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TFB - Daily News Summary - Dec. 11, 2017

Monday, December 11, 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.

 

Dec. 11, 2017

 

Judiciary

EDITORIAL: HEED HIGH COURT ON NEED TO ADD JUDGES IN CENTRAL FLORIDA

Orlando Sentinel | Editorial | December 08, 2017

“A state growing and changing as fast as Florida needs a court system that keeps up. The Florida Constitution provides a process: a review from the state Supreme Court to determine the need to add or eliminate judgeships in court jurisdictions throughout the state. . . . The Supreme Court’s latest recommendation to the Legislature, released last month, calls for adding just two circuit court judges and two county court judges statewide. . . . The Legislature’s refusal to add judges where they are needed imposes hardship that goes well beyond the heavier burden on the black-robed men and women who preside in the courtroom. . . . They’re really shortchanging the individuals, families and businesses who depend on — and deserve — a court system with the resources to deliver timely justice.”

 

Legal Profession

MCLEROY AND SALTER: RULE CHANGES INTENDED TO BOOST FREE LEGAL AID

Sarasota Herald-Tribune | Column | December 10, 2017

Kathleen S. McLeroy, a lawyer from Tampa, and Judge Vance E. Salter of the Third District Court of Appeal in Miami, are co-chairs of The Florida Bar Pro Bono Legal Services Committee. They write in response to a Nov. 29 guest column by David E. Morrill of Sarasota (“Plan discourages retired attorneys from advising poor Floridians”). They write: “Let us address any concerns about the recently approved rule change. . . . This amendment has been praised by the president of the Florida Bar Foundation and was recommended by Florida Commission on Access to Civil Justice. It was examined and approved by The Florida Bar’s Board of Governors and the Supreme Court, with many opportunities for comment and input along the way. Please rest assured that this change will welcome many more lawyers to do what so many other members of The Florida Bar have done so well for so long – provide pro bono legal services to our neighbors in need.”

 

Judiciary

FIVE FEDERAL JUDGE VACANCIES IN SOUTH FLORIDA GIVE TRUMP CHANCE TO SHAPE BENCH

South Florida Sun-Sentinel | Article | December 08, 2017

In the next few months, President Donald Trump is expected to name five new federal judges to lifetime appointments in South Florida, an unusual chance to shape the bench for decades to come. A shortlist of 10 candidates for the vacancies in the Southern District of Florida was recently announced. The finalists include one woman and nine men. Experts say federal district judges — who handle criminal and civil cases at the trial level and make findings of fact — have a huge impact on justice and are some of the most significant appointments a president gets to make. They are appointed for life and can only be removed by impeachment and conviction.

 

Legal Profession

LAW SCHOOLS SAY: PLEASE COME, NO LSAT REQUIRED

Wall Street Journal | Article | December 07, 2017

Some of the nation’s law schools — including at Harvard University and Georgetown University — are letting applicants take the Graduate Record Examination instead of the Law School Admission Test. The schools say they are changing in part to attract students from a wider variety of backgrounds, particularly with science, engineering and math experience. At least 14 law schools of the nation’s roughly 200 offer applicants the option of using GRE scores instead of the LSAT, or plan to do so next year. The American Bar Association’s accrediting arm is considering no longer requiring any admissions test at all. A final decision won’t be made until mid-next year at the earliest.

 

Legal Profession

THE KING’S ACADEMY LAUNCHES CHRISTIAN PRE-LAW PROGRAM

The Town-Crier | Article | December 08, 2017

The King’s Academy in West Palm Beach formally launched its Christian Pre-Law program on Nov. 29 with an overview of the program and an announcement of major gifts given to underwrite and endow the program for decades to come. TKA Christian Pre-Law Program Director Denise Brown presented the entire slate of courses available to students, along with mock trial team and club details. Scott Hawkins, an alumni parent, past president of The Florida Bar and current chair of the University of Florida Law School, was one of three guest speakers at an event to launch the program.

 

Judiciary

HILLSBOROUGH JUDGE VOLUNTEERS AS SANTA TO BRIGHTEN HOLIDAYS FOR KIDS

WFLA | Article | December 08, 2017

Hillsborough County Judge Nick Nazaretian has a special job around the holidays helping out Old Saint Nick. For the last 20 years, Nazaretian has been one of Santa’s helpers dressing up in the iconic red suit to bring smiles to hundreds of kids around Tampa Bay. One of the events where he volunteers is organized by Tampa City Councilman Luis Viera. It is for children who have autism.

 

Criminal Justice Issues

IS YOUR CAR A DEADLY WEAPON? DISPUTE IN CRIMINAL CASES HEADED TO FLORIDA SUPREME COURT

South Florida Sun-Sentinel | Article | December 08, 2017

The state’s appellate courts are split on whether cars should be considered as weapons so charges of manslaughter, or unintentional killings, become more serious felonies. That answer likely will come from the Florida Supreme Court, which is expected to resolve a dispute involving a Fort Myers case. It’s a significant legal distinction: Branding a car as a weapon can add up to 15 years on a prison sentence.

 

Criminal Justice Issues

DEFENDANT TAKES PLEA DEAL FOR LIFE IN PRISON IN AYALA’S FIRST DEATH-PENALTY CASE

Orlando Sentinel | Article | December 08, 2017

Prosecutors for State Attorney Aramis Ayala were poised to seek the death penalty against Emerita Mapp. She would be the first defendant against whom Ayala would seek capital punishment, after a legal battle with the governor she ultimately lost and the creation of a death-penalty review panel. Ayala’s office missed the deadline to file intent to seek the death penalty, igniting another conflict with the governor. Prosecutors were expected to argue Friday [Dec. 8] they should still be able to seek death, instead, Mapp, was allowed to agree to a plea offer.  She pleaded no contest to first-degree murder with a weapon and attempted first-degree murder with a weapon. Judge Greg Tynan adjudicated her guilty and sentenced her to life in prison.

 

Civil Justice Issues

ATTORNEYS’ ATTEMPT TO PAINT A PICTURE IN COMPLICATED FORECLOSURE CASE FAILS TO CLARIFY OWNERSHIP

Daily Business Review | Article | December 06, 2017

A complicated mortgage with a mangled chain of ownership left judges to decipher who owned a debt that had traded at least half a dozen times on the secondary market. A successor creditor with multiple predecessors tried to prove legal standing to foreclose on the property. It was so complicated, Florida’s Fourth District Court of Appeal noted that the mortgage company’s attorneys’ “valiant effort” to map out the chain of ownership resulted in a labyrinth of “different types of arrows pointing in all directions.” In the end, the appeals court found the financial institution had failed to prove standing and remanded the case for a judgment in the homeowner’s favor.

 

Other

10TH JUDICIAL CIRCUIT JUDGE GLENN SHELBY DIES IN LAKELAND AT 62

The Ledger | Article | December 09, 2017

Tenth Judicial Circuit Judge Glenn Shelby died on Friday [Dec. 8] in Lakeland. He was 62. Shelby was appointed circuit judge by Gov. Rick Scott in 2013. A Miami native, Shelby lived in Polk County since 1980 after graduating from the University of Florida law school in 1979. The cause of death was a rare form of cancer, said his son, Aaron Shelby.

 


more Calendar

7/26/2018
Family Law Section Meeting

8/22/2018
Labor & Employment Section Meeting

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