SUMMATION
THE
December 2012
Escambia/Santa Rosa Bar Association
Volume 1 / Issue 4
Celebrating 100 Years of Combined Service Mary M. Johnson Retiring Santa Rosa County Clerk of Court
Ernie Lee Magaha Retiring Escambia County Clerk of Court
Inside T SUMMATION HE
Escambia-Santa Rosa Bar Association 216 South Tarragona Street, Suite B Pensacola, FL 32501 Phone: 850.434.8135 Fax: 850.436.8822 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009 Executive Director Michael Doubek mike@esrba.com Editor Patricia Buchanan Wright patriciabwright@aol.com Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Any article herein may be reproduced provided credit is given both to The Summation and the author of the article. 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 1st of the month for the issue you wish to advertise in. Address all editorial correspondence to the EscambiaSanta 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 If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135. Judge Terry Terrell Judge Charles Kahn Brooke Jones Gerald McGill Caroline Peterson Lisa York
Matthew Villmer Jeremy Branning Clara Smith Illauna Brazwell Tami Stokes Debra Bass
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8. Ask a Lawyer Durable Powers of Attorney 10. Profiles Ernie Lee Magaha - Mary M. Johnson 12. Judge Preferences Judge W. Joel Boles 14. Did You Know 16. Bench/Bar Conference Do You Want To Know A Secret 18. Remembrance Joe J. Harrell 20. Pictures 22. News from the Court Homeless Veterans Stand Down 2012
In every issue 3. From the President 4. Chief’s Corner 5. New Members / Announcements 6. Board of Governors 7. Bottom Line 23. Classifieds / Calendar
PUBLISHER • MALCOLM BALLINGER E X E C U T I V E E D I T O R • K E L LY O D E N A RT D I R E C T O R • R I TA L AY M O N G R A P H I C D E S I G N & A D C O O R D I N AT I O N • K A S S I E M C L E A N E DITOR • E M I LY L U L L O E D I T O R I A L A S S I S TA N T • J O S H N E W B Y E D T O R I A L I N T E R N - C H R I S T I E N N E C L O U T I E R , G R A P H I C I N T E R N - K AT H RY N E YA N Z E SALES & MARKETING S HARYON M ILLER , A CCOUNT E XECUTIVE EXT. 28 CAROLINE MARTIN, ACCOUNT EXECUTIVE EXT. 31 V I S I T O U R W E B S I T E AT W W W. B A L L I N G E R P U B L I S H I N G . C O M E D I T O R I A L O F F I C E S : 41 NORTH JEFFERSON STREET, SUITE 402, PENSACOLA, FLORIDA 32502 850/433-1166 • FAX 850/435-9174 Member of ®
Reproduction or use of the contents herein is prohibited without written permission from the publisher. Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2012 Ballinger Publishing. All Rights Reserved.
From the President By Jeremy C. Branning
The President's message in the last publication of The Summation addressed the Escambia Santa Rosa Bar Association's new venture in producing The Summation with Ballinger Publishing and the improved presentation and format of the content that was made available through Ballinger's expertise. Our partnership with Ballinger also significantly increased the distribution of The Summation to the public, and we hope the public and our membership enjoyed the new format. The feedback from the ESRBA membership was extremely positive. My last article in The Summation addressed the function and services of the ESRBA. I am now going to take this opportunity to explain how the ESRBA functions and identify who helps the organization accomplish its mission, goals and objectives. The leadership of the ESRBA is comprised of the Executive Council that consists of officers, council members and an executive director. The officers are the President, Vice President, Secretary, Treasurer, and Immediate Past President. The current Council consists of ten attorneys whose practices cover the spectrum of legal services offered in our community – from pro bono legal services to private practice. The Executive Director handles the daily operation of the ESRBA and manages the office located at 216 South Tarragona Street, Suite B. The Executive Council meets on the second Wednesday of each month to address the business of the ESRBA. The Executive Director works with the President to establish an agenda for each meeting. At each meeting the Executive Council receives a thorough financial report from the Treasurer. The ESRBA is a non-profit organization. For years Jim Weber of Beggs & Lane has served as Treasurer. Many in our community know Jim. He is highly respected in the legal profession. Jim has provided
unmatched commitment and good stewardship to the ESRBA and his excellent service is appreciated. In addition to the financial report, the Executive Council addresses a host of various matters, including the ESRBA's monthly luncheon topics and speakers, sponsoring and promoting community service programs, publishing updates to the legal community, and matters of service to the membership and the community. In addition to the Executive Council, the ESRBA maintains committees that oversee the work of the local bar and outreach programs for service to the public and the ESRBA membership. The types of committees include Community Service, Continuing Legal Education, Family Law, Lawyer Referral Service, and Pro Bono service. The ESRBA also promotes the Escambia-Santa Rosa Bar Foundation, which is a charitable 501(c)(3) organization dedicated to fostering greater accessibility to the judicial system, improving the overall quality of the administration of justice, increasing public awareness of the judicial system, and improving the management and operation of the court system. The ESRBA has been incredibly fortunate to operate with the leadership of Mike Doubek as its Executive Director since 2003. Mike has brought a level of professionalism and effectiveness to the ESRBA that has served to promote community causes and improve the quality of the ESRBA's ability to service the public and its membership. I can confidently say that the ESRBA's leadership and membership has benefited tremendously from Mike's hard work and we are grateful for his commitment to this organization and this community. The ESRBA is here to serve the public and legal professionals in Escambia and Santa Rosa counties. We invite you to contact us with your thoughts and ideas.
December 2012 www.esrba.com ✧ The Summation 3
Chief’s Corner By Terry D. Terrell Chief Judge First Judicial Circuit
If you have attended one of the many investitures for new judges over the past three years, you may recall the event as being one which embraces the reality of change. Over the next several months, we continue down that path in the First Judicial Circuit. January 2013 will bring a time of major institutional change for the courts in this circuit. On January 8, 2013, five of the longest serving and most distinguished members of the courts and clerks’ offices will leave office. First Circuit Judge Jack R. Heflin was appointed to the circuit court in 1988. He served for several years in Escambia County until a vacancy enabled him to
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transfer to his home county of Okaloosa. First Circuit Judge Thomas Remington was appointed to the circuit court in 1993. He served in Walton County for several years until another vacancy enabled him to transfer to Okaloosa County, his home county, as well. Both of these jurists have served the citizens of the First Circuit with honor and distinction. Their retirement from active judicial service is well earned, and we will greatly miss their presence in the courthouses of Okaloosa County and across the circuit. Walton County Clerk of Courts Martha Ingle, Santa Rosa County Clerk of Courts Mary Johnson, and Escambia County Clerk of Courts Ernie Lee Magaha (the Dean of Florida Clerks of Court) have each been stalwart servants to the citizens of their county. Each have served in times of dynamic change in the funding of their offices, increasing work with fewer resources, and in the preparation for the brave new world of electronic filing which is presently being implemented. Together, these five remarkable souls have provided nearly 200 years of public service to the First Circuit. I want to take a moment to say publicly to Jack, Tom, Martha, Mary, and Ernie—THANK YOU! It has been my privilege to work with and come to know each of you, some of you for 40 years. Each of you have been instrumental in your own unique way in helping me and so many others who are drawn to work in the justice system. As January 8 approaches, I encourage Bar members and citizens alike to take the opportunity to place a call or send a note to these remarkable individuals with your expressions of thanks for their service and well wishes for their retirement.
New Members
Announcements
Melanie A. Essary Leberis Law Firm 212 W. Intendencia Street Pensacola, FL 32502 (850) 438-9647 messary@liberislaw.com
Bret C. Jessee Hall Prangle & Schoonreld, LLC 200 S. Wacker Drive, Suite 3300 Chicago, IL 60606 (312) 267-6231 bjessee@hpslaw.com
Sean J. Fisher Phelan Hallinan, PLC 2727 West Cypress Creek Road Ft. Lauderdale, FL 33309 (954) 462-7000 ext. 51933 Sean.fisher@phelanhallinan.com
Michael Kip Krieger Galloway, Johnson, Tompkins, Burr & Smith, PLC 118 E. Garden Street Pensacola, FL 32502 (850) 436-7000 kipkrieger@gmail.com
Karl W. Labertew Kubicki Draper, PA 125 W. Romana Street, Suite 550 Pensacola, FL 32502 (850) 434-0003 kwl@kubickidraper.com Melissa B. Walker Office of Criminal Conflict and Civil Regional Counsel, 1st DCA Region 6491 Caroline Street, Suite 1 Milton, FL 32570 (850) 983-0302 Melissa.Walker@rc1.myflorida.com
Amy C. Shea Kubicki Draper, PA 125 W. Romana Street, Suite 550 Pensacola, FL 32502 (850) 434-0003 acs@kubickidraper.com
Former Judge and ESRBA member William J. Green passed away at the Georgetown University Hospital on November 27, 2012. William “Bill” Green was an of counsel partner in the firm of McDonald Fleming Moorhead. After practicing in Pensacola for ten years, he served as an Escambia County Judge and was the administrative judge for ten years. During his tenure on the bench, Bill served on numerous committees for the Conference of County Judges, as well as the Florida Supreme Court’s Technology Committee and its standing Committee on Alternative Dispute Resolution. He also served as a member of Florida’s Mediator Qualification Board. Bill taught law related classes as an adjunct instructor at Pensacola Junior College and the University of West Florida and has lectured as a faculty member of the National Center for State Courts and the State Court’s College of Advanced Judicial Studies. After leaving the bench in 1999, Bill resumed the practice of law, primarily in the field of commercial law, including commercial litigation and appeals.
Cecily M. Welsh Emmanuel Shepard & Condon 30 S. Spring Street Pensacola, FL 32502 (850) 433-6581 cmw@esclaw.com Douglas Grayson Miller Kubicki Draper, PA 125 W. Romana Street, Suite 550 Pensacola, FL 32502 (850) 434-0003 dgm@kubickidraper.com Burton M. Campbell-Work Clark, Partington, Hart, Larry, Bond & Stackhouse 125 W. Romana Street, Suite 800 Pensacola, FL 32502 (850) 434-9200 bcampbell@cphlaw.com Preston J. Forshee McDonald Fleming Moorhead 25 W. Government Street Pensacola, FL 32502 (850) 477-0660 pjforshee@pensacolalaw.com
December 2012 www.esrba.com ✧ The Summation 5
Board of Governors
Stephen Echsner
Report from
The Florida Bar Board of Governors The Florida Bar Board of Governors met on October 5, 2012. Major actions of the board and reports received include: Based on the recommendation of the Legislation Committee, the board approved that The Florida Bar oppose Constitutional Amendment 5 on the November 6, 2012, general election ballot. Amendment 5 would increase the legislature’s authority regarding court rules, increase the access by the legislature to records of the Judicial Qualifications Commission, and require confirmation by the Senate of Supreme Court justices.
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The Florida Bar will oppose any proposals considered by the American Bar Association House of Delegates to allow lawyers from other countries to practice in Florida without passing the bar exam. This position was recommended by the Standing Committee on the Unlicensed Practice of Law. Two new member benefits were approved: RPost Registered E-Mail Services verifies the content and delivery of emails for users; and Corporate Creations provides free incorporation services for lawyers setting up firms and discounted services for lawyers setting up businesses for clients. They will be posted on the Member Benefits webpage when available. On the recommendation of the Communications Committee, a legal technology expert will be retained to advise the Bar on ways to help members handle emerging technology issues. The Young Lawyers Division has received positive feedback to its proposed legal residency program. The ABA also has inquired about how the program works. YLD President Paige Greenlee said the division is continuing to promote the idea including developing a webinar for those interested in offering residencies. The Bar's SCOPE (Seek Counsel of Professional Experience) program will be expanded as Bar service advisory program and the name changed to Lawyers Helping Lawyers. The Vote’s In Your Court merit retention education campaign activities have included distributing more than 360,000 voter guides in English and Spanish, making more than 100 presentations to community and legal groups, providing information and resources on its webpage www.floridabar.org/thevotesinyourcourt, and using Facebook and Twitter for social media contacts. In addition, the Bar's merit retention educational information is in The League of Women Voters election guide with a distribution of more than one million copies. For more details on board actions and discussion from the October 5 meeting, please read the November 1 edition of The Florida Bar News -- now also available as a free mobile app.
The Bottom Line
By Rebecca Hardy Florida Registered Paralegal Emmanuel Sheppard & Condon Northwest Florida Paralegal Association
Unmined Gold Most law firms are sitting on a source of unmined gold – their paralegals. Sadly, a majority of attorneys underutilize their paralegals. Minute by minute, day by day, week by week, this ‘gold’ remains unmined and both the law firm and its clients suffer. “One of the most important skills in practicing law is building an effective work team to serve clients in the best possible manner and generate profits. Paralegals can be a key element in that team, especially in fostering cost efficiency. A paralegal’s time can be billed out separately to clients and at lower rates. Paralegals can be paid less than attorneys yet handle many tasks that would otherwise be performed by an attorney. The paralegal staff can be a profit center for any practice.” (Information for Lawyers: How Paralegals Can Improve Your Practice, http://www.americanbar.org, updated 6/4/12.) So, how does one go about mining this gold? Altman Weil, Inc., Report to Legal Management newsletter, January 2006, Volume 33, Number 4, and Joanne Wolforth, in her article published in the Virtual Paralegal Newsletter titled “Fundamental Do’s and Don’ts of Paralegal Utilization,” March 2007, succinctly set out some guidelines. Those articles state, in part1, • Any firm with more than a handful of paralegals needs to have someone in charge of the paralegal program, to oversee the paralegals and their development, and to serve as a mentor to them and as their “champion” to the rest of the firm. • A career path for paralegals needs to be defined and communicated. Firms with a significant number of paralegals should consider “tiering” their programs, i.e., establishing different levels of paralegals for career path and compensation purposes.
• Firms that are serious about the utilization of paralegals take pains to ensure paralegals are full-fledged members of the team. Including paralegals in meetings with lawyers to discuss cases, matters or clients is important. Introducing paralegals into client relationships at the outset of matters also helps establish the importance of the paralegal as a member of the team. • Effective utilization of paralegals requires a firm to be cognizant of the ramifications of the “legal food chain.” Without question, a primary reason for the underutilization of paralegals is there are too many lawyers competing for paralegal level work. One lawyer aptly expressed it this way: “there are too many lawyers, leading to not enough good work, leading to paralegals not getting good assignments, leading to paralegals not being well trained, leading to ineffective utilization of paralegals.” The food chain does not stop there. In those offices where this problem arises, some lawyers handle work better left to paralegals and in turn some paralegals do work more appropriately assigned to secretaries. This results in boredom for the paralegals and a lack of professional challenge, not to mention a decline in profitability and cost-effectiveness for a law firm. The issue of the legal food chain requires conscious management to overcome its negative effects. • A practical way to ensure delegation of legal work to the right level (i.e., lawyer, paralegal or support staff) is to flow chart major, recurring projects to determine where each step in the process is presently being handled and where each step should be handled to ensure getting work into the proper hands. Although this exercise can be done as a flow-charting process, something less formal can also be effective.
All that is required is a three column sheet of paper listing each step in the first column, the level of person handling it in the second and who should be handling it in the third. This method is the most effective at getting work into the right hands. • Know that all paralegals are not equal. A true paralegal has education, training and work experience that is designed to be interchangeable with a second or third year lawyer. It is important not to shackle mid and upper-level paralegals with clerical work or duties. Clerical assignments should be kept to a minimum. Those paralegals expected to work at higher levels, and bill accordingly, should have administrative support just as lawyers do and should not be expected and/or required to spend time in unbillable tasks such as copying and filing. As with any profitable, efficient business, law firms need to assign tasks to the personnel most suitable to complete them in an efficient, lowest cost manner while also keeping all staff engaged and productive. “The effective use of paralegals can significantly boost a firm's profitability. Proper utilization of paralegals leads to greater efficiency, larger profits and higher billable hours, less turnover and a much more focused staff.” Paralegals enable the attorneys within a firm to focus on substantive legal work and client development. Dorothe J. Howell, Paralegal Utilization: Improving Efficiency and Profitability, The Maryland Bar Bulletin, January 2007. So, join the gold rush and begin prospecting all those nuggets that have been right under your nose all this time; and that’s the bottom line.
1
The bulletpoints contain an intermingling of direct quotes from both articles and paraphrasing.
December 2012 www.esrba.com ✧ The Summation 7
Ask a Lawyer
By Lois B. Lepp, PA
Durable Powers of Attorney The law regarding durable powers of attorney (DPOAs) substantially changed in October 2011. Some common questions asked regarding DPOAs: What makes a power of attorney durable? Specific language must be included that the power of attorney survives the subsequent incapacity of the principal (person who is giving the DPOA). (A traditional POA terminates at the incapacity of the principal). What can my agent do with the DPOA? The specific terms of the DPOA give the agent his/her authority to act with regard to personal or real property. Under the new law, certain financial transactions require very precise authority. Generally, a DPOA can be used by the agent to carry out most transactions that the principal could do him/herself. Can my agent use the DPOA to make transactions that favor my agent, such as transferring money or property to my agent? The DPOA cannot be used to make gifts or transfers to the agent’s name, unless the document specifically allows that. Usually, a DPOA would specifically allow a gift only for tax planning purposes and only up to the annual tax exclusion allowed per year (currently $13,000). But the DPOA cannot be used to loot the principal’s bank account for the agent’s private use. An agent should never put the
principal’s money or property in the agent’s own name. An agent can be sued for misuse of the DPOA. Can my agent change my beneficiary designations on life insurance or investment accounts I set up? Only if the DPOA specifically allows such changes to be made by the agent. When does a DPOA terminate? At the moment of death of the principal. Can the DPOA be used to make funeral arrangements or access bank accounts to pay for funeral arrangements? No. Can my agent assign or transfer his/her duties to another person? No. Only the principal can designate who is authorized to act pursuant to a DPOA. What happens to the DPOA if a guardianship is filed? The DPOA is suspended, by operation of law, immediately upon the filing of a petition for incapacity. Section 709.2109, Fla. Stat. There are certain circumstances when the court can reinstate part or whole of the DPOA. Can a person with dementia still sign a DPOA? Possibly. The principal should check with his/her doctor prior to signing a DPOA if he/she has any memory or reasoning deficits. A DPOA that is
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signed while a person is not competent can be set aside. Is my DPOA signed prior to October 1, 2011 still valid? Yes, if the DPOA was valid under the prior law, it remains valid. However, if it was not valid (such as, it was not executed properly or does not contain the proper language), then it cannot be used now. The bank wants me to use their form for DPOA. Can they do that? No, financial institutions can no longer require a new DPOA be signed in their preferred format. However, the financial institutions can require that the agent, at the expense of the principal or agent, get an attorney’s written opinion as to the validity of the DPOA. See Section 709.2119, Fla. Stat. Can I elect to make my DPOA effective only when I need it? No, under the new law, all DPOAs are effective upon signing. Pre-October 2011, a DPOA could have been written as a “springing” DPOA, meaning that it became effective only upon the incapacity of the principal. For more information, Lois B. Lepp can be contacted at 850-435-1090. This information is not intended to be a substitute for obtaining legal advice from an attorney. No person should act or rely upon any information in this article without seeking the advice of an attorney.
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Profiles
By Patricia Buchanan Wright
Saying Farewell Ernie Lee Magaha was born in Jay, Florida, to James Magaha and Stella Campbell Magaha. At six months of age, his family moved to Escambia County. After graduating from Century High School in 1945, Magaha served in the Merchant Marine and then enlisted in the Army and served in the South Pacific during WWII. Upon being honorably discharged, Mr. Magaha enrolled in Alabama Polytechnic (now Auburn University), and graduated in 1950 with a degree in Economics. From 1951 to 1956, Mr. Magaha served as an Auditor with the Office of the State Comptroller of Florida. In 1956, he resigned his position to run for Clerk of the Court of Record (Civil, Criminal, and Juvenile Departments). The ballot consisted of two others: Lucious Stern, who was a court reporter, and Fud Thornton, who was a florist. Magaha remembers this election well; his wife, Lucile Taylor Magaha and he literally walked Pensacola, going door to door campaigning while Lucile was pregnant with Ernie Lee Magaha, Jr. Magaha handily won. An amusing incident occurred during the early days of Magaha's tenure. The Court of Record was located where the Pensacola Cultural Center is today. At that time, the county used prisoners called “trustees” to clean county buildings. Housed in the Court of Record was a supposed “burglar-proof” vault. Judge Logergren had taken possession of cash from a case and wanted to make sure that the assets would be safe during the weekend so he asked Magaha to lock the proceeds in the vault. One “trustee” who had finished his sentence returned that very weekend to burglarize the safe and made off with the monies. Of course, the thief was tracked down, and the monies were recovered. In 1972, Florida ceased to be a common law state and the various courts were merged into our current two-tier system of county and circuit courts. Magaha was at the forefront of this transition. Magaha takes pride in the close relationship that the Office of the Clerk of Court has with the legal community. His philosophy is that the Clerk’s Office is a workshop for the attorneys. The Judiciary, legal community, and Clerk’s Office work closely on important matters, and he has always emphasized to his staff that maintaining professional working relationships was vital to the success of the Citizens of Escambia County. Magaha has triumphed as Clerk of the Circuit Court for 56 years. He has fiercely maintained his primary responsibility to act in the best interest of the people of Escambia County in every endeavor and task facing his office. Magaha has depended upon the insight of his lead managers, and has maintained an open-door policy to everyone—after all, he is a public servant. Since 1995 when, at the direction of the Governor, Mr. Magaha assumed the responsibilities of Comptroller for
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Escambia County, he has protected the public trust by saving tax dollars, garnering a highly competent work force that is second to none, and valuing all of his employees, past and present, knowing that their worth cannot be substituted or overestimated. All of this has been accomplished with the capable assistance of Lisa Bernau. Accessibility, trustworthiness, efficiency and accountability have been the pillars on which Magaha has built the Clerk's office. The Office of the Clerk of the Circuit Court has weathered many challenges, from Y2K, to budget reductions, cutbacks in valued staff, development of the Courtview system, and most recently, the E-filing and E-portal systems. Courtview has been utilized by attorneys, agencies, and staff for the last 12 years, and the transition to the Benchmark system is currently underway. The E-portal system will be embraced by attorneys across the state of Florida and the Clerk’s Office has held trainings on site and for individual law firms since October of 2011. Are there continuing challenges? Yes. Will these challenges be handled competently and efficiently? Yes. The accolades accompanying Magaha's career continue. He was recently honored by the Board of County Commissioners of Escambia County in that the Board passed a Resolution renaming the Escambia County Governmental Complex, the “Ernie Lee Magaha Government Building.” Magaha will hand over the reins of Clerk of Court for Escambia County to Pam Childers on January 8, 2013, to continue the mission. Not one to rest on his laurels, he has plans which include his two sons, Ernie Lee Magaha, Jr. and James Walter Magaha, who are well-known to all of us; his grandchildren, Trey (Ernie Lee Magaha, III), Zachary, and Walter Magaha—oh, and his two cats, Socks and Boots. Regrettably, his wife of more than 50 years, Lucile Taylor Magaha, passed in 2009. Mr. Magaha, thank you for 56 years of excellence. Thank you for always providing services we could count on. We wish you a happy and fulfilling retirement. Godspeed.
Ernie Lee Magaha
By Josh Newby
Clerk of Courts Mary Johnson Retires
After almost 20 years of faithful and forward-thinking accountability as Santa Rosa County’s Clerk of Court, Mary Johnson is retiring. Her tireless efforts for the county began when she was in the twelfth grade, working for 75 cents an hour in the Clerk’s office for Ray Helms. Johnson was born and raised in Santa Rosa County, attended schools and built a family there. After graduating Milton High School in 1961, she started working full time in the Clerk’s office for $180 a month. She married Thomas Johnson in 1964 and has been married ever since. She served the courts through three clerks before becoming an interim one herself in 1994. She was elected to the office in the same year and again in 1996, 2000, 2004 and 2008. She admits that while she has always loved her hometown and the county she serves, she did not always aspire to serve the public as Clerk of Courts. “Originally, I took the job in 1961 because it seemed interesting,” said Johnson. “After working there and learning to serve the people, I grew to love it. After I was appointed, I knew that being Clerk is what I wanted to do.” Johnson’s tenure as Clerk—and indeed her career in the office—has seen many changes, both governmental and technological. “When I first started, we were still typing minutes and making physical records of them, stowing them away and indexing public records,” said Johnson, who helped pioneer the transition from paper records to digital ones. “Now, an attorney can upload his file electronically, the judge can view it online, and we can docket it electronically. This saves tremendously on administrative and storage costs.” While the process and very landscape of government has changed greatly since Johnson was first hired in 1961, and even
Mary M. Johnson
when she became Clerk in 1994, she said that the passion for serving the people has remained consistent. “These are the best people that you can find anywhere,” said Johnson. “We’re a little bit rural, a little bit industrial and a little bit scenic, but there are wonderful people throughout the whole county. I am proud to serve these people. I went to school with these people and go to church with them. My employees are my friends and I have been close with some of them for decades. I am a blessed individual to serve the county for as long as I have.” Johnson went on to say that the most rewarding aspect of her job has been to see not only the county mature, but also to see her employees grow. “Some of the employees here are young enough to be my children, and it has been a wonderful joy to see them grow,” said Johnson. “I have such high respect for everyone here and have been blessed to work with each and every one of them.” On January 7, 2013, the same day as one of her granddaughters’ birthdays, Johnson’s time as Clerk will come to an end. After more than 50 years in the office, she said that she will remain active in the community, volunteering where she can and helping the newly-elected Clerk however he may need her. “It is the will of the electorate and of God for me to no longer serve as Clerk,” said Johnson. “I wish my successor all the best and have been blessed to serve this county consistently since August 29, 1960.”
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Judge Preferences
Judge W. Joel Boles Each month we will publish detailed information on one of our First Judicial Circuit and County Judges. This edition, we are featuring Judge W. Joel Boles. You can also find this information on the following website: www.firstjudicialcircuit.org. Type: Circuit Judge County: Escambia County Division: "E" and "X" Jurisdiction: General and Drug Court Judicial Assistant: Kimberly Eaton Address: M.C. Blanchard Judicial Building 190 Governmental Center, 6th Floor Pensacola, FL 32502 Phone: 850-595-4448 Division Preferences Division “E” in Escambia County is a general jurisdiction division which consists of felony criminal cases, circuit civil cases and probate and guardianships. Division “X” in Escambia County is the drug court division. The following is a brief overview of preferences related to these divisions: Criminal Cases – Division “E” • Docket Day begins at 8:30 a.m. and criminal jury selection is approximately 1 1/2 weeks from Docket Day. Criminal jury selection begins at 8:00 a.m. Jury trials begin at 8:30 a.m. unless (due to the length of the trial) an earlier or later time has been agreed to by both counsel and the court. • Violation of probation hearings begin at 8:30 a.m. and occur generally on a monthly basis. Contested violation of probation hearings are scheduled at 1:30 p.m. on the day set aside for VOPs. • Should you wish to schedule a criminal motion for hearing, first contact the State Attorney’s secretary and then have her conference in the judicial assistant. All Motions for Continuance should include in the body of the order the date to which the case is being continued. Please do not wait until the day before a scheduled court date to submit a
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Motion/Order for Continuance. Criminal motions are generally set after arraignments on the day which Judge Boles presides over arraignments. If you need a court date sooner than the scheduled criminal motion date every effort will be made to accommodate you. NOTE: PLEASE SCHEDULE ALL MOTIONS PRIOR TO JURY SELECTION. Civil Cases – Division “E” • Notices for Trial (jury and non-jury) are filed with the Clerk’s office. The file is then forwarded to the Judge’s office and held for approximately ten days. If an Objection to Notice for Trial is not filed, an Order for Pretrial Conference and Setting Trial will be sent out scheduling the trial on the next available civil trial docket. • Mediation is mandatory in all cases seeking a trial by jury. The case is not ready for trial for the purposes of setting a trial date until the case has been mediated. Probate and Gurdianship Cases – Division “E” • Please file all probate and guardianship paperwork with the Clerk. The Clerk will then forward all paperwork along with the file to the Judge’s office. Drug Court Cases – Division “X” • Drug Court for Division “X” is held every Thursday at 7 am. General Information • When setting a hearing both parties (attorneys/secretaries) should be on the telephone prior to contacting the judicial assistant. If you do not have conference call capability, please have opposing counsel’s number and the division’s judicial assistant will be happy to assist you. • Motions are to be filed with the Clerk’s office with a copy to the judge’s office. The motion will then be reviewed by the Court to determine if a hearing will be necessary or whether an order granting or denying the motion will be entered.
To place a classified ad please call 433Â1166 ext. 29 or email emily@ballingerpublishing.com
December 2012 www.esrba.com ✧ The Summation 13
By Patricia Buchanan Wright
Did You Know?
Judge Joseph Tarbuck
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...Judge Joseph Tarbuck is one of the unsung heroes of the Korean War, having spent more than three years as a prisoner of war. ...He was stationed in Japan with the Army Occupational Forces in the 63rd Field Artillery Battalion, 24th Infantry Division when the war started in Korea. He entered Korea on July 5, 1950 and was captured on July 14, 1950. He was only 18 years old. His commanding officer, a major, had received word that the enemy was marching forward. The major was ordered to withdraw, but did not. At 1 pm on July 14, 1950, his battery was attacked; by 2 pm, the battery (about 50 soldiers) was surrounded and taken prisoner. ...There were two times when Judge Tarbuck thought his life was over for sure. The first time was on July 14, 1950 when the battery was overrun by North Korean forces. Immediately after the capture, the soldiers’ hands were tied behind their backs with their own communication wire and they were lined up on a road. The front rank was ordered to sit, the second rank knelt and the third rank stood. A North Korean enlisted man rolled an old water cooled machine gun on large iron wheels onto a dam in the rice paddy, aimed it at them and evidently was preparing to kill them when a North Korean army officer appeared on the road near them and began shouting to the machine gunner. A heated exchange took place and when the machine gunner continued to prepare to shoot them, the officer took a longbarreled pistol from his holster and aimed it at the machine gunner,
whereupon the machine gunner lowered the sight on the machine gun and rolled the machine gun back onto the dirt road. He and his fellow prisoners were marched north to a cornfield along the river that divides Korea from Manchuria. The men were forced to take shelter in holes in the ground covered with corn stalks. Eventually, the men were marched to the site of a school where they spent several nights, then back to the cornfield. The men nicknamed the Korean commander “Tiger” after the Japanese officer who had led the Bataan Death March. The second day, the Tiger ordered the group to march north where they were consolidated with other groups, including civilians, nuns, and missionaries. He directed the soldiers to march toward a large mine in a mountainside. As they marched past the civilians and past the nuns, the nuns were crying and blessing them. Tiger’s plan was to put the soldiers to death for fear of allied troops rescuing them. All of a sudden, Tiger changed his mind and again all prisoners proceeded to head farther north into Korean territory. ...As a young man, Judge Tarbuck saw that Tiger’s mental and physical cruelty knew no end. A lieutenant had been placed in charge of Judge Tarbuck’s group. The men were ordered to carry the ill, wounded and dead until Tiger told the soldiers to drop them. The lieutenant ordered a dead companion dropped before the order to drop came from Tiger. When questioned, the lieutenant admitted dropping the dead man, whereupon Tiger marched him to the top of a hill, asked if he wanted to be blindfolded, and promptly shot him in the back of the head in view of the soldiers, the civilians, and the nuns. ...The cold (40-60 degrees below zero), poor clothing and inhumane shelter, exposure and, of course, disease (beriberi) accounted for many deaths. After many days of marching, the prisoners ended up in the extreme northern boundary of North Korea. Judge Tarbuck, along with the other prisoners, was forced to sleep on floors with no bedding. Food was watery soup, two Chinese cabbage leaves and a millet ball—no meat. In October, 1950, the Chinese took charge and the prisoners received better clothing, food and even some medical attention. ...Eventually the prisoners were marched south and moved from camp to camp until finally at Repatriation on August 31, 1953, he and his fellow prisoners were turned over to American forces. He was 21 years old. ...Through this terrible ordeal, he kept his faith; he refused to give in or give up, and incredibly, harbors no hatred for his captors. He received no medals, no tickertape parade, no accolades, this war hero. Judge Tarbuck quietly states that this ordeal gave him the will to want to live a long and productive life. And that he has done. But that is another story.
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Bench/Bar Conference By Judge Ross M. Goodman
Do You Want To Know A Secret? Are you in on the secret? Did you know the First Circuit judges and the First DCA judges held a secret conference in Destin and revealed to those who had been invited the strategies to achieve success? You say you were not invited? Well, that cannot be so, because EVERY lawyer in the First Circuit was invited, by numerous notices, to the Bench/Bar Professionalism Conference at the San Destin Hilton. Here is what you missed: There was a Friday evening cocktail reception hosted by Clark, Partington, Hart, Larry, Bond & Stackhouse where lawyers and judges mingled informally. When the time to close came, no one wanted to leave. Many continued their discussions over dinner at the awardwinning steak house, Seagars. Saturday morning, the spouses and children of the attendees were off to brunch and a day at the beach or a day of shopping. Judge Bergosh presented the law on contempt of Court and Judge Miller presented on successful strategies for persuading judges (and strategies that do not work). Thanks to the Northwest Florida Paralegal Association, the experts at Pensacola Apps taught us the legal applications available for an iPad. Ken Bell then led a lively discussion on the pressures confronting lawyers today, and how we have to be Superman/woman to keep our focus on what we all started out to do in the first place: helping people. After a casual lunch break, Judges Rowe, Ray and Thomas from the First DCA spoke about practicing before the Court, with a Letterman-style top ten list from Judge Thomas on what NOT to do. (And, if you
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were not there and your opponent was…oh, well). The rest of the afternoon was split between watching college football and playing legal jeopardy (where Greg Smith won with a commanding lead). Saturday night, we gathered for another reception and then sat down to a wonderful dinner of filet mignon and shrimp. The Sunday morning session was equally fun and informative with a presentation by Matthew Villmer on the BP Settlement, followed by a panel discussion with Judges Terrell, Bergosh, Miller, Goodman, LaPorte and (judgeelect) Polson. More secrets were revealed and, if you were not there, oh well! As if all of this was not enough, those who participated got eight CLE hours. The Bench/Bar Professionalism Committee covers the entire First Circuit, and endeavors to find multiple ways to enhance the professionalism of our Bar. The idea is that, in alternating years, there will be a professionalism cruise, and then another conference the next year. If you have not been, you are the one missing out. And, there are more events to come: a First Circuit professionalism conference, social gatherings throughout the Circuit, and opportunities for professionalism CLEs. Hon. Patricia Grinsted chairs the committee and the committee is comprised of judges, attorneys and members of the legal community. We would like to thank them for all their efforts to put on this wonderful conference.
The Northwest Florida Paralegal Association is pleased to announce their 2012-2013 Executive Board. President: Caroline Peterson 1st Vice President: Debra Bass 2nd Vice President: Jill Callihan Secretary: Regina Vino
Treasurer: April Murphy Parliamentarian: Bridget Roberts NALA Liaison: Elizabeth Crane Ex-Officio: Dana Martinez-Jones
Pictured from L-R: Dana Martinez-Jones, April Murphy, Regina Vino, Caroline Peterson, Bridget Roberts, Elizabeth Crane, Debra Bass. Not pictured: Jill Callihan.
We would also like to thank our conference sponsors: Clark, Partington, Hart, Larry, Bond & Stackhouse Medical Records Express Matthews, Jones & Hawkins Robert Blanchard (Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor) Emmanuel, Sheppard & Condon Wierzbicki Court Reporting Total Employee Leasing In closing, you need to start thinking about next year’s cruise to some exotic port that will be coupled with awardwinning CLEs. Don’t miss out, again!
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Remembrance
By C. Miner Harrell
WALL OF HONOR
Joe J. Harrell Joe J. Harrell practiced law in Pensacola from 1948 until his death in 1987. He was not only a superb criminal and personal injury trial attorney, but he was also one of the last of the very proficient general practice attorneys. He could advise a bank’s Board of Directors, handle a complex commercial transaction, defend a death penalty case, negotiate a complicated real estate deal, obtain a large verdict for an injured client, and successfully defend injury cases for his many insurance, medical malpractice, and corporate clients. He did all of this with noteworthy professionalism and courtesy to other counsel and to everyone involved in the litigation process. He was in all respects a gentleman. As his nephew and, later, associate and partner, on several occasions an adverse party from one of his past cases would introduce himself and speak in a very complimentary fashion as to how his case had been opposed by “Mr. Harrell.” He was that kind of lawyer. Joe Harrell handled some of the most interesting and notorious cases in Pensacola during his 39 years of law practice. He obtained an acquittal for the daughter of a prominent politician who “accidentally” shot her allegedly abusive husband five or six times with a single shot, bolt action .22 rifle. He successfully represented an Escambia County Sheriff as to a series of gambling and corruption charges. He obtained an acquittal for a prominent psychiatrist on charges of sexual assault of four of his patients. He obtained a manslaughter conviction for a man who shotgunned his wayward wife and her boyfriend caught in the heat of passion when he just happened to have a shotgun with him. He represented former U.S. Attorney General John Mitchell in the Gainesville Eight case. He prevailed in Polar Ice Cream Co. v. Andrews in the United States Supreme Court, which was an interstate commerce clause case in which he represented a local dairy against the Florida Milk Commission. Harrell also was successful in prosecuting and defending many of the “big” personal injury cases which occurred during this period. He was one of the founders of the Florida Chapter of the NACCA (National Association of Claimants’ Compensation Attorneys), the predecessor of today’s American Association for Justice (formerly ATLA). Nevertheless, he eventually represented one of the largest medical clinics in Florida and its physicians, as well as governmental bodies and some of the largest corporations and insurance companies doing
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business in Northwest Florida. All in all, he “won” far, far more cases than he lost, but he was probably more involved with his joy in practicing law than keeping track of results. Mr. Harrell was a renaissance man with intellectual interests which were broad and deep. He was a Bible scholar and teacher, but he also was a gourmet cook, knew a frightening amount about quality men’s clothing and shoes, had at least a working interest and knowledge concerning almost any historical matter, and was a voracious reader. He avoided physical exercise with the enthusiasm which some devote to it. He would never admit that anyone’s feet had ever been as cold as his feet had been during the Battle of the Bulge. He was a kind and generous man in every way with a very good nature and sense of humor. He was, at one time or another, senior partner and mentor to Bill Wiltshire, Frank Bozeman, Bill Clark, Bob Stone, Don Partington, Bob Hart, Jim Wilson, Bob Palmer, and Mike Smith along with many others. He was a loving husband his wife, Dale, and father to his children, Joe, Jr., and Lucy. Portions of a story in the Pensacola News Journal after his death perhaps say it best: People who knew Joe Harrell called his expressions “Harrell Homilies.” “He was known for the way he explained,” said Harrell’s law partner, Bill Wiltshire. “Joe had a way of getting in the jury box without violating ethics,” Wiltshire said. “If someone had an unusual case, Joe would go after it like a dog to a bone. He reveled in it,” Wiltshire said. Mr. Harrell earned the reputation as a lawyer’s lawyer. “That’s one of the biggest compliments we can get,” Wiltshire said. From 1942-45, Harrell served in the U.S. Army,
participating in the D-Day invasion at Omaha Beach and the Battle of the Bulge. His unit was one of the first to cross and defend the Remagen Bridge over the Rhine. “He was a real gentleman; someone you could trust,” said M.C. Blanchard, chief Escambia County Circuit Court judge. Another attorney, Don Partington, considered Mr. Harrell the leading trial advocate in the area. “He had a philosophy that there would always be plenty of work for good lawyers, and that someone who really loved the law would make a good living,” Partington said. Wiltshire said Harrell sometimes accepted indigent cases, knowing he wouldn’t be paid, because he loved to practice law. “People teased him about it all the time, because if there was ever a lawyer who could charge top fees, it was Joe.” “He was an unusual human being because he was so accomplished in what he did. Everybody who came in contact with Joe looked upon him as the consummate trial attorney and wanted to be like him,” said Bob Stone, who practiced law with Harrell for 22 years. Harrell served as president of the local Bar Association; was a two-time member of the Florida Bar Board of Governors; was named a fellow of the American College of Trial Lawyers; was a member and chairman of the Florida Supreme Court Committee on Standard Jury Instructions in civil cases for many years. There is not enough space here to discuss his many other activities and honors. Suffice to say that he excelled at all he did, but that, after his family, the law was his love.
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Say Cheese! LSNF Pro Bono Luncheon 2012, Also Meet & Greet with Florida Supreme Court Justice Peggy Quince
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2012 Naturalization Ceremonies
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News from the Court
By Keri Igney Office of the Chief Judge, First Judicial Circuit
Homeless Veterans Stand Down 2012 The Homeless Veterans Stand Down event is not new to the First Judicial Circuit. Brigadier General (Retired) T. Patterson Maney serves the First Judicial Circuit as a Judge in Okaloosa County. Judge Maney established the community-based Okaloosa Homeless Veterans Stand Down in 2007. He coordinates, participates in and oversees the provision of court services to the Okaloosa event each year. This event is also fully supported by State Attorney Bill Eddins, Public Defender James Owens, the Ft. Walton Beach Police Department, the Okaloosa County Sheriff Larry Ashley, the Okaloosa Clerk of Court Don Howard and many members of the Okaloosa/Walton legal community offering their services pro bono. This year’s event, held October 19, resulted in the final disposition of more than 40 outstanding cases. In 2010 the First Judicial Circuit and the First Circuit’s legal community participated in the inaugural Homeless Veterans Stand Down event in Pensacola. Each year Chief Judge Terry D. Terrell has committed and ensured our help in providing court services to veterans attending the Homeless Veterans Stand Down events in both Escambia and Okaloosa counties. At this year’s Pensacola Stand Down Marine Corps veteran Senior Judge John T. Parnham provided oversight of all court services. Our State Attorney, our Public Defender, Escambia Clerk of Court Ernie Magaha, Escambia County Sheriff David Morgan, and members of the Escambia/Santa Rosa legal community once again provided services to and support of the legal programming at this event held October 26, 2012. The Pensacola Stand Down resulted in the final disposition of 17 cases.
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For Chief Judge Terrell and Judge Maney, the goal for the courts’ involvement is to make justice available to homeless veterans in a way that can meet their obligations to the court while being afforded the utmost in matters of dignity and respect as we acknowledge the service and sacrifices they have made for our country. Some of the issues that can and are addressed for these veterans at both events are: misdemeanor charges that have gone unanswered - largely due to loss of contact with the veteran; outstanding monetary obligations to the court which have resulted in a benefit or service being denied; and development of a payment plan that allows the veteran to meet his/her obligation to the court without sacrificing his/her basic needs for survival. At both events veterans are also provided many additional services - all at no cost to them. The efforts of Santa Claus pale in comparison to the spirit of generosity and service by providers participating in this event. There is a food line - hot meals and packaged on-the-go snacks. There is a line for sleeping bags, a line for blankets, a line for cellular phones, shoes, slacks, shirts, jeans, jackets! There is a manicurist, a pedicurist, hair stylists, medical health screenings, flu shots, internet researchers, and computers available for unlimited use! There are showers, rain gear, cold weather gear, hats, gloves, educational and reading materials! Not even a visit by a jolly man in a red suit could have enhanced the atmosphere and spirit of giving here. These men and women displayed skills of survival.They made real to each of us true loyalty...true servitude....true gratitude...true heroism. I arrived confident in my patriotism. I arrived believing I understand and am grateful for the services of America’s veterans and active military men and women. At the event’s end, I am keenly aware that the service we provide here is not our sacrifice; our service to these veterans is our privilege!
Classifieds For Rent OFFICE FOR RENT with separate secretarial bay available 1/1/2013. Use of fax, scanner, copier, conference room, kitchen, runner, and receptionist. Furnished or unfurnished. Plenty of parking and just 2 blocks from the courthouse. Located on Government Street across the street from Seville Quarter. $500 per month, plus sales tax. 850-434-3601. OFFICE SPACE FOR LEASE: 226 East Government St. Available space consists of 2000 sq. ft. (more or less) located across the street from Seville Square Park, two blocks from courthouse. Rent includes use of conference rooms, receptionist, kitchen, copy/fax machines, utilities, courier service and private parking. Please contact Kramer Litvak with Litvak Beasley & Wilson at 850432-9818 or email kal@lawpensacola.com.
Calendar
For Rent FOR RENT Waterfront office space in Milton, Florida, 5 offices, reception area, kitchenette, bathroom and parking. Approx 1500 sq.ft. Rent is $1,400 per month for all space; may rent all or some of space. Utilities are shared. Call Larry at (850) 529-8277 or Mark at (850) 5298278. Available Immediately.
Mediation MEDIATION SERVICES Tom Condon, Circuit Civil Mediator, is now a full-time mediator handling all types of civil litigation and workers’ compensation. Twenty years of Mediation experience handling civil, family law and workers’ com; three conference rooms; no cancellation or prepayment fees. Calendar – FloridaMediators.org. Phone: 850-4343571 / 850-572-6565 / 800-818-5066.
December 13 Santa Rosa Legal Community Luncheon Noon – Imogene Theatre December 24 & 25 Christmas Holiday Bar Office Closed December 31 & January 1 New Years Holiday Bar Office Closed January 17 Bar Meeting Robert H. Jerry (Dean of the University of Florida Levin College of Law) Noon - Portabello Market
February 1 Honorable Mary Polson Investiture 3 PM – Okaloosa County Courthouse Annex Extension, Ft. Walton Beach March 1 Honorable John Jay Gontarek Investiture 3 PM – Okaloosa County Courthouse Annex Extension, Ft. Walton Beach March 8 EDRM - E-discovery Trends & Standards Seminar. Presenter: Marc Yu, Pensacola Forensics Location: TBA
January 21 Martin Luther King Day Bar Office Closed
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