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.
Sept. 3, 2008
--Legal Profession--
GUARDIANS ADVOCATE FOR VICTIMS OF ABUSE, NEGLECT-- Ocala Star Banner, http://www.ocala.com, Sept. 3, 2008.
Mary Stone retired in 1990 after years of doing "a little bit of everything." She had been a paralegal, and owned a campground, beauty salon and landscaping company, all while raising six children. In 2002, her maternal instincts led her to volunteer with the Fifth Judicial Circuit Guardian ad Litem program, a network of advocates for abused or neglected children. Parents of sheltered children are required to appear before a judge within 24 hours of their children being removed from the home. There is no arrest made, and parents appear in civil rather than criminal court. It is during this time that the guardians begin their work, speaking on behalf of the children and in the best interest of the children, Stone said.
--Civil Justice Issues--
STATE SUPREME COURT TO HEAR ARGUMENTS ON TAX-SWAP PLAN-- Florida Capital News, http://www.floridacapitalnews.com, Sept. 3, 2008. [Also: FLORIDA SUPREME COURT TO HEAR ARGUMENTS ON AMENDMENT 5 TODAY-- Sun-Sentinel, http://www.sun-sentinel.com, Sept. 3, 2008; SCHOOL BOARD OFFICIALS FROM ACROSS FLORIDA MEET TO DISCUSS BALLOT ISSUES-- Treasure Coast Newspapers, http://www.tcpalm.com, Aug. 30, 2008].
From Florida Capital News: The state Supreme Court is set to hear arguments today on several topics, including a far-reaching tax-swap plan that evokes strong feelings on both sides. A Leon County circuit judge last month ordered Amendment 5 off the Nov. 4 ballot, saying the proposal did not alert voters to the entirety of the Amendment's effects. Supporters appealed, contending that the title and summary — read together — inform the average voter that the amendment repeals the school-support portion of county property taxes while forcing the Legislature to come up with replacement money. The high court also scheduled arguments on Amendments 7 and 9, which would let voters reinstate tuition vouchers.
FLORIDA AG REACHES SETTLEMENT WITH WEB SITE MARKETER-- Jacksonville Business Journal, http://jacksonville.bizjournals.com, Sept. 3, 2008.
The Florida Attorney General's Economic Crimes Division has reached a settlement with two Web site marketers that could be worth more than $250,000. The agreement resolves allegations that Utah-based StoresOnline and its parent company, iMergent, used deceptive practices to get consumers to buy expensive Web site-creation products and services. As part of the deal, the companies must change their marketing practices and refund more than 150 Florida consumers who filed complaints about them. They must also offer refunds to Floridians who complain about them in the next 18 months.
--Criminal Justice Issues--
LAKE COUNTY OKs PLAN TO EASE COURT WORKLOADS-- Orlando Sentinel, http://www.orlandosentinel.com, Sept. 3, 2008.
Lake County commissioners voted 3-1 on Tuesday [Sept. 2] to shoulder the cost of a new court program that could ease the burden of overwhelmed prosecutors and public defenders and possibly relieve jail crowding. The early-intervention program, pitched jointly by Public Defender Howard "Skip" Babb and State Attorney Brad King, would cost Lake County taxpayers about $180,000 a year in salaries and benefits, but it could save the county $1.5 million a year in the long run, Babb said. The program's primary objective is to resolve misdemeanor criminal cases quickly, perhaps as early as an offender's first court appearance.
STRUGGLE TO FIND JURY IN BEATING-- The Miami Herald, http://www.miamiherald.com, Sept. 3, 2008.
Jury panel after jury panel has marched straight-faced into Broward Judge Cynthia Imperato's courtroom saying they could be impartial and fair hearing the case of two teens accused of beating a homeless man to death in 2006. However, it usually doesn't take long before bias -- and sometimes anger -- begins to show after brief questioning from attorneys. In all, more than 500 prospective jurors have been questioned since June, but fewer than a dozen have made the cut for further questioning. Now the highly publicized case may be headed to North or Central Florida, a move that hasn't happened in Broward in 30 years.
FOUR ACCUSED OF SWINDLING $1 MILLION FROM UNDOCUMENTED IMMIGRANTS-- Sun-Sentinel, http://www.sun-sentinel.com, Sept. 3, 2008.
Federal officials arrested four people, accusing them of swindling more than $1 million from undocumented immigrants seeking residency. The U.S. Attorney's Office charged them all with conspiracy to commit mail and immigration fraud. Audie Watson headed Universal Services Dedicated to God Inc. in Tamarac, which charged immigrants $1,500 to $2,000 to become members of the Pembina Nation Little Shell Tribe, according to court records. Immigrants bought memberships believing that would allow them to legally stay and work.
--Other--
RECOUNT END: TALLYING TOTALS BY HAND ON LEGAL PAD-- The Palm Beach Post, http://palmbeachpost.com, Sept. 3, 2008. [Also: THE BALLOTS ARE MISSING, SO START FINDING ANSWERS-- The Palm Beach Post, editorial, http://www.palmbeachpost.com, Sept. 3, 2008].
Midnight slid away and the marathon judicial race recount continued into the dead of night. Chairman Barry Cohen and fellow canvassing board members - Palm Beach County Commissioners Addie Greene and Mary McCarty - sat before a table stacked with papers and folders, with a stenographer typing their every word. They vetted ballots - adding, subtracting, adding, subtracting. Toward 1:30 a.m., McCarty tallied final totals by hand on her legal pad, called out for someone to double-check her math, and kept adding. Finally incumbent Circuit Judge Richard Wennet was declared the winner by 60 votes, defeating William Abramson. The canvassing board adjourned with no exploration of disparities in the numbers before them even though the number of both votes and ballots had dwindled since election day. Anderson's office acknowledged Tuesday [Sept. 3] that roughly 3,400 ballots were missing, ballots that counted during last week's election but didn't turn up in the recount.
AL-ARIAN, EX-USF PROFESSOR RELEASED FROM PRISON-- St. Petersburg Times, http://www.tampabay.com, Sept. 3, 2008. [Also: AL-ARIAN GAINS RELEASE-- The Tampa Tribune, http://www.tbo.com, Sept. 3, 2008; KEY EVENTS IN AL-ARIAN CASE-- The Tampa Tribune, http://www.tbo.com, Sept. 3, 2008].
From the St. Petersburg Times: After almost six years in federal custody, former University of South Florida engineering professor Sami Al-Arian set foot outside prison Tuesday afternoon [Sept. 2]. Al-Arian, 50, had been held by immigration authorities pending his trial on contempt charges for refusing to testify before a federal grand jury in Virginia. A federal judge had ordered Al-Arian released on bail in mid July, but officials from Immigration and Customs Enforcement took him into custody. The release of the former University of South Florida professor came as a surprise after ICE officials suddenly "elected to release Dr. Al-Arian" Tuesday, after a petition by his attorneys that his continued incarceration violated his constitutional rights. For the time being, Al-Arian still faces trial on the contempt charge, but federal judge Leonie Brinkema ordered the criminal contempt trial postponed indefinitely so that the U.S. Supreme Court could consider the case.
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[Revised:
07-01-2005
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