminal cases, the Clerk will continue to review for redaction if a filing contains confidential information as set forth on the list of 23 and the filer forgets to file a Notice. For small claims, county civil and most circuit civil cases, a filer must file a Notice before the Clerk will redact or obscure any confidential information from public view. Failure to file a Notice in the civil cases referenced above will result in release of the confidential information.
Pro se parties, legal professionals and attorneys filing or practicing in civil will want to pay close attention to the recent change and their responsibility to file a Notice when filings contain confidential information as set forth on the list of 23. Pursuant to current Rule 2.420, the Clerk will not independently go through the rigorous redaction process for the affected civil cases unless the filer files a Notice.
While not part of the Florida Supreme Court’s recent change, it is also important to understand the difference between records made confidential or
Rule 2.420 Video
Scan the QR codes below with your Apple iPhone camera or QR code reader app to learn more about Rule 2.420. Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller
Notice of Confidential Information Form
12 | The Summation
With a transition that would gain the respect of any relay Olympian, LaBorde prepared early and pushed forward with a skilled handoff from Heather Lindsay, ESRBA Immediate Past President. Celebrating its 50th Anniversary this year, LaBorde now steps into the shoes of a long lineage of dedicated and driven leaders of the ESRBA. With energetic, service-based and visionary leadership, LaBorde is prepared for the marathon that awaits.
PASSING THE BATON President LaBorde’s Energetic Leadership by Shekka Drayton, Law Office of Patrick Martin, GEICO Staff Counsel
A
s the world buzzed with excitement from the Summer Olympics, our Panhandle community ceremoniously ushered in the 2021–2022 leadership of the Escambia-Santa Rosa Bar Association. At the helm is Garrett P. LaBorde, the newly installed President of the ESRBA.
LaBorde facilitated a joint/plenary meeting among the ESRBA’s Executive Council, Foundation Board and Young Lawyer’s Division Board on August 11th. With the implementation of “Boardable,” a board management software that he lobbied for, the ESRBA Executive Council & Staff now can conduct its business and archive all resources on a modern, cloud-based platform.
To maximize his goal In true Olympic fashion, of greater community Laborde centers his engagement, LaBorde leadership around the has planned joint strongly held values of meetings, social events ESRBA: “camaraderie, and community service collegiality, competence opportunities with affinity and mutual respect.” With institutions and partners these core values in mind, in the community like he hopes to promote safe the Escambia Medical and exciting member Society, the Pensacola Area engagement opportunities, Realtors, the NW Florida expand member benefits Paralegals Association and incentives, increase and others throughout the sponsorship opportunities year. He hopes that such and reinvigorate collaborations endure collaboration with various well beyond his tenure as community institutions/ ESRBA President. partners. One thing LaBorde has Implementing his vision is in common with Olympic no easy task, but LaBorde athletes, his journey took has hit the ground running. patience, preparation
Fall 2021 | 13
and dedication. Before leadership continues to his transition to Florida, light his path as ESRBA LaBorde served as the President. Young Lawyer Delegate to the ABA House of “If you want to go fast, Delegates for the State of go alone; if you want Louisiana. He has been to go far, go together.” a dedicated and active Reflecting on this member of ESRBA for proverb, LaBorde knows over a decade. He has the value of community presented Technology and and collaboration. His Law Practice Management energized spirit is CLE’s dating back to 2009, undoubtedly fueled by valuable contributions since the support of his family Florida lawyers have come and friends. LaBorde to covet technology CLE passionately notes the credits like Olympic gold. importance and support of his parents, his wife, Under Past President Jodi Dr. Jennifer LaBorde, and Dubose, he led and served their three children in his on the Communication/ Website Committee. This volunteer service did not go unrecognized as LaBorde was nominated to join the Executive Council in 2016. LaBorde’s other past professional/community involvement includes The Florida Bar Business Law Section, Leadership Pensacola, Catholic Charities of NW Florida, St. Paul Catholic Church & School and a host of other philanthropic and community-based organizations. His track record of service and
development personally and professionally. LaBorde also credits the long, inspiring history of ESRBA and the legacy of its past presidents. He endeavors to lead from a place that honors his deeply held community values. Just as Team USA continues to bring home Olympic gold, our Gulf Coast community continues to strike gold with our enduring history of passionate and purpose driven leaders. Leading the bar is certainly a marathon and not a sprint. The horn has sounded. We are
off ! Godspeed, President Garrett LaBorde. Note: Garrett P. LaBorde is a Business and Intellectual Property Attorney with Lorium PLLC, a statewide business-centric law firm. To collaborate regarding ESRBA/professional values and ideas, he encourages you to reach out to him anytime at glaborde@loriumlaw.com.
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14 | The Summation
ESRBA Installation Banquet and 50th Anniversary Celebration by Jeff Nall, ESRBA Executive Director
T
he Escambia-Santa Rosa Bar Association recently held its annual installation banquet and
The 2021 Michael A. Doubek Community Service Award was presented to Douglas Grayson Miller. The 2020 Michael A. Doubek Community Service Award was retroactively awarded to Judge David Langham. The award is presented to a member or group of members of the Escambia-Santa Rosa Bar Association in recognition of volunteer service to the community.
Newly installed Executive Council officers are Garrett LaBorde, president; Aaron McCurdy, vice president; Christine Kelly, secretary; Joe Passeretti, treasurer; and Heather Lindsay, immediate past president. New and returning Executive Council members are Ryan Cardoso, Shekka Drayton, Jessica Etherton, Rebecca Gilliland, Joe Kirkland, Stephen Luongo, John Mahoney II, Amie Remington, Rachel Sheffield, Haley VanFleteren, Aaron Watson and Young Lawyers Division representative Andrew Spencer.
Newly installed Young Lawyers Division officers are Andrew Spencer, president; Michelle Nguyen, vice president; Logan Sliva, treasurer; and Brooke DiSalvo, secretary. Returning board members are Cecily Parker and Travis Morock.
formally celebrated the 50th anniversary of the association. Judge Linda Nobles conducted the installation of the 20212022 Executive Council and Young Lawyers Division officers and members. The association also recognized several of its members for their service to the profession and community.
The inaugural Civility and Professionalism Award was presented to Judge Ross Goodman. Henceforth, the award will be named in his honor and presented annually.
Shannon Morris was recognized as the recipient of the 2021 Young Lawyers Division William S. Meador Award. The award is given each year to a young attorney who distinguishes themselves by their commitment to our community through charitable and civil service. The award was established in 2005 to honor the legacy left by William Meador of practicing law with integrity, sincerity and courtesy while recognizing his commitment of giving back to the community.
The 2021-2022 Escambia-Santa Rosa Bar Foundation officers and directors were elected by the membership at the banquet. Newly elected officers are Shekka Drayton, president; D. Steve Traylor, Jr., vice president; and John “Buz” Windham, secretary/ treasurer. New and returning directors are Sheldon Bernau, Jeremy Branning, Jodi Dubose, Stephen Echsner, Cameron Townes Gore, Kristin Haul, Garrett LaBorde, Heather Lindsay, Patrick Martin, Adrianna Spain and Warren Todd. The Escambia-Santa Rosa Bar Association is a nonprofit voluntary organization for attorneys and judges in Escambia and Santa Rosa Counties in Florida. The association has approximately 700 members. Its mission is to provide outstanding service to its members, assist them in serving the profession and the community, make the association indispensable to the bench and bar and preserve and promote the two-county area as a unique place to practice law in a culture of camaraderie, collegiality, competence and mutual trust. For more information about the association or how to become a member, visit www.esrba.com.
Fall 2021 | 15
Christine Kelly and Shekka Drayton
Haley VanFleteren and Rachel Sheffield
Heather Lindsay and Judge Ross Goodman
Heather Lindsay and Grayson Miller
Heather Lindsay and Garrett LaBorde
Heather Lindsay, Allen Lindsay and Belle Gampher
The 2021–2022 ESRBA Executive Council
The Watson Firm
Garrett LaBorde and Warren Todd
Warren Todd and Heather Lindsay
16 | The Summation
Report from the Board of Governors from Jeremy Branning
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he Florida Bar Board of Governors met in person
(with some members attending via Zoom video conference) on July 23, 2021. The major actions of the Board and reports received included:
The Board Technology Committee reported that a recent threemonth “beta” test of a Florida Bar Tech Support Helpline was an unqualified success. Surveys showed that Bar members who called for help with their mostly routine IT problems were more than satisfied. The service was promoted primarily to the solo and small firm members who typically can’t afford a full-time IT staff. The committee voted to “explore options” on adding the service to the Member Benefits Program.
The Board approved the reversal of a Standing Committee on Advertising decision that found a law firm’s use of UF mascots in a series of TV ads impermissible under Rule 4-7.15(c), which prohibits lawyers from using advertisements that feature celebrity images or voices. The committee concluded that the mascots did not constitute an “individual” or a “person” under the definition of “celebrity” included in the comment for the rule. Read more in the Bar News. The Board also approved an amendment to Rule 3-7.16(d) that clarifies that the Bar will not take action on a complaint against a constitutional officer while that person remains in office. There was also new commentary added to clarify that the governor has the
authority to remove constitutional officers. The amendment must be approved by the Florida Supreme Court to become final. The Board also approved adding two services to the Member Benefits Program: Coaxis Hosting Solutions provides fully managed hosting, IaaS, hybrid cloud, back up, file sync and share and encrypted/compliant communications. The company will offer Bar members discounts based on the type of service. Hire an Esquire is a resource for law firms and in-house legal departments to find on-demand contract talent with over 13,000 vetted attorneys, paralegals, and associates available to assist with cases.
Fall 2021 | 17
Young Lawyer’s Division YLD Gears Up for the New Year by Andrew Spencer, YLD President
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xcitement is in the air at YLD for new events, a resumption of
old traditions and a return to some normalcy in a safe and responsible way. Before getting to that, however, recognition is in order for Travis Morock, YLD’s immediate past president, for achieving an improbable level of success during unprecedented times this past year. We are also deeply grateful for and should recognize the work of 20202021 board members Caitlyn Miller, Michelle Nguyen, Cecily Parker and Logan Sliva, as well as ESRBA’s Executive Director Jeff Nall and all members of the Executive Council and Bar Foundation Board. I was installed as YLD president in July and cannot wait to lead during this energetic time. We look forward to resuming our foundational
networking events that give young lawyers the opportunity to interact with other members of the bar, meet lawyers in diverse practice areas and generally feel connected to a sense of community. One of our primary goals is to build off of and expand on last year’s success and facilitate that sense of involvement, connection and community that is a cornerstone of our organization. We are also excited for the opportunity to resume the Lunch with a Judge program. This gives young lawyers a chance to spend time with members of the bench in an informal setting. Any litigator would agree that “face time” with a judge outside of chambers or the courtroom is invaluable, particularly for young lawyers or lawyers that are new to our Bar. This program
is a substantial benefit to our YLD members and we thank all of the past, current and future judges who volunteer their time. Last, but most importantly, we look forward to continuing our support of and involvement with charitable and service organizations in the local community. I recently attended, by Zoom, the first-inaugural Council of Affiliates meeting for the statewide YLD, along with Jeff Nall, and learned of multiple grant opportunities that could allow the YLD to increase our support of historical initiatives and expand our reach to new areas. We are working to secure and provide the maximum level of support we can for our community partners and we look forward to a great year.
18 | The Summation
The Bottom Line Happy Anniversary NWFPA! by Deb Johnson, CP, Past President of NWFPA
T
he Northwest Florida Paralegal Association (NWFPA) is celebrating its 40th anniversary this year! NWFPA continues
to promote the paralegal profession and all paralegals in the area as evidenced by the Association’s Mission Statement which reads: “The Northwest Florida Paralegal Association is dedicated to encouraging the ethical and professional growth of paralegals in the northwest Florida area by providing continuing education to members of the paralegal profession; by providing a venue for members to interact with other members of the legal community; and by supporting and carrying out the programs, purposes, aims and goals of the National Association of Legal Assistants, Inc.” To celebrate this ruby anniversary I thought it best to take a look back at NWFPA’s origins. The history of the Northwest Florida Paralegal Association goes back to sometime in
1978 when Pensacola Junior College (now Pensacola State College) began the A.S. degree program in Legal Assisting. The founding President of NWFPA joined with a dozen or so other students in the first classes offered at Pensacola Junior College. Those students would later become members of the Pensacola Legal Assistants Association (now known as the Northwest Florida Paralegal Association). PLAA was organized in August 1981 after several of the first legal assistant students upon finishing the legal assistant program at PJC sought to become certified and took the certifying exam offered by NALA (National Association of Legal Assistants). Our founding President Debra Becker sought to provide leadership and education to the local paralegals without having to travel and it was apparent that a local chapter affiliated with NALA could provide educational opportunities
and networking. The first year PLAA had about 20 members. Sometime in the 1990’s PLAA changed its name to Northwest Florida Paralegal Association in response to the growing legal field wherein attorneys were designating their legal secretaries as legal assistants. The change from legal assistant to paralegal sought to designate those with higher education in the legal field. Early on NWFPA also sought to provide assistance to the community and in doing so helped to create what is now known as Manna Food Bank, Inc. (Manna Food Pantries), a local grass root organization fighting hunger in Escambia and Santa Rosa counties in Northwest Florida. Manna continues to be a focused charity that NWFPA supports along with many other local charities and organizations. During the past 40 years, NWFPA has enjoyed the leadership of many wonderful and talented Executive Team
members who volunteer their time and talents to support and grow the association. The pandemic also created new challenges as monthly meetings and CLE presentation transitioned from in person to Zoom, but the commitment to continuing to offer those benefits to the membership has not wavered. In May 2021, NWFPA launched a brand new website (www.nwfpa.com) creating a more interactive experience for the members and allowing for submission of membership application and registration for monthly membership meetings directly through the website. NWFPA has certainly come a long way in 40 years and the future looks bright! NWFPA will always remain true to its mission to support and promote the paralegal profession and all paralegals….and that’s the bottom line.
Fall 2021 | 19
Argo Corner Alumni Spotlight – Ashley Armstrong by Charlie Penrod
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shley Armstrong, a 2017 UWF Legal Studies graduate, is
now a successful practicing attorney at the Watson Firm. In law school at Florida Coastal School of Law, Ashley excelled as a member of the number one appellate advocacy program in the nation. She also proudly served as the President of the Black Law Students Association (“BLSA”) and the Military Law Society, where she implemented numerous community programs assisting the underserved. While at the Watson Firm, Ashley has practiced corporate civil litigation, complex business litigation, construction law and tort defense. She also has experience working as counsel for several of the nation’s largest insurance companies in matters involving, Personal Injury Protection, bodily injury, worker’s compensation and longshore accidents.
Ashley was inspired to become an attorney by the women in her life who were dedicated to helping the community. Early on, Ashley recognized that one benefit of being a young lawyer is to show women and people of color that becoming a lawyer is attainable. She has made it a point to encourage others that they can accomplish what she has done. Ashley mentors young students, chairs community programs and engages with children as a way to connect with the community and to provide a model for others to follow. She has also established an initiative, Books 4 The Blocks, to provide children in marginalized Pensacola communities with books to dispel the school-toprison pipeline. Her dedication to her clients and the community at large is superb, and she is an example for others who wish to follow in her footsteps. Ashley strives to be a client-centered attorney, with an understanding that attorneys should attend to more than just the client’s legal rights. Specifically, Ashley’s mantra is that, “I work for clients who have suffered an injury through no fault of their own. Personal injury really is personal to the victim! Before I get justice for a client, I must provide hope, reassurance and calmness to my clients during one of the most stressful times for them. The most enjoyable part of my work is providing clients with help to continue medical care. In the end, my clients have closure and a healthy quality of life like before the accident occurred.” I asked Ashley why she likes the Watson Firm and the environment there. She
told me that, “The Watson Firm embodies a family-spirit that we extend to our clients. My past legal jobs had less client-interaction and I found them to be less fulfilling. Here, the Watson team is a big family, and our clients are the extended family.” Ashley had the opportunity to work in a variety of different areas of the law, but has found that working directly with clients is where her passion lies. Although Ashley is just starting her legal career, she has already impacted lives and made a difference. She is honored that she is able to provide support for each client, even regarding niches outside of her normal in-house practice. Being a counselor involves helping even those who are underserved, but equally as deserving, and Ashley lives that ideal in her daily practice. On a personal note, I recall the first class I had with Ashley. She immediately struck me as a student who was highly motivated, smart and willing to do whatever it took to achieve her dream of becoming an attorney. She never disappointed—she immediately became a star in the program and has proven me right. She explained to me that the Legal Studies program provided guidance and the fuel to continue in the profession by connecting her with lawyers who provided mentorship and guidance. I am so proud of Ashley and her accomplishments, and I am confident her exceptional talents in the law will establish her as a well-respected member of the local Bar.
20 | The Summation
Jazz for Justice Brings Live Music Back at Foo Foo Festival This Fall by Charlotte Waters Brass Band played Newport Folk Fest and has backed Common at the Essence Festival. This is a show you do not want to miss this November! Finally, we have the energetic buzz of Tuba Skinny who has been growing their musical talent for well over a decade in New Orleans. Slowly the group grew into a combination of traditional New Orleans jazz, with remnants of ragtime and depression era blues. This robust musical sound embodies the rich heritage for which Southern Louisiana is known.
E
ach year Legal Services of North Florida (LSNF) brings its A-Game for the annual Jazz for Justice music event. This year, Jazz for Justice will cap
the end of the annual Foo Foo Festival on Sunday, November 14, with a packed lineup beginning at 1:00 p.m. and running until 9:00 p.m. Seville Quarter will once again be home to this spirited festival, located in the historic center of downtown Pensacola.
2021 promises to be one of Jazz for Justice’s biggest events yet, with two headliners, seven additional bands and artists from North Florida all the way to Louisiana (and counting!). This lineup not only brings back many of our favorites, including Tallahassee native Big Daddy & Red Hot Java, but also new to Jazz for Justice artists like Pensacola’s local band Entropy Machine, Ft. Walton artist Nik Flagstar,
Blues crooner and Mississippi native Ed Adams and Alabama’s trumpet sensation Pat Whitehead. Last year’s headliner, Flow Tribe, will join the ranks of the 2021 lineup again, delivering the high energy flair we expect from their animated jazz riffs. LSNF’s co-headliners will bring the brass and the beat we have missed in live concerts over the last year and a half. Jazz for Justice is excited to announce New Orleans bands New Breed Brass Band and Tuba Skinny as 2021’s knockout headliners! New Breed Brass Band takes the energy and pizzaz of the second-line brass band tradition to all-new heights. Their musical coordination and passion, mixed with youthful exploration, brings a whole new attitude toward brass bands. Not only were they named “Best Emerging Artist” by OffBeat Magazine, New Breed
Start the day early on Sunday, November 14th, with a jazz brunch at Seville Quarter. Then step outside and start your afternoon with the main Jazz for Justice event. Come and go through the afternoon and into the evening, listen and dance to the music and grab a drink at Seville Quarter’s outside bar. While this event is completely free to the public, there are options for those who want to guarantee a seat or get the VIP treatment under designated tented areas. VIP tickets are limited and include designated seating, food and a VIP happy hour. As the closing activities of Foo Foo Festival, LSNF is proud to be in the ranks of many talented artists and amazing events taking place in the weeks prior. To learn more about all of these upcoming events, go to: FooFooFest.com. For more information about Jazz for Justice, the 2021 lineup, or purchasing special VIP tickets, go to JazzForJustice.org.
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