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.
Oct. 27, 2009
--Legal Profession--
ONE PRO BONO CASE PER LAWYER-- The Gainesville Sun,letter-to-editor, http://www.gainesville.com, Oct. 25, 2009. [Also: PRO BONO WEEK CELEBRATION-- WCTV Tallahassee, http://www.wctv.tv, Oct. 27, 2009].
The Gainesville Sun letter-to-editor by Marcia Green, pro bono coordinator for Three Rivers Legal Services, Gainesville, states: " An exciting initiative by Florida lawyers is being launched this week in conjunction with the American Bar Association's Celebration of Pro Bono. The new One Campaign seeks to help alleviate the backlog of indigent Florida residents needing legal assistance. The campaign slogan, 'one client, one attorney, one promise' is aimed at getting all lawyers to take at least a single pro bono case. . . . A current report by the Legal Services Corporation states that for every one poor person receiving help through a legal aid program, another is turned away."
PIONEER ATTORNEY HONORED LINCOLN EVERY YEAR-- The Miami Herald, column, http://www.miamiherald.com, Oct. 24, 2009.
The column by Dorothy Jenkins Fields, a historian and founder of the Black Archives, History and Research Foundation of South Florida Inc., states: "Observances commemorating the 200th birthday of Abraham Lincoln, the 16th president of the United States, are being held throughout the country. Each will present the Emancipation Proclamation issued by Lincoln on Jan. 1, 1863. This document authorized the freeing of all black slaves in Florida and territories held by the Confederates. . . . Miami's first black attorney, Richard E.S. Toomey, was 3 years old when the final Emancipation was issued. . . . In 1997, Attorney H.T. Smith spearheaded the placing of a headstone marking Toomey's grave. A decade later, Toomey was among those recognized by Chief Justice Peggy Quince of the Florida State Supreme Court in the book, 'Florida's First Black Lawyers (1869-1979)'."
--Judiciary--
JUSTICE SCALIA: RIVAL DOCTRINE SEEKS RIGIDITY-- The Miami Herald, http://www.miamiherald.com, Oct. 27, 2009.
U.S. Supreme Court Justice Antonin Scalia says those who want modern-day legal interpretations to view the U.S. Constitution through contemporary lenses are seeking rigidity, not flexibility, in the country's justice system. Scalia is well-known as a strict constructionist in his interpretation of the Constitution. He told a Tucson, Ariz., audience Monday [Oct. 26] that the rival approach favors sweeping judicial decrees to shape society "coast to coast" on issues such as abortion, rather than seeking to pass laws state by state.
--Civil Justice Issues--
PUBLIC RECORDS LAWS MUST APPLY TO ELECTRONIC COMMUNICATION VIA NEW TECHNOLOGIES-- The Stuart News, editorial, http://www.tcpalm.com, Oct. 27, 2009.
The editorial states: "New communication technologies have improved the efficiency of governments at all levels. But in Florida, which has some of the most progressive open-government and public records laws in the nation, new technologies also are creating new tensions and challenges. Three staff members at the Florida Public Service Commission were disciplined last month for giving their BlackBerry personal identification numbers to a lobbyist with Florida Power & Light. Because the PSC had no system in place to capture and retain electronic communications transmitted on BlackBerry devices, the incident set in motion a statewide conversation about new technologies and public records law. It’s an important conversation for us to have, says Barbara Petersen, president of the First Amendment Foundation."
--Criminal Justice Issues--
FEDERAL APPEALS COURT SIDES WITH KUEHNE-- Daily Business Review, http://www.dailybusinessreview.com, Oct. 26, 2009.
A federal appellate court ruled Monday [Oct. 26] in the prosecution of Miami attorney Ben Kuehne that criminal defense lawyers can’t be charged with taking ill-gotten proceeds from defendants as legal fees. The 11th U.S. Circuit Court of Appeals affirmed a decision by U.S. District Judge Marcia G. Cooke, who dismissed a money laundering conspiracy count against the attorney for vetting money that went to Miami celebrity attorney Roy Black to defend Colombian drug kingpin Fabio Ochoa.
STATE COURT TO RULE ON JUVENILE SHACKLING-- Highlands Today, http://www.highlandstoday.com, Oct. 25, 2009.
Juvenile and adult defendants entering the Highlands County Courthouse are treated the same when it comes to shackling - all wear them. It's done to eliminate the flight risks, said Highlands County Sheriff's Capt. Jeff Barfield. He said the only difference is juveniles are kept in a separate holding facility where they are out of sight and out of earshot of all adults. Currently, Florida lawmakers are waiting on the Florida Supreme Court to rule on a proposal to change shackling rules for juvenile offenders so they can determine whether they need to address the issue during the 2010 legislative session.
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[Revised:
07-01-2005
]