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 25, 2018
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Judiciary
18 APPLY FOR 4TH JUDICIAL CIRCUIT VACANCY
Jacksonville Daily Record | Article | May 24, 2018
The 4th Judicial Circuit Judicial Nominating Commission received 18 applications for the vacancy created by the resignation of Circuit Judge Robert Foster. The candidate pool comprises a Duval County judge, a circuit judge who is serving in Broward County, two magistrates and 14 attorneys in public service and in private practice.
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Civil Justice Issues
COURT OVERTURNS RULING ON PAIN-MANAGEMENT LAW
Health News Florida | Article | May 24, 2018
A three-judge panel of the Second District Court of Appeal on Wednesday [May 23] overturned a ruling that said a state law aimed at cracking down on pain-management clinics was unconstitutional. The court rejected a circuit judge’s conclusion that the law, which passed in 2010 and was revamped in 2011, was unconstitutionally vague. The law, which stemmed from a proliferation of “pill mills” across the state, made it illegal to operate unregistered pain-management clinics. The appeal stemmed from the Pasco County Sheriff’s Office in 2011 executing a search warrant at Harbour Medical Group.
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Legal Discipline
JACKSONVILLE ATTORNEY ANTHONY BLACKBURN DISBARRED
Jacksonville Daily Record | Article | May 25, 2018
The Florida Supreme Court unanimously agreed Thursday [May 24] to disbar Jacksonville attorney Anthony Wayne Blackburn for engaging in sexual activities with two clients while interviewing them in jail. A referee in the case recommended an 18-month suspension for attorney Anthony Wayne Blackburn, who was arrested in September 2016 after visiting two women clients at a pretrial detention facility. The court said he should be disbarred instead of receiving the recommended suspension.
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Civil Justice Issues
INSURANCE RECORDS DISPUTE GOES TO SUPREME COURT
WJXT | Article | May 24, 2018
Two law firms, Danahy & Murray, P.A., and Bennett Dennison, PLLC, are asking the Florida Supreme Court to take up a dispute about the constitutionality of a law that created a public-records exemption for insurance information in two programs overseen by the state Department of Financial Services. The law firms filed an initial brief Thursday [May 24] as they seek to have the Supreme Court overturn a ruling last month by the First District Court of Appeal.
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Criminal Justice Issues
SECOND ‘STAND YOUR GROUND’ CASE FILED AT SUPREME COURT
Florida Politics | Article | May 24, 2018
Attorney General Pam Bondi’s office is asking the Florida Supreme Court to take up a Hillsborough County case that deals with how courts should carry out a change to the state’s “stand your ground” self-defense law. The issue centers on a 2017 decision by lawmakers and Gov. Rick Scott to shift a key burden of proof in “stand your ground” cases from defendants to prosecutors. Also pending before the state Supreme Court is a request to take up the retroactivity issue in a Miami-Dade County case.
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Civil Justice Issues
TRUMP TWITTER RULING PUTS ALL PUBLIC OFFICIALS ON NOTICE, EXPERTS SAY
South Florida Sun-Sentinel | Article | May 24, 2018
A U.S. District Court’s ruling that President Trump cannot constitutionally block Twitter users from engaging his account could leave local politicians open to court challenges, experts say. Jameel Jaffer, the Knight First Amendment Institute’s executive director and the counsel for the plaintiffs in the case against Trump’s Twitter blocking, told The New York Times that the ruling also applies to public officials throughout the country. That includes mayors, governors and members of Congress who regularly use social media platforms like Twitter and Facebook to interact with the public about government business, Jaffer said.
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Civil Justice Issues
STATES ARE PUSHING TO KEEP FEDERAL REGULATION OUT OF SPORTS GAMBLING
New York Times | Article | May 23, 2018
In the wake of a U.S. Supreme Court ruling striking down a ban on sports betting, state gambling regulators are fighting suggestions by major sports leagues that gambling should be overseen at the federal level. A statement issued on behalf of four state regulators by the International Center for Gaming Regulation at the University of Nevada, Las Vegas, concludes that “coordinated action among jurisdictions” is the key to stopping illegal betting. Although the statement was signed only by the gaming control commissioners of four states — Nevada, Massachusetts, Louisiana and Michigan — other states also appear to be at odds with the suggestion of federal oversight.