Summation Quarterly, Winter 2022

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.

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.

Summation Committee

like to join the committee,

call the Bar office at 434.8135.

© 2022 Ballinger Publishing. All Rights Reserved.

From the President

Aaron t. McCurdy

Season’s Greetings All! As we round the corner into the new year, we have lots of great programming and benefits headed your way and have accomplished much these past few months. One of the things I am most excited about is having the inaugural ESRBA Mentorship Program up and running. This program provides mentees and mentors with stellar opportunities for deeper discussions about the qualities of an excellent lawyer. And as promised in my last note to you all, ESRBA is continuing its dialogue with our members about their various practice areas and how ESRBA can provide even more benefits to them in their daily practice. Be on the lookout for many more great things to come.

As this year comes to a close, I encourage all of us to take an account of the many blessings in our lives. While everyone finds themselves in different stages and places in this life, we can always discover something for which to be thankful. Do you continue to have steady work in the crazy times we find ourselves? Do you have loved ones whose voices you are still able to hear? Or perhaps even in the most trying circumstances, you are a citizen of the greatest country in the world, with more comforts at your fingertips than at any point in human history.

I appreciated a particular blessing in my own life a few months ago when I attended my very first Naturalization Ceremony. I had the unique opportunity to sit in the front of the room, with a fantastic view of the candidates for citizenship. While my grandparents immigrated from Brazil and Portugal, and often tell me how monumental it was to take the Oath of Citizenship, it was another thing experiencing it with my own eyes. And from my vantage point, I was even able to spy several of the older candidates with tears in their eyes as the Judge congratulated them on becoming fellow Americans. The Courtroom that day was filled with a sense of hope. No matter where these now fellow Americans came from, they now have endless possibilities before them. How often I take that for granted.

I am also reminded that we also bring hope to our clients. Hope to fight injustice. Hope for an unjust claim to be dismissed. While sometimes things do not always go our way at the end of the day, and there are imperfections in our legal justice system, it is still the best one in the world. And similarly, even though we all have imperfections in our own lives, there is reason to hope for a better tomorrow.

Let us all hope for a better tomorrow together, remember to treat everyone with respect, and live every day knowing that we have much for which to be thankful. I wish each one of you and your families Happy Holidays, a very Merry Christmas, and a Happy New 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 Alexis Mays Rachel Thomas Andrew Spencer Aaron Watson

Young Lawyer Representative Michelle Nguyen

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.

Announcements

The Escambia-Santa Rosa Bar Foundation

Board of Directors

First Judicial

Circuit

Professionalism ConferenceFebruary 3, 2023

Attorneys and judges from Escambia, Santa Rosa, Okaloosa and Walton counties will gather Friday, February 3, 2023 at The Island Resort in Fort Walton Beach for the 2023 First Judicial Circuit Professionalism Conference.

The conference will begin at 11:30 a.m. with lunch followed by an afternoon of Continuing Legal Education led by judges from across the circuit. There will be opening and closing general sessions led by Circuit Judge John Brown. In between, attorneys and judges will divide into breakout sessions designated by field of law, including civil, criminal, family and probate, real estate and trust. Attendees will have the opportunity to gain three Professionalism CLE credits. The rate is $125 for members of the EscambiaSanta Rosa Bar Association, the Okaloosa Bar Association and/or the Walton County Bar Association and $150 for future members. Conference registration is now open at the events page at www.esrba.com. A discounted room rate has been arranged at the resort starting at $109 per night.

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

On the Move

Shekka Drayton has joined the Dutton Law Group. She can now be reached at (850) 390-4040, or via email at sdrayton@duttonlawgroup.com. She continues to focus on the practice of defense oriented personal injury protection (PIP).

Who’s Who Legal (WWL) has recognized Stephen D. Wilson as a global leader in the 2022 edition of WWL: Sports & Gaming.

Since 1996, WWL has identified the foremost legal practitioners in multiple areas of business law.  WWL’s findings are based on recommendations and feedback from eminent private practitioners in the sector or industry in question as well as from corporate counsel or other clients who have worked closely with the nominees.  WWL confirmed that Mr. Wilson was “nominated by [his] peers as one of the world’s leading practitioners in this field.” WWL selected Mr. Wilson based on “independent research with clients and peers as being among the country’s highest-ranking lawyers for inclusion in the 2022 edition of WWL: Sports & Gaming,” which it described as

“one of [WWL’s] most competitive editions.”  WWL found Mr. Wilson to be “a worthy winner based on excellent reviews from [his] clients.”

WWL has previously recognized Mr. Wilson as one of the world’s highest-ranking attorneys in the fields of Sports and Entertainment in the following directories:

• Who’s Who Legal 2016 –Compendium Edition

• Who’s Who Legal: Sports & Entertainment 2015

• Who’s Who Legal 2015 –Compendium Edition

• Who’s Who Legal: The International Who’s Who of Sports & Entertainment Lawyers 2013

Mr. Wilson has practiced law for over 20 years and serves as Practice Group Manager of the Sports & Entertainment and Intellectual Property groups at Beggs & Lane

Beggs & Lane is pleased to announce that Carllee J. Godwin has joined the firm as an associate in the Pensacola office. Ms. Godwin previously interned with the firm during her time at the University of West Florida while she was earning her B.A. degree.  She also served as a clerk with the firm during her second year at the University of

ESRBA New Members

Chris Dutton

Dutton Law Group cdutton@duttonlawgroup.com

Madeline Pendley

Levin Papantonio mpendley@levinlaw.com

Cassandra Buer

Children’s Legal Services Cassandra.buer@gmail.com

Shelby Savage

Taylor, Warren, Weidner & Hancock ssavage@twwlawfirm.com

Florida Levin College of Law.

Ms. Godwin assists the firm’s corporate, tax, and estate planning groups primarily in the areas of tax law, corporate law, including mergers and acquisitions, healthcare, estate planning and high-net worth estate tax planning, probate, not-for profit and charitable organizations, and business planning from creation to succession planning.

Ms. Godwin received her J.D. and her LL.M. in Taxation from the University of Florida in 2021 and 2022.

Emmanuel Sheppard & Condon (ESC) is pleased to announce that Alexander “Ander” T. Shimek has joined the firm as an associate attorney in the personal injury practice group. Ander will work alongside the firm’s experienced 29 attorneys and more than 50 staff members who proudly serve clients from offices in Pensacola, Pace, South Walton, and Tallahassee.

Ander received his Bachelor of Science in Finance from Florida State University in 2019 and his Juris Doctorate from Cumberland School of Law. Ander began working at the firm an accounting intern after receiving his bachelor’s degree and then worked two consecutive summers as a law clerk,

with his second clerkship working specifically with the personal injury team.

As a Gulf Coast native, he graduated from Pensacola Catholic High and Montessori School of Pensacola. Ander and his family enjoy going to the beach and taking advantage of all that Northwest Florida has to offer.

Clark Partington congratulates and welcomes two new attorneys after recently passing their Florida Bar Exams. Sara N. Martin joins the Firm’s transaction department as an associate attorney, where she will focus her practice in wills, trusts and estates. Marcela Fishbein joins the firm’s litigation department as an associate attorney, where she will focus her practice in commercial, real property, and insurance litigation as well as business transactions.

Sara is a Northwest Florida native, a UWF alumna, and graduate of Cumberland School of Law, who first joined us as a summer clerk in 2021.

Marcela is a South Florida native, a Johns Hopkins alumna, and graduate of the FSU College of Law, who first joined us as a law clerk in 2021.

Chris Patterson Office of the State Attorney ccpaterson@osa1.org

Gregory Lenzi Carver Darden lenzi@carverdarden.com

Kishane Patel

KJP Counsel, PLLC kishane@kjpcounsel.com

Valerie White Wicker Smith vwhite@wickersmith.com

Tabitha Highland Wicker Smith thighland@wickersmith.com

Brandon Caraway

Vernis and Bowling Bcaraway@florida-law.com

News from the Clerk of the Circuit Court and Comptroller

Pam Childers

E-Recording in Official Records

Did you know the Clerk’s office offers a variety of online services for your convenience? Below is a brief overview of the online services available.

What can you do online?

• Bid - Use our online services to bid on county tax deed and foreclosure properties.

• E-Notify - Register for the electronic notification service provided by flcourts.org which sends registered users electronic reminders for upcoming court dates.

• Pay - Access various vendors through our website to pay court fees, collection payments, child support, traffic citations, and tourist development tax.

• Certified Copies - Purchase electronically certified copies of court documents and Official Records instruments using Clerk E-Certify. This convenient online service produces secure, reusable, and verifiable e-certified copies of Escambia’s digitized public records.

• Value Adjustment Board (VAB)File a new petition online with the Value Adjustment Board.

• Escrow - View information related to escrow or other account related information.

In addition to these online services, the Clerk’s office also offers eRecording. What is eRecording? eRecording is the secure online submission of documents to the Clerk’s office for recording in the

Official Records of Escambia County, Florida. eRecording streamlines the recording process by eliminating the need to mail or deliver documents to the courthouse, saving time and money for both the Clerk’s office and you. With eRecording, you scan your document and use a third-party vendor application to upload the document and associated data. No special equipment is required— just a computer with high speed internet access and a scanner. Funds are transferred using ACH for recording fees, transfer taxes, and the fee that is paid to the vendor for this process.

What vendor should you use for eRecording? The Clerk’s office is precluded from recommending vendors, but a hyperlink to each of the vendors is provided on our website so that you can easily research each vendor in order to determine which best suits your personal and/or professional needs.

What documents can you eRecord?

The types of documents available for eRecording varies depending on the vendor used; however, the documents most commonly eRecorded are:

• Assignments of Mortgage

• Assignments

• Deeds

• Liens

• Mortgages

• Notices of Commencement

• Satisfactions of Mortgage

There are some documents that cannot be eRecorded, such as:

• Bonds

• Certain Miscellaneous Notices

• Military Discharge (DD-214)

• Notices of Bond

• Notices of Contest of Lien

• Notices of Homestead

• Plat/Maintenance/Right-of-Way Maps

• Transfers of Lien to Cash or Surety Bond

There may be additional documents not listed, but our Official Records staff will work with you to determine whether a specific document not listed can be eRecorded.

What are the benefits of eRecording? Documents can be submitted for recording electronically 24 hours a day, 7 days a week. eRecording also expedites the recording process with many documents being recorded the same day they are submitted. eRecording increases efficiencies, streamlines work flow, and saves time. eRecording also eliminates the need to send original documents to our office which means the original documents never leave your possession.

If you have questions about any of the online services listed, please visit our website at www.escambiaclerk.com for more information.

Authored by Cassie Gilmore, Director of Court Services, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller

News from the Court

Chief Judge Miller

Run, hide, fight. When an active shooting event unfolds, those in the line of fire must decide which of these three tactics to employ to keep themselves and those around them safe from harm. Experience has taught us that careful preparation and advance consideration of the “what-ifs” that surround a traumatic event can make a dramatic difference in the outcome of an unthinkable situation.

To better prepare for the possibility of such an event, the First Judicial Circuit and the Escambia County Sheriff’s Office recently conducted an active shooter drill at the Theodore Bruno Juvenile Justice Center. The event was designed to give employees and agency staff the opportunity to practice their individual responses to a potential active shooter. Over the course of the afternoon on October 14, law enforcement enacted different scenarios involving an active shooter threat in the Bruno building. Some employees played active roles in the exercise, while others were instructed to play “wounded.” Still others merely observed, or behaved as if it were a normal day at work until the shooting scenarios began, and then reacted accordingly.

Numerous agencies were invited to participate, including the Escambia

County Clerk of Court, Office of the Public Defender, Office of the State Attorney, Office of Criminal Conflict and Regional Counsel, Guardian ad Litem, Department of Children and Families, Children’s Legal Services, Department of Juvenile Justice, Dynamic Security, Families First Network, Escambia County Board of County Commissioners Administration, Escambia County Fire, EMS, and Corrections, and the City of Pensacola Police Department, Fire, and EMS.

Unfortunately, the threat of an active shooter in a courthouse facility or other public venue is all too real. FBI data shows that the number of active shooter incidents identified in 2021 represents a 52.5 percent increase from 2020 and a 96.8 percent increase from 2017. You need only to watch the evening news to understand that it is a threat in our society which cannot be ignored. For this reason, we are grateful to all those who participated with us to make the First Judicial Circuit a better, safer place to work.

After the exercise, participants were encouraged to share feedback on the event. Participants noted that the drill was an excellent opportunity to practice “run, hide, or fight” in a “real” setting. Some stated that they appreciated the

opportunity to react realistically to a “surprise” situation, and found that the exercise opened the door to discussion with colleagues about security practices. Still others remarked that when faced with the controlled chaos of the scenarios, they automatically moved to hide or run, but later determined in retrospect that their choice may not have been the best decision under the circumstances.

As members of the bar, I encourage each of you to adopt a vigilant mindset, not only in the courthouse but in any public setting. In planning and executing the drill, law enforcement emphasized the importance of always being aware of your options in public places. Be mindful of entrances and exits. Build relationships with staff and with security personnel. Be aware of when someone or something seems “off”. Don’t be embarrassed to speak out if something or someone appears out of place. In addition, I would urge you, if you have not already, to consider opening the lines of communication and training in your offices as well. While it is unfortunate that these things must be considered, we are deeply appreciative of the opportunity to practice our responses in a safe environment, and hope that the lessons we learned will never need to be employed.

Josef Mitkevicius: Breaking Barriers, Building Trust

by Shekka Drayton, Dutton Law Group

Mitkevicius Law, PLLC is described on the firm’s website as a fully bilingual criminal defense law firm dedicated to providing high-quality legal representation to individuals who have been charged with crimes. The need is evident. Mitkevicius notes approximately 70 percent of his clients at any given time do not speak English. Not only do his clients face language barriers, but there is also unfamiliarity with the justice system. Mitkevicius explains individuals raised in the United States usually have a general understanding of jury trials and plea agreements. However, these concepts can be novel to immigrants. With his Spanish-speaking clients, Mitkevicius meticulously explains the criminal justice system- a system made even more complex with collateral immigration consequences.

and Ramirez share an office space downtown and work closely on several cases. Both firms represent a safe space where Spanish-speaking clients can receive excellent representation.

Court appointed interpreters are another resource for Spanish-speaking defendants. Court appointed interpreters are the greatest resource that we have for individuals with language barriers. We have an incredible team of court appointed interpreters in the 1st Circuit who go the extra mile in helping individuals with language barriers to navigate the court system. They are caring, knowledgeable and hard-working interpreters.

Access to the courts is a challenge that permeates all levels of society. However, access to courts presents a unique challenge for individuals who do not speak English as a first language. Although this issue is ameliorated by the support of court appointed interpreters, language barriers arise long before the individual steps foot in a courtroom and persists beyond the resolution of a case. Bilingual attorney Josef Mitkevicius is confronting this reality by providing criminal defense representation with a special emphasis on meeting the needs of the Hispanic community. Through his criminal defense practice, Attorney Mitkevicius seeks to break down language barriers while building the trust of his clients.

Mitkevicius, commanding in stature yet humble in demeanor, is a graduate of Georgetown Law. He possesses the sharp wit and skills one would expect from a scholar of his pedigree. After law school, he worked in Washington D.C. on a Foreign Corrupt Practices Act investigation involving bribery of public officials in Mexico. He dedicated two years to this work. Mitkevicius went on to Mexico City where he worked on a money laundering investigation. In 2016, he returned to his hometown of Pensacola. He served five years with the Public Defender’s Office. During his time, Mitkevicius was able to witness the increasing need for representation for Spanish-speaking defendants. “I also felt a unique sense of fulfillment each time I was assigned a case in which the client was a Spanishspeaker,” reflected Mitkevicius. Thus, the impetus for Mitkevicius Law, PLLC, was born.

“Once arrested, navigating the system can be extremely difficult without the ability to speak English. If someone is not a United States citizen, Immigration and Customs Enforcement (ICE) will often place a hold on a defendant as soon as they are booked in the local jail. Once an ICE hold is in place, a defendant cannot bond out of jail. If they do post bond, they are taken directly into immigration custody and transported out of state to a privately run immigration detention center. Posting bond with an ICE hold has drastic consequences because the defendant will miss their criminal court date and often end up with a warrant for failure to appear. The immigration case is also more difficult when someone has a pending criminal matter.”

— Josef Mitkevicius

The collateral immigration consequences of a criminal conviction for a non-citizen are complicated and constantly changing. Mitkevicius ensures his clients consult with an immigration attorney prior to entering any plea agreement. Aida Ramirez of The Ramirez Hormaza Law Group is a Spanish-speaking immigration attorney who has built a fully bilingual firm to address these needs. Mitkevicius

Unfortunately, there are bad actors that take advantage of this community. Language barriers can cause Spanish-speaking defendants to fall prey to fraudulent and exploitative practices. Mitkevicius explains, “Notarios” are people who get their notary public license in the United States and operate under the Spanish translation for notary. In most Spanish-speaking countries, a notary is a lawyer with special powers akin to a Magistrate in the United States. Spanishspeakers are often defrauded out of large sums of money in pursuing work permits or legal representation.

Mitkevicius’ zealous advocacy has earned the trust of this community. His care and concern are genuine. He derives his passion from his parents. Mitkevicius is the proud son of immigrants. His mother was born in Italy, and his father was born in a refugee camp in Germany. His paternal grandparents fled Lithuania. Seeking justice for immigrants is a cause deeply rooted in his family history.

Mitkevicius’ firm is built around the core values of non-judgement, client happiness, openmindedness, transparency, honesty, and zealous advocacy. “We strive to be a place where everyone who walks in our doors, no matter what they are accused of or what their background, feel immediately welcomed and respected,” explained Mitkevicius.

Although navigating the justice system can pose a formidable challenge to Spanish-speaking defendants, Attorney Mitkevicius has the knowledge, experience, and passion to clear the path to justice.

THE FOUNDATION: PAST, PRESENT AND FUTURE

by Shekka Drayton, Dutton Law Group

What began as a small organization with a modest endowment has grown into a community resource with a six-figure endowment. The Foundation’s longevity and success is a testament of the dedicated efforts of its past leadership. Appreciating the tenacity and effort this trajectory required, the current Board of Directors seek to increase awareness and support of The Foundation.

The Foundation’s early funding was derived directly from the ESRBA. Early donations were largely derived from the ESRBA’s success in the implementation and facilitation of continuing legal education courses, a function ESRBA maintains at present. In 1988, The Supreme Court of Florida adopted the measure, requiring all members of The Florida Bar to continue their legal education. The early CLE system was not the robust bank of courses that attorneys are currently

accustomed to. The local bar met a critical need by providing these required courses. The endeavor proved to be lucrative. From the success of the CLE program, the Association made a sizeable gift to the Foundation. The initial endowment was around $15,000. With this support, the Foundation went on to carry out its critical function, providing grants to community initiatives that align with its mission. Past President Matt Dannheisser, Law Offices of Matt E. Dannheisser, recalls the early focus of The Foundation as two fold: 1. Improving the reputation of the Bar Association and local attorneys and 2. Community outreach and development.

The Foundation’s history is intimately tied to the local judiciary. There was a time in its history where the Foundation’s endowment was very near utter depletion. A tragedy,

the shooting and murder of Judge W.L. Bailey during an alimony hearing in Port St. Joe, sent shock waves through the legal community. Courthouse security became an urgent issue. Past President Stephen Echsner of Aylstock, Witkin, Kreis & Overholtz, PLLC, vividly recalls the dilemma of courthouse security. Escambia and Santa Rosa counties owned the courthouses, respectively, yet the buildings housed State of Florida employees. This conundrum created a debate as to which entity was responsible for funding security measures. The safety of the local judiciary, court staff, and community sat at the center of a bureaucratic paradox. Realizing the urgency of this need, the Foundation contributed a substantial amount of its endowment to purchase security-screening machines for the Escambia and Santa Rosa courthouses. Although the grant aligned with its mission and met a critical need, the Foundation’s endowment suffered from the significant expenditure. Since then, the Foundation’s Board of Directors has adopted amendments to safeguard the balance of the endowment.

The revitalization of the Foundation is often credited to its longest serving President, Attorney Stephen Echsner. Past President Echsner tirelessly guided the Foundation through its lean years. Although he

The Escambia-Santa Rosa Bar Foundation, established in 1985, is a 501(c)(3) charitable organization. As the philanthropic arm of the Escambia-Santa Rosa Bar Association, the Foundation’s mission is to foster greater accessibility to the judicial system, improvements to the overall quality of the administration of justice, law-related education, increased public awareness of the judicial system, and improved management and operation of the court system.

was at the forefront, he attributes the Foundation’s success to support from the Foundation’s Board of Directors, The Association, especially the ESRBA Presidents he served alongside, and the Executive Directors of ESRBA. When asked what motivated him to serve as president for nearly two decades, he responded, “I did not want to give up. It was a worth while cause for the benefit it provided the public.”

Another source that aided in the rebuilding on the Foundation’s endowment is The Wall of Honor. In 2007, The Wall of Honor, a memorial wall honoring and commemorating deceased attorneys and judges of the First Judicial Court, was established. For a set contribution to the Foundation, the honorees’ name is etched on the Memorial Wall. The Wall of Honor is prominently displayed on the first floor of the M.C. Blanchard Center. This funding, alongside annual individual donations, ensures The Foundation has the ability to carry out its mission.

The Foundation, through periods of growth and reduction, has been steadfast in its community support. Historic initiatives include supporting John Appleyard publications for Middle Schools, Law Week, High School Mock Trial competitions, and collegiate scholarships. Education is a central

pillar of the Foundation’s mission. The Foundation has also elevated the aesthetic of local courts through the “Art in the Court” project. The Foundation continues to fulfill its mission. Recent grant recipients include Santa Rosa Teen Court, Jazz for Justice, Pensacola Kappa Charity Foundation, and Pine Forest High School.

At present the Foundation is led by President Shekka Drayton, Vice President Steve Traylor, and Treasurer/Secretary John “Buz” Windham. The Foundation’s Board of Directors include Past President Stephen Echsner, Past President Adrianna Spain, ESRBA President Aaron McCurdy, Heather Lindsay, Warren Todd, Jeremy Branning, Jodi Dubose, Patrick Martin, Cameron Gore, Sheldon Bernau, and Mikaela Ziko. The Foundation in its current composition hosts several Past Presidents of ESRBA as well as Past Presidents of the Foundation. This institutional knowledge ensures the Foundation’s leadership has both

an understanding of the past and a clear direction for the future. The Board of Directors thoroughly vets every grant application to ensure it aligns with the mission of the Foundation. With such experienced and passionate members, the community can rest assured that The Foundation will continue to be a beacon of support.

Looking to the future, Past President Echsner’s desire for the Foundation is simple. Echsner wishes “for the continual and perpetual existence” of the Foundation. The Foundation’s success relies on an ongoing synergy- financial support from donors and grant applications from community organizations. It is the intention of the current Board of Directors to increase the awareness of the Foundation in order to grow its endowment and increase its community impact. For more information about The ESRBA Foundation and how to support its mission, visit our webpage at esrba.com.

Young Lawyer’s Division

by Michelle nguyen, YLD President

Iamhappy to report that the ESRBA Young Lawyer’s Division (YLD) has enjoyed several successful events this past quarter that further our mission of providing opportunities to network with fellow lawyers and encourage community service. One of my main goals as President of the YLD is to host events that allow members to make community connections, create and strengthen relationships with other members, and learn about different community causes.

In September, YLD had the most beautiful weather for its happy hour cruise event on “The Gratitude” thanks to Levin Papantonio Rafferty. Members enjoyed networking on a yacht while taking in views of the beautiful Pensacola sunset.

In October, YLD hosted a social-service event benefitting “The Birthday Party” (TBP). Coupling a social and service event together allowed members to enjoy networking, learn about a local nonprofit organization, and give back to the community. Members showed off their wrapping skills by wrapping banker boxes that will be filled with everything a child may need for their loved ones to throw a birthday party for them. These boxes essentially become a “birthday in a box” for

each child that receives a box from TBP.

In November, YLD presented the “What’s Next” panel event. This event allowed young lawyers to learn from the experiences of local lawyers and judges and to gain words of wisdom that they can apply in their daily practice. YLD was fortunate to have several members of the judiciary present, as well as other members of ESRBA attend the panel event and mingle with our young lawyer members for the social hour following the panel event.

Additionally, YLD was able to collaborate with Pensacola Young Professionals in November for a joint community service event with Feeding the Gulf Coast. I firmly believe that one person can make an impact, but that in a group, we can accomplish so much more. The “Tour and Sort” event was such an informative and eye-opening experience to better understand Feeding the Gulf Coast’s mission and how they help combat food insecurity in the community. Members toured the warehouse of Feeding the Gulf Coast, sorted meals, and packed backpacks with food for children facing hunger over the weekends. Our group holds the

current record for packing the most backpacks for children. We packed 1,400 backpacks, which will be able to provide a total of 8,400 meals plus snacks! I am looking forward to collaborating with Pensacola Young Professionals again soon, as we have a joint networking event already planned for February 2023.

It is never too late to join and be a part of all our events! If

you are a young lawyer 35 and under, or a lawyer with five or fewer years of practice you are eligible to join YLD so long as you are an ESRBA member. If you have any questions about joining please contact me at mtn@meadorjohnsonlaw.com.

As the year comes to an end, I would like to wish everyone a happy holiday season and an even happier 2023 new year!

ESRBA Community Service Initiatives

The Escambia-Santa Rosa Bar Association leadership is committed to serving “community”, whether that be our legal community or the larger community in which we live, work and play. At this time of year especially, our thoughts go to those less fortunate and how we can help.

For our second year, ESRBA members have volunteered with the Watson Family Foundation for its 5th Annual Community Thanksgiving Dinner Giveaway, which supports hundreds of families in local Pensacola communities.

“It’s always great to walk up to the cars and get those big bright smiles,” Kimberly Watson, Watson Firm spokeswoman said. “Shake people’s hands and give people a hug and everything just in the spirit of giving for Thanksgiving.” ESRBA members helped with food distribution, set up, and clean up after the event, which was held on Monday, November 21. More than 1,000 turkeys and hams plus grocery bags filled with sides were provided to those who lined up in vehicles for the drive-up food distribution event.

The ESRBA Community Service Committee is also encouraging ESRBA members to join together in support of Communities Caring at Christmas.

Established in 1979 by WEAR ABC 3, Community Caring at Christmas has a long tradition of making the holidays brighter for more than 8,000 recipients. Communities Caring provides new toys, clothing and daily living supplies for abused, neglected or abandoned children living in foster care, children living in poverty and adults with developmental disabilities in Escambia, Santa Rosa, Okaloosa and Walton counties.

“Because of your generosity, thousands of children in our community will share in the joy of Christmas,” said Sue Straughn, WEAR-TV Senior News Anchor/Public Affairs Manager and Communities Caring at Christmas, Founder/Organizer. “From the bottom of my heart, I thank you for your kindness. What a blessing!”

Unwrapped gifts can be dropped off at the ESRBA office, 260 S. Tarragona Street, Suite 160 through Wednesday, December 7

between the hours of 10:00 a.m. and 1:00 p.m. Donations to Community Caring are tax-deductible through its partnership with Community Health of Northwest Florida.

Monetary donations are also accepted via check and credit card. Checks made payable to Communities Caring at Christmas can be mailed to Community Health Northwest Florida, 2315 W. Jackson Street Pensacola, FL 32505. Online

donations can be made at www.healthcarewithinreach. org/donate. Please select Communities Caring at Christmas from the dropdown menu to designate your gift.

Happy Holidays!

Decisions The Bottom Line

by elizabeth F. Miller, CP, FrP, paralegal for thomas G. Van Matre, Jr., esquire northwest Florida Paralegal Association, inc.

Decisions, decisions, decisions!!! Every day we are confronted with decisions to make in our lives. Some decisions are relatively easy, and some decisions are difficult to make. The normal tendency is to procrastinate from making life’s important decisions. However, before we know it, time, sometimes inordinate amounts of time, passes us by and life’s important decisions are never made.

Why is this discussion on decisions? The reason is because decisions are very important when it comes to estate planning matters. We may think that we have time, and we will get to it. However, in an instance, our lives can change. We know because we have seen it all around us or we have, sad to say, experienced it in our own lives. Car accidents that may cause a life-threatening injury or even death, or a diagnosis of cancer or some life altering disease can affect ourselves and those whom we love. No matter what age you may be, estate planning requires decisions to be made. These types of decisions affect us and our loved ones whether we want to think about it or not. So, the question we really need to ponder and consider is: Are all my estate planning decisions made before it is too late to make them?

Sometimes seeing the importance of the decisions we must make may prompt us to make them and not procrastinate. Therefore, let us consider the importance of the following estate planning documents:

1. Durable Power of Attorney.

Florida Statute Chapter 709 outlines the law on this document. However, to greatly simplify matters, when you [the “Principal” as defined in Florida Statute 709.2102(11)] appoint someone [“Agent” as defined in Florida Statute 709.2012(1)] in a Durable Power of Attorney, then you are granting that person (Agent) the ability to act as you could normally act. The Agent is sometimes referred to as “Attorney In Fact.” This means the person (Agent) you have appointed can open accounts, close accounts, buy, sell, withdraw funds, etc., all in your name. Indeed, this document is very important. Some of us may even be hesitant to have such a document. However, when we meditate on the implications of not having this document, it becomes clear that a decision to have this document can outweigh our fears. This document becomes especially important if we are out of town and need our Agent to take care of some business we may have, or maybe we are temporarily or even permanently incapacitated, whether physically or mentally, our Agent can step in and take care of business matters with this document. If a person does not have a valid Durable Power of Attorney and becomes incapacitated, then there is a strong possibility that the loved ones of the incapacitated person might have to petition the Court for the appointment of a legal guardian. This is an expensive and involved legal proceeding.

2. Living Will. Florida Statute Chapter 765.202 outlines the law on this document. However, to greatly simplify matters, this document establishes a rebuttable presumption of clear and convincing evidence of the principal’s wishes of withholding or the withdrawal of life-prolonging procedures in the event that such person has a terminal condition, has an end-stage condition or is in a persistent vegetative state. This determination is done by the attending physician or treating physician and another consulting physician. In other words, two physicians must make this determination.

Also, when this determination is made by two physicians, a statement in the document can reflect the principal’s wishes of whether he or she desires that nutrition and hydration (food and water) be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying.

When we contemplate the consequences of not having this document, we can easily see what kind of pressure our family members would be under if, in fact, we did not have this document and we were unable to provide express and informed consent regarding the withholding, withdrawal, or continuation of life-prolonging procedures and providing one’s wishes with regards to continuing to receive nutrition (food) and hydration (water) once life support is terminated.

3. Designation

of Health Care

Surrogate. Florida Statute Chapter 765.2038 outlines the law on this document. However, to greatly simplify matters, this document is where you can appoint a health care surrogate to make all health care decisions on your behalf if you are not willing, able, or reasonably available to do so. The health care surrogate appointed will be able to provide informed consent, refusal of consent, or withdrawal of consent to any and all of your health care, including life-prolonging procedures. The health care surrogate appointed can even apply on your behalf for private, public, government, or veterans’ benefits to defray the cost of health care. The health care surrogate can even to decide to make an anatomical gift pursuant to Part V of Chapter 765, Florida Statutes.

4. Last Will and Testament. Simply put, the most important reason for having a Last Will and Testament is to give the maker of the Last Will and Testament (Testator [male] or Testatrix [female]) the legal right to make certain discretionary choices and to express certain wishes of the Testator or Testatrix. Accordingly, having a Last Will and Testament, at a minimum, gives the Testator or Testatrix the following choices and rights:

A. With the exception of a surviving spouse, Florida law allows a person in his or her sole discretion to leave his or her assets that do not pass by operation of law (beneficiary clause, paid on death clause, transfer on death

clause, or survivorship language, etc.) to any person or entity he or she desires. A surviving spouse has certain constitutional and statutory rights regarding a deceased spouse’s assets.

B. To leave assets by a specific devise (a specific asset devised to a specific person or entity), by a residuary clause (usually a division by percentage of all assets owned by the decedent that do not pass by operation of law without devising specific assets to a specific person or entity).

Additionally, pursuant to Florida Statute 732.515, the Testator or Testatrix can make a devise of certain items of tangible personal property (not real property or intangible personal property) to a person or entity in a separate writing if the Last Will and Testament provides such right. If a Testator or Testatrix uses such a separate writing to devise tangible personal property, the writing can be changed as often as the Testator or Testatrix desires without changing the body of the Last Will and Testament.

C. To establish a testamentary trust for the purpose of naming a Trustee to manage the assets of a named beneficiary. This is especially beneficial if there are minor children that might inherit assets from a decedent.

D. To name a preference you might have for a legal guardian for minor children if both natural parents die.

E. To make written instructions relating to the disposition of your body upon your death, including cremation, as well as specific funeral and burial arrangements pursuant to Florida Statute 732.804.

What happens if you do not have a Last Will and Testament in place? If you die without a Last Will and Testament, this means you die intestate, and the disposition of your assets would be strictly controlled by Florida Statute Chapter 732 (the Florida Intestate Statute). This is a very rigid statute and the Court, nor a Personal Representative, can deviate from what the statute says. Additionally, if you die intestate, Florida law will mandate who should be appointed as a Personal Representative and you will have no discretion or choice regarding the rights and benefits as outlined above.

Estate planning may require that you meditate on what your wishes are and how you want your assets to be devised and distributed. Yes, it may require that you think about who you want to be over your minor children and provide for them if you and your spouse were to unfortunately pass away by some accident. You never know what the future will hold for you and your family as we have all seen over the past two and a half years.

With all this being said, decisions need to be made when it comes to estate planning needs. When these decisions are made and the proper legal documents are in place, it creates a smooth transition during some of the most challenging times our families will have to go through. On the other hand, when decisions are not made, it creates much havoc for our family members and loved ones during the most difficult periods of time in their lives. Which option would you prefer? It may require that you make some decisions, and that’s the bottom line!

Need a Lawyer?

It is always a good idea to check with a lawyer before you make an important decision—whether you are buying a house, making a business deal, or settling a dispute. A short talk with a lawyer often tells you all you need to know—how serious a problem is, how to handle it swiftly and how to make sure it is settled for good.

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Argo Corner Florida Supreme Court Justice visits UWF

Florida Supreme Court

Justice John D. Couriel addressed students in the University of West Florida’s legal studies program on October 11 in the University Commons Conference Center.

Couriel addressed UWF leadership, regional legal community partners and legal studies students about the legitimacy of court systems and the public’s perception of their fairness.

Couriel pointed to America’s shift to seeking community through social media rather than face-toface interactions as being a key factor in the questioning of the wisdom of what the courts decide and their very legitimacy.

“We are lacking a sense of rootedness that used to be almost nameless,” Couriel said. “It was a sense that a place had your back; that you were proud of it; and willing to live in a way that took care of that place. Politics has swollen to fill that space vacated by community. It has replaced the old ways we used to find out where our neighbors were, physically and metaphorically. Instead, we rely on politics to tell us who we are, and critically, who we aren’t.”

Couriel said a misunderstanding of the purpose of the court leads to public mistrust.

“The legitimacy of a court depends not even a little bit on our

agreement with its decisions,” Couriel said. “The legitimacy of a court depends upon our assent to the role it plays, and the roles it cannot play, in our government. As judges, our job is to settle disputes between people. We say what the law is, and in that task, we resist the urge to say what the law ought to be. The Constitution gives that role to citizens, acting through their elected representatives.”

Following his speech, Couriel welcomed questions from UWF’s legal studies students. He encouraged students to read constantly and to pursue mentors who can foster their progression in the legal field.

“The legal profession is a noble and legitimate calling,” Couriel said. “No one has ever had a better idea than the U.S. Constitution. It is an honor to defend it.”

Junior legal studies major Brayden Tompkins said Couriel’s path to becoming a Florida Supreme Court Justice and his views on the role of the courts in our society made a big impact on him.

“I feel our courts are really partisan right now, but after hearing Justice Couriel, it renews my faith in the nonpartisan court system,” Thompkins said.

Charlie Penrod, associate professor of legal studies, said the opportunity to listen to a sitting Florida Supreme Court Justice is

something most undergraduates do not get the chance to experience.

“Having someone of his stature visit UWF and speak with our students is something our legal studies and other pre-law students will never forget,” Penrod said. “I have no doubt that Justice Couriel’s wisdom and insight into the practice of law will serve as a springboard for many students’ journey towards law school.”

Couriel received his bachelor’s degree from Harvard College in 2000 and his juris doctorate from Harvard Law School in 2003. Throughout his career, he has served in private practice litigating issues of securities, mergers and acquisitions, bankruptcy matters, international law and cross-border disputes. In 2009, he became an Assistant United States Attorney for the Southern District of Florida and prosecuted hundreds of federal offenses. Justice Couriel is a native speaker of Spanish. His parents emigrated from Cuba in the 1960s, his father as one of approximately 14,000 unaccompanied minors welcomed

to the United States as part of Operation Pedro Pan. Couriel was appointed to the Florida Supreme Court by Gov. Ron DeSantis in June 2020.

Couriel’s visit to UWF was the first by a Florida Supreme Court Justice and is a reflection of UWF’s emergence as a hub for the regional legal community as well as a force in law-related education.

UWF’s Bachelor of Arts in Legal Studies program, housed in the College of Education and Professional Studies, prepares students for law-related careers and provides a foundation for law school and other graduate education. It was ranked number one by Best Value Schools for Best 11 Bachelor’s in Legal Studies 2021.

For more information about UWF’s legal studies program, visit uwf.edu/legalstudies.

University of West Florida newsroom

Athird generation Pensacolian, Bruce Childers graduated from Florida State University with a Bachelor of Arts degree in History and Political Science. In 1983, he received his law degree from the Florida State University College of Law. Upon graduation from law school, he worked for the elected State Attorney, Curtis Golden, as an assistant state attorney and also played short-stop for the State Attorney’s softball team. In 1989, Bruce worked as an adjunct professor at thenPensacola Junior College, and after 6 years as an assistant state attorney, with the last 4 of those years as a felony prosecutor, Bruce decided to go out on his own.

In 1990, Bruce had the good fortune of meeting Ken Ridlehoover, who offered a space in his office building and was willing to share his legal knowledge and a few paying clients. Bruce sincerely appreciated Ken’s generosity and enjoyed getting to know him and his witty sense of humor during the time they shared office space. Bruce later established his space on the 5th floor of the Blount Building, where he practiced for almost 30 years.

Over the course of his career, Bruce has practiced in the areas of criminal defense, family law, business law, probate, and guardianship. In 2002, he became a Florida Bar Board Certified Family Law attorney and has achieved distinction as a CV Peer Review Rated attorney, indicating high legal ability and ethical standards. Bruce has been a member of the Florida Bar, Florida Bar Board Certified Family Law Attorneys, the Federal Bar for the U.S. District Court for the Northern District of Florida, a former member of the American Academy of Trial Lawyers, and served on the Escambia/Santa Rosa Bar Ethics Committee and as a traffic court hearing officer for both Escambia and Santa Rosa counties.

Bruce was also an athlete, and part of his weekday routine was playing basketball on the lunch hour with the group at the Downtown Athletic Club and then First

Baptist Church. It was on the court he earned the name “Bull” to which he still responds when an old friend with as many knee and ankle injuries as he does hollers out.

In the Pensacola community, Bruce promoted and was a major contributor to the rejuvenation of Northeast Pensacola Football Park, served as past president and vice president of Washington High School Booster Clubs for football, baseball, softball, lacrosse and basketball. He has served on the board of Pensacola Sports, in addition to being co-chairman of the UWF Kick-Off Squad fund-raising committee, which helped bring football to the University of West Florida.

During his career, Bruce raised four children with his wife, Pam Childers, where his love for sports spilled over into his family life. He spent his evenings teaching each of his four children how to run, catch, throw, swing a bat, hit a golf ball or shoot hoops, which always ended with a late dinner and little time to relax during the week. Bruce is also an avid reader and grammatician, which he passed on to each of his four children. While Bruce’s children did not become college athletes or professional writers, Bruce is immensely proud of each of them. Christa Davis, his oldest daughter, is a local attorney and CPA with Hightower Law Firm, Bruce Childers, III is a software engineer and

developer in Austin, Texas, Lauren Childers is a CPA in Tampa, Florida and Brian Childers is currently attending Loyola University New Orleans College of Law. It is with continued family tradition that all of his children attended Florida State University and share the passion for the Seminoles (and the frustration of a bad football season).

Bruce retires in good health and humor as he leaves behind the stress of practicing as a sole practitioner in an ever-changing and demanding profession. He will miss his tenured legal assistant, Karen Baxter, and is grateful for her dedication, support and cheerful attitude she brought to the office each day. In retirement, his hobbies will include retooling his golf game after a recent shoulder replacement, mentoring and spending time with his children, and taking care of his wife, Pam, the love of his life for over 32 years.

Congratulations, Bruce!! PLEASE JOIN US Friday December 9, 2022, starting at 5pm at Intermissions on South Palafox to celebrate Bruce’s retirement after nearly 40 years of practicing law in Pensacola, Florida.