Nov. 20, 2009

--Legal Profession--

NOMINATING COMMISSION NARROWS U.S. ATTORNEY CANDIDATES DOWN TO THREE-- St. Petersburg Times, http://www.tampabay.com, Nov. 20, 2009.
Former interim U.S. Attorney Robert O'Neill landed on a list of three finalists Wednesday [Nov. 18] to take over the Tampa job for good - or, for as long as such appointments ever last. The new U.S. attorney would replace A. Brian Albritton, a President George W. Bush appointee who began Oct. 15 and did not reapply after the change of party in the White House. Joining O'Neill as finalists were Roger Handberg, chief of the Orlando office, and Harry Shorstein, who served five terms as state attorney for Duval, Clay and Nassau counties. Those three men, and six others, submitted to half-hour interviews with a federal Judicial Nominating Commission that met in Orlando Wednesday. The U.S. attorney serves as top federal law enforcer for the Middle District of Florida, which includes 35 of the state's 67 counties, including Hillsborough and Orange.

DISCOUNTING DIVORCE-- The Miami Herald, http://www.miamiherald.com, Nov. 20, 2009.
With the economy sputtering, South Florida couples are staying together more or attempting do-it-yourself divorces rather than paying pricey divorce lawyers. As a result, local divorce lawyers say they are facing their slowest period ever, and are discounting rates, offering sliding payment scales and military discounts and accepting credit cards. One said her business is down 35 percent from last year. Couples who were thinking of divorcing may think again. The husband or wife may have been laid off and now left dependent on the other's health insurance, or cannot afford to get his or her own place. Additionally, the house may be in foreclosure or underwater, which means it can't be quickly sold and therefore there are no assets to be divided up. All this means that divorces appear to be on the decline.

--Judiciary--

11 BROWARD CIRCUIT JUDGES GET NEW ASSIGNMENTS-- Daily Business Review, http://www.dailybusinessreview.com, Nov. 20, 2009.
Eleven Broward circuit judges will settle into new digs early next year under a reassignment plan issued by Chief Judge Victor Tobin. Tobin signed an administrative order reassigning the judges Nov. 5, and the rotations take effect Jan. 11. Some judges, like Ronald Rothschild, who moves from the civil bench to family court, are looking forward to the changes. Others were apparently moved against their wishes.

--Civil Justice Issues--

FLORIDA JURY AWARDS $300 MILLION IN EX-SMOKER'S LAWSUIT-- The Miami Herald, http://www.miamiherald.com, Nov. 20, 2009.
A South Florida jury on Thursday [Nov. 19] ordered Philip Morris USA to pay $300 million to a former smoker, agreeing that the tobacco company's negligence was the cause of her emphysema. The award for Cindy Naugle, 61, is the largest to date among thousands of lawsuits filed in the state against tobacco companies. The award amounts to $56 million in compensatory and $244 million in punitive damages against Richmond, Va.-based Philip Morris USA, a unit of Altria Group Inc. The company said it will seek further review of the verdict by the Broward County jury. The case is one of 8,000 lawsuits filed against tobacco companies by Florida smokers and their families.

EDUCATION VIOLATION-- Tallahassee Democrat, editorial, http://www.tallahassee.com, Nov. 20, 2009.
The editorial states: "In 1998, when 71 percent of Florida voters endorsed a constitutional amendment to make it a "paramount duty" of the state to provide quality education to students in our public schools, it was anticipated that several years might pass before this well-intended concept had enough meat on its bones to be enforceable. That's fundamentally the intent of two 'adequacy cases' filed in Florida courts this month, said Jon Mills, former House speaker, former University of Florida Law School dean and one of the authors of the amendment. . . . The lawsuit filed in circuit court here by Mr. Mills, a Democrat, prominent Republican attorney Thom Rumberger and the Southern Legal Counsel represents a bipartisan trio of Orlando moms. It echoes a suit filed Nov. 5 by the American Civil Liberties Union in West Palm Beach, both accusing the state of violating its own constitution by not keeping this commitment to public education, the great equalizer."

--Criminal Justice Issues--

DUVAL JUDGE TO REVIEW COUNTY INMATES' BAIL-- The Florida Times-Union, http://www.jacksonville.com, Nov. 20, 2009.
Monday  [Nov. 23] will be bail review day in one Jacksonville judge's courtroom, a response to the sheriff blaming judges’ high bails for an overcrowded jail. Circuit Judge Linda McCallum sent a memo Thursday [Nov. 19] to prosecutors and defense lawyers scheduling bail reviews for every defendant in her felony division who is in jail awaiting trial. She promised to follow any bail amount agreed to by the State Attorney’s Office and lawyers for individual defendants and to "call the jail accordingly." At least 200 cases will be reviewed. The judge said the reviews are mandatory for prosecutors and public defenders but optional for private defense lawyers.

--Other--

FLORIDA STILL LEADS IN FORECLOSURES-- The Miami Herald, http://www.miamiherald.com, Nov. 20, 2009.
Florida continues to hold the dubious distinction of having the highest foreclosure rate in the nation. One in four mortgages in Florida were either past due or in foreclosure, according to third-quarter data from the Mortgage Bankers Association. Nevada was close behind at 23 percent.

Nov. 19, 2009 Daily News Summary

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