Summation Quarterly, Fall 2022

Contents

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

Executive Director Jeff Nall jeff@esrba.com

Member Services Coordinator Stephen Hayward stephen@esrba.com

Lawyer Referral Service Veronica Porter lrs@esrba.com

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.

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Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing.

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Caroline Peterson Jenice Jones Sheryl Lowenthal

Charlie Penrod Codey Leigh Allison Newton

Shekka Drayton Christine Kelly Garrett Hallbauer

Owner

From the President

aaron T. McCurdy

Friends and colleagues,

I am grateful and humbled to be serving you as President of the Escambia-Santa Rosa Bar Association. We have done so much over the past year, and I look forward to what is to come in the year ahead. Immediate Past President Garrett LaBorde has handed me the reins of an association that is not only financially thriving, but also busting at the seams with potential for our members. I do want to thank Garrett for his passionate leadership over the past year and for his mentorship to me over the last several years. We intend to not only carry on all his accomplishments, but build upon those as well, just as we have done for the last 51 years.

As we are coming off an extremely productive and exciting year with too many accomplishments to list, permit me to share with you some of our plans for this coming year. First and foremost is our inaugural ESRBA Mentorship Program. The program is designed to provide guidance to recent Florida Bar admittees and provide participants with an opportunity for mutually beneficial relationships that foster professional growth and career development. The applications are set to go live on September 1, 2022. We have a Mentorship Kick-Off event scheduled for V’Pauls on October 27, 2022, at 5:30 PM. The following week, the Young Lawyers Division will have their annual “What’s Next” event on November 3, 2022, designed to provide young attorneys with an understanding about some of the tools they will need as a transition into the practice of law. The mentors and mentees will meet at least three times over the course of the program. During that time, the pairs will discuss various topics such as law office management, client communication, common malpractice traps, and a host of other topics.

Another focus for this year is member engagement. I personally did not seek out volunteering with ESRBA. We need to do our part to seek out and encourage others to become involved as well. Part of that process is increasing our membership. There are over 400 attorneys in the Escambia and Santa Rosa County area that are not members of ESRBA. My goal is to find out why and what benefits we could provide that would make their membership worthwhile. By increasing our membership, we increase our engagement, which increases the benefits we can provide to our members. Over the course of the next year, I will be meeting with groups such as the State Attorney’s office, Public Defender’s office, in-house counsel attorneys, solo practitioners, and any other attorney that will listen to discuss with them how ESRBA can provide support in their practice areas.

I am proud of ESRBA’s successes over the last year, particularly in providing more opportunities for meaningful engagement of our members and sponsors, introducing innovative programming formats and topics, and providing professional development and outreach opportunities. In the year ahead, we will continue these initiatives, as well as adding programming designed for the different stages of your career. Thank you, members, for your continued participation and enthusiasm in our professional community, and sponsors for your incredible support. Finally, thank you for putting your faith in me to lead and represent ESRBA for the next 12 months. I look forward to what we will achieve together. Let’s have another great year!

The Escambia-Santa Rosa Bar Association Executive Council

Officers

President

Aaron T. McCurdy

Vice President Christine A. Kelly Secretary Joseph A. Passeretti

Treasurer

Rebecca Gilliland

Immediate Past President Garrett P. LaBorde

Executive Council

Ryan Cardoso

Jessica Etherton

Patrick Jennings Joe Kirkland Stephen Luongo John Mahoney II Rachel Thomas Andrew Spencer Aaron Watson Young Lawyer Representative Michelle Nguyen

Announcements

2022-2023 ESRBA Membership Renewal –Deadline Oct 15th

The ESRBA, founded in 1971, comprises approximately 600 members of the bench and bar of Escambia, Santa Rosa, and neighboring counties. Through its activities, the ESRBA serves both its members and the public by promoting the highest standards in the practice of law and the administration of justice.

The ESRBA’s mission is to provide outstanding service to its members, to assist them in serving the profession and the community, to make the association indispensable to the bench and bar, and to preserve and promote Escambia & Santa Rosa counties as a unique place to practice law in a culture of camaraderie, collegiality, competence, and mutual trust. We welcome input from all of our members on how we can better complete our mission.

Some of the benefits of membership are listing below, including some exciting upcoming events!

• Monthly Luncheons with guest speakers (October 26th – FL Bar President, Gary Lesser will be in town)

• Annual Holiday Party, December 15th at Heritage Hall

• Lawyer Referral Service

• Our New Mentorship Program (Launching October 27th)

• Exclusive Partner Discounts and Benefits on good and services

Don’t forget that members save 40% on our ever expanding library of CLEs Scan this QR code to check out our current selection of great CLE programming!

Stay current on everything going on with the Escambia – Santa Rosa County Bar Association

Be sure to check out the ESRBA website for all upcoming events.

• Live CLE Programs on Zoom and our Recorded Library

• News Direct from the Courts

• Annual Membership Directory

DEADLINE: October 15th, 2022

Please return your documents to the ESRBA office at 260 S. Tarragona Street, Suite 160, Pensacola, FL 32502, or email stephen@esrba.com. If you have questions about your membership status, please call Stephen Hayward at 850-434-8135 ext. 1.

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

Heather Lindsay Patrick Martin Aaron T. McCurdy (ESRBA President)

Adrianna Spain Warren Todd Mikaela Ziko

Escambia-Santa Rosa Bar Association Young Lawyers Division Board of Directors Officers

President Michelle Nguyen

Vice President Brooke DiSalvo

Treasurer Logan Sliva Secretary Alexandra Messmore

Directors

J. Mitchell de Kozan

Will Hahn

Travis Morock Sarah Papantonio Andrew Spencer Mikaela Ziko

Social! Connect with us on social media.

On the Move

Randall “Todd” Harris, of Cantonment, to serve as Judge on the First Judicial Circuit Court Harris is a Partner at Fleming, Harris, Bond, Bush & Associates, PLLC. Previously, he worked at McDonald Fleming, LLP for nine years. He received his bachelor’s degree from the University of West Florida and his law degree from Florida State University. Harris fills the judicial vacancy created by the resignation of Judge Flowers. Judge Harris will preside over Division “G” in Escambia County.

Kristina “Tina” Lightel, of Pensacola, to serve as Judge on the Escambia County Court Lightel is an Assistant Regional Counsel in the Office of Criminal Conflict and Civil Regional Counsel. Previously, she worked as an Attorney for the Department of Children and Families and as an Assistant State Attorney in the First Judicial Circuit. She received her bachelor’s and law degrees from the University of Alabama. Lightel fills the judicial vacancy created by the elevation of Judge Brodersen to the Circuit Court.

Scott Ritchie won the race for Escambia County Group 1 Judge. Ritchie (38,922 votes) defeated Paul Hamlin (21,344) in the August 23rd Primary Election. The group 1 seat was previously held by retiring Judge Pat Kinsey.

The personal injury attorneys at Walborsky, Bradley & Fleming announce the acquisition of the Panama City firm Bryant, Higby & Barr, Chartered and are pleased to welcome attorneys Cliff Higby and Kevin Barr to the Walborsky, Bradley & Fleming team.

The merger brings a wealth of

past experience and legal aptitude to the already formidable firm. Higby has practiced law for more than 30 years and currently serves on the Board of Governors of the Florida Bar. Barr is a former Assistant State Attorney and has twice been recognized as a Rising Star by Florida Super Lawyers magazine.

The firm will remain under the name Walborsky, Bradley & Fleming. Higby and Barr will continue their respective practices with emphasis on personal injury, wrongful death, and professional negligence.

Levin Papantonio

Rafferty is proud to announce that associate attorney Sara Papantonio has been elected to serve as Florida’s Revitalization Governor for the American Association for Justice. The Revitalization Governor is a member of the Board of Governors of the AAJ, which is the governing body of the Association and helps to further the Association’s mission to promote justice and fairness for injured persons and safeguard victims’ rights.

Emmanuel Sheppard & Condon (ESC) is pleased to announce the addition of attorney Rachel M. Miller to the firm as an associate in the real estate practice group. Her addition brings the full-service law firm to 27 attorneys and 50 supporting staff members who proudly serve clients from offices

in Pensacola, Pace, South Walton, and Tallahassee.

Rachel’s legal practice focuses on real estate and commercial matters, and includes assisting lenders, buyers, and sellers with commercial and residential transactions; working with landlords and tenants to draft and negotiate leases; handling business formations; working with homeowner and community associations to address their legal concerns; and assisting clients with boundary disputes and title issues affecting their property.

“We are delighted that Rachel has accepted a position as an attorney in our commercial and real estate practice group,” said Wesley Reeder, ESC Firm President. “Rachel’s background and experience, and the fact she is licensed as an attorney in both Florida and Alabama, make her a perfect addition to our already vibrant and growing real estate practice. Seeking out and hiring attorneys of Rachel’s caliber is a testament to our firm’s continued commitment to doing whatever is necessary to better serve our valued clients along the Gulf Coast and

throughout Florida and Alabama.”

Rachel started with ESC in 2021 in its real estate practice group, where she handled various aspects of real estate closings and commercial litigation, including correcting title issues, drafting contracts and legal documents, issuing final title insurance policies, legal research, and trial preparation. She is a graduate of Stetson University College of Law and is licensed to practice in Florida and Alabama.

The law firm of Wade, Palmer, and Shoemaker is pleased to announce Mathew C. Chavers is now a partner at the firm. Mr. Matthew Chavers, a graduate from Cumberland School of Law will concentrate his practice in general defense litigation. Before returning to his home state, he practiced in a civil litigation firm, located in Northern Alabama for several years. Matthew gained a broad range of knowledge throughout a variety of practice areas. He gained

experience in business litigation, family law, real estate transactions, wills and trusts, slip and falls, automobile accidents, and workers’ compensation.

Patrick S. Martin has joined the law firm of Boyd & Jenerette, P.A., as a Partner. He can now be reached at pmartin@ boydjen.com or by phone via 850-655-6621. Patrick was previously the managing attorney with GEICO in Pensacola.

Alexis L. Mays has joined Emmanuel Sheppard & Condon. She can now be reached at amays@esclaw.com or by phone via 850-433-6581.

Alexis was previously with the law firm of Galloway, Johnson, Tompkins, Burr & Smith

Sponsor Profile

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The Escambia - Santa Rosa Bar Association (ESRBA) Mentoring Program is designed to provide guidance to those recently admitted to the Florida Bar and provide participants with an opportunity to form mutually beneficial relationships that foster professional growth and career development. By harnessing the experience of highly principled, successful practitioners, new Florida Bar members will be offered a resource sparing them from experiencing many of the pitfalls that result from a lack of familiarity with the practice of law in Florida.

Practically, the mentor/mentee relationship should bridge the gap between law school and the practice of law by providing guidance in the new lawyer’s professional conduct and promoting a sense of pride in being a practicing lawyer. The qualities of an excellent lawyer include evidencing good character, exhibiting competence in the practice of law, and establishing a commitment to clients, the profession and the judicial system. The mentoring program, through assigned mentor/ mentee relationships, seeks to facilitate the newly admitted lawyer’s attainment of these attributes.

Mentees Eligible for the Mentoring Program

New members of The Florida Bar who are, or become, members of the ESRBA may apply to be a mentee within five (5) years of admission to The Florida Bar or within five (5) years of actively practicing law in Escambia or Santa Rosa counties. Mentee applicants should apply in good faith and plan to dedicate reasonable time and effort to the program.

the Mentoring Program

Members of the ESRBA who are and have been members in good standing with The Florida Bar for at least seven (7) years and/ or who have achieved Board Certification by the Florida Bar may apply to serve as mentors. Mentors should have no pending complaints, disciplinary actions, nor 10-year disciplinary history with the Florida Bar. Mentor applicants should apply in good faith and plan to dedicate reasonable time and effort to the program.

Mentoring Program Administration

After completing an application, prospective mentors and mentees will be paired by the Mentorship Committee. This matching will be based on multiple factors, including but not limited to law school attended, hometown, interests, and area of law. Once the pairing process is completed, the ESRBA will host a kick-off mentoring event, providing an opportunity for the participants in the program to meet each other. At that event, the Mentorship Committee will also provide a brief orientation to the program and further discuss expectations.

It is recommended that mentors plan for at least four one-hour visits during the course of the program. The ESRBA has a Sample Mentoring Plan with suggested topics/activities and will provide the same to the participants. To encourage active and positive discussion between the participants, confidentiality throughout this program is stressed. Neither ESRBA nor the participants accept professional

should follow up with mentees via some form of communication at least once a month for the duration of the program.

Mentoring Program Application Forms

Prospective mentors and mentees are encouraged to participate in the mentoring program by completing either a Mentor Application Form or a Mentee Application Form, as appropriate. The deadline for the current application period is October 3rd, 2022. The kick-off mentoring event will take place on October 27th, 2022.

If you have any questions or would like additional information about the ESRBA, please call (850) 434-8135 or email staff at esrba@esrba.com.

ESRBA President and Mentorship Chair

Mentorship Program Sponsored by

News from the Court

Chief Judge Miller

I t appears that remote court proceedings, like COVID-19, are now a permanent feature of the Florida judicial landscape. As many of you are likely aware, the Supreme Court of Florida, in SC22-1 and SC21-990, has recently amended the Florida Rules of Procedure to “provide permanent and broader authorization for the remote conduct of certain court proceedings.”

The changes impact almost every type of court proceeding, including civil, criminal, family, juvenile, traffic, and small claims. In its orders, the Court noted that the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19 had determined that this move was necessary “based on the positive outcomes and efficiencies observed during the pandemic.” The new rules take effect on October 1, 2022, and I strongly believe these changes will increase the efficiency of the court and make proceedings more accessible and convenient for participants.

Florida Rule of General Practice and Judicial Administration 2.530 now contains a “general authorization” for court proceedings conducted through communication technology, and is applicable unless another rule or general law governs. Baker Act hearings are specifically excluded. Rule 2.530 allows a court official to authorize the use of communication technology upon a party’s written motion or at the court official’s discretion. Motions to use communication technology

for non-evidentiary proceedings scheduled for 30 minutes must be granted absent good cause to deny the motion. As Chief, I do not intend to issue a policy regarding the use of communication technology in court proceedings, as the rule gives each judge discretion in evidentiary hearings and non-evidentiary hearings exceeding 30 minutes. The new rule also allows prospective jurors to participate via remote technology to address whether they may be disqualified, excused, or have their jury service postponed, as well as take part in voir dire in certain circumstances. Empaneled jurors may also participate in certain trials through audio-video communication technology.

Remote family law proceedings will be governed by rule 2.530, like all other civil proceedings. Notably, however, rule 2.530 does not apply in criminal proceedings. Rather, rule 3.116 governs the use of technology in criminal matters (with certain exceptions covered by other criminal rules). Juvenile proceedings are also exempt from rule 2.530. In juvenile proceedings, the newly amended rules provide that evidentiary proceedings must be conducted in person unless the parties agree, or the court orders for good cause shown, that the proceedings be conducted remotely or in a hybrid format. Factors which are relevant to good cause include the consent of the parties, the time-sensitivity of the matter, the nature of the relief sought, the resources of the parties

and the court, the anticipated duration of the testimony, the need and ability to review and identify documents during testimony, the probative value of the testimony, the geographic location of the witnesses, the cost and inconvenience in requiring the physical presence of the witnesses, the need for confrontation of the witnesses, the need to observe the demeanor of the witnesses, the potential for unfair surprise, and any other matter relevant to the request. In delinquency hearings, the court must give special consideration to whether the juvenile’s right to confrontation is adequately preserved. Other non-evidentiary proceedings may be conducted remotely or in a hybrid format upon agreement of the parties or court order.

I encourage each of you, if you have not already, to review the changes to the rules prior to October 1, 2022. In particular, I encourage the bar to be mindful of the completeness of the record when hearings are conducted remotely or as a hybrid hearing. In proceedings which are conducted remotely or in a hybrid format, and where either agreement of the parties or a court order is required, the record should reflect that the applicable requirements have been met. In addition, should questions arise with regard to the use of communication technology in specific cases, you are encouraged to contact the office of the presiding judge to address any concerns.

News from the Clerk of the Circuit Court and Comptroller Pam Childers

Public Access to Records Via the E-Portal

A recent federal case on the topic of access to court records has already prompted changes to the Florida Court’s E-Filing Portal (the “E-Portal”). In March of this year Courthouse News Service initiated a civil action against the Broward County Clerk of Court and the E-Portal seeking quicker access to newly filed civil complaints. The core issue in the case is whether a constitutional right exists to view civil court filings in-between the time a civil action is filed via the E-Portal and docketing by clerks of court. As a result of this case, one change to the E-Portal has already been implemented and another is expected within the next six months.

The first change, effective August 20, 2022, requires all filers to designate whether case-initiating documents contain confidential information. The required designation affects the following court types: Circuit Civil (CA); County Civil (CC); and Small Claims (SC). On the “Documents” tab, during the e-filing process, one of the following three options must now be selected: (1) the document(s) submitted contain no confidential information as defined by Rule 2.420; (2) the document(s) are accompanied in the same filing session by a notice of confidential as provided in Rule 2.420; or (3) the document(s) are accompanied in the same filing session by a motion to treat the document(s) as confidential.

Currently, the designation is only required during case-initiation and is not required when documents are being filed on an existing case. The filer’s selection will inform the E-Portal and clerks of court whether the filer believes the case filings contain confidential information as defined by rule 2.420 of the Florida Rules of General Practice and Judicial Administration (“Rule 2.420”).

The second change, announced at a special meeting of the Florida Court’s E-Filing Authority on August 26, 2022, will provide public viewing of documents in newly filed civil cases via the E-Portal. Currently, electronic court records are only available through clerks of court after case filings are docketed on a case. However, after the change is implemented, e-filed documents containing no confidential information will be available for viewing via the E-Portal for certain civil cases. At the special meeting it was announced that full implementation of this change is estimated to take six months. It is currently unknown whether images of new filings will continue to be available via the E-Portal after documents are docketed as part of the court record.

These changes come on the heels of another change ordered by the Florida Supreme Court in July of 2021. Last July, the Florida Supreme Court removed the dual-obligation of clerks of

court to review filings for confidential information in civil cases as defined by Rule 2.420(d)(1)(C). Before July of 2021, clerks were obligated by Rule 2.420 to review filings for confidential information regardless of whether the filer filed a Notice of Confidential Information Within Court Filing or Motion to Determine Confidentiality of Court Records. However, this dualobligation no longer remains in those specified civil cases and filings are now only reviewed for redaction if the filer properly designates information as confidential per Rule 2.420.

With records filed via the E-Portal soon to be more quickly and widely available it is vital to properly designate whether filings contain confidential information as required by Rule 2.420. Filers will also want to be cognizant of the requirement to minimize certain sensitive information as required by Rule 2.425. Members of the Bar, and those in the legal field, should be on the lookout for future announcements by the E-Portal as the full details of the new features are currently unknown. More information regarding the E-Portal can be found online at myflcourtaccess.com.

Authored by Codey Leigh, General Counsel for the Escambia County Clerk of Court and Comptroller.

IRON SHARPENS IRON MCCURDY’S PLAN TO GALVANIZE MEMBERSHIP

by Shekka Drayton, GEICO Staff Counsel

Aaron McCurdy, the duly installed 20222023 President of The Escambia Santa Rosa Bar Association, approaches the role with the practicality and pragmatism of a blacksmith. Having served under six past presidents, McCurdy’s leadership has been tried, tested, and tempered like steel.

McCurdy now endeavors to forge his own path with ambitious undertakings such as the inaugural ESRBA Mentorship Program. The program, set for a Fall 2022 launch, pairs newly admitted attorneys with experienced attorneys in hopes of fostering career development and personal growth. McCurdy is keenly focused on elevating the membership experience and supporting attorneys across a wide intersection of practice areas. McCurdy’s initiatives reflect his resolve to build ESRBA into an organization that expands its membership while strengthening member engagement.

McCurdy has no plans to rule with an iron fist. He describes his leadership style as diplomatic. “I always enjoy putting people in positions where they can succeed and leverage their strengths.” McCurdy can skillfully delegate responsibility having himself served in several positions within ESRBA. McCurdy recalls, “I began my involvement with ESRBA just like my predecessor. Michael Doubek approached me asking if I was interested in joining a committee tasked with considering whether the website should be redesigned. I served on that committee for several months during the 2014-2015 year and then Tiffany Durst asked me to serve on the Executive Council in 2016.” McCurdy also successfully served on the 20212022 Sponsorship Committee of the Executive Council during his

tenure as Vice President where he surpassed sponsorship goals by implementing a relational approach to securing sponsors. Those sponsorships greatly contributed to the high-quality programming of the 2021-2022 term.

Having learned the innerworkings of ESRBA, McCurdy now seeks to tailor the organization to the needs of its membership. To that end, McCurdy wants the 20222023 Executive Council to be a sounding board. McCurdy, in tandem with Vice President Christine Kelly, wants to hear directly from membership as to how ESRBA can provide more benefits and support various practice areas. McCurdy plans to start the conversation with groups such as The State Attorney’s Office, Office of the Public Defender, solo practitioners, as well as in-house counsel. Members can also expect surveys where they can provide direct feedback to the Executive Council. With his ear to the ground, McCurdy aspires to be a responsive and effective president.

McCurdy presents as a transparent leader with a heart of gold. He has earned a reputation of being even keeled, affable, and efficient- all qualities of a servant leader. During his remarks at the Installation Banquet, McCurdy shared that he was the first person in his family to graduate college and become an attorney. McCurdy’s journey to becoming

a well-respected attorney at one of Pensacola’s most renown firms, McDonald Fleming, shows the power of familial support and mentorship. “The support of my family throughout my life is a direct cause of the success I have today in my career and professional development,” candidly states McCurdy. “As most know, you cannot have both a successful career and family life without the understanding and support of family.” Aaron McCurdy is the son of Ron and Denise McCurdy whom he undoubtedly inherited his work ethic and Christian values from. McCurdy praises his wife of eight years, Rachel McCurdy, for supporting his career and raising their three children together, all while orchestrating a number of her own community initiatives.

The proverb “iron sharpens iron” succinctly reflects why McCurdy champions mentorship. McCurdy confesses, “I would not be where I am today in both my personal and professional life if it were not for mentorship. I have been blessed with so many mentors over the years that I could not name all of them.” While some may think of mentoring as taxing or time consuming, McCurdy takes a different approach. He believes that mentors can have a great impact by simply taking a few moments to provide encouragement or advice.

Mentorship creates a ripple effect that can positively change the trajectory of a person’s life. McCurdy himself has seen the

full circle impact of mentorship. During high school, he shadowed Judge Robert Hilliard. As fate would have it, Judge Hilliard would later administer the oath to McCurdy, ushering him into the practice of law. At present, McCurdy holds Judge Hilliard in high esteem as an invaluable mentor. McCurdy seeks to create the same opportunity for others. McCurdy’s passion for mentorship is a testament to his earnest desire to see others succeed. He encourages each person to define success on their own terms. “I strive each and every day to be successful at all facets of my life. I want to be known as a devout follower of Christ, a loving husband and father, and a respected attorney. That is success to me.”

As president, McCurdy is singularly focused on leaving ESRBA a better organization with stronger member engagement- a sentiment shared by his officers and the whole of the Executive Council. Members can expect the McCurdyKelly term to be defined by collaboration, innovation, and support. As anticipation builds for the launch of the ESRBA Mentorship Program, there is no doubt that the synergy and passion that created this initiative will sustain throughout the remainder of McCurdy’s presidency. As iron sharpens iron, so too will ESRBA be strengthened by the keen leadership of President McCurdy.

The Escambia-Santa Rosa Bar Association Installation Banquet

The Escambia-Santa Rosa Bar Association (ESRBA) recently held its annual installation banquet. Judge Linda Nobles conducted the installation of the 2022-2023 Executive Council and Young Lawyers Division (YLD) officers and members. The association also recognized several of its members for their service to the profession and community.

Newly installed ESRBA executive council officers and members are Aaron McCurdy, President; Christine Kelly, Vice President; Joe Passeretti, Secretary; Rebecca Gilliland, Treasurer; Garrett LaBorde, Immediate Past President; members Ryan Cardoso, Jessica Etherton, Patrick Jennings, Joe Kirkland, Stephen Luongo, John Mahoney, Andrew Spencer, Rachel Thomas, Aaron Watson, and YLD representative Michelle Nguyen.

The 2022 Judge Ross M. Goodman Civility and Professionalism Award was presented to Virginia Buchanan. Established in 2021, the award is bestowed to an ESRBA member whose dedication to civility, professionalism, and ethics exemplifies the character, commitment to the profession and to the

administration of justice of Judge Ross Goodman, the inaugural recipient.

The 2022 Michael A. Doubek Community Service Award was presented to Aaron Watson. 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 Young Lawyers Division officers and directors are Michelle Nguyen, president; Brooke DiSalvo, vice president; Logan Sliva, treasurer; Alex Messmore, secretary, and directors Travis Morock, J. Mitchell de Kozan, Will Hahn, Sarah Papantonio, Andrew Spencer and Mikaela Ziko.

Michelle Olliff was recognized as the recipient of the 2022 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 2022-2023 EscambiaSanta 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, Heather Lindsay, Patrick Martin, Adrianna Spain, Warren Todd, Mikaela Ziko and ESRBA President Aaron McCurdy.

Thank

Report from the Board of Governors

from Jeremy Branning

The Florida Bar Board of Governors met on July 29, 2022, in Palm Beach. Major actions and reports received included:

ACCESS TO JUSTICE/ DELIVERY OF LEGAL SERVICES

The Special Committee on Greater Public Access to Legal Services, charged with developing recommendations to improve the delivery of legal services to consumers while assuring lawyers play a proper and prominent role, reported that its work is underway. Committee members are reviewing past access efforts from across the nation, consulting with experts, and reaching out to other bar groups for input and data. Though the committee’s work is still in its early days, potential ideas include:

• The expanded use of certified legal interns;

• The use and promotion of prepaid legal services plans;

• Simplifying and standardizing court divisions;

• Acquiring more funding for civil legal aid;

• Intensifying the use of court navigators; and,

• Leveraging technological assets to improve access.

PROGRAM EVALUATION

The Program Evaluation Committee (PEC) reported to the Board that it has added a review of the Florida

Lawyers Assistance Program to its activities. The PEC is also reviewing the Florida Lawyers Helpline, which assists members with mental health challenges, and they are studying the duration of voting periods for Bar elections, among other work.

TECHNOLOGY

Technology Committee reported that it recently updated and posted its Best Practices for Remote Court Proceedings guide and is planning improvements to the MyFloridaBar Members Portal. The committee also plans to work with the Standing Committee on Technology to develop a webinar series and best practices guide to educate Bar members on cybersecurity. Read more in the Bar News.

YOUNG LAWYERS DIVISION INITIATIVES

The Young Lawyers Division laid out their plans for the year, which include a financial wellness webinar series on topics such as student-loan management, trust accounting and retirement planning; and enhancing the Affiliate Outreach Conference with more robust educational sessions.

NEW MEMBER BENEFIT

The board approved adding Trip Planet, Inc., to the Member Benefits Program. The online booking tool for business and leisure travel offers discounted airline, hotels, and other services.

OTHER ACTION

The Board also:

• Heard a report from the Communications Committee, which continues its work on a toolkit to help Board of Governors members more effectively communicate with their constituents.

• Approved a proposed amendment to Bar rules that

would close the “Antitrust and Trade Regulation Law” certification area due to the lack of new applicants (the area’s remaining board-certified attorneys would remain eligible for recertification).

• Voted without objection to accept the Code and Rules of Evidence Committee proposal to adopt “Chapter 2022-100, Laws of Florida, to the extent it is procedural” that would permit Florida courts to take judicial notice of information from web-based mapping services, such as Google Earth.

• Reactivated the Voluntary Bar Groups’ 2020-22 legislative positions as modified for the 2022-24 biennium and voted not to prohibit the advocacy of those positions for that time period, after determining that the legislative positions are within their scope, are not contrary to any of the Bar’s positions, and are not divisive.

Young Lawyer’s Division

by Michelle Nguyen, YlD President

M y name is Michelle Nguyen and I am honored to serve as this year’s President for the Young Lawyer’s Division-Escambia Santa Rosa Bar Association (YLD). I was born and raised in Pensacola, am a graduate from the University of Florida Levin College of Law (class of 2019), and practice family law at Meador&Johnson.

I was recently installed as this year’s President for YLD at the Installation Banquet in July. I am grateful for this opportunity to serve on a board made up of such a diverse group of young lawyers. On behalf of YLD, I want to take this opportunity to recognize and thank immediate past president, Andrew Spencer, for his past year of leadership; and to the 2021-2022 board members, Travis Morock, 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.

The YLD has been a positive experience for me since my time in law school. In my last semester of law school I participated as a Certified Legal Intern at the State Attorney’s Office here in Pensacola. During my time

there, I was able to make connections with other young attorneys who were involved with the YLD. As a result, I was invited to come out to YLD happy hour events and meet my future colleagues. Joining the YLD allows me the opportunity to make connections with other young attorneys in a fun and relaxed environment.

One thing I hope to bring with my leadership in the YLD this year is to have events that will allow members to make community connections with other organizations, in addition to the connections they will make with YLD members. In addition to our favorite happy hour events and lunches with a judge, it is my intention to put on more collaborative social and community service events this year with organizations including the Escambia Santa Rosa Bar Association, Florida Association of Women Lawyers, Pensacola

Young Professionals, and events benefiting some local nonprofits, including but not limited to The Birthday Party of Pensacola, and Feeding the Gulf Coast. I am very excited to bring some new events and collaborations to fruition this year and cannot wait to reveal

in more detail what we have in store.

Speaking of happy hour, -the YLD had their first happy hour event of the year on August 25th at O’Riley’s in downtown Pensacola. Members enjoyed making new connections and/or catching up with peers they have already met. I was happy with the turnout and excited to see some new faces.

Who doesn’t love drinks and networking?

I am looking forward to leading this year’s YLD and meeting our community’s young attorneys. It is my hope and intention that YLD resonates positively with other members and serves the purpose of allowing young attorneys the opportunities to make personal and

professional connections within the legal community that will last throughout their lifetime.

If you are a young attorney 35 and under, or an attorney with five or fewer years of practice you are eligible to join YLD so long as you are an ESRBA member. Additionally, if you are not eligible to join the YLD, but you have attorneys at your firm that are eligible to join, I urge you to please have them register and sign up so they can benefit from the YLD events and make connections in their legal community. If anyone has any questions regarding the YLD, or would like to sponsor a future happy hour event, please contact me by email at mtn@meadorjohnsonlaw.com.

Title IX – Celebrating 50 Years! The Bottom Line

by aurora Osborn, Ma , aCP, FRP

Title IX celebrates its 50th anniversary this year. This landmark legislation is commonly known in higher education circles as the federal sexual misconduct in education law. Title IX usually involves sexual harassment, sexual assault, stalking, dating violence, domestic violence, retaliation and, in some instances, sexual exploitation; however, it has roots in a much broader movement—the civil rights movement.

The 1964 and the Civil Rights Act prohibits discrimination on the basis of race, color, religion, sex, and national origin in the areas of employment and public accommodations. Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color and national origin—but not sex—in federally funded private and public entities. Patsy Mink of Hawaii, the first woman of color elected to Congress, spotted this gap. Specifically, Representative Mink took exception to the fact that women, especially female faculty, in the area of federally funded education were suffering from severe inequities. Representative Mink took on the task of sponsoring and co-authoring what would become Title IX of the Educational Amendments Act of 1972.

Title IX had many opponents. Notably, Texas Senator John Tower proposed an amendment that would exempt revenue-producing sports from the requirements of Title IX. Although his

amendment failed, it set the framework for the operationalization of Title IX in the following decades: gender equity in collegiate athletics. Title IX not only created but required many more opportunities for female athletes and, since its passage, women’s participation in sports has increased exponentially. Title IX is credited with contributing to the decrease of the dropout rate of girls from secondary school and increase in the number of women who pursue higher education and complete advanced degrees.

In the late 1970s, five female co-eds at Yale University alleged that Yale failed to “combat sexual harassment of female students” and “refused to institute mechanisms and procedures to address complaints and make investigations of such harassment” and such failure and refusal “interferes with the educational process and denies equal opportunity in education.” This case, Alexander v. Yale (2d Cir. 1980) was the first to use Title IX in charges of sexual harassment against an educational institution. The case further established that sexual harassment could be considered sex discrimination and was, thus, illegal and violative of Title IX.

Contemporaneously, Title IX evolved into a regulation that imposed a responsibility on educational institutions receiving federal financial assistance to act deliberately and promptly in cases involving sexual misconduct. Later in

1990, the Department of Education’s Office of Civil Rights (“OCR”) published the Title IX Investigation Manual, which provided guidance and processes to assist institutions in formalizing their policies around sex discrimination.

When an educational institution (K-12 or higher education) is found to be non-compliant with Title IX, they become vulnerable to civil lawsuits and OCR investigations. They risk having to suffer the reputational damage that accompanies such lawsuits and losing millions, if not more, in federal funding. The loss of funding can be detrimental.

The Department of Education (“ED”) under the Obama Administration increased schools’ accountability and broadened the scope and application of Title IX both in terms of conduct and location and allowed procedural discretion. The ED under the Trump Administration narrowed the scope and application of Title IX and established very specific procedural requirements. ED under the Biden administration is poised to roll back some of the Trump-era requirements and adopt a more inclusive application of the law.

Title IX is complicated and cumbersome; however, it is undeniably important and that’s the bottom line.

Argo Corner Human Trafficking and Opioid Use Disorder

by Jennifer l. Brinkley

Human trafficking is a transnational, organized criminal enterprise.1

It involves a trafficker, purchaser, and an individual who is being exploited. There is a complex relationship between human trafficking survivors and addiction, specifically opioid use disorder (OUD). Traffickers exploit victims through force, fraud, or coercion.

Opioids are classified as any drug (naturally occurring, synthetic, or semi-synthetic) that triggers the brain’s opioid receptors. 2 As opioids stimulate the brain receptors, releasing endorphins, pain can be reduced. 3 Opioids are highly effective at numbing both physical and emotional pain. This makes them an effective tool used by traffickers as a means of coercion. Traffickers have been known to recruit and control victims with opioids. Traffickers will control the dosage of the opioid with the victim and keep them in an orbit of use and withdrawal. Withdrawal, also known as being “dope sick,” results in excruciating physical and psychological symptoms. Past users have described withdrawal as feeling “like ants crawling under the skin or acid was being injected into their bones,” and a sickness so terrible one would do anything to prevent it. 4

Traffickers will recruit victims directly from drug rehabilitation centers and sober living residences. In a recent federal trafficking case in Kentucky, the defendant recruited a victim from a substance abuse treatment center into the sex trafficking ring. 5 Another one of the victims exploited by the defendant died of a drug overdose. 6 In 2019, a federal trafficking case with opioid involvement was prosecuted in Vermont. 7 The enterprise forced drug-addicted women to engage in commercial sex acts. The defendant initially told the women he would split prostitution proceeds with them but instead he supplied drugs in lieu of payment. This kept the victims reliant upon the defendant. These are not isolated examples of traffickers using opioid addiction as a means of coercion and exploitation.

It is important for legal professionals to understand that addiction is rooted in a medical condition and is not a personal or moral weakness. Human trafficking survivors who experience OUD should be treated with trauma-informed and victim-centered approaches, whether in the courtroom, a police station, or health care facility. They should be made to feel safe and secure in sharing their experiences, without fear of criminal

prosecution. Survivors have suffered several layers of trauma while being trafficked. Any procedures dealing with a survivor should be centered around their perceptions of safety and be sensitive to their needs. A trafficking case presents unique challenges, and every effort should be made to avoid re-traumatization of the survivor.

Human trafficking takes place in the shadows of daily life. Increased education of the public for signs to identify a trafficking victim is crucial in combatting human trafficking in our communities. Additionally, it is imperative that survivors have readily available services, like stable housing, drug treatment, mental health counseling, health care access, and vocational rehabilitation. These services should be funded so to be immediately available when a trafficking survivor has been able to escape their trafficker. The earlier that trauma-informed interventions can be provided to a survivor, specifically one suffering from OUD, the better.

1 Roza Pati, Human Trafficking: An Issue of Human and Na tional Security, 4. U. Miami Nat’l Sec. & Armed Conflict L. Rev. 29, 33 (2014).

2 Josh Bloom, ACSH Explains: What’s the Difference Between Opioids and Opiates?, Am. Council on Sci. & Health (Oct. 27, 2017).

3 Benjamin R. Nordstrom & Douglas B. Marlowe, Medica

tion-Assisted Treatment for Opioid Use Disorders in Drug Courts, 11. Drug Ct. Prac. Fact Sheet, Aug. 2016, at 1, 2.

4 Brian Rinker, What ‘Dope Sick’ Really Feels Like, Kaiser Health News (Feb. 8 2019).

5 Bill Estep, Former Lexington accountant pleads guilty in sex ring that victimized drug addicts, Lexington HeraldLeader (Nov. 18, 2020, 12:09 PM).

6 Bill Estep, Prostitution for pills. Former Lexington accoun tant charged in sex-trafficking case, Lexington HeraldLeader (Nov. 5, 2019).

7 Press Release, U.S. Dep’t Just., Vermont Man Who Ex ploited Opioid Addictions of Young Woman Convicted of Multiple Counts of Sex and Drug Trafficking and Related Offenses (May 10, 2019).

ESRBA

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Proudly announces

719 S. Palafox Street

719 S. Palafox Street

Florida

Florida 32502

477 0660

719 S Palafox Street Pensacola, Florida 32502

477 0660

Aaron T. McCurdy has joined the firm as a Partner.

Aaron T. McCurdy has joined the firm as a Partner.

Proudly announces Aaron T. McCurdy has joined the firm as a Partner.

Proudly announces Aaron T. McCurdy has joined the firm as a Partner.

Proudly announces

Aaron brings to the firm many years of civil litigation experience in Florida and Alabama, which has included litigation involving construction law, professional malpractice, employment law, and personal injury.

Aaron brings to the firm many years of civil litigation experience in Florida and Alabama, which has included litigation involving construction law, professional malpractice, employment law, and personal injury.

Aaron brings to the firm many years of civil litigation experience in Florida and Alabama, which has included litigation involving construction law, professional malpractice, employment law, and personal injury

Aaron brings to the firm many years of civil litigation experience in Florida and Alabama, which has included litigation involving construction law, professional malpractice, employment law, and personal injury

Aaron is a Martindale Hubbell AV rated Preeminent attorney and a Florida Supreme Court Certified Circuit Mediator. He is the current president of Escambia Santa Rosa Bar Association; serves as chair of the First Circuit Grievance Committee; and was recently appointed by Governor Ron DeSantis to the First Judicial Circuit Judicial Nominating Committee

Aaron is a Martindale Hubbell AV rated Preeminent attorney and a Florida Supreme Court Certified Circuit Mediator He is the current president of Escambia Santa Rosa Bar Association; serves as chair of the First Circuit Grievance Committee; and was recently appointed by Governor Ron DeSantis to the First Judicial Circuit Judicial Nominating Committee.

Aaron is a Martindale Hubbell AV rated Preeminent attorney and a Florida Supreme Court Certified Circuit Mediator He is the

president of Escambia Santa Rosa Bar Association;

Aaron is a Martindale Hubbell AV rated Preeminent attorney and a Florida Supreme Court Certified Circuit Mediator He is the current president of Escambia Santa Rosa Bar Association; serves as chair of the First Circuit Grievance Committee; and was recently appointed by Governor Ron DeSantis to the First Judicial Circuit Judicial Nominating Committee

chair of the First Circuit Grievance Committee; and was recently appointed by Governor Ron DeSantis to the First

Circuit

Aaron also serves as Membership Chair of the C Roger Vinson Pensacola American Inn of Court and is a board member for the University of West Florida Legal Studies Advisory Board

Aaron also serves as Membership Chair of the C Roger Vinson Pensacola American Inn of Court and is a board member for the University of West Florida Legal Studies Advisory Board

for

University

West

He also serves as an attorney ad litem for children in dependency cases in Escambia and Santa Rosa counties and as a judge for Santa Rosa County Teen Court

Aaron also serves as Membership Chair of the C Roger Vinson Pensacola American Inn of Court and is a board member for the University of West Florida Legal Studies Advisory Board.

of

Roger

He also serves as an attorney ad litem for children in dependency cases in Escambia and Santa Rosa counties and as a judge for Santa Rosa County Teen Court.

He also serves as an attorney ad litem for children in dependency cases in Escambia and Santa Rosa counties and as a judge for Santa Rosa County Teen Court.