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TFB - Daily News Summary - Jan. 8, 2018

Monday, January 8, 2018  

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.

 

Jan. 8, 2018

Judiciary

BILL WOULD GIVE THE HOUSE SPEAKER, SENATE PRESIDENT JNC APPOINTMENTS

The Florida Bar News | Article | January 01, 2018

The Florida Bar’s role in judicial appointments would all but disappear under a bill sponsored by Rep. Frank White, R-Pensacola. The bill would eliminate the Bar’s role in selecting members of the judicial nominating commissions — the nine-member panels that vet applicants and short-list nominees when a judicial vacancy occurs. Instead of The Florida Bar recommending to the governor a slate of three lawyers for each of four seats on JNCs, HB 753 would allow the House speaker and Senate president to each appoint two lawyer members. The bill applies to all 26 JNCs.

ALSO READ:

THE MARBUT REPORT: LAWMAKERS SEEKING CONTROL OF JNC APPOINTMENTS

Jacksonville Daily Record | Article | January 08, 2018

 

Constitution Revision Commission

URGE THE CONSTITUTION REVISION COMMISSION TO DO RIGHT BY FOSTER CHILDREN

Daily Business Review | Column | January 05, 2018

Howard Talenfeld, the president of Florida’s Children First, writes: “Florida has the opportunity to become an exemplar to the nation by amending its Constitution with Proposal 40, filed by [Constitution Revision Commission] Commissioner Belinda Keiser. This proposal will give children who were removed from their parents because of abuse and neglect the right to counsel. Providing all children with attorneys in addition to their volunteer Guardians ad Litem is the national best practice and our kids deserve the best.”

 

Civil Justice Issues

FLORIDA AND GEORGIA TAKING WATER FIGHT TO U.S. SUPREME COURT

Miami Herald | Article | January 08, 2018

The U.S. Supreme Court hears arguments today [Jan. 8] in the long-running dispute between Florida and neighboring Georgia over the flow of water in the Apalachicola River, which runs from the state line to Apalachicola Bay and the nearby Gulf of Mexico. Florida sued Georgia in the Supreme Court in 2013, blaming farmers and booming metro Atlanta for low river flows that harmed the environment and fisheries dependent on fresh water entering the area. Florida portrays the case as its last chance to “stem Georgia’s inequitable consumption” of water from the Chattahoochee and Flint rivers in Georgia.

ALSO READ:

ON FLORIDA’S ‘FORGOTTEN COAST,’ A SUPREME COURT FIGHT OVER FRESH WATER

Washington Post | Article | January 07, 2018

 

Judiciary

U.S. SUPREME COURT CLERKS ARE OVERWHELMINGLY WHITE AND MALE. JUST LIKE 20 YEARS AGO

USA Today | Column | January 08, 2018

Tony Mauro, correspondent for The National Law Journal, writes: “Nearly 20 years ago, USA Today reported on a first-ever study of the powerful young law clerks who are hired by the U.S. Supreme Court to help justices do their work. . . . The research showed that those prestigious one-year clerkships, a golden ticket to a top-tier legal career, were going overwhelmingly to white males. Fewer than 2 percent were African-Americans, 1 percent were Hispanic, and only a quarter were women. . . . In the 20 years since those stories appeared, little progress has been made.”

 

Civil Justice Issues

WEST FLORIDA COUPLE’S TREEHOUSE MUST COME DOWN; U.S. SUPREME COURT DECLINES CASE

Sun Sentinel | Article | January 08, 2018

A west Florida couple will have to take down their beachfront treehouse after the U.S. Supreme Court declined to get involved in a dispute over it. The Supreme Court on Monday [Jan. 8] declined to take the case brought by Lynn Tran and Richard Hazen, who live on Anna Maria Island on Florida’s west coast. The couple built a two-story treehouse on their Holmes Beach property in 2011 after being told they didn’t need a permit. But after a complaint to the city about the structure, officials investigated and found that the couple did need to go through the permitting process and that the treehouse was located in an area where building is prohibited because of a city setback.

 

Judiciary

TWO LEON COUNTY PROSECUTORS VYING FOR JUDICIAL SEAT

Tallahassee Democrat | Article | January 05, 2018

Two of Leon County’s most prominent prosecutors are among the 12 people vying to fill a vacant judge seat. Second Judicial Circuit Assistant State Attorney Georgia Cappleman and General Counsel Eddie Evans have applied for the judicial seat once held by Leon County Circuit Judge Charles A. Francis. Francis announced his resignation late last month.

 

Judiciary

EDITORIAL: COURT SYSTEM NEEDS BETTER DATA, ANALYSIS

Sarasota Herald-Tribune | Editorial | January 07, 2018

The editorial says: “Two Sarasota Herald-Tribune news series — one on sentencing in criminal cases; the other on access to addiction treatment — helped document what anecdotal evidence has long suggested: Race-based disparities exist in the justice system. . . . As the Florida Legislature commences its annual session on Monday [Jan. 8], we hope there will be consensus and progress on the following points: Regular analysis, by the courts or some qualified state agency, of racial disparities in sentencing and referral to treatment is warranted. [And] existing databases are inadequate.”

 

Legal Profession

LEGAL COMMUNITY COMES TOGETHER FOR ‘UNITY DAY’

Jacksonville Daily Record | Article | January 08, 2018

If having every seat reserved before an event debuts is indicative of potential longevity, the inaugural Unity Day Luncheon on Thursday [Jan. 4] in Jacksonville signals a long-term presence. The event, sponsored by The Florida Bar Diversity and Inclusion Committee and by the Bench Bar Fund of the U.S. District Court for the Middle District of Florida, was attended by 119 people. It mirrored Martin Luther King, Jr.’s philosophies of choosing love over hate, unity instead of divisiveness and action instead of inaction.


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