Daily Record Financial News &
Monday, September 21, 2015
Vol. 102, No. 221 • Two Sections
35¢ www.jaxdailyrecord.com
The pros and cons of pro se How self-representation affects the courtroom
By Max Marbut Staff Writer Moments after a person is arrested, they are given legal advice. They have the right to remain silent. They have the right to have an attorney present while being questioned. If they cannot afford to hire an attorney, one will be appointed to represent them. That’s the way it’s been since March 18, 1963, when the U.S. Supreme Court ruled in Gideon v. Wainright the right of an indi-
gent defendant in a criminal trial to have the assistance of counsel is a fundamental right. The decision led to the establishment of the public defender system. But not all defendants exercise their right to counsel. In some cases, an accused person chooses to appear in court representing himself or herself. The legal term is “pro se.” “We discourage that kind of litigation,” said former 4th Judicial Circuit Chief Judge Donald Moran.
Moran served 21 years on the bench and presided over cases, both civil and criminal, in which the defendant rejected assistance from legal counsel. “You want the person to have a fair trial, but it makes it difficult for everybody,” said Moran. People who represent themselves don’t know the proper procedures or even etiquette to follow in court. Each time a selfrepresented defendant appears in court, the judge advises them of their right to have an attorney represent them. And to confirm
the defendant understands they don’t have to be without competent legal counsel. “We tell them over and over,” Moran said. “In a criminal case, their liberty could be on the line.” Prosecutors also would rather not see people represent themselves in court. “We would much rather go up against skilled defense attorneys,” said State Attorney Angela Corey. She also said that judges and prosecutors “bend over backward” to ensure the record is pro-
tected and the defendant’s rights are protected. Public defender Matt Shirk said defendants who have a public defender appointed waive their right to counsel in less than 1 percent of the cases assigned to his office. He said it’s not the best way to appear in court, but the defendant has the right to do so. Nonetheless, “It’s a significant disadvantage,” said Shirk. The main reason a person chooses to decline assistance of Pro Se continued on Page A-10
Council looks to put a bow on budget
Brewmaster comes in for a landing
Anheuser-Busch senior brewmaster Bryan Derr was “up for whatever” Sunday, jumping off a light tower at EverBank Field. The tandem jump was with Jacksonville Jaguars mascot Jaxson de Ville, part of the pregame festivities to an eventual 23-20 Jaguars win over the Miami Dolphins. Derr made the successful leap after a challenge from Jaguars owner Shad Khan during a recent visit to the North Jacksonville brewery.
Photos by Fran Ruchalski
By David Chapman Staff Writer
FIS and SunGard talks covered 19 months
Heyvaert
Public
As two businesses that provide technology for financial companies, Fidelity National Information Services Inc. and SunGard started discussions in January 2014 about how the two companies “could potentially work together commercially.” However, according to a Securities and Exchange Commission filing by Fidelity National Information Services, or FIS, it was another 16 months before the companies began talking about an actual merger. Three months after that, Jack-
legal notices begin on page
B-1
sonville-based FIS finally agreed to buy SunGard in a $9.1 billion deal. The prospectus filed by FIS shows that Pennsylvania-based SunGard began getting inquiries from several potential acquirers in November 2014 as FIS and SunGard were still just considering the
possibility of “working together.” As talks progressed, in May 2015 FIS Executive Vice President Rob Heyvaert “also raised the prospect of the potential benefits of a combination between SunGard and FIS.” Three days later, SunGard’s board of directors met to begin the process of an initial public offering, even as FIS and several other unnamed companies were talking to SunGard about a potential buyout. The buyout negotiations and Basch continued on Page A-7
Published
for
There aren’t many questions heading into tonight’s budget finale. City Council isn’t wrestling with any major decisions on how to fill gaps. Or what else to fund. No, compared to the past several years, it’s been a relatively smooth process to reach the conclusion of the tweaking of the city’s spending plan. Finance Chair Bill Gulliford attributes that to several reasons. The numbers, to start. Revenue increases on both the property tax and sales tax side meant Mayor Lenny Curry and council didn’t have to make substantial cuts. Gulliford also attributes the smoothness to an attentive and informative Curry administration that promptly answered questions Anderson instead of needing time to research. But what really helped the council review? “It started off being balanced,” he said. Council President Greg Anderson called the product being voted on tonight “a very good budget,” one Gulliford that invests for the first time in years. Like adding 40 police officers and community service officers, along with their needed equipment. Or adding $1 million to the library system, a move that means the four regional branches and several other sites will be re-opened Mondays — and others re-opened Saturdays, too. “I think it’s a great statement that shows Jacksonville believes literacy and the library are important,” Anderson said. And there’s still almost $3 million more earmarked to boost the Jacksonville Journey anti-crime initiative — about double Council continued on Page A-11
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