The Summation Summer 2015

Summati

The

Escambia/Santa Rosa Bar Association

n

June 2015

Volume 4 / Issue 2

page 14

Law Day Luncheon Keynote Address Board of Governors • Pensacola Lighthouse Grand Jury vs. Coroner’s Inquest

June 2015 www.esrba.com The Summation 1

Inside

The

Summation

10. Emerald Coast Legal Aid 11. Local Lawyers & Businesses Give Back 12. Grand Jury vs. Coroner’s Inquest 13. A REAP Graduate’s Story 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

16. Pensacola Lighthouse 18. Arbitration vs. Mediation 22. Wall of Honor

Executive Director Michael Doubek mike@esrba.com

24. Law Day Luncheon Keynote Address

Editor Patricia Buchanan Wright patriciabwright@aol.com

In every issue

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.

14. TEAM Court/Mental Health Court

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 design by Guy Stevens

2 The Summation www.esrba.com June 2015

28. Photos 3. From the President 4. Board of Governors 5. New Members / Announcements 6. Chief’s Corner 8. The Bottom Line 20. Judge’s Preferences 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

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From the President

AN INTEGRAL PART OF OUR LEGAL COMMUNITY

By JAMES WEBER

For the past 40+ years, I have been proud to have been

October Pro Bono Recognition reception, co-hosted with Legal

a member of the Escambia/Santa Rosa Bar Association. I am

Services of North Florida, featured guest speaker Benjamin

grateful and honored to have had the opportunity to serve this

Crump, and was also a great success. The Honorable William

great organization as its President. The Escambia/Santa Rosa Bar

Stafford also gave a great presentation on the Magna Carta at the

Association is an integral part of our local legal community and

Law Day luncheon to top off a successful year.

the entire First Judicial Circuit. I trust it will continue to serve

Throughout the last year, the Escambia/Santa Rosa

the local legal community for another 40 plus years with your

Association Bar membership meetings featured an array of

support.

interesting topics and speakers. They included Cym Powell,

The relationships the ESRBA has developed over the years

who spoke about his novel and the Soldiers Angels Project,

with our legal community partners is impressive. Most of us see

Florida Bar President Greg Coleman, an ethics presentation by

the products, services and events provided by the Association,

David Beard, a DCA Judge’s reception and CLE, and the always

but many of us may not realize the day-to-day cooperation that

popular holiday reception at Gulf Coast Community Bank. We

occurs between the ESRBA and those partners. Naturalization

also offered a range of seminars topics including Intellectual

ceremonies at the U.S. District Court, State and County judicial

Property, Family Law, Accident Reconstruction, and Ethics

investitures, training programs with the Clerk of Court’s

throughout the year.

office, visiting DCA Judge’s receptions and seminars with the

I would like to extend a special thanks to Mike Doubek and

Northwest Florida Paralegal Association are but a few examples

our Bar staff. Their service and dedication to the Escambia/

of legal community activities in which the ESRBA contributes.

Santa Rosa Bar Association cannot be understated. Year after

This past year the Association accomplished many things, and started a few new initiatives. We began publishing The Summation Weekly with the intent of obtaining a periodicals

year, they do a tremendous job supporting all of our programs and events, and this year was no exception.

Lastly, I would also like to extend a special thanks to all the

permit to accept legal notices. We are also on the cusp of rolling

attorneys and other volunteers who have offered their time and

out a new multi-media friendly website.

talents to the Escambia/Santa Rosa Bar Association in service

We had many great events throughout the year. In

of our local legal community. Though your continued support

conjunction with the First Judicial Circuit Bench/Bar

and involvement, the Escambia/Santa Rosa Bar Association will

Professionalism Committee, we held a very successful Bench/

continue to be an integral part of our local legal community.

Bar conference in Navarre with over 160 attendees. The

Thank you again for this opportunity to serve.

June 2015 www.esrba.com The Summation 3

Board of Governors Report from

THE FLORIDA BOARD OF GOVERNORS

By STEPHEN ECHSNER

The Florida Bar Board of Governors met on May 22, 2015. The major actions of the board and reports received included: A board-level committee and a Standing Committee on Technology were approved as recommended by the Vision 2016 Technology Committee. The Board of Governors committee will underscore the importance that technology now plays in the profession and the legal system, and it will act as liaison with the Florida Courts Technology Commission which oversees technology in the court system. Two additional technology related member benefits were also approved: Chrometa is a time keeper while working on a PC, Mac, iPhone or Android. Logikcull provides instant eDiscovery and document review via an internet browser or smart device. Florida Bar members can receive discounts on many services and products at www.floridabar.org/memberbenefits.

Legal technology and innovation will take center stage at The Florida Bar’s 65th Annual Convention “Charting a Course for the Future,” June 24-27, at the Boca Raton Hotel and Resort. To help Florida Bar members get up to speed on ever-improving technological options and issues in an ever-changing legal environment, The Florida Bar has teamed with Clio, a leader in cloud based practice management software, to present “InSession: Transforming Practices Through Technology” on June 24. World class speakers will present the latest on law and technology issues along with legal futurist and international speaker Richard Susskind as the luncheon keynote speaker.

One-day only registration is available for this seminar and it is included in the full annual convention registration. Register online, view the schedule and download the convention app at www.floridabar.org/ annualconvention.

4 The Summation www.esrba.com June 2015

Nominations were made of three lawyers each for one vacancy on each of the 26 Judicial Nominating Commissions. The governor will make the final appointments for four-year terms beginning July 1.

The Florida Bar will continue to closely monitor the upcoming special session of the Florida legislature to advocate for court funding issues, particularly for needed remodeling and upgrades on the Third DCA courthouse, phase two of a pay parity initiative for court employees and salary increases for judges for the first time in eight years. Updates will be posted at www.floridabar.org/legislativeactivity.

The Young Lawyers Division reported on its many activities for May’s Health & Wellness Month recognition. The YLD designed the initiative to bring awareness to mental and physical issues that affect the quality of life of lawyers in Florida. Each day during the month of May 2015, the YLD posted on social media easy health and wellness challenges, tips, video clips, and relevant articles using the hashtags #livewell and #flayld.

The Wm. Reece Smith Leadership Academy will graduate its second class of fellows in June and welcome the third class of 52 members. The current class is making a $3,000 gift to The Florida Bar Foundation and along with many in the class becoming Foundation Fellows they raised more than $30,000 for the Foundation.

A report was received from a recent meeting of the Florida Courts Technology Commission which continues to address matters involving e-filing, e-service and other issues impacting members of the Bar. One of the issues being considered now is the submission of proposed orders. A change to the Rules of Judicial Administration may be needed for this procedure.

New Members Evin D. Childs Evin Dyess Childs, Attorney at Law, P.A. 1720 W. Fairfield Drive, Suite 518 Pensacola, FL 32507 (850) 490-3443 ChildsLaw@aol.com Bobbie Celler Cellar Law, P.A. 6901-A N. 9th Avenue, Suite 247 Pensacola, FL 32504 (850) 688-1051 bcellar@cellarlaw.com Meredith D. Crawford Escambia County Attorney’s Office 221 Palafox Place, Suite 430 Pensacola, FL 32502 (864) 595-4970 mdcrawford@myescambia.com Justin T. Holman Stephen T. Holman, P.A. 1940 St. Mary Avenue Pensacola, FL 32501 (850) 435-6909 jth@stephentholman.com Alexis L. Kessler Galloway, Johnson, Tomkins, Burr & Smith, PLC 118 E. Garden Street Pensacola, FL 32502 (850) 436-7000 AKessler@gallowayjohnson.com Garrett P. LaBorde LaBorde Legal Group, LLC 4300 Bayou Blvd., #37 Pensacola, FL 32503 (850) 792-4572 Garrett@LabordeLegal.com Misty Priest The Priest Firm, LLC 5177 Elmira Street Milton, FL 32570 (850) 438-1040 misty@floridafamilypride.com Douglas D. Tidwell Michael D. Tidwell, P.A. 811 N. Spring Street Pensacola, FL 32501 (850) 434-3223 dtidwell@emeraldcoasttitle.com Anna L. Uniacke Criminal Conflict & Civil Regional Conflict Counsel P.O. Box 12273 Pensacola, FL 32591 (850) 595-2371 Annalee.uniacke@rc1.myflorida.com

Announcements Welcome to the First Judicial Circuit Court Judge Coleman Lee Robinson The Escambia/Santa Rosa Bar Association would like to welcome Coleman Lee Robinson to the First Judicial Circuit Court. Judge Robinson was appointed by Governor Rick Scott in April. He fills a vacancy created by the appointment of Judge Ross Bilbrey to the First District Court of Appeal.

Judge Robinson began serving on the bench on June 1st at the Theodore Bruno Juvenile Justice Center.

Judge Robinson has served as an Assistant State Attorney for the First Judicial Circuit since 1994. He also served as a Special Assistant United States attorney from 2007-2009. He is a member of the First Judicial Circuit Grievance Committee. Judge Robinson received his bachelor’s degree from Florida State University and his law degree from the University of North Carolina.

Please join us in welcoming Judge Lee Robinson to the Bench.

Remembering Pamela Frazier Long time ESRBA member Pamela Kay Frazier lost her struggle with cancer on June 4, 2015. Pamela was 62. She was the daughter of Richard Talmadge Frazier and Viona White Frazier of Niceville, Florida. She attended Niceville High School and Florida State University where she graduated from the College of Law in 1986.

Pamela practiced law in Tallahassee and Pensacola.

She was a partner in the Pensacola law firm, Lozier, Thames and Frazier. She retired in late 2012.

The family would like to thank Dr. S. Patel of Woodlands Medical Specialists, the fourth floor staff of Baptist Hospital in Pensacola and Covenant Hospice for their kind and compassionate care during Pamela’s illness.

Memorials may be made in Pamela Kay Frazier’s memory to the American Cancer Society, P.O. Box 22718, Oklahoma City, OK 73123-1718 or to Pancreatic Cancer Network 1050 Connecticut Avenue NW, 10th Floor, Washington DC 20036.

June 2015 www.esrba.com The Summation 5

Chief’s Corner

A RETROSPECTIVE VIEW

By JUDGE TERRY D. TERRELL

These past six years have passed by in a flash. My tenure as Chief Judge began July 1, 2009, while the nation was still in the trough of the recession. The first thing that had to be done was discharge some of the court’s circuit-wide information technology staff due to funding deficiencies. Other court staff members had been discharged by my predecessor the year before. In addition to those losses, just as so many in the private sector experienced, the State imposed reductions and added costs of benefits on all state employees including all court staff during the recession, and all judges pay was cut for two years.

Immediately upon assuming chief judge responsibilities, a request was received to evaluate the equity of court staffing across the circuit. It was quickly determined that, while all counties were under-staffed with judges based upon statistically established judicial need, Okaloosa County had the greatest need while Escambia County had the least. An age-limited Circuit Judge in Escambia County had to retire at the end of his term in January 2011. The Bar was informed in late 2009 that the position would be transferred from Escambia County to Okaloosa County in January 2011.

That provided notice to potential judicial candidates of where the position would be assigned. Okaloosa County also needed time to provide the required office space for a new judge and judicial assistant.

system obligations. In the Spring of 2011, the court system literally came within one day of furloughing all judges and all court staff because of Florida’s balanced budget requirements. Thankfully, the new Governor and the Legislature came to understand that the issue was a funding problem and not a spending problem (the court system expenditures were well within budgetary limits), and they approved a last minute loan to keep the courts open and operating.

During that same period the sub-prime mortgage debacle, combined with wide-spread unemployment, resulted in a rapidly expanding inventory of foreclosure cases. The Legislature decided to revise the funding of the State Court System from primarily general revenue based funding to a primarily trust fund based source substantially funded by increased filing fees from foreclosure cases. Most of those fees were placed into the State Court Revenue Trust Fund.

Nearly 40 percent of our First Circuit judicial positions have changed over the past six years due to retirements, resignations, or appointments to higher courts. The Fort Walton Beach Okaloosa County Courthouse Annex Extension was occupied October 1, 2011. The build-out of the Escambia County M. C. Blanchard Judicial Center was completed in May 2015. Planning is underway to remodel and expand the Okaloosa County Courthouse in Crestview. Another much overdue, more focused initiative is germinating in Santa Rosa County to replace that County’s outdated, inadequate court facility.

That plan worked relatively well until the “robosigning” scandal erupted in October 2010. That event led to significantly reduced filings of foreclosure cases compounded by a moratorium on filings by lenders and loan servicers. As a consequence, the State Court Revenue Trust Fund was depleted to the extent that insufficient money was available to pay all the court 6 The Summation www.esrba.com June 2015

The Legislature concluded the burgeoning foreclosure backlog was negatively impacting economic recovery. Funding for one year was provided for a backlog reduction initiative in 2011. After a one year break in funding and with monies recovered from suits filed by Attorneys General against various lenders for questionable lending practices, the Legislature provided funds for senior judges, magistrates, case managers, and technology in 2013. At the same time electronic filing was expanding to the state court system, and computer software programs were being developed and approved for judicial viewers and “Dashboards.”

Those platforms provided relevant information which was used by judges and case managers to efficiently, yet fairly, reduce the foreclosure backlog in the First Circuit from a high of approximately 13,500 cases to what is expected to be approximately 3,000 cases when the backlog program expires June 30, 2015.

The First Circuit continued to have the highest judicial need compared to other circuits every year but one for the past six years based on statistical data. In other words, your court system has done everything the

other trial courts in the state have had to do with fewer resources. And, if I do say so myself, what has been done has been done quite well. We have one of the highest jury trial rates in the state. We have tried 11 tobacco trials to verdict since May 2009, the shortest of which lasted three weeks and the longest of which lasted six weeks.

With a reputation for embracing innovation and improving processes, we have expanded the use of the case management strategies of problem-solving courts with an expanded Drug Court in Escambia County and a traditional Drug Court in Okaloosa County, with a Veterans Court in Okaloosa and another planned in Escambia County, with Mental Health Courts and with Baby Courts in Escambia and Okaloosa counties. Case loads have been slowly trending down, generally across the board, over the past five years. I, for one, would opine that, at least in the criminal arena, some of that trend is due to the efficacy of problem-solving court case management strategies.

All of the Clerks in the Circuit and the Public Defender have changed during the past two and a half years.

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

The persistent theme of most of the Chief’s Corner articles over the past six years has been about accommodating change. It goes without saying that none of what has been taken on has been resolved without the dedicated, hard work of all the judges, senior judges, court staff, and court administration members working with our partners.

Whether you are a member of the private Bar, or are with the State Attorney’s Office, the Public Defender’s Office, the Office of Civil and Criminal Regional Conflict Counsel, a court appointed attorney, a Guardian ad Litem, a Clerk’s office, a Sheriff’s Department, a County Commissioner or County Administration staff, or work with other stake-holders such as the Departments of Corrections, Juvenile Justice, Children and Family Services, Revenue, and others, thank you for your contribution to making such a complex system work so well.

It has been my privilege to serve as Chief Judge with all of you dedicated, committed professionals.

Thank you for the opportunity to have served our communities, the Bar, and the Bench. And you should know that you will be well-served by your next Chief Judge, Linda L. Nobles, who assumes her new duties July 1, 2015.

June 2015 www.esrba.com The Summation 7

The Bottom Line

THE PARALEGAL’S DUTY (?)

TO REPORT ATTORNEY MISCONDUCT

By AURORA OSBORN, CP

Assume you are having lunch with a colleague who is working as a paralegal. She complains of the stress associated with working in a small legal office and the internal conflict she feels when reviewing edits her employer makes to draft invoices. The conflict stems from two unethical billing practices: 1) the padding of time; and 2) the misrepresentation of paralegal work as attorney work. With shock and bewilderment you ask her what she intends to do about it. “Nothing. Issue the invoices as edited. If I make a stink about it, I’ll lose my job and a good reference,” she responds. She continues to confide in you about the attorney’s misconduct for the next few months, until she manages to secure employment in an entirely different field. The thought of your colleague’s quandary - balancing personal and professional integrity with economic self-interest and survival – doesn’t sit well with you. After all, you learned in paralegal school that legal professionals have a duty to report misconduct in order to protect the confidence the public has in the profession. Is your colleague’s non-action an ethical violation? Is yours?

“If the house is to be cleaned, it is for those who occupy and govern it, rather than for strangers, to do the noisome work.” People ex rel. Karlin v. Culkin, 248 N.Y. 493 (1928). The idea of self-policing is echoed in the ABA’s Model Rules of Professional Conduct at Rule 8.3(a) and The Florida Bar’s Rules of Professional Conduct at Rule 4-8.3. Attorneys are required to report misconduct and, when found in violation of ethical rules, are vulnerable to disciplinary actions ranging from reprimand to disbarment and even criminal prosecution. Paralegal conduct – or misconduct – is the responsibility of the supervising attorney under the doctrine of respondeat superior; however, there is no clear authority on the inverse of that relationship.

Because of the adoption and incorporation of wellestablished legal ethical codes by organizations such as the National Association of Legal Assistants (“NALA”) and the Florida Registered Paralegal Program (“FRP”), the duty to report misconduct presumably extends to those working in the paralegal realm. These organizations are voluntary, however, and many paralegals are not

8 The Summation www.esrba.com June 2015

affiliated with them. Further, the paralegal profession is not currently subject to licensure or regulation in Florida; therefore, paralegals are not vulnerable to the same sanctions and punishments as attorneys (egregious misconduct excluded).

Legal professionals are expected to be of good moral character and the consequences paralegals face by exercising such character are oftentimes too damning or overwhelming to ignore. Paralegal ethical texts generally state that the determination to report misconduct of an attorney must be made extremely carefully. The questions to consider are many. They include, but are not limited to: • Do you positively have all the facts?

• What is your motive?

• Who is being injured by the misconduct?

• Who is the proper authority in your office / What is the chain of command?

• Can you risk retaliation?

• Do you have an affirmative duty to report?

• Would you be a protected “whistleblower”?

• Is anyone else privy to the wrongdoing?

Prior to her departure, your colleague and her former employer-attorney never received any audit requests or billing challenges from their clients. She knew “the right thing to do” was to consult with an outside attorney to discuss reporting the misconduct to the appropriate governing authority (The Florida Bar) but she also knew that if she did make such a report, her livelihood would be in danger and her potential for future employment in the legal field might be compromised. Retaliation for the honorable conduct of nonlawyer staff is a real and present issue and fear of said retaliation often trumps the instinct to challenge unethical behavior. These people have families to support, mouths to feed, and bills to pay. Is the safest way out of this ethical dilemma to simply secure employment elsewhere? Where do we draw lines among ethical responsibility, avoidance, complicity, and selfpreservation? How long will this gray area remain gray?

How many lawyers and nonlawyers relate to the subject matter discussed in this article? These questions remain largely unanswered. And that’s the bottom line.

ATTORNEYS AT LAW www.cphlaw.com

MEDIATION Michael Schofield has handled more than 1,000 mediations in the last 10 years.

Certified in both Florida and Alabama, he is available to assist with all types of cases.

• Probate and Trust Disputes • Construction Disputes • Personal Injury • Business Organization Disputes

Michael J. Schofield Certified Circuit Civil Mediator Arbitrator ADR Neutral

• Real Property • Contract/Commercial Disputes • Real Property Title Cases • State and Federal Court Matters

www.floridamediators.org/michael-schofield 850.434.9200 | mschofield@cphlaw.com PENSACOLA 850.434.9200

DESTIN

850.650.3304

SANTA ROSA BEACH 850.650.3304

888.777.5105

TALLAHASSEE 850.597.7483

ORANGE BEACH 251.245.8595

June 2015 www.esrba.com The Summation 9

NORTHWEST FLORIDA LEGAL SERVICES WILL NOW OPERATE AS

EMERALD COAST LEGAL AID

By W. DOUGLAS WHITE

Northwest Florida Legal Services Inc. has been in operation in Pensacola since 1978. Additional resources for providing legal assistance to the poor were added when Legal Services of North Florida opened an office here in 2004. In the September 2014 edition of The Summation, Leslie Powell did an excellent job of describing the similarities and differences between Northwest Florida Legal Services and Legal Services of North Florida. Even with explaining the distinctions of the two programs, people still get confused because of the very similar names.

In an effort to reduce the confusion between

10 The Summation www.esrba.com June 2015

the two program names, Northwest Florida Legal Services will begin doing business as Emerald Coast Legal Aid effective June 1, 2015. We hope that utilizing a new operating name will help clients and members of the Bar distinguish between the two programs. In all respects our program will continue to do exactly what we have done for the past 37 years in Escambia and Santa Rosa counties.

We will maintain the same office location at 701 South “J� Street just north of the Sanders BeachCorrine Jones Center. All email addresses, phone numbers and web site will remain the same.

LOCAL LAWYERS & BUSINESSES GIVE BACK TO DOWNTOWN PENSACOLA

By EMILY ECHEVARRIA

Downtown Pensacola’s ongoing renaissance has brought the area to life over the last few years, but local lawyer Peter Mougey noticed one area that could use some improvement. He also saw an opportunity for the local law community to join forces to make a contribution to the community, and the project he spearheaded has brought an aesthetic element to Palafox Street that befits the lively businesses and visitors it hosts.

The mostly unused planters that line the thoroughfare were in need of maintenance, and they’ve long been barren of colorful blooms.

“There are 29 of these planters down between Garden and Main Street and they all have a concrete lip around them and are in different states of disrepair and there’s nobody to maintain them,” Mougey said.

Mougey joined forces with local businesses Fluid Metalworks and Executive Landscaping Services to bring the project to fruition. He spoke with owner of Fluid Metalworks Jon Waldrop about designing fencing to go around each bed and they settled on a unique style with visual interest and a rounded top. Waldrop created a prototype that Mougey brought to Mayor Ashton Hayward and the Downtown Improvement Board for approval. He worked with president of Executive Landscaping Rene West to come up with a plan for planting and maintenance of the flowers in the beds.

With approval from government agencies and plans in place, the task of acquiring the necessary funding loomed.

Executive and Fluid generously donated their labor and offered their services at cost, the funding of which has been secured from a variety of Downtown law offices.

Mougey went to the offices individually to get them onboard with donating to the cause and he said the firms were happy to contribute to a Downtown

improvement project. He worked with the Escambia Santa Rosa Bar Association to get donors involved.

“To me it was the one thing that kind of stood out; everything else looks great,” Mougey says. “There must be a little something we can do to get the local law firms contributing back to downtown, something we can give back as a group that would make a good sized contribution and then Jon at Fluid and Rene at Executive were kind enough to help make it feasible.”

The project was in its early idea phase last fall and the fencing installation and the restored beds came to Palafox this June. The flowers will be changed out three times annually to bring some variety to the color palette each season and plans are in place for continual funding for future maintenance.

Mougey said he’s been pleased with the collaborative efforts between various organizations that brought an eyecatching improvement to the bustling street.

“My thought was here’s how the local law firms can give back to downtown because so many people have contributed and it’s just so much fun at this point to go down there and see how great it looks,” he said. “It’s a great partnership between private enterprise and the Bar and the City and the Downtown Improvement Board.”

June 2015 www.esrba.com The Summation 11

THE DIFFERENCE BETWEEN A GRAND JURY AND A CORONER’S INQUEST

By JUDGE JOHN F. SIMON As a former Assistant State Attorney and current member of the Judiciary, I have had the opportunity to advise and/or preside over both a Grand Jury and a Coroner’s Inquest. Although these investigative bodies ultimately determine whether there is probable cause to believe a crime has been committed by the person so accused, the rules by which each is governed are strikingly different. Hopefully this article will provide a better understanding of their function in our legal system.

The grand jury system originated over 700 years ago for the purpose of providing “a fair method for instituting criminal proceedings against persons believed to have committed crimes.”

Costello v. United States, 350 U.S. 359 (1956). This system was brought to the United States by the early colonists and incorporated in the Constitution by the Founders. Id. Florida has codified rules governing this grand jury system in Chapter 905, Florida Statutes.

In essence, a grand jury is an investigating, reporting and accusing agency impaneled by the Circuit Court. Grand juries typically serve a term of six months and consist of no fewer than 15, but no more than 21 persons. Officers of the grand jury include a foreperson and vice foreperson appointed by the Court as well as a clerk appointed by the foreperson to keep minutes of the proceedings. Once impaneled, the grand jury has broad powers to investigate criminal matters within the county in which it serves.

This necessarily includes the consideration of capital crimes (i.e., First Degree Murder) pursuant to the Florida Constitution which mandates that no person shall be brought to trial for a capital crime except upon presentment and indictment by a grand jury.

Additionally, a grand jury has the power to make inquiries into civil administration regardless of whether criminal or irregular conduct is charged. This includes the investigation of public offices to determine if they are being conducted according to law and good morals as well as other matters specifically enumerated by statute. Florida Grand Jury Handbook, 2014.

Typically, the State Attorney presents matters to the grand jury for consideration and acts as its legal advisor. Once a matter is presented, it is the duty of the State Attorney (or his/her designated assistant) to issue process to secure the attendance of witnesses, examine witnesses under oath and provide legal advice.

However, these proceedings are clothed in “secrecy” as mandated

by Florida Statute. Thus, no person may disclose the testimony received (except by court order), the nature and substance of the deliberations or the vote of the grand jury. Although it has been criticized in recent years, the secrecy of the grand jury serves to (1) protect the grand jurors; (2) promote the total freedom of disclosure by witnesses who may otherwise be reluctant to testify; (3) prevent the escape of a person indicted; (4) prevent the subornation of perjury or tampering with witnesses; and (5) shield the reputation of a person against whom no indictment is filed.

Grand Jury Fall Term, A.D. 1991 v. City of St. Petersburg, Florida,

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624 So.2d 291 (Fla. 1993).

Once its investigation is concluded, the grand jurors begin deliberations in private to determine whether there is probable cause to believe a crime has been committed by the person accused. If at least 12 jurors agree to a finding of probable cause, the grand jury will issue a “true bill” identifying the accused and the crime(s) charged. If no probable cause is found, the grand jury will issue a “no true bill.” Alternatively, the grand jury may elect to return a “presentment” in which it can summarize the findings of its investigation and offer recommendations.

Unlike the broad powers of the grand jury system, a coroner’s inquest focuses solely upon the manner and cause of a person’s death. Its primary focus is to determine whether such death occurred as the result of a criminal act, criminal negligence or foul play of another person. In essence, an inquest is a formal, nonadversarial, nonjury proceeding in which evidence is presented to a County Court Judge who sits as a coroner over the proceeding.

Florida has codified rules governing a coroner’s inquest in Chapter 936, Florida Statutes. More specifically, the State Attorney may petition the County Court in the county where the body was found to hold an inquest into any death for which an examination, investigation or autopsy is required to be performed by the medical examiner when there is a question of the involvement of a criminal act, criminal negligence, or foul play in the death. Upon receipt of the petition, the County Judge is required to schedule a time and place for the inquest and issue process for witnesses to appear and be examined concerning the death.

Unlike the “secrecy” of a grand jury investigation, a coroner’s inquest is open to the public. Therefore, inquests are generally conducted in a courtroom where the State Attorney (or his/her designated assistant) examines witnesses under oath and presents evidence for consideration by the County Judge. Additionally, the Judge may ask questions of the witnesses on issues deemed relevant to the proceedings. No other party or attorney may examine witnesses or present evidence unless specifically authorized by the Judge.

After the evidence has been presented, it is typical for the Judge to take the matter under advisement and issue a written verdict at a later date. This verdict ultimately determines whether there is probable cause to believe that the death of a person was the result of a criminal act, criminal negligence or foul play. If probable cause is found, the verdict must state the name of the person or persons believed to be responsible for the death, if known.

While the approach and procedures of the grand jury system and the coroner’s inquest differ, each investigative body ensures probable cause is determined in a fair and unbiased fashion. Both are integral parts of the justice system and play a unique role in achieving its mission; to protect rights and liberties, uphold and interpret the law, and provide for a peaceful resolution of disputes.

A FEDERAL RE-ENTRY PROGRAM (R.E.A.P.) GRADUATE’S STORY

By MARION HORNE have been off. My first probation officer’s goal was to see me My name is Marion Horne Wiggins and I am a native of off (probation) early. My mentor is Patricia Wright. She is Pensacola, Fla., reared in a local neighborhood known as Wedgewood, born to Michael Horne Jr. and Evelyn Riley. While awesome! She has been the highlight of my involvement in the program. She has become a lifetime friend. still in the adolescent stages I experienced the death of my I am currently employed at Simplified Financial Services, father. My mother went on to raise us. She did a good job and a local tax office. This makes my second year here at SFS. I supported her family. I am the youngest of nine siblings. I call started out as the myself the baby! I have secretary then was five brothers and three promoted to the office sisters, three brothers manager. I currently who are now deceased. serve in the capacity of Nimrod, Ronald, Jerry, district sales manager.

Brenda, and Kimberly I have worked at three are my living siblings. I jobs since my release. am married to Tony Earl My first job was at Wiggins. We have been Checkers burger and married for one year then the Pensacola and seven months but Bay Center. I feel the we share a history of 30 treatment is different years or more. when you are refused I am a grateful for employment and mother of three you are qualified for children. My oldest is the position, due to Candi Horne. She is your history (record).

27. Tanesha Brooks Marion Horne with Patricia Wright Yes, I have received is 25. My youngest is a second chance by God and, due to my mind set and choices, I Jarvis Horne. He was murdered at McDonald’s while I was in incarceration in 2008. He would have been 24 years old and he am given a second chance from others in society. I look to have loved me to say, “He will always be my baby!” I am a very proud a ministry, business, and my own home within five years of grandmother of four gorgeous grandchildren; Jarvion, Keyanna, being released from prison.

I enjoy going to the beach and listening to the wind and Trequan, and the newest addition Zykeryis. My grands are my waves. I love singing worship to God. I love music. I love pride and joy and I consider them to be my second chance. spending time with my grandkids and watching them learn and I got involved in drug dealing at a young age. Motivated to grow. have a good life, the choices to bring it about caused me to lose I am determined to succeed and help others that have it all, even the rearing of my children. I was sentenced to prison had my experience come to the place in life that I have now for 324 months (27 years). I ended up serving close to 19 years reached. I made some bad choices in my early years, but of that sentence. Upon my release, I was determined to stay rooted and focused to live out the transformed life in Christ that through acceptance and a painful healing journey, I came to the light of a second chance, a new beginning! I thank God every I had begun while I was incarcerated. day for the newness of life. I thank my husband Tony and my When selected for the re-entry program, I gladly accepted. wonderful mother Evelyn for her love and support that has I have benefited from the program and received a sense of been shown endlessly. I thank my family, my church, and the mental freedom. What I mean by that is I wasn’t fearful when re-entry group - especially Judge Casey Rodgers for her desire it came to dealing with certain issues in society. I had a strong and willingness to take an interest in a person like me in the confidence that was coupled with my determination. Being system. She saw the potential and hope, that given a chance and transparent was a challenge, but with time it became easier. an opportunity, one could, and many do, change for the better.

What I don’t like about the program is that some people Again I give thanks for all who God used to help get me to this are being terminated off probation and some are not, but we point in my life. Truly my best is yet to come! all graduate together. If I hadn’t taken the program, I would June 2015 www.esrba.com The Summation 13

T.E.A.M. COURT:

JUSTICE & MENTAL HEALTH

By JUDGE DARLENE DICKEY

The Escambia County TEAM (Teaching, Education, Accountability and Motivation) Court Program began on May 2, 2014 for criminal defendants diagnosed with a mental illness and whose illness contributed to the commission of their offenses. Incarceration often exacerbates the difficulties of a person with a severe mental illness as the jails do not have the ability to provide a therapeutic environment. The cost is approximately $46 per day to house an Escambia County inmate. TEAM Court will help to decrease this cost through diverting people away from jail, into intense monitoring and supervision, and into community treatment.

TEAM Court provides individualized, targeted treatment for criminal defendants through intensive supervision and monitoring by County Court Judge Darlene F. Dickey, Program Coordinator David Lewallyn, and County Probation. The mission of TEAM Court is to connect defendants with community based treatment programs and support services so that they may successfully manage their condition while being held accountable for their actions and satisfying the conditions of their sentence. Participants are closely monitored through judicial supervision and case management as they progress through the three phases of the program. Some common goals of TEAM Court include: connecting individuals to the providers in the community and encouraging them to maintain stability through effective use of therapy and/or medication; keeping individuals with mental illnesses stabilized to reduce recidivism and easing the burden on the criminal justice and corrections systems; assisting each participant with other personal needs by connecting them with social services, veteran’s assistance, etc.

TEAM Court is a “team” concept wherein several entities come together to provide support to include: Office of the State Attorney; Office of the Public Defender; private defense attorneys; Regional Conflict Counsel; Escambia County Jail, Community Corrections, County Probation, Pretrial Services; 14 The Summation www.esrba.com June 2015

Lakeview Center; Veteran’s Administration; and the presiding judge. All of these entities have dedicated personnel to attend court, monitor participants, and provide information to the Court. The individuals assigned to work with TEAM Court are not receiving any additional compensation and have taken on these responsibilities because they are committed to addressing the specialized needs of this clientele in order to reduce recidivism and to provide a different approach to sentencing, treatment and supervision.

The Escambia County Board of County Commissioners provides funding for Program Coordinator David Lewallyn’s position, and he coordinates all services; meets with participants; assists the Court in formulating an appropriate personal case plan; and acts as a liaison between the participant, the Court, the attorneys, and the treatment providers. Escambia County Corrections has a Court Liaison who looks for possible candidates for TEAM Court in the jail, makes referrals, and communicates any concerns about inmates’ mental health (and physical health) to the attorneys and/or judges assigned to the cases. County Probation assigned two probation officers to supervise TEAM Court clientele; and Pretrial Services has designated personnel to monitor and work with defendants with mental illnesses. State Attorney Eddins and Public Defender Miller have each assigned a specific attorney to TEAM Court. In addition, Lakeview Center designated two of their personnel to work directly with TEAM Court staff; attend Court sessions; and help to coordinate evaluations, treatment, counseling, and other specific needs.

This program would not be possible without the support and dedication of this group of stakeholders which I refer to as the “staffing group.” Once a person is sentenced to TEAM Court, this staffing group meets before the Court session begins to discuss each person’s progress, goals and needs.

This multi-disciplinary approach allows for a free exchange of information so that informed decisions can be made regarding

both incentives and sanctions. Clients who are doing well may receive incentives such as: judicial recognition; certificates or tokens of progress; reduced frequency of appointments, urinalysis, or hearings; phase advancement; and applause.

If there are violations of the TEAM Court treatment plan or sentence, the client will receive a sanction in the form of: verbal warnings or reprimands; demotion to a prior phase; essays or other writing assignments; community service work; increased frequency of check-in appointments, urinalysis, therapeutic appointments or court appearances; other suitable measures; and/or jail; and ultimately removal from the program.

The first year was filled with successes and failures; good times and bad; laughter and tears. Each participant comes into the program with different needs, and it has been challenging to determine the precise needs of each one. A person’s most basic needs must be met before their mental health can improve. Mr. Lewallyn has done a remarkable job learning about the resources available throughout our community for homeless persons, for people needing food, and for families needing assistance. TEAM Court has referred participants to 90 Works, Pathways for Change, the Veteran’s Administration, Second Chance Ministries, and CareerSource Escarosa.

I am encouraged and excited about the future of TEAM Court after seeing the first year’s accomplishments which were made without any funding source other than the program coordinator’s position, which is essential to the Court’s functioning. While this year’s legislative session did not pass a mental health bill, both the House and Senate advanced versions of a bill suggesting significant changes to the courts’ abilities to fund treatment-based mental health courts. There’s always next year! Escambia’s TEAM Court has functioned using donations from court staff, private attorneys, and a lot of words of encouragement. Many more services would be available if a funding source were available.

TEAM Court is anticipating the first successful graduation in August. There are currently 12 participants in the Court with two more waiting to be accepted. During the first year, it seems as if we lost as many as we kept; but I think that is the nature of this population. Many of the defendants have been involved in the criminal justice system their entire lives, and they have built a distrust of the system. Some of the things I have been told when people start the program include “I don’t trust you;” “Go ahead and put me in jail: that’s what’s going to happen anyway;” “I can’t do this;” “I don’t like you;” “I don’t want to be here.” The individuals who have said these things are learning to trust, are building their self-esteem, and are seeing that they can do it!

Please call if you have questions about TEAM Court. We welcome any suggestions, and we hope to gain support from the legal community and the community at large for this alternate means of sentencing for non-violent offenders with mental illness.

Background of Mental Health Court

Escambia County’s Mental Health Court is modeled after a program that was in place in Okaloosa County. Okaloosa County Mental Health Court was established in 2003. It is a specialized court docket for defendants with mental disabilities that substitutes traditional court processing with a problem-solving model. Participants are identified through specialized screening and assessments and voluntarily participate in a judicially supervised treatment plan developed jointly by a team of court staff and mental health professionals. Incentives reward adherence to the treatment plan and other court conditions, non-adherence may be sanctioned, and success or graduation is defined according to specific criteria.

Referral Process Referrals can be made to the Mental Health Court Case Manager by judges, private attorneys, public defenders, state attorneys, or pretrial officers.

Duration Mental Health Court is a minimum of one year in length regardless of a misdemeanor or a felony charge. However, this can be extended if a defendant demonstrates noncompliance or incurs new charges while in the program.

Okaloosa County Courthouse Annex Extension 1940 Lewis Turner Boulevard Fort Walton Beach, Florida 32547 (850) 609-4700

June 2015 www.esrba.com The Summation 15

HISTORY & SIGNIFICANCE OF THE PENSACOLA LIGHTHOUSE

By GERALD MCGILL

The Pensacola Lighthouse was built from 1856 through 1858 on what is now Naval Air Station, Pensacola. It was first lit using whale oil lamps on Jan. 1, 1859. The light could be seen for 22 miles out in the Gulf of Mexico. With its current electrical lights it can be seen from 27 miles out. The tower itself is 171 feet high and the light is 191 feet above sea level.

The walls of the tower are 10 feet thick at the base and 3 feet thick at the top. To reach the top from ground level there is a spiral staircase of 177 wrought iron steps. It is the tallest lighthouse on the entire Gulf Coast. It is still an active aid to navigation maintained by the U.S. Coast Guard.

The Coast Guard opened the tower for tours in the early 1980s. The tours were run by volunteers from the Coast Guard Auxiliary each Sunday during the months of May through October. Thousands visited the site each year. In 2006 there were over 9,000 visitors.

In May 2007 the Coast Guard made a decision to close the tower to climbers. Coast Guard Captain Edwin Stanton, Deputy Sector Commander of Sector Mobile, which includes Pensacola, said that the tours represented a huge liability risk for the Coast Guard. Captain Stanton said, “Ideally, the Coast Guard would hand responsibility for the tours over to a bona fide lighthouse association, but until then, we will continue to maintain the tower solely as an active navigational aid.”

Fortunately, local resident Dianne Levi had founded the Pensacola Lighthouse Association in January 2006 as a part of the Florida Lighthouse Association. Dianne and then Pensacola Lighthouse Association President Richard Callaway jumped on the opportunity. Because I am a graduate of the United

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States Coast Guard Academy I have long been interested in lighthouses and had met Dianne on a visit to the lighthouse.

She asked me if I would be willing to get involved, particularly in working with the Coast Guard. She, Richard and other Lighthouse Board members had already done some feasibility studies and found that the necessary liability insurance was available and affordable.

I met with Captain Stanton and some of his staff in Mobile in December 2007. The meeting went well and a larger meeting was scheduled in March 2008 in Pensacola. At that meeting were among others, Captain Stanton and Brian Day, the Officer In Charge of the Aids to Navigation Team, Pensacola representing the Coast Guard, Dianne, Richard and me for the Pensacola Lighthouse Association, and Jerry Eubanks, Superintendent for the National Park Service, who also was interested in operating the lighthouse. A draft License between the U.S. Coast Guard and the Pensacola Lighthouse Association was reviewed. The purpose of the License was to allow the Pensacola Lighthouse Association to “...reopen the lighthouse and provide guided historical tours at the Pensacola Lighthouse, conduct special tours in commemoration of the lighthouse’s 150th anniversary (in 2009), and to charge an admission fee of $5 per visitor.”

The official reopening was on June 12, 2008. Honored guests included Florida Governor Charlie Crist, Rear Admiral Joel Whitehead, USCG Eighth District Commander from New Orleans, and Captain Stanton USCG Sector Commander from Mobile.

The success of the Lighthouse has exceeded the most optimistic projections. The Lighthouse is now open daily, and operates with no federal, state or local tax dollars. All restorations and maintenance of the facility are financed by earned income and generous public donations. Admission for adults is $6 and $4 for seniors 65+, children 6-12 and all active duty and retired military. In addition to normal daily tours, the Lighthouse also has reserved tours to watch the Blue Angels practice from the top. They also have Light of the Moon, Ghost Hunt and a “couples” tour called Toast at the Top Sunset Tour.

In an effort to raise additional funds to restore the staircase, the Lighthouse has just started the “Adopt a Stair” program. More information on the Lighthouse or how to adopt a stair may be found on their website, www.pensacolalighthouse.org.

FIRST JUDICIAL CIRCUIT WALL OF HONOR The Escambia/Santa Rosa Bar Foundation, Inc. has created and established a memorial wall for the purpose of honoring and commemorating deceased attorneys and judges of the First Judicial Circuit. The “Wall of Honor” is located on the first floor of the M.C. Blanchard Judicial Building, Pensacola, Florida.

Eligible individuals are limited to deceased attorneys and judges of the State of Florida’s First Judicial Circuit who are in good standing with The Florida Bar at the time of resignation from The Florida Bar, at the time of death, and at the time of placement and installation of their name on the “Wall of Honor.” Currently there are 15 individuals memorialized.

Listed by date of death, they are:

Joe Jackson Harrell (August 14, 1919 – July 22, 1987) M.C. Blanchard (April 17, 1923 – January 2, 1989) Lefferts L. Mabie, Jr. (May 5, 1925 – March 20, 1996) D.L. Middlebrooks (June 27, 1926 – March 26, 1997) E. Dixie Beggs (April 3, 1908 – February 20, 2001) David H. Levin (November 19, 1928 – January 7, 2002) J. Lofton Westmoreland

(April 13, 1946 – September 30, 2004) William S. Meador (April 24, 1974 – January 24, 2005) Stanley B. Levin (November 18, 1938 – April 10, 2009) Paul L. Cummings (March 21, 1930 – December 9, 2010) Alphonse G. Condon, Jr.

(September 24, 1934 – June 2, 2011) Alan C. Sheppard (August 5, 1921 – February 9, 2014)

William A. Blount (October 25, 1851 – June 15, 1921) J. Nixon Daniel, Jr. (March 22, 1927 – May 7, 1975) Bert Lane (March 29, 1917 – October 7, 1981)

If you, your firm, friends or family would like to pay tribute to a departed member of the Bar by including them on the Wall of Honor, please call Mike Doubek at 434-8135.

June 2015 www.esrba.com The Summation 17

COURT ORDERED NONBINDING ARBITRATION: AN ALTERNATIVE TO MEDIATION

By GERALD MCGILL Very few lawyers and probably even fewer judges today would argue that mediation is not effective in resolving legal disputes. However, some cases are more difficult to mediate than others. This is particularly true where liability is strongly contested or the outcome of the case turns on the credibility of the parties or witnesses. Other difficult cases are where there is a legitimate dispute over the admissibility of certain evidence.

These cases frequently end in an impasse because mediators cannot decide facts or credibility and they cannot make rulings of law. Fortunately, for these cases, there is an alternative already contained within the Florida statutes – Court-Ordered Nonbinding Arbitration.

Florida Statutes Chapter 44 is titled “MEDIATION ALTERNATIVES TO JUDICIAL ACTION.” Although F.S. Chapter 44 deals primarily with mediation, the title is somewhat misleading in that F.S. 44.103 deals with courtordered, nonbinding arbitration.

Florida Statutes Chapter 44 MEDIATION ALTERNATIVES TO JUDICIAL ACTION

44.1011 Definitions – As used in this chapter

(1) “Arbitration” means a process whereby a neutral third person or panel, called an arbitrator or arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding as provided in this chapter.

(2) “Mediation” means a process whereby a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. The role of the mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, and exploring settlement alternatives.

F.S. 44.103(2) provides that: “A court, pursuant to rules adopted by the Supreme Court, may refer any contested civil action filed in a circuit or county court to nonbinding arbitration.” In the order referring the case to arbitration, the court can name either a single arbitrator or a panel of three arbitrators. Generally, the order provides that in the event the parties wish to choose another arbitrator(s), they should notify the court of that fact within 15 days from the date of the order.

The statute provides that the hearing shall be conducted informally. Presentation of testimony and evidence shall be kept

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to a minimum, and matters shall be presented to the arbitrator(s) primarily through the statements and arguments of counsel.

However, an arbitrator, or in the case of a panel, the chief arbitrator, shall have power to administer oaths or affirmations and to conduct proceedings as the rules of court shall provide.

Strict adherence to the evidence code is not required. Further, any party to the arbitration may petition the court in the underlying action for good cause shown to authorize the arbitrator to issue subpoenas for the attendance of witnesses and the production of books, records, documents, and other evidence at the arbitration. Despite this authorization, the clear intent of the court-ordered nonbinding arbitration is to conduct the hearing in an informal, expeditious manner.

The statutes and the rules set out time limitations for when the arbitration hearing is to be held, and when the decision of the arbitrator(s) is to be made. Unless otherwise ordered by the court, the first arbitration session shall be held within 60 days of the order of referral to arbitration.

The arbitration hearing is to be completed within 30 days of the first hearing but if this is not possible the time can be extended by order of the court for an additional 30 days.

No extension exceeding 60 days from the date of the first arbitration hearing is permitted. The arbitrator(s) cannot unilaterally extend the initial 30 days but must either petition the court for an extension or any party may petition the court for an extension.

The rules further provide that within 10 days of the final adjournment of the arbitration, the arbitrator shall notify the parties in writing of the decision and award.

At the same time that the arbitrator notifies the parties of the decision and award, if any, the arbitrator shall file a sealed copy of the arbitrator’s decision and award with the Clerk of the Court.

Within 20 days of service of the arbitrator’s decision, any party may file a motion for a trial de novo. If no motion for trial is filed by any party within 20 days of the service, then the decision of the arbitrator is final. The court can then open the sealed decision and issue such orders and judgment necessary to finalize the action.

However, if either party requests a trial de novo, then the decision of the arbitrator remains sealed and the trial court will not know the contents of that decision.

Consequences of requesting a trial de novo The only time that a trial court would become aware of the arbitrator’s decision in the event of a trial de novo would be if there was a verdict rendered following a trial. Once the verdict is rendered, the court would then unseal the arbitrator’s decision and compare that to the verdict actually received to determine whether or not it would be appropriate for the court to asses items of cost and attorney’s fees set out in Section 44.103(6) F.S. Court costs against the party requesting a trial de novo may include arbitration costs, court costs, reasonable attorney’s fees and other reasonable costs such as investigation expenses and expenses for expert or other testimony which were incurred after the arbitration hearing and continuing through the trial of the case in accordance with the guidelines for taxation of costs as adopted by the Supreme Court. These costs shall be assessed if:

(a) the plaintiff having filed for a trial de novo obtains a judgment at trial which is at least 25 percent less than the arbitration award.

(b) the defendant having filed for a trial de novo has a judgment awarded against the defendant which is at least 25 percent more than the arbitration award.

It should be noted that the judgment at trial does not have to be more favorable than the arbitration award. In both cases, to avoid the awarding of costs, it is only necessary that the plaintiff obtain a judgment within 25 percent of the arbitration award or the judgment entered against the defendant is within 25 percent of the arbitration award.

Further, in difficult or close cases, the court would still have discretion as to the taxation of costs.

Arbitration Costs Vs. Mediation Costs

The statute provides that no arbitrator may charge more than $1,500 per day unless the parties agree otherwise. Assuming that we are dealing with a six-hour day, this would be a charge of $250 per hour, which is very much in line with mediation fees around the state. Presumably, although not stated in the statute, a half-day or three-hour arbitration should cost $750.

Since the presentation of testimony and evidence is to be presented to the arbitrator(s) primarily through the statements and arguments of counsel, many arbitration hearings could be completed within a three-hour period of time. It would seem to be the rare and complicated case that would exceed a one-day hearing.

In addition, in those highly contested cases, it could be money well spent to get the opinion of an experienced litigator or a panel of three litigators serving as arbitrators as to the liability and potential damages in the case.

Finally, many mediations get reset several times before the mediation actually takes place. In the court-ordered nonbinding arbitration, there are specific time limits which must be met which should help to expedite the resolution of the arbitration, if not the case itself.

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Judge’s Preferences

EDWARD P. NICKINSON, III Each month we will publish detailed information on one of our First Judicial Circuit and County Judges. This edition, we are featuring Judge Edward P. Nickinson, III. You can also find this information and preferences for all First Circuit Judges at www.firstjudicialcircuit.org.

Type: Escambia County Division: A Jurisdiction: Circuit Criminal, Circuit Civil, Probate and Guardianship Judicial Assistant: Laurie Jenkins Phone: 850-595-4439 Fax: 850-595-4437 (Faxes limited to 15 pages)

DIVISION PREFERENCES To confirm entry of an order, always check with the Clerk’s office before contacting the Court. The clerk’s website is www. escambiaclerk.com. Failing that, call the Clerk’s office directly; failing that, contact the judge’s office. The judge’s assistant does not keep a log of pleadings received or signed.

Submitting Pleadings Please submit a copy of any notices of hearing, motions and proposed orders to the judge’s office via e-mail or in hard copy form.

When submitting an order for entry, always provide sufficient copies and self-addressed stamped envelopes for use in distributing copies.

Neither the Court nor the Clerk will provide copies, postage or envelopes for you.

Proposed orders should be forwarded to the judge’s office with a cover letter indicating opposing counsel/party has no objection. If no such cover letter is included, the proposed order will be held for a period of at least five (5) working days to allow opposing counsel time to respond.

Requests for “emergency” hearings will be reviewed by the judge to determine the merits of the “emergency” claim. A copy of the proposed motion must be provided to the judge’s office for review.

Pro Se Pleadings/Correspondence Any pro se pleadings or correspondence sent to the judge must be provided to all parties involved in the case. Please list the case number and parties’ names in the pleading; failure to do so will delay consideration of the pleading.

If a defendant is represented by counsel, all pleadings must be filed by that counsel.

No defendant or relative, friend, etc. is permitted to have a private telephone conference with the judge reference any case, whether open or closed.

The judge’s assistant may not give out the names of local attorneys as referrals to handle any case. The Lawyer Referral Service for Escambia County may be reached at (850) 434-6009.

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Setting Hearings Always consult the Judge’s office (either by e-mail or telephone) if you wish to add a case to a docket. Do not ask the Clerk’s office to add a case that has not been cleared by this office.

If possible, have all parties on the line when you call; if not, you will be provided with dates/times for your coordination with opposing parties. If we miss your call, please leave a voice mail message to include the case number, the style of the case, the subject of the hearing, how much time is needed to address the issue, and a toll-free phone number so we may call you back. Long distance calls will not be returned. Once a hearing has been set, no additional motions may be “piggy-backed” unless additional time is available on the judge’s and opposing counsel’s calendars.

A copy of the notice of hearing must be sent to the Court by e-mail or U.S. mail. The notice of hearing must clearly state the date, time and subject matter of the hearing. If counsel are located outside the Central Time zone, please indicate both times on the notice of hearing.

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 addition 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.

Cancelling Hearings A hearing may be cancelled only by the party setting it or by the judge.

Please file a notice of cancellation and provide a copy to the judge’s office via e-mail.

When a case is settled, please immediately notify the Judge’s office by phone, email or fax so we can remove the case from the hearing/ trial docket. The clerk’s office does not notify the Court when matters are settled or notices of cancellation are filed.

Telephonic Appearance at Hearings When setting a telephonic hearing in a civil case, the call-in phone number for the hearing is our main office number listed above. Calls must be placed at the exact time of the hearing - not early.

Local counsel are required to appear in person for hearings. The Court will consider allowing telephonic appearance by local counsel

on an as-needed basis.

It is the responsibility of the attorney setting the hearing to arrange for the telephonic appearance of out-of-town counsel by arranging a conference call. We cannot conference multiple calls to our office.

Motions for Withdrawal/Substitution of Counsel A signed, stipulated motion for withdrawal or substitution of counsel must accompany the proposed order. Absent a signed stipulation, a hearing is required.

CIVIL CASES When filing a notice for trial, please send a copy to the Court via e-mail.

Once the notice for trial is filed, counsel may request a Case Management Conference be scheduled to determine readiness for trial and to agree on a trial date. Any objections to the notice for trial will be heard at the Case Management Conference.

All parties must have their calendars at the Case Management Conference so that the trial date may be coordinated.

Once the trial date has been set, the Court will enter an Order of Civil Mediation Referral and an Order for Pre-Trial Conference and Setting Trial.

Mediation must be attempted before trial will commence.

Counsel are encouraged to attempt mediation without waiting for a Court order. After mediation has occurred, please have a copy of the mediation results sent to the Court.

Requests for Continuance Requests for continuance will not be considered if received less than seven days prior to docket day. Late motions for continuance will be dealt with at Docket Day. Motions to Suppress, Motions to Dismiss, Early Pleas, etc.

These motions, once coordinated between counsel and this office, will be set on a criminal motion day. Please forward a copy of the motion and proposed order to this office, along with a copy of the notice of hearing.

VOP Hearings These hearings are held one day each month.

No other types of hearings will be held during the time reserved for VOP hearings unless set by the judge.

PROBATE AND GUARDIANSHIP CASES Direct all original correspondence and pleadings directly to the Probate Clerk for review. The Clerk will review the pleadings and deliver them along with the file to the Judge for review. This includes “urgent” matters, though notifying the Court of any urgency in advance will be taken into consideration.

Probate or guardianship orders will not be considered without their having first been reviewed by the Probate Clerk.

CRIMINAL CASES Arraignments If a defendant is represented by counsel, counsel may submit a written plea of not guilty and a notice of waiver of appearance – counsel and defendant will then be excused from appearance at the arraignment hearing. It will be counsel’s responsibility to consult the Clerk of Court’s website to determine the defendant’s next court date.

Bond Hearings Defense counsel and assistant state attorneys must discuss and attempt to agree on a reasonable bond before a bond motion will be set for hearing. If counsel can agree on a reasonable bond, a signed stipulated order should be sent to the Judge for review; this may eliminate the need for a hearing.

Motions for bond will not be considered on a case until any outstanding warrant is served.

Motions for bond will not be considered until after the arraignment is held.

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LAW DAY LUNCHEON KEYNOTE ADDRESS

By JUDGE WILLIAM H. STAFFORD

LAW DAY USA holds a special place for those of us in the Escambia-Santa Rosa area, and from the beginning the bench and bar have been actively involved. In recognition that Law Day is not a day to honor lawyers and judges, the Liberty Bell Award is given to an outstanding non-lawyer.

Keeping up our tradition of saluting one of our area’s citizens for advancing the rule of law in this community, I join you in congratulating this year’s recipient Williemae Stanberry.

Thank you for your contribution to making our community a better place to live and work . . . under the rule of law.

Indeed, it is well for us to recall that Law Day was begun by a non-lawyer President, Dwight Eisenhower. As the leader of the Allied Forces in Europe in World War II, it was General Eisenhower who saw what happens to a nation, a continent, a world, when the rule of law breaks down. It was then President Eisenhower who had to deal with a new threat, Soviet communism, as the Cold War began to heat up. Because those in the Kremlin chose to brandish their weapons of war in massive parades and other provocative displays on their May Day, President Eisenhower deliberately selected May 1 for America to celebrate LAW DAY USA, to contrast the liberties we enjoy as a free people under the rule of law against the repressive rule of the Soviets over their subjugated peoples. Every President, every Congress, since has continued the observance. It is well for us to also remember that it was President Eisenhower who had the words “Under God” inserted in the Pledge of Allegiance.

We are now in the 15th year of the 21st Century. In just a few weeks the world will mark the 800th anniversary of The Magna Carta, and that is the focus and theme for Law Day USA 2015. What does the document that English noblemen forced the king to agree to on that June 15, 1215 say to us in the America of 2015? The answer, I suggest, is the same as it was 800 years ago: that freedom and liberty are given to us by God as a birthright, and are not indulgences or concessions given - or withheld - at the whim of a ruler or a government. Certainly the worlds of 1215 and 2015 ARE different, but the longing in the hearts of men and women to chart their own lives and destinies as free people has not changed, merely taken a different form. So, let’s look from whence we came.

King John had just suffered a disastrous and expensive defeat in France. Like his predecessors, John ruled by force and will, taxing the barons for his military misadventures.

While there may have been some understanding during previous reigns that the monarch was to take counsel with his barons, no procedure existed as to what would happen if the king refused to do that. No trust existed between the barons and King John, and some of these

noblemen even began to rebel.

While they may have been a disorganized lot, the barons shared a common hatred for the king. Strapped for cash, and facing the rebellious barons who had now occupied London, John agreed to meet with them outside of London.

The Archbishop of Canterbury had been working with the barons; he was the intermediary and drafted the framework for the document that the king and barons agreed to at Runnymede in that quiet meadow near old Windsor Castle, not far from today’s noisy jet traffic at Heathrow Airport.

The King’s seal of beeswax and resin was affixed to the 13 copies, written in abbreviated Latin by a quill pen on vellum made from sheep skin; there are no signatures, and the barons present did not even affix their seals. These 13 originals (how prophetic is that?) were sent to county sheriffs and bishops throughout the realm, and remarkably, four still exist. The copy most cherished by Americans is the Lincoln Cathedral copy, which was on loan to us when the 1939 World’s Fair was held in New York.

When World War II began in Europe on September 1, 1939, the Lincoln Cathedral copy, along with the originals of the Declaration of Independence and our Constitution were taken to Fort Knox for safe keeping. The charter was not originally paragraphed or numbered; that was done by jurist Sir William Blackstone in 1759. It was not called The Magna Carta for several years, and even the “Magna” or “great” comes not from its early recognition of importance, but from its length.

And it was lengthy. Under Blackstone’s arrangement, there are 63 articles or chapters; Chapter One guarantees freedom to the Church of England - can you say First Amendment?

- the remainder dealt mostly with property matters forests, fishing rights and restrictions on the king to tax the noblemen. In its original form the 1215 Charter did not last long: neither side trusted each other; the barons were not unified; the king did not keep his word; Pope Innocent disavowed the treaty, excommunicated the rebel barons, and suspended the Archbishop; within three months, civil war broke out, then King John died in October 1216, succeeded by his nine year old son. What, you may now be asking, is there to celebrate in all that mayhem? Well, it was a start and a memorable one at that. Let’s continue.

The English barons, in seeking to protect their rights, extracted certain concessions from their unpopular and militarily unsuccessful monarch. Among those was in Chapter 39. Hearken to language from 800 years ago: “No free man shall be taken or imprisoned, or dispossessed or outlawed or exiled or in any way ruined, nor will we go or send against him except by lawful judgment of his peers or by the law of the land.”

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Historians may not agree on the direct link to all that flowed in British and then American law from this shortlived agreement in 1215, but none can doubt that it has, both by myth and by fact, been the inspiration for what we Americans value as the bedrock principle of our republic.

It was, in writing, the first acknowledgment by a sovereign that the people are the repository of power, and that the law trumps the will of the temporary occupant of the seat of power.

After 1215 and then King John’s death there were many succeeding versions of Magna Carta. Over the centuries that followed there was a gradual acceptance that Magna Carta enshrined perhaps more rights than anyone in 1215 intended or could have imagined. A “free man” in 1215 was assuredly a man of property, probably white, and the phrase certainly did not include a woman. But as the law evolved in England, scholars, judges and the political class came more and more to rely on Magna Carta as the rationale for the ongoing expansion of individual rights, AND the circumscribing of the power of the sovereign. In his Institutes, published in 1642, Sir Edward Coke called the Magna Carta the “root” from which sprang the main branches of English law concerning individual liberties. John Locke’s writings and Magna Carta’s ideas were embodied in the English Bill of Rights of 1689. These evolving concepts of rights existing among Englishmen, using Magna Carta as their basis, in turn, were carried to the English colonies in North America and were well known to those who settled here. In fact, many of the charters granting rights to colonial Englishmen in North America contain some of the fundamentals attributed to Magna Carta.

Whether inspired by religious zeal, driven by economic considerations, or fleeing political repression, those brave souls who came ashore at Provincetown, MA and at Jamestown, VA were searching for the freedom to chart their own course, to live a life they chose. Their individual and collective struggles are well known, their bravery in the face of physical, financial, and political privation are the stuff that make our national day of Thanksgiving the special holiday that it is. Yet, through the 1600s and the early 1700s persevere they did, at the same time increasingly aware that their rights as Englishmen in North America were less than their kinfolk back home in the British Isles, that their sovereign was oppressing them, that Parliament had a deaf ear - maybe the Magna Carta’s blessings really did not make the trip across the Atlantic.

The Mayflower Compact and similar agreements of governance in other colonies had demonstrated to these colonials that they were capable of governing themselves, sometimes better without British officials in their lives. While their quest for freedom was strong, they nevertheless sought to exercise their rights while still remaining loyal British subjects . . . if only the King and Parliament would listen. As late as 1774, Thomas Jefferson wrote to King George III, “A Summary View of the Rights of British America,” imploring His Majesty to be reasonable, to listen to his loyal subjects here. Jefferson’s writing contains these words: “The God who gave us life gave us liberty at the same time.”

Here Jefferson expresses the belief held by his fellow colonists that freedom is not bestowed by government to

its citizens, but is given to those citizens as a birthright.

This belief remained paramount in the aspirations of British Americans as they nevertheless continued to seek an accommodation with their King and Parliament. But, two years later, the same Thomas Jefferson, who certainly had studied Lord Coke’s Institutes on the promises of Magna Carta, penned these familiar, focused words in the Declaration of Independence: We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness – That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed.

We who hold law degrees - and those of you who have pursued a more respectable line of work! - all of us are familiar with those words that Jefferson chose 239 years ago to proclaim to the world the American version of Magna Carta ideals.

Eleven years later, after winning the war for independence, but then realizing that the Articles of Confederation proved unworkable in forging a strong enough national government among the 13 states, a convention in Philadelphia produced a constitution. And what are the first three words in that document? “WE THE PEOPLE” once again reflects that these former English subjects were creating a form of government based upon their concept of the Magna Carta - a grant of authority from the people to that government.

Yet, these new Americans were not finished. While the Constitution may have created a strong enough national government to give meaning to the promise of the Declaration of Independence, would their individual rights be protected from that same NATIONAL government would the guarantees the noblemen wrested from King John at Runnymede still be guaranteed to them 500 years later?

That task fell to James Madison, Jefferson’s surrogate and fellow Virginian, who completed drafting the Bill of Rights during the first Congress, which submitted them to the states in March, 1789.

In his new book, Madison’s Music, Burt Neuborne suggests that the Bill of Rights, particularly the First Amendment, is put together like a fine symphony or a good poem, and that perhaps we do not fully appreciate the symmetry and beauty of Madison’s masterpiece. Professor Neuborne says that Madison speaks to us “in the harmony of the 462 words, 31 ideas, and ten amendments - each in its perfectly chosen place and all interacting to form a coherent whole ... .” Indeed, if we do as Neuborne suggests, we see that the Bill of Rights begins with an assurance of religious freedom, guarantees of free speech, print and assembly, right to bear arms, progresses through the search and seizure, public and speedy jury trial guarantees, spares us from cruel and unusual punishment, then reprises in the Ninth and Tenth Amendments to posit the residue of the rights in the hands of the people and the states, the sources from which it originally came. It is foolhardy to even think that King John, or the noblemen, or the Archbishop, had such detail in mind June 2015 www.esrba.com The Summation 25

in 1215; but the genie was out of the bottle at Runnymede, and we have a writing to let us know 800 years later that there was no turning back on the rights of free people.

Alas, the genie was not finished. Eighty-seven years - or four score and seven if you wish - after the Englishmen in North America had declared their independence, an American President spoke for a few moments in a small town in Pennsylvania to dedicate a national cemetery. He spoke of a “new nation, conceived in liberty and dedicated to the proposition that all men were created equal... .”

He continued: “that new nation, under God, shall have a new birth of freedom” and that the government was “of . . . by . . . for the people.” On January 1 of that same year the same President Lincoln had issued the Emancipation Proclamation; and while we cannot ascribe clairvoyance to those gathered at Runnymede or at Gettysburg, we are left to wonder if perhaps Lincoln’s words and deeds in 1863 might

not have made it easier 145 years later for another lawyer from Illinois to be elected the 44th President of the United States.

After Appomattox, we “reunited states” struggled through Reconstruction, built our railroads, continued our westward expansion - often through Native American lands, built the Panama Canal, granted women the right to vote, fought two World Wars with a Great Depression in between, declared that “separate but equal” was unconstitutional, even sent an American to the moon. We Americans continue today to deal with difficult problems here and abroad, but under the rule of law. That rule of law, rooted in Magna Carta principles, secures our individual liberties while allowing us to create and run our own government, free from both the repression of dictatorship and the lawlessness of anarchy. God surely gave us both life and liberty to do all of this - may we remain ever faithful to that sacred trust.

LIBERTY BELL AWARD WINNER: WILLIEMAE STANBERRY The Liberty Bell Award recognizes community service that has strengthened the American system of freedom under law, and recognizes non-lawyers for outstanding service for:

(1) encouraging greater respect of law and the courts;

(2) stimulating a deeper sense of individual responsibility so that citizens recognize their duties as well as their rights;

(3) contributing to the effective functioning of our institutions of government; and

(4) fostering a better understanding and appreciation of the rule of law

Williemae Stanberry and Margaret Stopp Our recipient of the Liberty Bell Award is Williemae Stanberry, a long-time realtor in Pensacola active in her profession and our community.

She has furthered the cause of justice as evidenced by her work with female inmates in the Escambia County Jail and on their release from Jail.

Although her first visit to the Jail was traumatic when she experienced for the first time the clanging and locking of the doors, she would go on to enlist the help of other women and visit female inmates each week to teach a Christian-based program that encourages

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female inmates and offers them ways to take their lives in a new direction.

She founded A Will & Way in 2002 to better focus her efforts to help female inmates not only when they were jailed, but upon their release. This involved providing shelter for those without a home to return to, and emergency shelter for domestic violence survivors.

She expanded her services to meet new demands, assisting women in securing medical treatment, GEDs and vocational certifications, and obtaining employment and permanent housing.

By 2007 she opened a larger facility where more women could be offered services, along with their children.

Today, through A Will & Way, she offers emergency assistance including food; clothing; and hygiene kits; as well as medical, employment and housing referrals. There are Woman to Woman weekly group sessions and Christian Counseling along with an annual Back to School Bash and a Christmas Outreach for children of clients.

There are programs in the Jail year round, and upon being released, the former inmates get continuing services including food, clothing, transportation, stress forgiveness, accountability and selflessness.

Ms. Stanberry relies on her own resources and time, along with volunteers and private contributions to help women who have been incarcerated change their lives and the lives of their children. The women learn accountability for their actions while being provided the opportunity to obtain the support needed to live better and productive lives in our community.

Ever expanding her desire to impact positively the lives of those in poverty, in 2014 she started a program in Century for the youth in that community, knowing poverty all too often leads to incarceration.

The children are exposed to leadership skills, self-control, and accountability to help them find the inner strength to overcome the many challenges of living in an impoverished community.

In summary, her actions and programs encourage greater respect of the law and the courts, stimulate a deeper sense of individual responsibility so the women recognize their duties as well as their rights, contribute to a more effective functioning of the justice system, and foster a better understanding and appreciation of the rule of law.

LAW WEEK ESSAY CONTEST WINNER: Individual Liberty: Magna Carta’s Most Enduring Gift

By Ty’Drick King Pensacola High School In a perfect world, where people just did the right thing and took care of each other, we would not need governments at all, but we do not live in a perfect world. Throughout history, governments and their people have struggled with the balance of power. When a government interferes in people’s lives too much, the people revolt but revolutions do not bring about stability and safety for the people. People need governments to help do the things that they cannot do alone but they do not like the government interfering in their lives.

The due process clause of the Fifth Amendment gives the people a tool to keep the government from interfering too much while allowing it enough control to do the things the people can’t do for themselves. The Due Process clause was deeply influenced by the Magna Carta.

In 1215, the relationship between King John and his Barons was strained. The King was trying to control every aspect of the Baron’s lives, even down to telling them who their children would marry. The Barons wrote their complaints in the “Articles of Barons” in January of 1215 and when their complaints were ignored, they rebelled. By May of 1215, the Barons had captured London, and as they were preparing for their next attack, King John surprised them by agreeing to meet them at Runnymeade. On June 10, 1215, King John’s seal was affixed to the Magna Carta (he didn’t actually sign it),1 and five days later, the Barons renewed their Oath of Fealty to the King.2 The Magna Carta, which was actually written by the Barons, said, “No free man shall be seized or imprisoned or stripped of these rights or possessions or outlawed or exiled or deprived of his standing in any other way nor will we proceed with fear against him or send others to do so, except by the lawful judgment of equals or by the law of the land”3 While this seems to provide a great deal of protection to the people, the Magna Carta was only intended to protect the rich and powerful - not the common people.

Ironically, 500 years later, when the British began colonizing America, King George ignored the lessons of the past and began interfering in the colonists’ lives. The colonists felt their taxes were too high and they resented the king forcing them to allow British soldiers to stay in their homes. When they complained, he ignored them. So finally, just like what happened in 1215, the Colonists revolted.

When the Constitution of the United States was written, it adopted many ideas from the Magna Carta. One of them

Ty’Drick King was ensuring that the government could not interfere in the people’s lives like King John and King George had done in the past. Our Fifth Amendment due process right guaranteeing that citizens may not be deprived of life, liberty or property without due process of law ensures a balance between our government’s power and our individual liberties. Our rights to have notice and the right to be heard before our property is taken away by the government is one of the most important aspects of our Constitution.

Without due process the United States would not be the same “great country” that has attracted so many people from around the world. Due process is and always will be the most important element given to the people of the United States from the Magna Carta.

1 American Bar Association, Magna Carta, Symbol of Freedom Under the Law 2 Lordsandladies.org/magna-carta.htm 3 Internet History Sourcebooks Projects, Fordham University

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Photos 2015 Judicial Reception

Pam Childers, Susan Woolf, Mike Doubek, Judge Joyce Williams, Adrianna Spain, Lisa York amd Shari Thieman Greene

Alan Bookman and Cecily Welsh

2015 Law Day Luncheon

Donald Spencer, Jayer Williamson and P.C. Wu

Judge William Stafford 28 The Summation www.esrba.com June 2015

James Weber, Lane Lynchard and Judge William Stafford

Judges Roger Vinson and William Stafford

DCA May 2015

New PLSSA Officers

Judge Lori Rowe

Holiday Malone, Vice President;, Desiree McDaniel, Secretary; Regina Silva, Treasurer; Lorrie Wilkinson, President

Judge James Wolf

Law Week Essay Contest Winner Ty’Drick King

James Weber, Ty’Drick King and Lynne Novak

Ty’Drick King with family and school administrators

Free Legal Clinic

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News from the Clerk

COLLECTION OF COURT COSTS AND FINES

By PAM CHILDERS

In 2003, clerks of court were tasked with collecting court costs and fines pursuant to the creation of §28.246, Fla. Stat.

(Ch. 2003-402, Laws of Florida). To further effectuate this legislative mandate, the Escambia County Clerk of Court has established a Collections Division to assist defendants with understanding their options when paying court costs and fines and enhancing compliance with the court’s order.

In March, the Clerk implemented a procedure using folders color coded for each court type. Immediately after sentencing, each defendant is provided a folder to take to the Clerk’s office.

The relevant portions of the sentence are copied into the folder, and the information pertaining to the monetary obligations of the defendant’s sentence are thus communicated via the folder to the records clerks. The records clerk will then explain to each defendant the payment options available to them.

The basic premise of collections is that court costs and fines are due on the day of sentencing unless a different time period is ordered by the court (i.e. probation, payment deadlines). With that in mind, the defendant prepared to pay-in-full on the day of sentencing is directed to the appropriate records division to make payment. All other defendants are directed to our new Collections Division where our staff is prepared to work with the defendants to explain their payment options and find a method of payment that works for the defendant. Options available to a defendant include:

(1) Pay-in-full: Defendant pays in full on the date of sentencing or other date as ordered by the court.

(2) Payment Plan: A payment plan divides a defendant’s court costs and fines into equal monthly payments. The benefits for the defendant using this method is that the defendant receives a structured method of paying the amount owed; the defendant makes a set payment each month and can plan accordingly; and the defendant’s driver’s license is not suspended unless the defendant fails to make the monthly payment amount. Further, if a judge has ordered the court costs and fines be reduced to a lien, entering into a payment plan will stop the accrual of interest on the lien. If a defendant defaults on the payment plan, the defendant’s driver’s license will be suspended and interest will start to accrue on the judgment based on the date of default.

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(3) Stacked Payment Plan: If a defendant has multiple cases, a stacked payment plan may be the best alternative. This plan has all of the benefits of a regular payment plan with the addition that the entire monthly payment is applied to one case until that case is paid in full, and then the payment rolls into the next case in the plan. This allows defendants to have a sense of accomplishment by paying off a case in full instead of dividing the monthly payment across multiple cases. Additionally, once a defendant has entered into a payment plan for each case that has outstanding amounts owed, the Clerk can provide the defendant with a clearance letter to present to DHSMV for reinstatement of his/her driver’s license.

(4) Payment Arrangements: For some defendants, a monthly payment amount may not be the best solution. For those defendants, they can make partial payments which incur a $5 per payment per month service charge. These defendants are encouraged to keep in contact with the Collections Division on a regular basis as they make payments. Interest will continue to accrue on their cases until the balance is paid-in-full.

Our goal is to assist defendants in getting their court costs and fines paid. To accomplish this goal, our Collections Division works with defendants on an individual basis to find the payment solution that works best for them. For this process to be effective, it is imperative that defendants maintain contact with our Collections Division and keep current contact information on file with our office. We believe the procedures currently in place will allow defendants to establish a workable payment arrangement while allowing the Clerk to fulfill its statutory obligation to collect court costs, fines, fees and service charges.

For further information on the Collections Division, please contact Cathy Reynolds, Court Services Manager, at 850-5954137.

Submitted by Cathy Reynolds on behalf of Pam Childers, Escambia County Clerk of Circuit Court & Comptroller

Classifieds Paralegal for family law attorney, must have family experience. Full-time position, Monday through Friday. benefit package, salary commiserate with experience, one attorney office.

Please resume with references to debbie@kathleenandersonlaw.com.

If you would like to place a classified ad in the next edition of The Summation, please call (850) 4331166 ext. 29 or send an email to josh@ballingerpublishing.com.

Calendar July 3 Observance of Independence Day Bar Office Closed July 16 Installation Banquet V. Paul’s Restaurant 29 Palafox Place 6:00 – 8:00 p.m.

August 20 August Bar Meeting Program TBA Portabello Market Noon – 1:00 p.m.

September 3 Personal Injury Hodgepodge Seminar Terry Gross & Charles Schuster Multi-media Room (M.C. Blanchard Judicial Building) 9:00 a.m. – Noon September 7 Labor Day Bar Office Closed September 11 Northwest Florida Paralegal Association Seminar Program TBA Jury Assembly Room (M.C. Blanchard Judicial Building) 9:00 a.m. – 4:00 p.m.

September 17 September Bar Meeting Program TBA Portabello Market Noon – 1:00 p.m.

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