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.
Oct. 28, 2009
MAN ACCUSED OF POSING AS A LAWYER ARRESTED-- Orlando Sentinel, http://www.orlandosentinel.com, Oct. 28, 2009.
Rufus Hawkins isn't a lawyer, but that's not stopping him from trying to act like one. Hawkins, 24, was arrested Friday [Oct. 23] for practicing law without a license, but a local news station caught up with him in court Tuesday [Oct. 27] trying to represent someone in a criminal matter, according to WFTV.com. Hawkins told the news station he never claimed to be an attorney and that he should not have been arrested by the Orange County Sheriff's office. Deputies arrested Hawkins in a courtroom Friday while he was representing a woman in a petty theft case. One judge complained about him to the Florida Bar.
--Judiciary--
WEATHERBY RETIREMENT CREATES VACANCY-- Jacksonville Daily Record, http://www.jaxdailyrecord.com, Oct. 27, 2009.
As a result of the announced retirement of Circuit Court Judge Michael R. Weatherby, there will be a vacancy on the Fourth Judicial Circuit Court in and for Duval County. Judicial applications for this Circuit Court vacancy must be received before 5 p.m. Nov. 13.
HERNANDO COMMISSION HALTS SEARCH FOR COUNTY JUDICIAL CENTER SPACE-- St. Petersburg Times, http://www.tampabay.com, Oct. 28, 2009.
County commissioners on Tuesday [Oct. 27] abandoned their search for a proposal to make their plans to build a judicial center a reality. But that doesn't mean the center, for which Hernando has socked away nearly $19 million, is dead. Chief Judge Daniel Merritt made it clear Tuesday that he won't let that happen. Bill Rain, one of the investors who bought Brooksville Regional Hospital from the county in 2007, again made a pitch to use that $19 million to move administrative offices to the old hospital and turn over the government center to the judiciary. Commissioners had suspended the process in the spring to deal with more pressing budget issues.
PALM BEACH COUNTY ATTORNEYS RATE JUDGES-- Daily Business Review, http://www.dailybusinessreview.com, Oct. 28, 2009.
Respondents to the Palm Beach County Bar Association survey released Tuesday [Oct. 27] found nine of the 49 circuit and county judges have an excellent grasp of legal knowledge and its applications, and another 20 have an excellent demeanor. Attorneys rated judges excellent, satisfactory or in need of improvement in nine areas including knowledge of the law, impartiality, preparedness, control of the courtroom and common sense. Judges on the bench for less than a year were excluded. Magistrates, compensation claims judges, senior judges and traffic hearing officers also were evaluated.
--Civil Justice Issues--
CONDO OWNER SNARED IN AGENT'S PLAN-- St. Petersburg Times, http://www.tampabay.com, Oct. 28, 2009.
Foreclosure proceedings on Alejandro Salazar's Tampa condo had dragged on so long he finally called the bank this summer to ask why. Because, the bank told him, your attorney has been fighting us for a year. Salazar was stunned to learn that Clearwater lawyer Bruce Harlan had been filing motions in the case since August 2008. Yet, Salazar says, he had never met Harlan, never talked to him and certainly never hired him. In a bizarre case, Harlan confirms that he listed himself as Salazar's lawyer even though Salazar hadn't retained him. The person who did, Harlan acknowledges, was a real estate agent who had acquired the deed to Salazar's vacant condo, moved in and wanted to stall foreclosure because she hoped to buy the unit in a short sale. The agent? Lori Polin, named by Florida's attorney general last year as a key player in an alleged $37 million mortgage fraud scheme. The Florida Real Estate Commission filed a complaint Oct. 2 accusing Polin of fraud and other misconduct in seven 2006 real estate deals.
HOMETOWN RECESSION- MAKER-- The Tampa Tribune,Editorial, http://www2.tbo.com, Oct. 28, 2009.
The Florida Supreme Court recently approved a financial impact statement for Amendment 4 - a "vote-on-everything" proposal that would require Floridians to decide thousands of technical land use issues at the ballot box. The statement, which will appear alongside Amendment 4, also known as Hometown Democracy, on the 2010 ballot, describes some of the "additional costs" that the amendment would impose on Florida's taxpayers. If passed, this proposal would dismantle the local planning process and discourage our communities from building new schools, parks, hospitals and highways. Amendment 4 would not only make it extraordinarily difficult for local businesses to grow, it would also deter new businesses from bringing jobs to Florida.
MANDATORY MEDIATION HELPING TO KEEP PEOPLE IN THEIR HOMES-- Jupiter Courier, http://www.tcpalm.com, Oct. 28, 2009.
In March, Chief Judge William Roby of the 19th Judicial Circuit, covering St. Lucie, Indian River, Martin and Okeechobee counties, ordered mandatory mediation for mortgage lenders and homeowners in owner-occupied homes facing foreclosure. The nonprofit Collins Center for Public Policy was contracted to administer and provide mediators for the program. In addition to the 19th Circuit, the Collins Center has been contracted to provide its program in the 1st and 11th judicial circuits. In a news release, the center announced that it had managed 1,401 scheduled mediations. More than 71 percent of them were settled during mediation. In addition, 255 foreclosure suits were settled before mediation by the center opening communication between the parties. That meant 1,072 homes were saved from foreclosure culminations.
--Criminal Justice Issues--
CRIME WORKSHOP EXPOSES FLAWS IN JUSTICE SYSTEM-- Florida Today, http://www.floridatoday.com, Oct. 28, 2009.
Some of the Space Coast's most dangerous, deadly criminals roam the streets because they received lenient punishments from the judicial system, police chiefs argue. Tuesday's [Oct. 27] four and a half hour commission workshop exposed structural problems in Brevard County's criminal justice system. Police chiefs from Palm Bay, Cocoa, Melbourne and Titusville expressed frustration at plea bargains and skimpy jail sentences for violent criminals. Officials agreed that the root causes are complex, exacerbated by budget woes and similar to those faced by other Florida counties. "We simply do not have enough judges, enough courtrooms, enough prosecutors, enough defense lawyers, enough jurors to handle every case by a trial," Circuit Court Judge John Harris said. "So the plea bargaining process is the only way this system is going to work."
COURT ASKED TO BLOCK SCHEDULED EXECUTION-- The Lakeland Ledger, http://www.theledger.com, Oct. 28, 2009.
Lawyers for Paul Beasley Johnson, a triple murderer from Polk County, requested Tuesday [Oct. 27] that his execution scheduled for next month be halted. The application for stay of execution argues Johnson has pending appeals in state court and is seeking review of his case in federal court. The Florida Supreme Court agreed last week to hear oral arguments in Johnson's case. A hearing is set for today.
MURDERER NELSON'S FINGER NOW POINTED AT DEFENSE TEAM-- Ft. Myers News-Press, http://www.news-press.com, Oct. 28, 2009.
Death Row inmate Josh Nelson goes back to court Thursday [Oct. 29] in one of his last grasps for freedom. In an evidentiary hearing at 9 a.m., defense attorney Baya Harrison of Monticello will attempt to prove Nelson's Fort Myers lawyers - Hal Stevens and John Mills - ineffectively represented their client. Thirteen years ago this month, murderer Nelson sat in the Lee County Jail waiting for the jury and judge to decide if he should live or die for killing a Pine Island man 14 years ago.
--Other--
CUBA IS FOCUS OF CONFERENCE-- Miami Herald, http://www.miamiherald.com, Oct. 28, 2009.
Thomas Shannon Jr., assistant secretary of state for Western Hemisphere affairs, is slated to be among the dozens of speakers at a three-day conference starting Wednesday [Oct. 28] in Miami Beach on Cuba and other international issues. Organized by the American Bar Association's international law section, the annual event this year will take a close look at trade and investment opportunities in Cuba as relations between Washington and Havana begin to thaw.
[Revised: 10-29-2009]
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