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.
July 23, 2010
--Judiciary--
SOUTH FLORIDA FEDERAL PUBLIC DEFENDER KATHLEEN M. WILLIAMS NOMINATED TO BECOME FEDERAL JUDGE-- Miami Herald, http://www.miamiherald.com, July 23, 2010.
South Florida's longtime federal public defender, Kathleen M. Williams, was nominated to become a federal judge Wednesday [July 21] by President Barack Obama. Williams, if confirmed by the U.S. Senate, will fill the vacancy left by retired U.S. District Judge Shelby Highsmith.
--Legal Profession--
SINCE START OF DOWNTURN, MORE PEOPLE REPRESENTING THEMSELVES IN COURT-- The Washington Post, http://www.washingtonpost.com, July 19, 2010.
The economic downturn has sent more people into the court system at a time when they are less able to afford representation and fewer organizations have the resources to provide it pro bono or at a reduced cost. More than half of judges surveyed by the American Bar Association reported that an increase in foreclosure filings, domestic relations disputes, consumer cases and other housing-related matters have created an influx of cases since the beginning of the downturn. The parties in these cases are increasingly showing up without an attorney and do so to their own detriment, a report released last week by the ABA noted.
CANDIDATE CALLS FOR OPPONENT TO RESIGN FROM AKERMAN SENTERFITT-- Daily Business Review, http://www.dailybusinessreview.com, July 23, 2010.
Another Akerman Senterfitt attorney running for state office finds himself tarred by the law firm’s BP connection. Dr. Jeffrey Solomon, a Democratic contender for a state House seat, is calling for his opponent, Akerman lawyer-lobbyist Jose “Pepi” Diaz, to resign. Diaz said he has nothing to do with BP’s legal work and has no intention of resigning. He insists voters don’t care that he works for BP’s law firm, saying, “when I knock on doors, people ask about job creation, access to health care, government waste and corruption and improving our education system. For him to attack me on this issue is a desperate move. It’s preposterous.” He says if he is elected and legislation involving BP comes up, he will seek a legal opinion on whether he must recuse himself.
--Lawyer Ethics/Legal Discipline--
FLORIDA BAR PLANS TO FILE COMPLAINT AGAINST TAMPA JUDICIAL CANDIDATE-- St. Petersburg Times, http://www.tampabay.com, July 23, 2010.
The Florida Bar will file a formal complaint with the state Supreme Court against a judicial candidate accused of violating attorney conduct rules with her campaign tactics. Lanell Williams-Yulee, a private defense lawyer, is challenging Hillsborough County Judge Dick Greco Jr. in her first run for office. In March, a bar grievance committee found probable cause that Williams-Yulee violated five rules during her campaign.
--Civil Justice Issues--
BANKS DECEIVE DISTRESSED BORROWERS, CRITICS SAY-- Daily Business Review, http://www.dailybusinessreview.com, July 23, 2010.
There is a growing number of South Florida homeowners stunned by lenders’ refusals to grant permanent loan modifications under HAMP after borrowers made payments during, and often, beyond the trial period. Howard Ullman, of Family Counseling Law Firm in Deerfield Beach, said the “deceptive” practice has become common among major lenders that have received millions in federal bailout money and participate in the Home Affordable Modification Program program. Ullman said banks only offer the trial modifications because they are required to by federal regulations and because lenders are under regulatory and political pressure to work with borrowers. He and others contend that the trial modifications also help lenders by delaying some foreclosures and netting them revenue. He said lenders don’t really want to modify the loans and their motivation all along is to foreclose.
CIRCUIT JUDGE HEARS CHALLENGE TO HOMESTEAD TAX EXEMPTION PLAN-- The Lakeland Ledger, http://www.theledger.com, July 23, 2010.
Circuit Judge John Cooper is expected to rule today. Amendment 3, approved by lawmakers in 2009, would allow buyers who have not owned a home for eight years the opportunity to receive a homestead exemption on some new property, but only if they purchased it after Jan. 1, 2010. Representing the Florida AFL-CIO and a Jacksonville homeowner who doesn't qualify for the exemption, Tallahassee lawyer Barry Richard urged Cooper to throw out the ballot question, saying it leads voters to believe the benefits will be extended to homeowners who in actuality are not eligible. Any ruling is likely to work its way up the appellate chain to the Florida Supreme Court.
COURT SYSTEM STARTS RESIDENTIAL MORTGAGE FORECLOSURE MEDIATION-- Daytona Times, http://www.daytonatimes.com, July 23, 2010.
Homeowners facing new foreclosure actions on their homestead residences in Flagler, Putnam, St. Johns and Volusia counties now will be referred to mediation. Late last year, the Florida Supreme Court ordered courts to implement residential mortgage foreclosure mediation programs to help deal with the state’s foreclosure crisis. Officials believe mandatory mediation will help homeowners stay in their homes while also keeping caseloads at bay.
PLAINTIFF ATTORNEYS WANT FEINBERG TO DISCLOSE BP PAY-- Daily Business Review, http://www.dailybusinessreview.com, July 23, 2010.
South Florida plaintiff attorney Ervin Gonzalez active in oil spill litigation is calling on the administrator of BP’s $20 billion compensation fund to disclose how much the oil giant is paying him and to stop discouraging victims from seeking legal representation. Gonzalez is part of an ad-hoc committee of about a dozen plaintiff attorneys representing oil spill victims who plan on meeting with Feinberg’s law partner, Michael Rozen, in New Orleans on Tuesday. He said it is a mistake to compare compensation of the victims for the Sept. 11 attacks to those suffering because of the oil spill. “The notion that this somehow a trick, or a power play, or is anything other than a way to resolve a national tragedy is, I think unfair,” Feinberg said this week. Gonzalez, though, said Feinberg may have violated Florida Bar rules by giving legal advice to those affected by the spill without being licensed in the Gulf states.
--Criminal Justice Issues--
JUDGE PRESTON SILVERNAIL WARMS TO INNOCENCE COMMISSION-- Florida Today, http://www.floridatoday.com, July 23, 2010.
No one was as surprised as Chief Judge Preston Silvernail when he learned he had been named to the newly formed Florida Innocence Commission. Silvernail says the panel is not meant to act as a "witch hunt" focusing on previous cases but rather will work to help the legal system find ways to function more efficiently and adapt to changing scientific breakthroughs.
--Other--
AG ISSUES WARNING ON PHISHING SCAM TIED TO BP OIL SPILL-- Orlando Sentinel, http://www.orlandosentinel.com, July 23, 2010.
Attorney General Bill McCollum Thursday [July 22] issued a consumer advisory warning Floridians about a new "phishing" scam that attempts to victimize people affected by the Deepwater Horizon oil spill disaster. Consumers are urged not to give out any personal information to unfamiliar sources. Consumers can report scams to the Attorney General's Office by calling 866-966-7226 or online at myfloridalegal.com.
JULY 31 WORKSHOP SLATED TO HELP COUNTY RESIDENTS FACING FORECLOSURE-- Citrus Daily, http://citrusdaily.com, July 23, 2010.
The Board of County Commissioners Community Services Housing Division in Citrus County will sponsor a Florida Housing Help Workshop on Saturday, July 31, for residents facing foreclosure on their homes. The workshop will be from 10 a.m. to 3 p.m. at the Citrus County Resource Center.
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[Revised:
07-01-2005
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