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.
September 21, 2023
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The Florida Bar
LEGAL SERVICES OF NORTH FLORIDA AWARDED $481,000 TO BOOST PRO BONO SERVICES
The Florida Bar | Article | September 21, 2023
The Legal Services Corporation (LSC) has granted $481,386 to Legal Services of North Florida (LSNF) as part of the “Pro Bono Innovation Fund.” LSNF is one of 17 legal aid organizations chosen to receive a grant from LSC’s $5 million fund aimed at improving pro bono legal services for low-income Americans. The grants come as a response to a significant justice gap where 92% of low-income individuals lack access to adequate legal assistance for their civil legal issues. LSNF intends to revamp its pro bono program across its 16-county service area, increasing both client access and volunteer legal assistance. The grant will fund a pilot project focused on estate planning pro bono services. LSC has awarded 139 grants totaling over $40 million since establishing the Pro Bono Innovation Fund in 2014, supporting initiatives to address critical unmet legal needs.
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Legal Discipline
TORRES: IT’S OFFICIAL. PROSECUTOR GUILTY OF MISCONDUCT CANNOT PRACTICE LAW FOR TWO YEARS
Florida Today | Article | September 21, 2023
Assistant State Attorney Bryon Aven has been suspended from practicing law for two years by The Florida Bar for presenting and encouraging false testimony during a 2022 battery case in Brevard County. The suspension followed a plea agreement between Aven and The Florida Bar. Aven’s actions during the 2022 battery trial involved knowingly presenting false information that contradicted a surveillance video he admitted into evidence but did not show to the jury. Aven had previously faced reprimands and job loss related to his conduct. While Aven’s suspension is for two years, reinstatement is not automatic, and he will have to prove his fitness to practice law after the suspension period.
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Civil Justice
LAWMAKERS, EX-JUSTICES BACK SUSPENDED PROSECUTOR
News Service of Florida | Article | September 20, 2023
Current and former Democratic lawmakers and ex-Florida Supreme Court justices have filed two friend-of-the-court briefs supporting the reinstatement of suspended Orlando-area State Attorney Monique Worrell. These briefs, submitted on Monday [Sep 18], argue that Governor Ron DeSantis exceeded his authority when suspending Worrell and call for her return to office. One brief, signed by 121 officials from around the country, including former Florida Supreme Court justices, claims that DeSantis’s suspension endangers justice administration in Florida and sets a dangerous precedent. The other brief, filed by current and former Florida elected officials, including 10 current Democratic state House members, asserts that a governor’s suspension power should be used sparingly and only in cases of substantial misconduct. Worrell was suspended on August 9, 2023, by DeSantis, who accused her of allowing policies that permitted certain offenders to evade incarceration.
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Civil Justice
FLORIDA REDISTRICTING FIGHT SET TO BE HEARD BY FEDERAL THREE-JUDGE PANEL
News Service of Florida | Article | September 20, 2023
A federal lawsuit, scheduled to be heard by a three-judge panel next week, alleges that Florida’s congressional redistricting plan, supported by Governor Ron DeSantis and passed by the Republican-controlled Legislature last year, is racially discriminatory and violates the U.S. Constitution. The plan in question overhauled a North Florida district that had previously elected a Black Democrat, Al Lawson. The plaintiffs, including the NAACP and Common Cause Florida, claim “intentional discrimination” and violations of the 14th and 15th Amendments of the U.S. Constitution, which ensure equal protection and prohibit voting rights discrimination based on race. Governor DeSantis vetoed a proposal that could have elected a Black candidate in the district, leading to accusations of unconstitutional intent. The federal trial comes after a state judge ruled that the redistricting plan violated part of the Florida Constitution, a decision that is also being appealed.
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Criminal Justice
FEDERAL APPEALS COURT ASKED TO HALT EXECUTION OF FLORIDA KILLER
News Service of Florida | Article | September 20, 2023
Attorneys for convicted murderer Michael Duane Zack, scheduled for execution on October 3, have requested a stay of execution from the 11th U.S. Circuit Court of Appeals, alleging that he was excluded from a clemency process vital to his case. In a 26-page motion filed after a rejection by federal district Judge Robert Hinkle, Zack’s attorneys argue that he was diagnosed with Fetal Alcohol Syndrome (FAS), now recognized as identical to intellectual disability, which makes execution unconstitutional. They contend that since Zack’s 2014 clemency interview, he hasn’t had the chance to present new medical evidence about FAS. The motion claims Zack is not seeking a second chance but highlighting new information. Zack faces execution for a 1996 murder, with FAS playing a crucial role in his appeals.