News and Events
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. Electronic links are only active in today's edition. For information on previous articles, please contact the publishing newspaper directly.
Nov. 2, 2009
--Legal Profession--
COKER HONORED WITH LIFETIME ACHIEVEMENT AWARD-- Jacksonville Daily Record, http://www.jaxdailyrecord.com, Oct. 30, 2009.
Former Florida Bar President Howard Coker was recently honored by the American Justice Association with its Al J. Cone Lifetime Achievement Award at a ceremony in Orlando. The award was presented Oct. 16 and recognizes a career of leadership, example setting, devotion and courage. Coker, who served as Bar president in 1998, is known throughout the state for his devotion to the profession and is equally respected for his continuous contributions to the Jacksonville community, most notably in the field of adult and child literacy.
--Lawyer Ethics/Legal Discipline--
STUART CRIMINAL DEFENSE ATTORNEY UDELL DISBARRED-- Treasure Coast Newspapers, http://www.tcpalm.com, Oct. 31, 2009. [Also: WELL-KNOWN TREASURE COAST ATTORNEY DISBARRED-- WPBF West Palm Beach, http://www.wpbf.com, Oct. 30, 2009].
The Florida Supreme Court on Thursday [Oct. 29] disbarred Stuart criminal defense lawyer Robert Udell, Florida Bar officials confirmed. The punishment stems from allegations of improperly handling certain legal fees between 2004 and 2008, according to a Florida Bar disbarment consent report Udell signed Sept. 15. Udell voluntarily agreed to the disbarment, records show, but without admitting any wrongdoing. Udell has been involved in high-profile cases, including several local Death-Row cases. Nathaniel Brazill remains one of Udell's most famous clients, who at age 14 was convicted of second-degree murder in the shooting death of his seventh-grade teacher, Barry Grunow, in Palm Beach County in 2000.
ST. AUGUSTINE ATTORNEY GETS DISBARRED-- St. Augustine Record, http://staugustine.com, Oct. 31, 2009. [Also: ROBBING PETER TO PAY PAUL-- Historic City News, editorial, http://www.historiccity.com, Oct. 30, 2009].
From the St. Augustine Record: A St. Augustine attorney who reportedly admitted misusing payments to several clients has been disbarred for five years. The Florida Bar announced the action Thursday [Oct. 30] against Jay Charles Floyd, who entered a "conditional guilty plea" to misusing the funds of four clients, according to the report filed by a referee to the Supreme Court of Florida. In addition to the disbarment, Floyd was ordered to make restitution to those clients for $4,833, $40,000, $18,000 and $14,000. He also has to pay $3,793 to the Bar for the cost of the disciplinary proceedings.
FIVE SOUTH FLORIDA LAWYERS DISBARRED, TWO SUSPENDED-- Sun-Sentinel, http://www.sun-sentinel.com, Oct. 31, 2009.
Five South Florida lawyers have been disbarred and two suspended for stealing from clients, abandoning them, lying to the government or other acts of misconduct, according to The Florida Bar. Coral Springs lawyer Scott Salomon was disbarred for taking money from clients and not representing them, the Bar said. He was ordered to pay $222,500 in restitution fees. Richard Koskey, of Wilton Manors, was disbarred, accused of faking the amount of money due on a mortgage to get more from a lender when he refinanced a loan. Koskey also failed to pay $91,000 from a mortgage to a client, the Bar said. Robert Shepherd, of Fort Lauderdale, was disbarred for five years after being convicted in federal court of conspiring to commit an offense against the U.S. government. Miami-Dade lawyers Daniel Fox and Jorge Rodriguez were investigated and disbarred in connection with real estate transactions. Blayne Belkin, of Delray Beach, and Miami lawyer Jeffrey Reichenbacher were both suspended.
--Judiciary--
GUARDIAN AD LITEM'S TOP JUDGE-- Jacksonville Daily Record, http://www.jaxdailyrecord.com, Oct. 30, 2009.
Nearly two decades ago, Dan Wilensky was a practicing attorney when he signed up as a Guardian ad Litem. That decision, he says, had a profound effect on his career and Tuesday [Oct. 27] the Clay County judge was recognized by Guardian ad Litem with its 2009 Judicial Advocate Award. Wilensky became a judge in the Fourth Judicial Circuit about three years ago. Although he lives in Jacksonville, Wilensky requested the Clay County assignment and immediately began the process of establishing a family law division.
--Civil Justice Issues--
VICTIM OF WRONGFUL INCARCERATION REFUSES REPARATIONS BECAUSE LEGAL COSTS AREN'T FULLY COVERED-- Sun-Sentinel, http://www.sun-sentinel.com, Oct. 31, 2009.
A Fort Lauderdale man only needs to sign a few legal papers to start receiving $179,000 from the state and become the first wrongfully convicted person compensated under a new Florida law. However, Leroy McGee is refusing to complete the documents, though the father of five is now living paycheck to paycheck. The carpenter's apprentice fears that taking the money available under the new Victims of Wrongful Incarceration Compensation Act could end up hurting others who will seek similar reparations in the future. The sticking point for McGee: The state is refusing to pay back his legal costs for seeking compensation. To become eligible, an applicant must obtain a judge's order declaring the conviction was wrongful, then petition the state Attorney General's Office for the reparations money-- a process that could take months and would be extremely difficult to navigate without an attorney. Since the compensation is paid out in a long-term annuity, applicants would have to front their own money to pay their legal costs unless they find lawyers who will do the work for free, argues David Comras, McGee's attorney. Even though McGee, 42, knows his attorney won't demand he pay him out of his own pocket, he's still refusing to sign the papers because he doesn't want the state to hold him up as an example for others seeking compensation.
REPORTS: STATE CHILD ABUSE DEATHS CLIMB-- Daytona Beach News-Journal, http://www.news-journalonline.com, Nov. 2, 2009.
Two national reports show Florida rates poorly when it comes to child abuse deaths and representing abused children in court. One of the reports, by Every Child Matters Education Fund, has Florida with the third-highest rate of deaths in 2007 per child population. A separate report by the nonprofit First Star gave Florida an "F" when representing abused children. While there are some staff attorneys and volunteer lay guardians, not every child is represented, the report states, and the law says the appointment of an attorney is discretionary. State officials say both reports have flaws, though there's a movement locally and statewide to increase prevention and provide more attorneys for foster children. The issue of providing more attorneys for children is being discussed statewide. The Florida Bar has a committee working on legislation for the upcoming session seeking more attorneys for foster children with special needs, such as the disabled, older teens and children being prescribed psychotropic drugs.
COURT PROGRAM FOR MENTALLY ILL ALLOWS TREATMENT-- The Miami Herald, http://www.miamiherald.com, Nov. 1, 2009.
At 18, Keith Zapata's mind plunged into chaos. Suffering from schizophrenia and addicted to crack cocaine, he heard voices warning of impending doom and saw visions of Jesus in the sky. Then he landed in jail, for punching out a car window near the Miami River last December. Instead of awaiting trial behind bars or on streets teeming with trouble, Zapata, now 24, lives in a special residence for substance abusers. He's part of a pilot program sponsored by Miami-Dade courts that also assures he receives his disability benefits, takes his medicine and attends daily Narcotics Anonymous meetings. The diversion program, modeled on Miami-Dade's lauded drug court, allows for felony charges to be dropped if defendants complete one year of aggressive treatment and monitoring and, in some cases, pay restitution. The effort stems from County Judge Steve Leifman's bid to overhaul the way mentally ill defendants are treated by the criminal justice system. It's based on the belief that getting regimented treatment for offenders early on will make them less likely to break the law again.
--Criminal Justice Issues--
UNEQUAL JUSTICE-- Panama City News Herald, editorial, http://www.newsherald.com, Oct. 31, 2009.
The editorial states: "Dr. Michael Reed’s lawyer has offered a novel idea of jurisprudence: The bigger you are, the harder you fall — therefore, the courts should provide you a pillow to soften the blow. That’s an affront to the concept of equal justice. The former Bay County surgeon and six other men have pled guilty to conspiring to possess and distribute cocaine. Reed faces five to 40 years in prison and a $2 million fine, or 10 years to life in prison and an $8 million fine, depending on the amount of cocaine prosecutors can prove he was responsible for. However, Tallahassee attorney Marcia Shein has asked U.S. District Judge Richard Smoak to sentence her client to probation, or a light prison term. She argued that because Reed was a successful physician he already has suffered enough — he's lost his license to practice medicine, million-dollar income and reputation. . . . That, she says, should be punishment enough. But if Judge Smoak must impose a sentence, Shein suggests it be should be for less than three years, coupled with lots of community service. . . . Judge Smoak must apply the law as fairly and equitably as possible. Therefore, he shouldn’t cut Reed any breaks based on who he is (or was). He should be treated just like any other convicted drug felon."
JUDGE WON'T THROW OUT CHARGE IN HOME SHOOTING CASE-- Florida Today. http://www.floridatoday.com, Oct. 31, 2009.
A jury will decide whether Richard Fortner was justified in fatally shooting a dinner party guest over a disputed card game after a judge rejected Fortner's bid to get the manslaughter charge thrown out. The Cocoa Beach man's attorney argued in court earlier this month that the "Stand Your Ground" law -- which says homeowners have no duty to retreat before using deadly force to protect themselves against death or great harm if someone unlawfully and forcibly enters -- should apply in his case. Fortner, 71, is charged with manslaughter in the Oct. 23, 2008, shooting death of 68-year-old Marion Chris Kachnik during a melee over a card game at Fortner's home. However, in a written ruling issued Thursday [Oct. 29], Circuit Judge John Harris said the "Stand Your Ground" law was enacted "so homeowners could protect themselves and their families from the very real dangers normally presented by violent crimes such as home invasion without fear of civil or criminal repercussion." Kachnik was an invited guest and did not force his way into the home, the judge said.
--Other--
JUDGE DISMISSES SUIT AGAINST DEFENSE LAWYER WHO MADE CHALLENGE ON 'DATELINE NBC'-- Orlando Sentinel, http://www.orlandosentinel.com, Oct. 31, 2009.
A federal judge in Texas recently dismissed a suit against High-profile Orlando criminal-defense lawyer Cheney Mason that involved a $1 million challenge he made on "Dateline NBC" about a client who was convicted of killing four people. Mason said the shootings couldn't have been committed in the time frame prosecutors said they were, and the outspoken lawyer appeared to say on the Dateline episode that he'd pay $1 million to anyone who could show otherwise. Dustin Kolodziej of Texas took Mason's challenge literally, and filed suit against the lawyer in June because he refused to pay up. The crux of the suit is a statement Mason made nearly three years ago on national TV about the state's theory of how convicted murderer Nelson Ivan Serrano killed his former business partner, a prosecutor and two others in Polk County in 1997. The route involved Serrano flying from Atlanta to Orlando, driving to Polk County, shooting the four people, and then catching a flight back to Atlanta. Mason argued there was no way Serrano could have committed the murders and made it back to Atlanta in time to be filmed at the hotel. Kolodziej watched the episode, retraced Serrano's route, and made the journey within the required time.
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[Revised:
07-01-2005
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