Feb. 9, 2010

--Judiciary--

DON'T RAID THE COURTS-- Tallahassee Democrat, Editorial, http://www.tallahassee.com, Feb. 7, 2010.
Last session lawmakers did show the courts a little mercy, creating a dedicated court funding stream through the State Courts Revenue Trust Fund. It is fed by fines and filing fees and has helped make the courts far more self-sufficient, relying less on general revenue funds than ever before. Through this trust — and there are some concerns about so-called "cash-register justice" when filing fees get too high; another issue for another day — there is now a surplus of about $138 million. Justice Quince is appealing to lawmakers to allow the court system to use that surplus, however, to help make up for the budget and personnel cuts that started in 2007 and have reduced the courts' work force by 300 people. The courts are the best bargain lawmakers have, being funded with less than 0.7 percent of the entire state budget of some $67 billion. Lawmakers have seen the value of helping the court system, even in dire economic times, pay some of its own way. It would be a mistake to raid these funds and set back the judiciary even more.

--Legal Profession--

PONDERING THE YEAR AHEAD IN TECHNOLOGY-- Daily Business Review, http://www.dailybusinessreview.com, Feb. 6, 2010.
Social networking explosion continues: LinkedIn is market leader for lawyers. 2009 was a big year for social media and networking online with sites such as Facebook, Twitter, and LinkedIn. Competitors to LinkedIn include Legal OnRamp, Meet the Elite, Law Link, and Martindale-Hubbell Connected. Connected is the closest competitor and most viable alternative to LinkedIn because it is backed by Lexis. However, LinkedIn will continue to be a strong market leader for lawyers by sheer number of users alone. There are reportedly more than 70 applications that are specific for lawyers, including a new one announced by Lexis that allows you to get legal cases and Shepardize them. Also, virtual law firms are popping up more frequently as clients demand lower legal costs and lawyers look for creative solutions. Virtual law firms simply remove most of the overhead of a traditional law firm by going with a digital platform (no paper files or fancy office space). The lawyers collaborate with each other and clients over the internet or by videoconferencing.

JUSTICE THOMAS GIVES SHOUT-OUT TO FLA. LAWYER-- Daily Business Review, http://www.dailybusinessreview.com, Feb. 9, 2010.
U.S. Supreme Court justices don’t often compliment the lawyers who appear before them — much less lawyers who argued more than 15 years ago. But that’s what Justice Clarence Thomas did in remarks at the University of Florida Levin College of Law, where he was giving the Marshall Criser Distinguished Lecture. One student asked about oral advocacy before the court and how justices can be persuaded. Thomas recalled, “I have been persuaded by a lawyer from Florida.” He said the lawyer also was a CPA and a certified financial planner, and she was disciplined for including that information in her advertising. “She argued her own case,” Thomas said. “She was clear, you could see she was honest, she knew the record, and she won her case.” The lawyer Thomas was complimenting is Silvia Ibanez, the petitioner in her 1994 case against the state Business and Professional Regulation Board, one of several commercial speech cases the court issued in that period. By a 7-2 vote, the court ruled the board action violated her First Amendment rights and the CPA and CFP designations were not misleading.

UM OFFERING JOINT DEGREE FOR ENTERTAINMENT LAW PRACTICE-- Daily Business Review, http://www.dailybusinessreview.com, Feb. 8, 2010.
The University of Miami School of Law and Frost School of Music have launched a joint degree program for students interested in practicing entertainment law. Students will be able to complete a law degree and a master’s degree in music business and entertainment industries in three years, including two summers of coursework.

--Civil Justice Issues--

FORECLOSURES HIT 2-YEAR LOWS-- Englewood Sun Herald, http://www.sunnewspapers.net, Feb. 9, 2010.
Foreclosures in Charlotte County started the decade on a high note, with monthly filings reaching their lowest mark in more than two years. Sarasota also saw initial foreclosures filings fall 20 percent from December, with 595 delinquencies recorded last month. RealtyTrac, an independent online database that tracks foreclosures, is expected to release its findings Thursday [Feb. 11]. Local real estate agents said declining foreclosures are essential for the area's housing market to fully recover. Currently, short sales and delinquent listings are pulling down prices of traditional sales, and reduced foreclosures will fuel stabilization, said Jake Miller, real estate agent and broker with Gulf Realty & Associates Inc. on Manasota Key. The good news is first-time buyers continue to purchase these foreclosures, helping reduce inventories, he said.

SOUTH FLORIDA ATTORNEYS LINE UP TO SUE TOYOTA-- Daily Business Review, http://www.dailybusinessreview.com, Feb. 9, 2010.
Toyota may be in a public relations nightmare with a recall of 2.3 million vehicles with balky gas pedals, but it may be in a position to stop the onslaught of litigation seeking class-action status, legal experts say. About a dozen lawsuits seeking class actions status have been filed nationally, including four in Florida federal courts. Plaintiff attorneys already are jockeying to determine where the federal cases will be consolidated in one place. Plaintiff attorneys are prepared to argue the Japanese automaker knew of the problem and has shifted the blame to various causes for months. The lawsuits seek various compensation, such as loss of vehicle value, out-of-pocket expenses and punitive damages for endangering consumers’ lives. Toyota is in a better position to defend itself against class actions with the large number of vehicles subject to the recall. Company warranties state the manufacturer is not responsible for paying incidentals due to repairs, whether they be lost work time or replacement rental cars.

--Criminal Justice Issues--

FLA. JUSTICES REFUSE TO HALT EXECUTION NEXT WEEK-- Gainesville Sun, http://www.gainesville.com, Feb. 9, 2010.
The Florida Supreme Court has refused to halt the execution next week of a man convicted of murdering a state wildlife officer 26 years ago. The justices [Feb. 8] rejected claims from Martin Edward Grossman that he wasn't given a fair chance to prove his trial lawyer had been ineffective nor allowed to present certain mitigating evidence against a death sentence. The high court also ruled he was premature in arguing that he may be mentally incompetent. An insanity claim must first go to Gov. Charlie Crist for a ruling before it can be appealed.

WARRANT CHECKS GET RESULTS IN LEE COUNTY-- Ft. Myers News-Press, http://www.news-press.com, Feb. 9, 2010.
The process has become routine: Every day, in each courtroom in Lee County, the criminal backgrounds of hundreds of people who are scheduled for court appearances are checked for outstanding warrants. Their information is scanned through local, state and national databases. These checks are the result of the death of Fort Myers police Officer Andrew Widman who was killed in July 2008 by a gunman wanted in Collier County. In November 2008, Lee became the first county in the state to install the software to allow such detailed searches. Collier followed suit shortly after Lee, and it's likely the software will be installed statewide sometime next year, said Sheila Mann, court operations manager for the 20th Judicial Circuit, which includes Lee. "The other counties are awaiting money from the state," Mann said. "Governor (Charlie) Crist's budget looks like it includes money for AWACS to go statewide."

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