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TFB - Daily News Summary - Aug. 16, 2017

Wednesday, August 16, 2017  

THE FLORIDA BAR

Daily News Summary

An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department and distributed to the Board of Governors, section and committee chairs, voluntary bar presidents, members of the judiciary and others.

 

August 16, 2017

 

Legal Profession

MIAMI LAWYER IS NAMED PRESIDENT OF AMERICAN BAR

Miami Herald | Article | August 15, 2017

On Tuesday [Aug. 15], Miami lawyer Hilarie Bass took the reins of the American Bar Association. She will be steering the nation’s 400,000-member professional association as the group’s 141st president. The position gives Bass an opportunity to continue working on issues she has championed throughout her career, including equal access to the law and diversity within the profession. Bass will be the eighth female president of the ABA, and the second president practicing in Miami. Bass is co-president of Greenberg Traurig, an international multi-practice firm with 38 offices worldwide and approximately 2,000 lawyers.

 

Judiciary

OPIOIDS TO BE HANDLED MORE CAREFULLY IN ORANGE-OSCEOLA COURTROOMS

Orlando Sentinel | Article | August 15, 2017

Orange-Osceola Chief Judge Frederick Lauten introduced new suggestions Monday [Aug. 14] regarding how opioid drugs are handled in courtrooms. The administrative order was filed about three weeks after the Orlando Police Department changed its own protocol for handling drugs after an officer accidentally exposed to a narcotic became ill. Lauten’s order aims to keep jurors, witnesses and court officials from being harmed by dangerous drugs introduced as evidence in court cases. The new order requires prosecutors, defense attorneys, judges and courtroom officials to meet before trials and discuss how they plan to handle drug evidence. Seminole and Brevard counties are considering similar guidelines, a court spokeswoman said, though they have not yet implemented them.

 

Criminal Justice Issues

KIDS’ MINOR CRIMES WON’T STAIN RECORDS UNDER NEW ORANGE COUNTY PROGRAM

Orlando Sentinel | Article | August 15, 2017

Children and teens accused of minor crimes in Orange County can avoid having their cases show up on their records under a new initiative from the State Attorney’s Office juvenile section. Minors accused of misdemeanors are no longer having their cases filed with the clerk of courts before prosecutors decide if they want to seek charges against them. Cases that can’t be proven in court or cases in which the teens complete pretrial diversion programs won’t leave young people with criminal records. “If we can hold them accountable, get them the services they need, and set them on the right track so that they can become productive adults — that’s the goal,” said Teri Mills-Uvalle, chief of the State Attorney’s Office Juvenile Bureau. This change will not apply to cases in which police believe a minor is dangerous enough to arrest and keep in custody.

ALSO READ:

ARAMIS AYALA REFORMS JUVENILE JUSTICE POLICY: NO CHARGE, NO RECORD

Florida Politics | Article | August 15, 2017

SENTENCED TO ADULTHOOD: DIRECT FILE LAWS BYPASS JUVENILE JUSTICE SYSTEM

NPR | Article | August 15, 2017

 

Legal Profession

ROOTS TO ST. AUGUSTINE COMMUNITY KEEP ATTORNEY WAYNE HOGAN GIVING BACK

St. Augustine Record | Article | August 14, 2017

A chance visit by local lawyer Frank Upchurch to Wayne Hogan’s ninth-grade civics class at St. Augustine High School gave Hogan his first glimpse into a career in law. Hogan, now 69, went on to earn his law degree and have a successful career spanning more than four decades representing victims’ rights in landmark cases involving asbestos exposure and the dangers of cigarette smoking. In a recent interview with The Record, Hogan explained how his early years in St. Augustine helped spark his passion for fighting for the little guy. Wayne Hogan was recently honored with a Lifetime Achievement Award by the American Association for Justice at the organization’s annual conference in Boston.

 

Judiciary

PALM BEACH CIRCUIT JUDGE JAMES FERRARA RESIGNS, CITES PERSONAL REASONS

Palm Beach Post | Article | August 14, 2017

Just six months after Florida Gov. Rick Scott appointed him to the bench, Circuit Judge James T. Ferrara has announced that he is resigning from office at the end of this week, citing personal family reasons. In his short time on the bench, Ferrara handled foreclosure cases from the main courthouse in West Palm Beach. His last day on the bench will be this Friday [Aug. 18].

 

Judiciary

RETIRED JUDGE OBJECTS TO MASSIVE VOLUSIA COURTHOUSE PLAN

Daytona Beach News-Journal | Article | August 15, 2017

Daytona Beach residents will get a chance Thursday [Article 17] to weigh in on a proposed court system overhaul. Judges and court officials are expected to be there to support a plan to raze the annex courthouses in Daytona Beach and New Smyrna Beach and build a five-story complex on Beach Street. But with an early price tag of $120 million, some taxpayers — including a retired longtime judge — are objecting. Michael McDermott, who served 24 years as a county judge before retiring in 2000, spoke unfavorably of eliminating the court services now provided in the New Smyrna annex.

 

Criminal Justice Issues

IN A FIRST, MIAMI JURORS ASKED TO BE UNANIMOUS IN DEATH-PENALTY SENTENCING

Miami Herald | Article | August 15, 2017

The sentencing of two-time convicted killer Kendrick Silver marks the first time in Miami-Dade County that jurors have been asked to be unanimous in considering the death sentence. He is being sentenced for the December 2006 murder of a security guard. Silver was separately convicted of another murder, which took place five months after the first one. Prosecutors told jurors Silver deserved the death penalty for claiming “two lives in cold blood.” But defense lawyers say Silver should be spared because his childhood was marked by abuse and a mother who was a “damaged, unstable person.”

 

Criminal Justice Issues

DAYTONA TEEN’S 20-YEAR CARJACKING SENTENCE THROWN OUT; JUDGE CITES ‘MISCOMMUNICATION’

Daytona Beach News-Journal | Article | August 14, 2017

Circuit Judge Matt Foxman had stunned 18-year-old Ky’Andrea Cook when he sentenced her June 27 to two decades behind bars for a carjacking and battery in which a man was shot and seriously injured. But on Monday [Aug. 14], Foxman struck down the sentence and allowed Cook to withdraw her no contest plea. Her case goes back on the docket as if she had never agreed to anything. Cook took the stand Monday and testified that her assistant public defender, Frank Scott, had assured her the day before her sentencing that she would not be going to prison and that at most she would get community control or probation. Foxman called it a “miscommunication” as he struck down the sentence.

ALSO READ:

OUR VIEW: OPPORTUNITY FOR JUSTICE

Daytona Beach News-Journal | Editorial | August 16, 2017

 

Legislature

HOOKED ON TEXTING WHILE DRIVING? BETTER KICK THE HABIT WHILE YOU CAN

South Florida Sun-Sentinel | Article | August 13, 2017

Covert methods to catch drivers texting may be used by cops in Florida if a texting-while-driving bill becomes law next year. State Rep. Emily Slosberg, D-Boca Raton, has begun looking at ways to enforce her proposal to let cops pull over drivers for texting and driving. State law currently deems texting while driving a secondary offense, meaning drivers can be cited for the offense only after officers find another reason to pull them over. Slosberg’s law would make it a primary offense. But even if police are given the new authority in Florida, they may have trouble telling which drivers are breaking the law. Enforcement “is one of the biggest issues so far” while crafting the law, Slosberg said.

 


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