Discipline on the Web
I would like to point out what I consider a potentially damaging and misleading characterization of some Florida Bar members by the Bar’s Web site. Recently, the Bar added a section of members’ bio pages titled “10-Year Disciplinary History.” Next to that is either the word “yes” or “no” with instructions on what steps the public has to take to find out what exactly the discipline was about in the case of a “yes.”

While I personally do not object to the public being able to learn about a lawyer’s disciplinary history, I do object to the description of “disciplinary actions” when it includes advertising rule violations. I believe the public wants to know if they can trust the attorney that they are considering retaining. They want to know if that attorney has stolen from a trust account, been diligent in representing past clients, and maybe whether the attorney keeps current with continuing education. I do not believe a member of the public gives a darn whether the attorney made a mistake in how he or she advertised their services.

It might not be so bad if an inquiring member of the public could see right on the Web page exactly what the “problem” was. But they cannot. They have to e-mail the Bar to get details. How many of them are going to bother going to that extra trouble? Or is it more likely they will simply terminate their investigation of that attorney, with the erroneous conclusion that the attorney in question is a “dirty” attorney?

I believe that the solution is either bifurcate the disciplinary rules between those involving breaches of “morals” and those involving advertising, giving them clearly different and distinguishable names, or put a description of the offense right on the same Web page as the member’s other biographical data.

Does anyone else see this as potentially constituting a form of libel?

Larry Heinkel
St. Petersburg

Prosecutor Turnover
For the last several years, state attorney offices across Florida have suffered from alarming levels of prosecutor turnover.

Between the years 2000 and 2004, an average of 81 percent of prosecutors resigned before five years of service. This hemorrhage of talent and experience is having a devastating effect on our criminal justice system. 11th Circuit State Attorney Katherine Fernandez-Rundle has already acknowledged that there is a “crisis in the courtroom.”

Not only have legislators ignored the pleas for help from prosecutors across the state, but now there is a possibility that they may approve budget cuts that would exacerbate the already serious crisis in the criminal justice system. Put simply, the State of Florida is currently unable to retain adequate numbers of competent and experienced prosecutors in public service. Considering that 95 percent of appropriated funds are allocated for staff salaries and benefits, a budget cut would have a devastating effect on public safety.

The criminal justice system is the foundation of public safety. Elected officials cannot continue to ignore high prosecutor turnover rates and still say they care about public safety. A cut to the budget of state attorney offices is a deadly blow to an already fragile system. House Speaker Marco Rubio has pledged to battle the cuts. We urge all legislators to do everything within their power to prevent any budget cuts to state attorney offices.

Juan Carlos Arias
President,
Friends of Florida Assistant State Attorneys