June 06, 2023

1. The Florida Bar

   FLORIDA BAR NEWS BRIEFS HIGHLIGHTS THE BAR’S NEW ‘COUNSEL TO COUNSEL’ MENTORING PROGRAM

   The Florida Bar | Article | June 06, 2023

   The latest edition of Florida Bar News Briefs, a weekly podcast dedicated to what’s happening in the legal profession, is now available with stories including: The Florida Bar’s launch of Counsel to Counsel, a unique mentorship program facilitated virtually through the MentorcliQ software; Dade Legal Aid’s “Nuts & Bolts of Divorce Family Law” seminar drawing 120 participants; and the Supreme Court’s approval of amendments that could one day pave the way for a shift to all-electronic balloting in Bar elections. The Florida Bar News Briefs is a product of The Florida Bar Journal & News Department.

   Also in The Florida Bar News:

   • FAMILY LAW SECTION HOSTING TRIAL ADVOCACY WORKSHOP JULY 13-16 IN ORLANDO

   • OFFICE OF JUDGES OF COMPENSATION CLAIMS HONORS MEREDITH MCAVOY’S PROFESSIONALISM

   • RICHARDSON JOINS OTHER FELLOWS OF THE AMERICAN COLLEGE OF TRIAL LAWYERS TO PRESENT TRIAL ADVOCACY PROGRAM IN POLAND

2. Legal Discipline

   A FLORIDA LAWYER SPENT PART OF A $1.6 MILLION FRAUD ON A JET, HOUSE AND A TRUMP GOLF CLUB

   Miami Herald | Article | June 05, 2023

   Palm Beach Gardens lawyer Derek Acree gave up his freedom to practice law a few months after pleading guilty to one count of conspiracy to commit wire fraud. Acree illegally acquired $1.6 million of government funds by lying on applications for Paycheck Protection Program loans during the COVID-19 pandemic for three companies. He’s also been ordered to pay $1,262,600 in restitution. The Florida Supreme Court granted Acree’s request for disciplinary revocation on April 27. He can apply for readmission in five years — or, just over three years after his scheduled release from prison.

3. Judiciary

   FLORIDA SUPREME COURT TO RULE ON DISCIPLINE FOR BROWARD CIRCUIT JUDGE

   Daily Business Review | Article | June 05, 2023

   Broward Circuit Judge Elizabeth A. Scherer, who presided over the high-profile death penalty proceedings involving mass shooter Nikolas J. Cruz, was hit with a public reprimand recommendation after she did not contest the findings and recommendations of the Investigative Panel of the Florida Judicial Qualifications Commission (JQC). The commission found that Scherer exhibited conduct that was, at times, “intemperate and gave the appearance of partiality to the prosecution.” The JQC took issue with several actions throughout the penalty phase and at sentencing in the Cruz trial and asserted in the formal charges filing that Scherer violated several canons of the Code of Judicial Conduct. On May 10, Scherer submitted her resignation letter with an effective date of June 30, 2023. Now, it will be up to the Florida Supreme Court to either accept or deny the stipulation of public reprimand that Scherer has agreed to.

4. Criminal Justice

   FLORIDA SUPREME COURT WON’T BLOCK EXECUTION OF PALM BEACH COUNTY MURDERER AND RAPIST

   News Service of Florida | Article | June 05, 2023

   Rejecting arguments about Death Row inmate Duane Owen’s mental competency, the Florida Supreme Court, on Monday [June 5], refused to block next week’s planned execution of Owen in the 1984 murder of a Palm Beach County woman. Justices unanimously upheld a circuit judge’s ruling that, in part, found issues about Owen’s competency were addressed in earlier appeals. Also, the Supreme Court denied a request by Owen’s attorneys for a stay of execution. As an example, the Supreme Court ruled that a claim by Owen about brain damage “does not constitute newly discovered evidence” under legal tests. It cited arguments about brain damage as far back as 1997. Justice Jorge Labarga was recused from the case. The execution is scheduled for June 15 at Florida State Prison.

5. Civil Justice

   MIAMI TO HOST FTX MULTIDISTRICT LITIGATION, SIGNATURE BANK AND SILVERGATE BANK EXCLUDED

   Daily Business Review | Article | June 05, 2023

   On Monday [June 5], the U.S. Judicial Panel on Multidistrict Litigation consolidated dozens of FTX cases, transferring them to U.S. District Judge K. Michael Moore in the Southern District of Florida. Lawyers for the celebrity defendants had opposed coordinating the FTX cases into multidistrict litigation, as well as Silvergate Bank and Signature Bank, both of which collapsed earlier this year, who asked that cases against them be excluded. But most of the defendants had supported coordinating the cases. Other plaintiff lawyers who sued FTX’s financial backers and banks in California had opposed an MDL, arguing that the lawsuits should remain in Silicon Valley, home to the venture capital funds that supported FTX and co-founder Samuel Bankman-Fried’s hedge fund. The panel agreed to exclude the lawsuits against Signature Bank and Silvergate Bank, but insisted multidistrict litigation was necessary because the central figures in the cases were Bankman-Fried and FTX.

6. Civil Justice

   AFTER RACIAL GERRYMANDERING RULING, RESIDENTS CAN GET INVOLVED IN MIAMI’S NEW DISTRICT MAP

   WLRN 91.3 FM | Article | June 05, 2023

   Last month, Judge K. Michael Moore denied the City of Miami’s attempt to hold onto its district map, which has been accused of being “racially gerrymandered,” and now community groups are looking for resident input on their vision for Miami’s next map. The judge agreed with a report that the plaintiffs, represented by the ACLU of Florida, were likely to succeed in their allegation based largely on comments from commissioners during public meetings. The City appealed Judge Moore’s decision on May 31 and requested he hold off on enforcing his order pending the appeal. A non-racially gerrymandered interim map must be in place by Aug.1 to have enough time before the local elections in November, according to a Friday [June 2] scheduling order by Judge Moore. After the November election, the parties are still expected go to a full jury trial come 2024.

7. Legal Profession

   HOLLAND & KNIGHT ADDS FORMER ENERGY DEPT LAWYER, AS LAW FIRMS SEE DEMAND IN CLEAN ENERGY

   National Law Journal | Article | June 05, 2023

   Holland & Knight is the latest law firm to grow its regulatory infrastructure bench, with the firm on Monday [June 5] announcing that it had hired Ken Cestari, a former deputy chief counsel of the Loan Programs Office of the U.S. Energy Department. Recent federal legislation and the Biden administration’s climate priorities have steered more work to law firms within the clean energy space and prompted a flurry of hires within environmental and other regulatory practices. “The clean energy space has completely exploded,” Cestari said. “There’s a lot of development. There’s a lot of interest in whether people are developing new projects using existing technologies, and they’re trying to advance projects that are using new technologies.” Leaders at Holland & Knight pointed to client demand in the clean energy space, citing investments in renewable energy and clean technology infrastructure in the face of recent federal legislation and policies.

8. Judiciary

   JUDGE CORRIGAN CALLS FOR CIVILITY, ACCOUNTABILITY

   Jacksonville Daily Record | Article | June 06, 2023

   Chief U.S. District Judge Timothy Corrigan closed his May 24 presentation to the Southside Business Men’s Club with a plea for Americans to be more attuned to and aware of the U.S. Constitution. “Only one out of every four adults know what the three branches of government even are,” he said. “Only one in three can name any branch.” Chief Judge Corrigan, who serves in the Middle District of Florida, said “respecting the rights of the Constitution presupposes we know what those rights are.” Asked to describe his role as a federal judge, Corrigan referenced Article III of the U.S. Constitution, which outlines the judicial branch and powers of the federal, appellate and supreme courts. Examples of matters he hears include tax fraud, large-scale drug cases, online sex crimes and violent crimes on federal property.

9. Tech Tip

   MAKE A CUSTOM TEMPLATE IN MICROSOFT WORD FOR COMMON PROJECTS

   The Florida Bar | Article | June 06, 2023

   You can create templates in Microsoft Word for documents you use most. To save a document as a template, navigate to File and select Save As. Depending on your version of Word, you may have to click on “more options” to open a dialogue box with additional save options. Select Word Template in the drop-down Save as Type list. Once you click “save,” your document will automatically be added to the Custom Office Templates folder.