The purpose of this summary provided by the Communications Department of The Florida Bar is to present media coverage that may be of interest to members. Opinions expressed in the articles are attributable solely to the authors. The Florida Bar does not adopt or endorse any opinions expressed below. For information on previous articles, please contact the publishing newspaper directly.
May 21, 2018
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Judiciary
JUDGE DENIES REQUEST TO HALT JUDICIAL NOMINATION PROCESS
Jacksonville Daily Record | Article | May 18, 2018
The Fourth Judicial Circuit Court denied a petition from Jacksonville attorney David Trotti seeking to halt the process to select candidates for appointment to replace a judge who is retiring before the end of his term in office. Trotti wants to prevent the Fourth Circuit Judicial Nominating Commission from accepting applications, interviewing applicants and then submitting to Gov. Rick Scott candidates to replace Circuit Judge Robert Foster. On May 3, Trotti filed as a candidate for Foster’s Group 6 seat. Circuit Judge Waddell Wallace signed an order Thursday [May 17] denying Trotti’s petition, finding that Trotti could not demonstrate that he is likely to prevail on the merits of the case in Leon County.
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Judiciary
5 JUDGES VYING TO REPLACE MIAMI-DADE CIRCUIT JUDGE SARAH ZABEL
Daily Business Review | Article | May 18, 2018
Five South Florida jurists are in the running to replace Miami-Dade Circuit Judge Sarah Zabel, according to the Eleventh Circuit Judicial Nomination Commission. Miami-Dade County Court Judges Alexander S. Bokor, Tanya J. Brinkley, Renatha Francis, Carlos M. Guzman and Andrea Ricker Wolfson are among five finalists for the position. Assistant Federal Public Defender Ayana N. Harris rounds off the list submitted to Gov. Rick Scott. Zabel resigned amid an investigation by the state Judicial Qualifications Commission, which examines allegations of misconduct by state judges.
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Judiciary
DRUG COURT HELPS ADDICTS REGAIN HOPE; GRANTS TO EXPAND COLLIER THERAPY PROGRAM
Naples Daily News | Article | May 19, 2018
The David Lawrence Center in East Naples received a $360,000 federal grant to expand drug court by 90 people over three years, said Beverly Beli, director of adult community services at the mental health center. It’s the first federal grant since 2014, she said; and the county is adding $163,000 to it. The mission of the center is to help people who have been arrested for nonviolent drug offenses get off drugs and reintegrate — with probation — in the community. They still pay court charges, and treatment expenses can be on a sliding-scale basis.
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Legal Profession
FORMER THIRD DCA JUDGE GREEN CONSIDERED A TRAILBLAZER
Daily Business Review | Article | May 21, 2018
Profile of retired Third District Court of Appeal Judge Melvia B. Green. Role model, legal legend, pacesetter and trailblazer are words frequently used to describe Green, who in 1980 became the first African-American female assistant U.S. attorney to practice in the Southern District of Florida. In 1989, she became the first African-American female circuit judge to preside in the state and the first (and only) African-American female circuit judge to preside in Miami-Dade Circuit Court. She was appointed to Florida’s Third District Court of Appeal in 1994. Green retired from the judiciary in 2008.
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Civil Justice Issues
FLORIDA SUPREME COURT REJECTS CHALLENGE OF FPL RATE HIKE
South Florida Sun-Sentinel | Article | May 17, 2018
The Florida Supreme Court on Thursday [May 17] ruled in favor of the state commission that regulates utilities over an environmental group that challenged a rate hike by the Florida’s largest electricity provider. The court ruled that the Public Service Commission properly approved Florida Power & Light ‘s $881 million rate hike in 2016. The Sierra Club challenged the PSC’s rate hike approval, saying FPL’s didn’t consider renewable energy options when it decided to upgrade a gas-powered plant.
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Civil Justice Issues
JUDGE TO DECIDE FLORIDA BAN ON SMOKABLE MEDICAL MARIJUANA
Ocala Star Banner | Article | May 17, 2018
Attorneys for People United for Medical Marijuana and Florida United for Care, supporters of a 2016 ballot measure, argued in court last week that Florida lawmakers are violating the state constitution by banning the smoking of medical marijuana. Two years ago, voters overwhelmingly approved a constitutional amendment that expanded the use of medical marijuana in the state. But it also allowed Florida to regulate the practice and Gov. Rick Scott and the Legislature last year enacted a law that bans patients from smoking marijuana. Lawyers for the groups said the state law conflicts with the constitutional amendment and the intent of voters.
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Civil Justice Issues
16 FLORIDA LAWYERS FACE WRATH OF ORLANDO JUDGES OVER ‘VAGUE, BOILERPLATE’ ADA LAWSUITS
Orlando Sentinel | Article | May 18, 2018
Federal judges in Orlando say they want to know why 16 attorneys have repeatedly ignored rules about filing lawsuits over wheelchair access to businesses in Central Florida. U.S. District Judge Roy B. Dalton recently opened a case ordering the 16 lawyers – mostly from the Miami area – to show why they shouldn’t be fined or banned from filing similar cases in the future. Hundreds of lawsuits have been filed in Orlando federal courts alleging that local businesses violate the Americans with Disabilities Act – by not having wheelchair ramps or wheelchair accessible bathrooms. The lawsuits most often settle after businesses make a payment.
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Criminal Justice Issues
SHOULD NAMES OF JURORS BE KEPT HIDDEN FROM DEFENDANTS, THE PUBLIC?
South Florida Sun-Sentinel | Article | May 18, 2018
When a Palm Beach County felon recently spelled out the names of his jury in a jailhouse call, and suggested they needed to “pray,” it set off a panic. The judge tried to assure the six jurors after their guilty verdict that “nothing bad is going to happen or has happened.” He also called the episode “unsettling” and suggested something needs to change to prevent a repeat with another jury. While judges can keep juror identities a secret from the public in certain cases, it’s been more than two decades since Florida lawmakers debated a bill to keep juror names private in all criminal courts. Judge Colbath told the South Florida Sun Sentinel it’s time again to study whether there are ways to balance public and media access with protecting juror privacy.
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Criminal Justice Issues
EDITORIAL: ORANGE-OSCEOLA STATE ATTORNEY ARAMIS AYALA’S BAIL-REFORM INITIATIVE IS WORTH PURSUING THROUGHOUT FLORIDA
Orlando Sentinel | Editorial | May 18, 2018
“Jails across the state are full of people who are low-flight risks awaiting trial on minor offenses — simply because they can’t afford to post bail. Orange-Osceola State Attorney Aramis Ayala calls it the ‘poverty penalty.’ This past week she announced a new policy, starting June 1, that her prosecutors won’t ask judges to impose bail on people charged with nonviolent crimes in most cases. Ayala’s policy, if it’s properly administered, will not only be better for petty offenders who aren’t flight risks or threats to the public. It’ll also be better for taxpayers as well as public safety. Ideally, her initiative will spur legislators to take another crack at bail reform on the state level.”