Summati
The
Escambia/Santa Rosa Bar Association
n
March 2015
Volume 4 / Issue 1
Marriage Equality vs. Divorce Equality page 14
Young Lawyers Division Gives Back David Carroll: Did You Know? • Wall of Honor Board of Governors • Ask A Lawyer
March 2015 www.esrba.com The Summation 1
Inside
The
Summation
11 . Young Lawyers Division Gives Back 14. Marriage Equality vs. Divorce Equality 17. ESRBA’s Website Update 18. Did You Know: David Carroll 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 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 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 Benjamin Stevenson Clara Smith Paula Walker Tami Stokes Debra Bass Carrie Cromey
Jason Boatwright Brooke Jones Gerald McGill Caroline Peterson Lisa York Susan Woolf
Cover Photo by David Goehring
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22. Wall of Honor 28. Photos
In every issue 3. From the President 4. Chief’s Corner 5. New Members / Announcements 6. Board of Governors 8. The Bottom Line 20. Judge’s Preferences 25. News From the Court 30. News From the Clerk 31. Classifieds / Calendar
Publisher • Malcolm Ballinger Executive Editor • Kelly Oden Art Director • Rita Laymon Graphic Design & Ad Coordination • Guy Stevens Editor • Emily Echevarria Business Editor • Josh Newby Editorial Interns • Dawn Gresko Sales & Marketing Amanda Tomlinson, Account Executive ext. 28 Becky Hildebrand, Account Executive ext. 31 Visit our Website at www.ballingerpublishing.com Editorial Offices: 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. © 2013 Ballinger Publishing. All Rights Reserved.
From the President
SUMMATION WEEKLY UPDATE By JAMES WEBER
Dear Members:
Association would not begin publishing legal notices and ads
The Summation Weekly is one of the projects that the
until obtaining permanent approval from the U.S. Post Office
Executive Council of the ESRBA is working on this year that
and until The Summation Weekly had been published for a full
we believe will be of great benefit to the Association and to the
one year cycle. This decision meant that The Summation Weekly
members over the coming years. The Summation Weekly is being
would not generate much income for the first year, and the
developed to be a weekly publication of general circulation that
publication was scaled back from its initial newspaper format
will be of interest or value to the general public, of particular
to its present format which is being printed in house. The cost
interest to the legal community, and which will qualify as a
of the printing is covered by the Association’s 2014 – 2015
periodical for purposes of legal notices and advertisements.
budget.
It will benefit the Association by providing all attorneys with
We have now obtained final approval from the U.S. Post
a publication source for legal notices and ads with a very
Office subject to a minor change on our identification statement
favorable publication rate. It will benefit the Association by
and a standard audit. Neither of these items should cause any
providing a good continuous source of revenue so that the
delay. We anticipate that The Summation Weekly will begin
Association will not have to rely so heavily on dues from its
publishing in newspaper format and will be able to accept legal
members. The Summation Weekly will continue to be owned 100
notices and ads in November, 2015. We hope that all members
percent by the Association.
of the Association will enthusiastically support The Summation
Members of the Executive Committee began meeting with Malcolm Ballinger of Ballinger Publishing in mid 2014 to
Weekly over the coming years. We offer special thanks to Matthew Hoffman, Mike Doubek,
develop a plan of action for this newspaper, and to qualify the
and Malcolm Ballinger for all of the work that they have put
newspaper so that it can be used for legal publications. The
into this publication project. In addition we would like to
Association has been publishing The Summation magazine for
thank Benjamin Stevenson and Jeremy Branning for their wise
years, and that will continue quarterly. The Summation In-Brief
advice and counsel. We all look forward to benefiting from this
flyers are being discontinued.
publication in future years. Thank you for permitting us to be
We obtained a temporary permit from the U.S. Post Office in
of service to you with this project.
November and began publishing the weekly newspaper at that time. In order to satisfy all concerns, it was decided that the
March 2015 www.esrba.com The Summation 3
Chief’s Corner
REPLACEMENTS, ROTATIONS, AND OTHER DEVELOPMENTS By TERRY D. TERRELL
In the span of less than two years, all First Judicial Circuit Clerks of Court have changed. The most recent change was due to the well earned retirement of Don Howard as Clerk of Court in Okaloosa County. Mr. Howard announced his retirement last spring. Mr. J.D. Peacock was elected as his successor during the August 2014 primary election. Mr. Howard retired effective October 31, 2014. In the absence of an interim appointment by the Governor, and exercising statutory authority as chief judge, Mr. Peacock, as clerk-elect, was appointed interim clerk November 1, 2014, until he was officially scheduled to take office on January 6, 2015. Circuit Judge Howard LaPorte retired December 31, 2014, after over nine years on the bench plus several years service as a Magistrate in Walton County. Circuit Judge Thomas Santurri transferred from Escambia County to Walton County by exercising the option to transfer from one county to another when there is a circuit court vacancy. During the holidays, Circuit Judge Ross Bilbrey got a memorable Christmas present. The Governor called to announce his appointment of Judge Bilbrey to the First District Court of Appeal. The judge was appointed to replace a DCA judge who was leaving office at the end of his term on January 5, 2015. Judge Bilbrey had been scheduled to assume new duties in Circuit Court with a long-planned rotation from his former assignment in a juvenile division to a general jurisdiction division. Plans had been made to move his office from the Bruno Center to the M.C. Blanchard Judicial Center over the weekend of January 2 through 5, but instead he
4 The Summation www.esrba.com March 2015
moved his office to Tallahassee in time to take office as a district court judge January 6. He has already participated in some appellate decisions as a deciding judge; so he hit the ground running. Over that same weekend, circuit judge-elect Jennie M. Kinsey was moving into Judge Santurri’s office, because she and recently appointed Escambia Judge Jennifer J. Frydrychowicz had to travel to central Florida to attend New Judge’s College during the first full week of January. Judges who were appointed and sworn in during 2014 attended along with Judge Kinsey and her New Judge’s College colleagues elected in the 2014 election cycle who took office while there. Several other judges in Escambia County rotated judicial assignments that same weekend. Circuit Judge Michael G. Allen rotated and moved to a juvenile division at the Bruno Center; while Circuit Judge Jan Shackelford changed her hat but not her office by rotating to a family law division. When no circuit judge expressed a desire to rotate to Escambia County due to the vacancy created by Judge Bilbrey’s elevation to the DCA, the First Judicial Circuit Nominating Commission was notified that the individual appointed to replace him will initially be assigned to a general jurisdiction division. That division handles felonies, civil cases over $15,000, guardianship, and probate cases. Finally, Circuit Judge Linda L. Nobles was elected without opposition as the next Chief Judge of the First Judicial Circuit for a term from July 1, 2015, through June 30, 2017.
New Members William A. Brightwell, IV West Florida Law 4300 Bayou Boulevard, Suite 37 Pensacola, Florida 32503 (850) 607-9108 william@westfloridalaw.com Therese A. Felth McKenzie Law Firm 905 E. Hatton Street Pensacola, Florida 32503 (850) 432-2856 therese@mckenzielawfirm.com Marcus “Rhett” Gross Gross & Schuster 802 N. Palafox Street Pensacola, Florida 32501 (850) 434-3333 rhettgross@tagross.com James T. Laura, Jr. Alexander Shunnarah Gulf Coast, LLP 25 E. Wright Street, Suite 2508 Pensacola, Florida 32501 (864) 423-5589 jlaura@asilpc.com R. Hadley Sanders, III Hadley Sanders, P.A. 201 E. Government Street Pensacola, Florida 32502 (850) 525-7137 hadleysanders@gmail.com
Kenneth Brooks, Jr.
Announcements New Partners at Shell Fleming Davis & Menge The law firm of Shell Fleming Davis & Menge is very pleased to announce the addition of three new partners to the firm’s ranks. Louis A. (Trip) Maygarden, Geoff P. Brodersen and Tommy G. Smith have each been with the firm for more than five years and have distinguished themselves as major contributors to SFD&M and its clients. Trip’s practice focuses on civil litigation, real estate law and family law. Geoff’s practice focuses on civil litigation, real estate law and commercial law. Tommy’s practice focuses on elder law, estate planning, public benefits, wills and trusts.
Kenneth Brooks of Milton receives First Judicial Circuit Florida Bar President’s Pro Bono Award Established in 1981, The Florida Bar President’s Pro Bono Service Awards are intended to encourage lawyers to volunteer free legal services to the poor by recognizing those who make public service commitments and to raise public awareness of the substantial volunteer services provided by Florida lawyers to those who cannot afford legal fees. Florida Bar President Gregory W. Coleman will present the 2015 awards. The awards recognize pro bono service in each of Florida’s 20 judicial circuits as well as service by one Florida Bar member practicing outside the state of Florida. They are presented annually in conjunction with the Tobias Simon Pro Bono Service Award, which is given by the chief justice of the Florida Supreme Court. Awards recognizing pro bono contributions also will be presented in the categories of Distinguished Judicial Service, Law Firm Commendation, Voluntary Bar Association and Young Lawyers Division. In the most recent 12 months reported, Florida lawyers provided nearly 1.9 million hours of pro bono services to those in need and gave $4.9 million to legal aid organizations. Since 1992, Kenneth Brooks Jr., who is a managing partner with Brooks, Warrick & Associates in Milton, has contributed hundreds of hours of free legal assistance to those who are on the fringe of the community through age, disability or economic circumstances. He has provided legal services or advice without charge to nonprofit groups that support local schools or serve the community in other ways. An avid outdoorsman, Brooks also has donated time and legal talent to local and regional environmental and historical causes. Brooks volunteers to staff free legal clinics throughout Northwest Florida in conjunction with Legal Services of North Florida and Northwest Florida Legal Services. In the last few years, he has provided legal help to area homeless veterans at the annual Stand Down events in Milton. In May 2014, he joined a team of area attorneys to conduct an advance directives clinic coordinated by Legal Services of North Florida. For two decades, Brooks has been chancellor (legal adviser) at St. Mary’s Episcopal Church in Milton. He has helped match at-risk children with prospective foster or adoptive parents, and he has coached, mentored and counseled youth. He also has served as a judge for the Teen Court program in Santa Rosa County. In 2014, Brooks received a ONE challenge coin from Legal Services of North Florida in recognition of his pro bono work. Brooks worked as a police officer in Plantation and Lakeland before returning to school to earn his law degree at the University of North Dakota School of Law. March 2015 www.esrba.com The Summation 5
Board of Governors Report from
THE FLORIDA BOARD OF GOVERNORS By STEPHEN ECHSNER
The Florida Bar Board of Governors met on January 30, 2015. The major actions of the board and reports received included: Fifteen legislative positions for The Florida Bar were approved for the 2012-14 legislative biennium. The new positions include calling for budgetary authority for government agencies to pay the annual Bar membership fees and CLE costs for their attorneys, getting state funding for the Florida Access to Civil Legal Assistance Act, supporting the Supreme Court’s annual certification of the need for new judges and calling for a comprehensive review of Florida’s death penalty process by all three branches of government. Information on the 2015 Legislative Session, contacting legislators and what The Florida Bar is advocating, as well as links to bills of interest to the legal profession, is available at www.FloridaBar.org/legislativesession. Chief Justice Jorge Labarga talked about the new Florida Commission on Access to Civil Justice and the importance of involving the business community and others in legal access issues. He also said a priority for the court in this year’s legislative session is increasing judicial branch pay. For more information on court funding visit http://www.flcourts. org/administrationfunding/court-funding-budget/ and view Overview of State Courts System’s Legislative Budget Request for FY 2015-16 and Overview of Judicial Branch Priority Issue on Staff Pay. Justices of the Florida Supreme Court joined the members of the board in a review of issues that are facing the legal profession, including: a reduced demand for lawyers; online document companies seeking to serve people who can’t afford lawyers; growing numbers of self-represented litigants; nonlawyers providing legal services; a uniform bar exam; the status of legal education; and alternative business structures including nonlawyers having an interest in law firms. Coverage of the presentation to the justices and board is in the February 15 issue of The Florida Bar News. Applications from Bar members are being sought by The Florida Bar for one upcoming vacancy on each of the state’s 26 Judicial Nominating Commissions. The Florida Bar will nominate three lawyers for each vacancy to the Governor for appointment. Each appointee will serve a four-year term commencing July 1. Applicants must be engaged in the practice of law and a resident of the territorial jurisdiction served by the JNC. Applications must be submitted no later than 5:30
6 The Summation www.esrba.com March 2015
pm, Monday, March 2, 2015. Persons interested in applying for any of these vacancies may download the proper application form or call Bar headquarters at (850) 561-5757, to obtain the application. Professionalism Expectations, a document replacing the Ideals and Goals of Professionalism, was approved. The guidance originates both from the ethical duties established by the Florida Supreme Court in the Rules Regulating the Florida Bar and the long-standing customs of fair, civil, and honorable legal practice in Florida. This Standing Committee on Professionalism definition is included: “Professionalism is the pursuit and practice of the highest ideals and tenets of the legal profession. It embraces far more than simply complying with the minimal standards of professional conduct. The essential ingredients of professionalism are character, competence, commitment, and civility.” For more information: www. FloridaBar.org/professionalism. A new certification area in Condominium and Planned Development Law was approved. The certification will now be submitted to the Florida Supreme Court for a rule change. If approved, it will join 24 areas of board certification currently available. Certification requires that Bar members: practice law for a minimum of five years; demonstrate substantial involvement in the field of law for which certification is sought; pass satisfactory peer review of competence in the specialty field as well as character, ethics and professionalism in the practice of law; satisfy the certification area continuing legal education requirements; and receive a passing grade on the examination required of all applicants or meet strict criteria to exempt the exam. For more information: www.FloridaBar.org/certification. The Board of Governors is seeking applicants for the following vacancies to be filled during its March 27, 2015 meeting: Supreme Court Bar Admissions Committee - one lawyer to serve a two-year term commencing July 1, 2015; Florida Patient’s Compensation Fund Board of Governors - one lawyer to serve a four-year term commencing July 1, 2015; and Statewide Nominating Commission for Judges of Compensation Claims - three lawyers from the territorial jurisdictions of the first, third and fifth state appellate districts to serve four-year terms commencing July 2, 2015.
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The Bottom Line
DSM-5 & PTSD:
WHAT DEFINES OUR VETERANS’ PLAGUE NOW? By ARI BURES In May 2013, The American Psychiatric Association revised their Diagnostic and Statistical Manual of Mental Disorders (DSM-5) with the intent of recognizing more expressions of distress resulting from traumatic experiences. DSM-5 essentially redefines the symptoms and diagnostic criteria of Post-traumatic Stress Disorder, as well as many other psychological disorders. It has even classified certain human reactions to the twists and turns of life as potential mental illnesses. There are positives and negatives to this latest revision, especially in the realm of Post-traumatic Stress Disorder. Let us take a look at what a combat vet returning home from the front lines with the signs and symptoms of PTSD looks like through the new eyes of psychiatry, the law, and the insurance company. Gone are the days when an unexpected death of a loved one was a contributing factor to the diagnosis of PTSD. Also off the menu are feelings of intense fear, hopelessness, or horror in response to a traumatic event. The reasoning behind these modifications is that these feelings do nothing to improve diagnostic accuracy. New symptoms that psychiatrists look for include persistent and distorted blame of self or others, persistent emotional negativity, reckless or destructive behavior, and dissociative symptoms of depersonalization and derealization. Overall, there are now eight criteria that all must be met in order for a diagnosis of PTSD to be made by a psychiatrist and presented to an insurance company for reimbursement: 1. Firsthand exposure to a traumatic event immediately preceding their symptoms, such as being threatened with injury, death, sexual assault, or repeated exposure to the horrific consequences of traumatic events through professional responsibilities such as soldiers and police officers. 2. Intrusive recollection of the traumatic event. Flashbacks, mental images, emotional responses, physiological reactions, nightmares, and vivid reenactments when reminded of the traumatic event through visual or auditory stimuli leading to years, even decades of panic, terror, dread, grief, or despair. 3. Avoidant behavior resembling agoraphobia in an effort to reduce if not eliminate the likelihood of being exposed to something trauma related that would invoke distressing traumatic memories. 4. Sudden and persistent negative mood and cognition immediately following the traumatic event. Feeling ashamed, hopeless, angry, or guilty about the traumatic event, even blaming themselves or blocking out the memory of the event entirely, and a sudden inability to experience positive emotions and sustain close relationships. 5. Changes in arousal or reactivity resembling panic and generalized anxiety disorders, intense hypervigilance resembling
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paranoia, and heightened startle response. Reckless, selfdestructive, and impulsive behavior is the newest addition to this criteria. 6. The aforementioned symptoms must persist for a minimum of one month before they can be diagnosed as posttraumatic stress disorder. 7. The patient’s social, personal, and occupational life must be adversely affected by the aforementioned symptoms. 8. Lastly, the symptoms cannot be related in any other way to medication, substance abuse, or other illness. The pros and cons of the new diagnostic criteria of DSM-5 are more political than clinical when it comes to post-traumatic stress. One benefit of the new criteria is that PTSD is now included in a diagnostic grouping called “Trauma and StressorRelated Disorders,” which highlights the underlying nature of PTSD and groups it with similar mental illnesses. DSM-5 also includes new guidelines for evaluating suicidality for doctors to have greater structure in assessing those who may be a potential danger to themselves. The only noted detriment so far with DSM-5 where PTSD is concerned exacerbates an existing problem of misdiagnoses of PTSD in forensic settings. However, another potential detriment to this new way to diagnose the issue is the potential for a veteran to self-diagnose and not seek the help needed. Regardless of the new criteria, treatment at the nearest Veterans Administrative Hospital should still be sought out. And that’s the Bottom Line.
Sources • US Department of Veterans Affairs (2014, January 3) DSM-5 Diagnostic Criteria for PTSD Released. Retrieved from http://www.ptsd. va.gov/professional/PTSD-overview/diagnostic_criteria_dsm-5.asp • Mayo Clinic Staff (2014, April 15) Diseases and Conditions: Post Traumatic Stress Disorder, PTSD. Retrieved from http://www. mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/ basics/tests-diagnosis/con-20022540 • Whitbourne, Ph D., Susan Krauss (2013, May 4) What the DSM5 Changes Mean for You, The Good, The Bad, and the Indifferent in the DSM-5. Retrieved from https://www.psychologytoday.com/blog/ fulfillment-any-age/201305/what-the-dsm-5-changes-mean-you • Frances M.D., Allen, (2012, December 2) DSM-5 Is Guide Not Bible- Ignore its Ten Worst Changes, APA Approval of DSM-5 Is a Sad Day for Psychiatry. Retrieved from https://www.psychologytoday.com/ blog/dsm5-in-distress/201212/dsm-5-is-guide-not-bible-ignore-its-tenworst-changes
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NWFPA CHRISTMAS LUNCHEON RAISES FUNDS TO BENEFIT LOCAL CHARITY The Northwest Florida Paralegal Association hosted its
over $2,500, and all funds will be donated to the Child Care
annual Christmas Luncheon on December 9th at Portabello
Center, which supports families by providing high quality early
Market and conducted a Charity Auction to benefit the
education and early intervention services for children from
Pensacola Children’s Services Center, now known as Capstone
infant to age five, provides an inclusive learning opportunity
Milton Child Care Center, a program of Capstone Adaptive
for all children, focusing on early intervention for children with
Learning and Therapy Centers, Inc. Approximately 65
developmental disabilities who are at risk of delay.
members and guests were in attendance. The event included
NWFPA also participated in a holiday collection drive for the
a live auction and a silent auction; there were over 60 items
benefit of Favor House of Northwest Florida, Inc., a domestic
available for bidding, including jewelry, gift certificates for local
violence center serving Escambia and Santa Rosa counties.
restaurants, salons, spas, and more, all of which were donated
NWFPA members and their firms provided gifts and toys for
by local businesses, NWFPA members, and local law firms.
children in residence as well as gifts, toiletries, household items
There were also many home-made items and baked goods made
and clothing for the women who are served by this wonderful
by Association members on the auction block. A great time was
organization.
had by all who attended. Professional Auctioneer Steve Blair of Steve and Jody’s Auction Services conducted the spirited and occasionally
The NWFPA Christmas Team and Executive Board would like to thank all who contributed to these worthy charity events for their time and generosity.
intense live auction. Raffle tickets were also sold and door prizes were given away to the attendees. The event raised
10 The Summation www.esrba.com March 2015
YOUNG LAWYERS DIVISION GIVES BACK AT BREAKFAST WITH SANTA EVENT For the second consecutive year, the Escambia-Santa Rosa Bar Association Young Lawyers Division (ESRBA YLD) helped sponsor the local Breakfast with Santa event that ensures local foster families have a wonderful holiday season. The Young Lawyers Division partnered with FamiliesFirst Network, the Junior League of Pensacola, and Tate High School to provide breakfast, gifts, and entertainment to foster parents and children. This year’s Breakfast with Santa event served 50 local foster families, made up of 150 children and 83 adults. The event itself takes place at a local activity center that has been transformed into a holiday wonderland complete with Santa and his elves. Once families arrive, they receive breakfast and the children are given the opportunity to take a picture with Santa and receive a gift from him. In addition, there are several games set up for the children. After eating breakfast, the children play the games to earn “Santa bucks.” Once they have a sufficient amount of Santa bucks, the children turn their Santa bucks in for an opportunity to go shopping with a personal shopper for gifts for their foster parents. Importantly, the foster parents are not present while their foster children shop. Once the children have picked out gifts for their foster parents they are assisted with wrapping the gifts. After
wrapping the gifts, the foster children are reunited with their foster parents, wrapped gift in hand, ready to be placed under the tree when the children get home. The event is aimed at not only providing gifts for the children and a morning break for the foster parents, but also to allow the children the opportunity to pick out gifts for their foster parents; something they likely could not do without this event. The funds for this event are raised exclusively through private donations. As a result the ESRBA YLD relies on members of the Escambia-Santa Rosa Bar Association for donations to fund their contributions to the event. As in the past, the ESRBA YLD received overwhelming support from the members of the Escambia-Santa Rosa Bar Association. In addition to funding, the ESRBA YLD also volunteers its members’ time. This year, members volunteered to help shop for gifts, help set up and take down the event, act as personal shoppers, and assist with running the games for the children. The ESRBA YLD enjoys assisting with this event, and looks forward to even more successful Breakfast with Santa events in the years to come.
March 2015 www.esrba.com The Summation 11
Ask a Lawyer THE FLORIDA DEPARTMENT OF CHILDREN & FAMILIES By ERIC D. SCHURGER
What is the Department of Children and Families? The Department of Children and Families is the lead agency in the State of Florida responsible for protecting and helping vulnerable children and adults. It is one of the largest social services agencies in the world with an approximate $2.8 billion budget and more than 11,000 employees. Our mission is “… to work in partnership with local communities to protect the vulnerable, promote strong and economically self-sufficient families, and advance personal and family recovery and resiliency.” § 20.19(1), Fla. Stat. (2014). How does the Department protect people? The Department’s investigative personnel work diligently to protect vulnerable adults and children from harm. Adult and child protective investigators work around the clock to investigate all reports received by the Florida Abuse Hotline alleging abandonment, abuse, neglect or exploitation. Reports are anonymous and may be filed 24 hours a day, seven days a week through the Department’s main web site myflfamilies.com or by telephoning 1-800-962-2873 (1-800-96-ABUSE). Attorneys with Children’s Legal Services (CLS) shelter abused, abandoned, or neglected children through legal proceedings in Circuit Court. Parents and kids are represented by appointment. See, Ch. 39, Fla. Stat. (2014). Contact CLS at (850) 595-8230 regarding a dependency case. Northwest Region (NWR) General Counsel safeguard abused, neglected, or exploited vulnerable adults through Adult Protective Services litigation. A victim may retain an attorney, or the Circuit Court will appoint counsel. See, Ch. 415, Fla. Stat. (2014). Contact NWR Counsel at (850) 595-8057 about APS or general legal issues with the Department. How does the Department help families financially? Economic Self-Sufficiency (ACCESS) staff members determine eligibility for cash benefits, food assistance, and Medicaid. The cash assistance program provides financial help to pregnant women in their third trimester and families with dependent children to help pay rent, utilities and other household expenses. Food assistance includes the Supplemental Nutrition Assistance Program (SNAP), formerly called food stamps. Eligible clients receive electronic benefits transfer (EBT) cards to buy household food, but may not purchase alcohol, tobacco or hot food with SNAP benefits. Beneficiaries also may buy seeds to grow food. 7 U.S.C. § 2012(k)(1) & (2). See, Ch. 414, Fla. Stat. (2014). The Medicaid program helps individuals and families pay for medically necessary services. The Department may determine Medicaid eligibility for applicants. Medicaid is a joint federal and state program. See, 42 U.S.C. §§ 1396-1396w-5. and §§ 409.901409.9205, Fla. Stat. (2014).
12 The Summation www.esrba.com March 2015
Individuals or families may apply for ACCESS benefits at the Department’s web site; through a local library or other community partner; or at an ACCESS Storefront located at 33 Brent Lane, Suite 103, Pensacola or 450-G Racetrack Rd. NW, Ft. Walton Beach. Who regulates day care centers? Office of Child Care Regulation workers police child care facilities and family day care homes in most of Florida. Some facilities are exempt from licensure or require registration only, however. The Department’s goal is to ensure that children are in safe and educational care with trained and qualified staff. See, §§ 402.26-402.319, Fla. Stat. (2014). Learn about licensed providers at the Department’s web site, services tab, child care link. Who helps people with mental illness or substance problems? The Office of Substance Abuse and Mental Health is responsible for the oversight of a statewide system of care for the prevention, treatment, and recovery of children and adults with serious mental health conditions or substance use disorders. The Department does not provide services directly but contracts with regional managing entities. Local behavioral health providers give direct care through subcontracts with the managing entity. See, Ch. 394 and 397, Fla. Stat. (2014) (including the Baker and Marchman Acts for mental illness and substance abuse commitments). Click on the services tab and either the mental health or substance abuse link on the Department’s web site for help. The Department also helps people who are incompetent to proceed with a criminal case. A delinquent child may receive competency restoration services either in the community or at a secure forensic facility. An adult defendant may be treated similarly. See, §§ 985.19 & 916.10-916.17, Fla. Stat. (2014). Consult the essential links at the mental health web site for information, model motions, and form orders. Department NWR attorneys have particular familiarity with this area of law and may assist judges, prosecutors and criminal defense lawyers. How can someone get help from the Department? Go to myflfamilies.com for assistance. Please let us know if we can help you. 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 a qualified attorney.
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March 2015 www.esrba.com The Summation 13
MARRIAGE EQUALITY VS. DIVORCE EQUALITY By AURORA OSBORN, CP
Since the federal Defense of Marriage Act was partially overturned in 2013, the legal status of same-sex marriage has changed dramatically throughout the United States. To date, 38 states now permit same-sex marriage and this April the U.S Supreme Court will hear oral arguments regarding whether states can ban same-sex marriage or refuse to recognize samesex marriages legally performed in other states. Its ruling is expected this summer. Locally, the trend toward recognizing same-sex relationships began with the passage of the City of Pensacola’s Domestic Partnership Registry (DPR) Ordinance. In August 2014, the U.S. District Court handed down a decision in Brenner v. Scott, 999 F. Supp.2d 1278 (N.D. Fla. 2015), which declared that Florida’s ban on same-sex marriage is unconstitutional. The City’s DPR ordinance remains unaffected by Brenner. Same-sex and opposite-sex couples residing within city limits may enjoy the limited benefits the registry provides without choosing to marry. Following Brenner, on January 6, 2015, same-sex couples in Florida are able to apply for marriage licenses in all 67 counties. Curiously, 14 of those counties, mostly in the state’s panhandle, discontinued offering marriage ceremonies to
14 The Summation www.esrba.com March 2015
both same-sex and opposite-sex couples in the months subsequent to the Brenner ruling. Santa Rosa County has discontinued its marriage ceremony services, purportedly for budgetary reasons. Escambia County continues to offer ceremonial services. As of February 28, 2015, it has issued 280 same-sex marriage licenses and performed 170 same-sex marriage ceremonies. In the same period of time, Escambia County has issued 445 opposite-sex marriage licenses and performed 232 opposite-sex marriage ceremonies. To date, three same-sex couples have filed for divorce in that county. The changing tide of the domestic and familial doctrines in Florida extends beyond the legal approval of same-sex marriage. Among other things, same-sex marriage will impact the practice of family and domestic relations law. Quite suddenly, the benefits of marriage (social security and workers compensation benefits, heath insurance coverage, beneficial immigration status, and statutory rights of inheritance, to name a few), which were previously only enjoyed by opposite-sex spouses, have been extended to a large group of non-traditional spouses. It logically flows that this influx of marriage will result in an influx of domestic relations issues unique to same-sex spouses, most notably in the context of divorce. It is difficult to predict the special challenges posed by same-sex divorce. For the sake of brevity, this article will focus on two: equitable distribution and alimony. Prior to examining the potential challenges unique to same-sex marriage, it will be helpful to first review the statutes governing equitable distribution and alimony. Equitable distribution is governed by Florida Statutes § 61.075. Subsection (6)(a)(1)(a) of that statute describes marital property as, “assets acquired
and liabilities incurred during the marriage, individually by either spouse or jointly by them.” Subsections (6)(a)(2) and (6) (a)3 presumes real and personal property held by the parties as tenants by the entireties is marital property, regardless of whether the property was acquired before or after the marriage. Alimony is governed by Florida Statutes § 61.08. Subsection (1) describes four forms of alimony: bridge-the-gap, rehabilitative, durational, and permanent. Each form of alimony is awarded based, in part, on the duration of the marriage. Subsection (4) provides durational definitions as follows: For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than seven years, a moderate-term marriage is a marriage having a duration of greater than seven years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage. Disputes regarding equitable distribution and alimony tend to be most contentious in moderate-term to long-term marriages. Same-sex marriage in Florida is in its infancy. As such, one may reasonably assume that evidence of the differences between same-sex and opposite-sex equitable distribution and alimony may not be discovered for some time; however, the traditional definition of marital property and the durational definitions used for alimony do not contemplate a key element of same-sex relationships: the former ban on samesex marriage. Many, if not most, recently married or soon-to-marry same-sex couples have been involved in ‘unofficial’ marriagelike partnerships for long periods of time. During this time, property has become jointly acquired and comingled. Further, the economic circumstances of the couples have become intertwined and each partner has become mutually dependent. To illustrate the forthcoming scenarios, consider a fictional same-sex pair, Sally and Suzy. They had been living together in a committed, supportive, and marriage-like relationship for 20 years. Sally and Suzy legally married on January 6, 2015. Three years later, they file for divorce. As noted above, equitable distribution in Florida relies on the distinction of when property was acquired – either before or after a marriage. In the event of Sally and Suzy’s divorce, a court would use January 6, 2015, as the date of marriage in order to determine which assets and liabilities are marital. Any
assets and liabilities acquired during the three years subsequent to January 6 would be considered marital property subject to equitable distribution, but the assets and liabilities acquired during the 20 years preceding January 6 would be considered non-marital and, assuming it could be determined, would be set apart for the spouse who owned legal title to the property. Though determining equitable distribution using the strict marital property definition may feel unfair, it would, in fact, be lawful. This dilemma may cause a challenge to the strict definition of marital property in same-sex contexts because couples in this unique position likely acquired untitled personal property (home furnishings, art, electronics, etc.) jointly during the time of the same-sex marriage ban. The same quandary applies to the issue of alimony. Courts consider a number of factors when determining an award of alimony. These factors include, but are not limited to, duration of marriage (as previously mentioned), financial need, marital standard of living, and contribution to the marriage. For 20 years of their relationship, Sally and Suzy were living together as legal strangers. At the time of their divorce, they had been together for 23 years, three of which were spent in a legally recognized marriage. Permanent alimony in Florida may only be awarded following “a marriage of long duration” (seventeen years or longer). Thus, if the Courts refuse to consider the whole of Sally and Suzy’s marriage-like relationship, or a reasonable portion thereof, the spouse in the weaker financial position may be left at a great disadvantage – she may receive a lesser alimony award or none at all. She would suffer the very harm the statute was designed to avert. Again, this may feel unfair but it appears lawful. It is unknown whether the courts will acknowledge the duration of the marriage-like partnership when considering an award of alimony. Much like any judicial decision or legislative amendment that reflects shifts in the values of society, only time will tell how the courts will treat unique issues such as those outlined above. Reliance on precedence may be limited due to the special nature of same-sex fact patterns. If this proves to be true, judges may be compelled to interpret laws which were written and designed with traditional values in mind, in a much more modern and contemporary manner. From the time of our nation’s founding, the evolvement of American judicial interpretation has resulted in the extension of many rights, privileges and benefits to those previously excluded from the promises of the U.S. Constitution. March 2015 www.esrba.com The Summation 15
IN MEMORIAM
WILLIAM HARRISON FLICK WILTSHIRE
William Harrison Flick Wiltshire was born on December 29, 1930, in Martinsburg, West Virginia and died at home in Pensacola, Florida on March 7th, 2015, at the age of 84. He was the son of Virginia White Wiltshire and Harrison Flick Wiltshire. Bill is survived by his wife of 60 years, Edith Hayward Wiltshire (Nikki), and their four children, Ashley Wiltshire Spotswood, Winn Wiltshire Crockard, William Harrison Flick Wiltshire, Jr. and Ashton Hayward Wiltshire, and nine grandchildren, Robert Keeling Spotswood Jr., Mary Hayward Spotswood Eudailey, Hastings Faulkner Crockard, Jane Comer Crockard, William Francis Crockard, William Harrison Flick Wiltshire, III, Brody Hayward Wiltshire, Jon Ashton Wiltshire, and William Tucker Wiltshire. Bill is also survived by his two siblings, Jane Wiltshire Snyder and James Faulkner Wiltshire, and many nieces and nephews. 16 The Summation www.esrba.com March 2015
A graduate of the University of Florida School of Law, Bill enjoyed a long and highly accomplished career as a trial and appellate lawyer. He was a member of the American College of Trial Lawyers, and served for many years on the Civil Rules Committee of the Florida Bar Association. Bill was devoted to his practice, cared deeply for the profession and its members, and was wellrespected for his tenacious advocacy for all clients, both the weak and the powerful. Bill was especially proud of his service as General Counsel for the National Naval Aviation Museum Foundation, for which he received the Lifetime Service Award in 1998. After his graduation from Shepherd College in 1951, Bill received his commission in the Navy, and in 1953 was privileged to become a Naval aviator. Among others, Bill flew the F9F-8 Cougar and A4 Skyhawk. Bill served on the carrier USS Ticonderoga and was a flight instructor at the NAS Sherman Field. Bill continued his service in the Aviation Reserve, and retired as a Commander in 1970. Bill’s love of aviation continued, and he flew privately for another 20 years. Bill was on the Executive Committee of the Fiesta of Five Flags, and was president in 1977. He was a member of the Downtown Rotary Club, and served as a Director of both the Gulf Coast Council of the Boy Scouts of America, and the City of Pensacola Airport Advisory Board. Bill was an avid outdoorsman, and a founding member of one of the South’s finest hunting clubs, Hit ’N Miss, which prospers to this day. Bill was much loved, and is well remembered. While a man of many interests, above all Bill loved his family. He leaves behind an extended family whose members embrace Bill’s legacy of courage, hard work, honesty, and dedication to family, the Navy and his community. A memorial service took place on Thursday, March 12th at 2 pm at Barrancas National Cemetery, at the Pensacola Naval Air Station. In lieu of flowers, memorial contributions may be made to the National Flight Academy, 1 Fetterman Way, Pensacola, FL 32508.
FACEBOOK, LINKEDIN & MOBILE APPS - OH MY! THE WIZADRY BEHIND ESRBA’S NEW SOCIAL MEDIA PRESENCE & RE-DESIGNED WEBSITE By JODI D. COOKE
It seems everyone and everything is embracing the social media Oz these days and your local bar association is no exception. The ESRBA is now on Facebook (like us!) and LinkedIn, and has plans to roll out a new and improved website and mobile app later this month. The changes to the existing ESRBA website were undertaken with a motivation towards increased member benefit and public accessibility. From featured photography by an ESRBA member to a calendar of local events, the website’s new look effectively merges professional with personal in a fresh new digital face for the ESRBA. The primary improved member benefit of the new ESRBA website is the opportunity to create customizable Premium profiles that will be accessible to and searchable by the general public. For an annual fee, members will be able to strategically market their practice areas and capabilities to other members of the Bar and to potential
clients through the ESRBA website, with photos and descriptions that can be changed or updated as often as they wish. ESRBA can even track the activity or “traffic” associated with a particular profile, allowing the member to measure its marketing efforts. Additional highlights of the new website include a searchable member directory accessible by smartphones, online CLE access, and electronic registration for Bar meetings and events. For more details, follow us down the yellow brick road to our BIG REVEAL on Thursday, March 19th, during our monthly bar meeting at Portabello Market. The website’s designers, Association Benefits International, will be on hand to answer questions and allow a “peek behind the curtain.” To RSVP for the meeting, please contact Jason Boatwright at Jason@esrba.com.
March 2015 www.esrba.com The Summation 17
DAVID CARROLL: DID YOU KNOW? By PATRICIA BUCHANAN WRIGHT Did you know that….David Carroll, one of our colleagues here in Pensacola, is an accomplished photographic artist? David practices all aspects of family law and is also a Certified Family Law Mediator. He is originally from Pensacola, an alumna of both Tate High School, and Pensacola Junior College (PJC). He received his Bachelor’s degree in Political Science from the Florida State University, and became a Legislative Analyst for the Senate Minority Committee (Republican) in Tallahassee while Governor Martinez was in office. He was also a researcher for the Republican Party of Florida. He achieved his law degree from Arkansas, and practiced in that state for about three years. In 1995, he moved back to Pensacola and has remained here since. While at PJC, David met his wife Chitra, who is from India. They married and have two very talented children. Chitra is art director at the John Appleyard Agency, and has been at that firm for 20 years. David actually became interested in photography while at PJC, and took several classes in photography to advance his interests. Warren Thompson, who taught at PJC, peaked David’s budding interests and David took a part-time position in
David and family 18 The Summation www.esrba.com March 2015
photography. David says that “people photography” grabbed his attention because he could try to capture people as they really are. Warren Thompson encouraged David to shoot pictures of people in everyday candid shots. David was shooting still life but turned to candid shots of people from taking that class with Thompson. At first, David says he felt awkward, but quickly brushed that off and dedicated himself to what he enjoyed doing. In his experience, most people and many photographers avoid people as subjects because people tend to pose rather than act naturally. In practicing law, David says that photography has helped him to appreciate the people who are his clients; i.e., what makes people “tick”; what is unique about that person. According to David, the challenge and the conflict is trying to catch a person’s personality. David landed a commercial project by way of a calendar put out by Sacred Heart. He shot several pictures for that calendar, and depicted, through those photos, the human relations view of the children who were cancer patients. He shot a billboard for McDonald’s, and featured his daughter Danielle receiving a McD gift card. A sampling of his photographic artistry is featured in this article. To David, photography is like taking a vacation (and does he know how to take a vacation--take a look at the Taj Mahal featured here). It is totally different from law in focus and in practice; there is the composition, placement, the orchestration of the subject(s), lighting, background—and don’t forget the participants! It is gratifying to know we have someone like David Carroll among us to bring us visual beauty and artistry through the photographic medium.
Our Heroes
Pensacola Cycling Classic
Priya at the Taj Mahal
Taj Mahal
Rajasthan
March 2015 www.esrba.com The Summation 19
Judge’s Preferences
JAN SHACKELFORD Each month we will publish detailed information on one of our First Judicial Circuit and County Judges. This edition, we are featuring Judge Jan Shackelford. You can also find this information and preferences for all First Circuit Judges at www.firstjudicialcircuit.org.
Type: Escambia County Circuit Judge Division: L Jurisdiction: Circuit Court / Family Law Judicial Assistant: Yvonne W. Burnette Address: M.C. Blanchard Judicial Building 190 Governmental Center Pensacola, FL 32502 Phone: 850-595-4453
DIVISION PREFERENCES This is intended as a brief overview of preferences regarding hearings and procedural matters. Your courtesies in adhering to these preferences will be greatly appreciated and will make our system one which runs more smoothly and efficiently for all involved. GENERAL INFORMATION The Code of Judicial Conduct precludes Judicial Assistants from making substantive inquiries of the judge on behalf of any attorney or litigant involved in any action. The Code prohibits all judges from considering ex parte (one side only) communications. Judicial Assistants are neither qualified nor able to provide legal advice to anyone. Judicial Assistants may assist with procedural inquiries only. Any issue to be considered by the Court should be in the form of a motion filed with the Clerk of Court with copies provided to all parties of record. It is the responsibility of the moving party to coordinate a hearing with all counsel/parties of record and to provide proper notice to all. Merely filing a motion will not bring the matter before the Court. SCHEDULING HEARINGS Moving party should take the lead in setting their motions. When scheduling a hearing, please ensure the motion has been filed with the Clerk of the Court and copies provided to opposing counsel or party. If your telephone system has the capability, arrange a conference call with opposing counsel’s office to coordinate the date and time for hearing prior to calling the judge’s office. This will eliminate calling the judge’s office several times and ensure the hearing is on everybody’s calendar. Otherwise, the moving party should contact the judge’s office for dates to coordinate with opposing counsel. Please be prepared to offer the following information: 1) amount of time needed for hearing; 2) the style of the
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case and case number; 3) the type of hearing to be scheduled; and 4) names of the attorneys involved in the case. If you need a hearing before or after a particular date, please indicate so before dates are offered. Please do not request less time than is actually needed. Judge Shackelford strictly adheres to the amount of time requested and will terminate the hearing at the end of the scheduled time. Schedule adequate time and do not piggyback motions onto time already scheduled or add another motion in the same case unless you check with the opposing party first as well as judicial assistant. The judge will not hear motions which have not been properly scheduled. Please do not rely upon voice mail for securing a date as messages are sometimes unclear, incomplete, or the particular time may no longer be available. A hearing may not be necessary if the motion is stipulated. These matters can be expedited if moving counsel states within the motion that the parties have conferred and agree to the entry of the order or if opposing counsel or party indicates approval by initialing the proposed order. If the issue has been set for hearing, the hearing will not be cancelled until the judge has approved the stipulation. CANCELLATIONS Upon determining that a case or issue resolves, the moving party should immediately notify the judge’s office and cancel all scheduled hearings so time can be cleared for other cases. Notice of Cancellation or Notice Withdrawing the Motion will be necessary. EMERGENCY HEARINGS Each request for an emergency hearing will be reviewed by the Court to determine the merit in the claim that is an emergency. Emergency motions are set for hearing at the Court’s discretion. Should the judge deem it to be an emergency, a hearing date and time will be set expeditiously. In additions to filing the original pleading with the Clerk of Court, please provide directly to the Court via run, hand-delivery or mail a courtesy copy clearly marked as a copy to avoid duplication of the document that was e-filed. Please note that this process should not be abused with routine temporary hearings. It is our goal to set temporary hearings within a reasonable time. UNCONTESTED DISSOLUTION BY AFFIDAVIT (no hearing) Landlord/Tenant eviction cases are heard every day beginning at 1 pm. Proposed final judgments may be submitted for consideration pursuant to Family Law Administrative Directive No. 2014.02, Procedure for Uncontested Dissolution of Marriage by Special Affidavit and Without Hearing. In addition to the three exhibits required by this Administrative Directive, specifically: Exhibit A, Special Affidavit for Uncontested Dissolution of Marriage; Exhibit B, Notice of Filing Special Affidavit for Uncontested Dissolution of
Marriage; and Exhibit C, Checklist for Uncontested Dissolution by Special Affidavit, the Marital Settlement Agreement shall be filed. These filings will be acceptable if they are formatted exactly as they are in the Administrative Directive. Further, when children are involved, a Parenting Plan will be required and should be noted on the checklist. Please note: Pursuant to paragraph one of the Family Law Administrative Directive 2014-02, If both parties are represented by counsel, the 15-day waiting period described in the Notice can be waived by supplying either a proposed Final Judgment of Dissolution of Marriage bearing the initials of both counsel or a separate filing by the other party documenting his or her consent to the entry of the Final Judgment without the 15-day waiting period. SUBMITTING PROPOSED ORDERS The office preparing a proposed order subsequent to a hearing shall provide an advance copy to opposing counsel and confirm there is no objection as to form of the order prior to its submission to the Court. The proposed order should then be provided to the judge with a cover letter indicating opposing counsel’s position. This will result in the proposed order going directly to the judge for consideration. Otherwise the proposed order will be held a minimum of five business days for opposing counsel to respond. Any objection to the proposed order must be raised in writing prior to the expiration of the holding period. Note: Please do not send proposed orders to the judge or the clerk prior to hearing. We prefer proposed orders either be brought to the hearing or submitted as described above. Effective January 1, 2015, the Escambia County Clerk will no longer accept proposed orders through the Florida Courts E-Filing Portal. All proposed orders should be submitted to the Judge by one of the following methods: 1) Hand delivery or 2) U.S. Mail; 3) Time sensitive proposed orders or orders which are not agreed upon by the parties and may require the judge to amend/remedy may be e-mailed in WordPerfect or Microsoft Word format with the title “Proposed Order” and Case Number in the subject line to Yvonne.burnette@flcourts1.gov. Please do not submit proposed orders by more than one method above. If a proposed order is submitted by e-mail to Judge Shackelford’s JA at yvonne.burnette@flcourts1.gov, all parties of record shall be included in that transmission. Please allow a minimum of one week for processing all proposed orders. All Orders entered by the Court will be forwarded to the Escambia County Clerk for distribution to the parties via e-service. Primary and secondary email designations for all attorneys of record are required. Self-addressed stamped envelopes will be required for any pro se or other interested party without an email designation. DOMESTIC VIOLENCE Please contact the Domestic Violence Coordinators at (850) 5954492 with any and all matters relating to Domestic Violence Court hearings, modifications, etc.
Concentrating in:
• Federal Civil Service Law • Business & Real Estate Law • Florida Public Employee Pensions www.FederalCivilServiceLaw.com 504 North Baylen Street • Pensacola, Fl 32501 Office: 850.434.9922 • Fax: 850.432.2028 March 2015 www.esrba.com The Summation 21
Wall of Honor
E. DIXIE BEGGS
Elmore Dixie Beggs, Jr. was a prominent Pensacola attorney and partner with the firm of Beggs, Lane, Daniel, Gaines & Davis. He also served an eight-year term as the State’s Attorney. Born on April 3, 1908, Dixie was one of five children of Judge E. Dixie Beggs, Sr. and Lily Clubbs Beggs. He attended Pensacola public school where he excelled at debate and tennis. He began working at his father’s law firm as an office boy at age 13. He went on to the University of Florida, where he served in the university’s ROTC program, and received his law degree in 1931. Dixie lost his first wife, Sara Strickland, who died in child birth in 1941. When the Japanese attacked Pearl Harbor on December 7th of that year, he enlisted the very next day. He served in the famed 88th Infantry Division during its Italian campaign and rose to the rank of lieutenant colonel. When he returned home, Dixie reentered the legal profession and married Margaret Walker Ridley, with whom he had two children, Caroline Beggs Newell and E. Dixie Beggs, III. He became integral in the formation of Baptist Hospital which opened in 1951. Initially the hospital’s legal representative, he served as vice-president for 23 years before becoming president of the hospital’s board of directors. Known for his keen interest in state and national legal reform, Beggs was a strong leader in his community. He was instrumental in early initiatives of the Florida State Bar Association and the American Bar Association. He sponsored and drafted acts that authorized continuous revision of Florida statutes by the State’s Attorney General. Perhaps his most important contribution to citizens and governmental officials of Florida was his effort starting in 1939 to codify state laws. Prior to that, the Legislature passed accumulated and amended laws without any attempt to harmonize them as Statutes in Force throughout the state. His efforts led to the annual codification of laws now known as the Florida Statutes. After the death of his second wife, he married again to Leonora Risher. Leonora brought two children to the marriage – Carol Brouha and Ann Phillips. Dixie Beggs, Jr. began his legal career practicing with his father (Beggs & Beggs) from 1931 – 1937. Both he and his father had the distinction of being licensed and practicing separate cases before the U.S. Supreme Court. He joined the firm of Yonge, Beggs & Carter (now Beggs & Lane) where he 22 The Summation www.esrba.com March 2015
practiced law until his retirement in 1976. Over the years, Dixie contributed to the success of many organizations and received many prestigious awards. He was the President of the Florida State Bar Association, on the Board of Governors of the American Bar Association, First Chairman of the Florida Supreme Court Nominating Committee, lifetime member, Deacon Emeritus (third generation) of the First Baptist Church of Pensacola, and President of the Pensacola Rotary Club. He also served on numerous Pensacola area Boards of Directors of area businesses and organizations. For exceptional courage and meritorious service in the military, he was awarded the Bronze Star, Legion of Merit, French Croix de Guerre, Czechoslovakian Medal for merit, Crown of Italy Merit and the Order of the British Empire. In civilian life, he was the winner of the Albert W. Gilchrist scholarship, the University of Florida 1930-1931 Student Body President, and a designated Distinguished Alumnus of the University of Florida. E. Dixie Beggs, Jr. passed away at the age of 92 on February 20, 2001. He is buried in St. John’s Cemetery.
March 2015 www.esrba.com The Summation 23
ESRBA LAWYER REFERRAL SERVICE
RECRUITING ATTORNEY PANEL MEMBERS By MICHAEL DOUBEK
The ESRBA Lawyer Referral Committee met in February
Referral Service.
to discuss the status and future of the LRS program. The
If your law practice could benefit from another source
committee is comprised of Wanda Radcliffe (Emmanuel,
of potential clients, we encourage you to join the Lawyer
Sheppard & Condon), Shelley Guy Reynolds (Law Office of
Referral Service. For a small annual enrollment fee, and a 10
Shelley Guy Reynolds), Phillip Warren (Taylor, Warren &
percent referral fee, it is a cost-effective and low risk means of
Weidner), Amy Sliva (Sliva Law Firm), Tiffany Sullivan (Tiffany
generating more clients.
A. Sullivan) and Alex Andrade (Moore, Hill & Westmoreland).
The committee recommended prominent visibility on the
The committee discussed possible marketing strategies the
ESRBA website, website links to other legal offices and The
program can utilize in this ever changing world of digital media.
Florida Bar, expanded relationships with other entities such
They also expressed a strong desire to expand the number
as the Bankruptcy Court, and increased education for panel
of ESRBA member attorneys who participate in the Lawyer
members and staff concerning the rules of the LRS program. It is the committee’s goal that the LRS program continues to be a valuable service for the community, as well as ESRBA members. If you are interested in joining the Lawyer Referral Service, or would like additional information, please contact Mike Doubek (mike@esrba.com) or any of the committee members. If you do not participate in the Lawyer Referral Service, and you encounter a client you cannot help, please ask them to call our LRS program at 434-6009. We will gladly direct the client to an appropriate LRS panel member.
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News from the Court
JUDICIARY CHANGE CONTACT INFORMATION In the Chief’s Corner several changes among the judiciary were identified. Contact information for those judges who recently relocated or welcomed to the bench may be found below. A complete list of contact information for all judges may be found at: www.firstjudicialcircuit.org/judges. Judge Michael Allen Theodore Bruno Building, Juvenile Justice Center 1800 St. Mary Avenue, Rm 451 Pensacola, FL 32501 (850) 595-3715
Judge Jennie Kinsey M.C. Blanchard Judicial Building 190 Governmental Center, 5th Floor Pensacola, FL 32502 (850) 595-4442 Judge Thomas Santurri Walton County Courthouse 571 Hwy 90 East, Rm 308 DeFuniak Springs, FL 32433 (850) 892-5425
Law Week 2015 Saturday April 25
9th Annual Free Legal Clinic Location: St. Sylvester's Church Navarre Time: 9:00 a.m. to Noon
Sunday April 26
Tuesday April 28
Law Day Luncheon Location: Crowne Plaza Grand Hotel (Grand Ballroom)
Guest Speaker: Honorable William H. Stafford 40 years on the Federal Bench
Time: 11:30 a.m. to 1:00 p.m. Admission: $20
Religious Service Christ Church
Location: 18 W. Wright Street Time: 10:30 a.m.
Monday April 27
Tuesday April 28
Judicial Reception
Blood Drive
Location: Crowne Plaza Grand Hotel
Location: M.C. Blanchard Building Ernest E. Mason Law Library Time: 8:30 a.m. to 3:00 p.m.
Time: 5:00 p.m. to 7:00 p.m. Admission: $20
(Mezzanine Level)
For all reservations or to sponsor, contact the Bar office at 434-8135 or esrba@esrba.com March 2015 www.esrba.com The Summation 25
TATE HIGH SCHOOL MOCK TRIAL TEAM For the eighth consecutive year, the Tate High School Mock Trial Team won the Circuit 1 mock trial competition. In March the team will travel to Orlando to compete in the State High School Mock Trial Competition. The Escambia/Santa Rosa Bar Foundation is pleased to support these fine young men and women with a $500 grant to help offset travel expenses to the competition. Good luck Aggies!
2015 PRUDENTIAL PRODUCTIVITY AWARD The Escambia/Santa Rosa Bar Association would
program with no new funding or added resources.
like to congratulate Circuit Judge Edward Nickinson, The Prudential Productivity Awards publicly Trial Court Administrator Robin Wright, and
recognize state employees whose work increases
Department of Children and Families Operations
productivity, promotes innovation, and saves money
Program Administrator Pamela Anderson. They are
for Florida taxpayers and businesses.
winners of a 2015 Prudential Productivity Award for their collaboration on the Escambia County Early Childhood Court. Early Childhood Court improves outcomes for infants and toddlers in the dependency system. Escambia County implemented a successful
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March 2015 www.esrba.com The Summation 27
Photos
Santa Rosa Legal Community Holiday Luncheon
Judge Jennie Kinsey’s Investiture
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ESRBA Holiday Celebration at Gulf Coast Community Bank
March 2015 www.esrba.com The Summation 29
News from the Clerk
ACCESS TO COURT RECORDS: A BALANCING ACT By PAM CHILDERS
Balancing the public’s right to access non-confidential court records with the individual’s right to privacy in this world of accelerated pace of technological change is no easy task. Court records, once only accessible by viewing the single paper case file at the courthouse, can be viewed simultaneously by thousands from anywhere in the world when the case is converted to an electronic file. Once an electronic document is downloaded, it can be shared, emailed, or posted onto social media sites for all to see. The Florida Supreme Court continues to guide the Florida State Courts System in its transformation of court records from paper to electronic form with the issuance of Administrative Order AOSC 14-19 – Standards For Access To Electronic Court Records (Mar. 19, 2014, as amended). (Links to AOSC 14-19 and the Security Matrix discussed below are on our website.) AOSC 14-19 adopts the Standards for Access to Electronic Court Records and Access Security Matrix as recommended by the Florida Court Technology Commission (FCTC). According to then-Chief Justice Ricky Polson, the Standards and Access Matrix “provide a carefully structured mechanism to facilitate appropriate, differentiated levels of access to court records to members of the general public and user groups with specialized credentials, and judges and clerk’s office staff, based on governing statutes and court rules.” The Standards for Access to Electronic Court Records define how the clerk can provide access to court records, what records may be shown, and how the records can be searched. These standards also ensure the balance between the court records remaining secure but accessible to authorized users. The Access Security Matrix categorizes a person’s access to court records based on three classifications: User Roles, Case Types, and Access Levels. User Roles categorize each court records viewer into one of currently ten types: (1) Judges and Clerk, (2) State Attorney, (3) Attorney of Record, (4) Party Access, (5) Subscribers, (6) General Government and Constitutional Officers, (7) Public Internet/ Anonymous, (8) Law Enforcement, (9) Attorney General and Dept. of Children and Family, and (10) School Board. Case Types describe the type of filing or charge for a case. Case Types include Circuit Civil, Mortgage Foreclosure, Probate, Criminal Traffic, Domestic Relations, and Felony. The matrix also further describes certain sub-case types based on the confidential information contained in those sub-types, such as Felony – sexual cases and Domestic Relations Adoption.
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Access Level defines the amount of viewable court case information based on current statutes and rules. The Access Level specifies the amount of viewable case information down to the level of case number, party names, docket and case information, public documents, confidential documents, sealed documents, and redacted/non-redacted documents. Access Levels are currently assigned letters A through G, and the amount of viewable court case information ranges from the broad overview of level A allowed to see everything except expunged cases to the narrow view of level G allowed to see the case number only. The Access Security Matrix grants each user role a certain level of access to case information to each case type. For example, an Attorney of Record (3) is granted level (B) access to the Domestic Relations case type. Level B access includes “all but expunged, or sealed under Ch. 943 or sealed under rule 2.420 including redactions.” The general public (7) is granted level (E) to the same Domestic Relations case type. Level E access includes “Case number, party names, and dockets only.” Level E access does not grant the user role access to the case documents. In order to implement AOSC 14-19, each clerk must submit an application to the FCTC Access Governance Board for approval of its electronic records access system or court records website. Once the FCTC has approved a clerk’s application and the clerk has modified their court records website to comply with AOSC 14-19, the clerk will have a 90 day monitoring period to certify that all security measures are in place and that the access to court records complies with the standards and matrix. The Escambia County Clerk of Court has submitted our application to the FCTC for the approval of our court records website. The FCTC may address the clerks’ applications at their next scheduled meeting on February 17th in Orlando. However, we are not idly waiting by for approval. Our office is busy with the necessary setup, configuration, and testing that is necessary to ensure compliance with the new standards and matrix. AOSC 14-19 is not the last change for electronic court records. Florida State Court’s long transformation from paper to electronic court records and workflow will continue to progress and change at a calculated, efficient, and responsible pace. Submitted by Lendy Davis on behalf of Pam Childers, Escambia County Clerk of the Circuit Court & Comptroller
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Calendar April 3 Good Friday Bar Office Closed April 25 Ninth Annual Free Legal Clinic St. Sylvester’s Church, Navarre 9:00 am - Noon April 26 Law Week Religious Service Christ Church 10:30 am
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April 27 Pump-A-Pint Blood Dive Ernst E. Mason Law Library, M.C. Blanchard Judicial Building 8:30 am - 3:00 pm April 28 Law Day Luncheon Crowne Plaza Hotel, Grand Ballroom 11:30 am - 1:00 pm April 28 Judicial Reception Crowne Plaza Hotel, Mezzanine 5:00 pm - 7:00 pm
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32 The Summation www.esrba.com March 2015