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 03, 2024
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The Florida Bar
APPLICANTS SOUGHT TO FILL JQC VACANCIES
The Florida Bar | Article | September 03, 2024
The Board of Governors is seeking applicants to fill two vacancies on the Florida Judicial Qualifications Commission. The vacancies will be filled during the Board of Governors’ December 13 meeting. Lawyer applicants must be members of the Bar and in good standing. Applications will be accepted until the close of business on Monday, October 14, 2024. Resumes will not be accepted in lieu of the required application. The Board of Governors will review all applications and may request telephone or personal interviews. Persons interested in applying for these vacancies may download the Application for Special Appointment or call Bar headquarters at 850-561-3127, to obtain the application form. Completed applications must be received by the Executive Director, The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida, 32399-2300 or submitted via e-mail.
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Legal Discipline
FLORIDA SUPREME COURT DISCIPLINES FIVE ATTORNEYS STATEWIDE, DISBARRING ONE
Palm Beach Post | Article | August 31, 2024
The Florida Supreme Court recently disciplined five attorneys — suspending two, imposing an emergency suspension on one, disbarring one and revoking the license of one. The attorneys represent law practices from across the state and include disbarred attorney Rasheed Karim Allen-Dawson of Claremont. After being suspended from practice by order of the Supreme Court of Florida, Allen-Dawson failed to provide notice of his suspension to all clients and courts as required. Allen-Dawson also continued engaging in the practice of law after the effective date of his suspension in violation of the order of the high court. Jacksonville attorney Shaquandra Arita Woods received a disciplinary revocation with leave to reapply for readmission after she was found guilty on charges of conspiracy to commit wire fraud. Three attorneys received suspensions including Clearwater’s Charles Edwin Lykes Jr., Miami’s Willishia Brenay Plant, and Larry Powers Jr., of New Smyrna Beach, who received an emergency suspension in recent orders.
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Civil Justice
JACKSONVILLE STATE ATTORNEY SEEKS $130K FROM ACTIVIST WHO LOST RECORDS LAWSUIT, CITING A RARELY-USED LEGAL PROVISION
The Tributary | Article | August 30, 2024
Curtis Lee, a Jacksonville public-records activist who sued the Fourth Judicial Circuit State Attorney’s Office, could now face a six-figure bill in a case that may redefine the landscape of open-records litigation in the Sunshine State. Lee sued the State Attorney’s Office in 2020 for alleged violations of public records laws. Not only did he lose his case, but he now faces the prospect of paying the agency’s legal bills, a sum the state says exceeds $130,000. This case represents one of the first major tests of a 2017 amendment to Florida’s public records laws. That amendment allows government agencies to seek reimbursement for legal costs if they can prove a records request or lawsuit was made for “an improper purpose.” The outcome of Lee’s case could set a precedent that shapes how public records laws are interpreted and enforced across Florida, potentially discouraging future records lawsuits, advocates warn.
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Civil Justice
WHILE FLORIDA’S 3RD DCA SITS ON THE BISCAYNE 21 CASE, THE CONDO MARKET IS COLLAPSING
Florida Politics | Article | September 01, 2024
Florida’s 3rd District Court of Appeal has yet to rule on a case involving Miami condominium, Biscayne 21, a case that stakeholders in Florida’s condo market say could have ramifications for every condo owner in the state. The case centers on modifications to condo laws that lawmakers have passed, including the recent implementation of new requirements for integrity inspections. As the Jan. 1 deadline for meeting these new requirements approaches, unit owners are learning that their buildings require significant and costly structural reinforcements. Condo owners at Biscayne 21, in search of options, invited developers to bid on the site and subsequently elected to begin the process of terminating their HOA. Although 96% of the 192 units at Biscayne 21 opted to sell their unit—well above the 80% threshold lawmakers have passed since the 60s, when Biscayne 21 was built, the holdouts argued that the HOA remains subject to the building’s original charter, which requires 100% homeowner approval to terminate the HOA. As it currently stands, the lower court ruling has set a precedent in condo law favoring the holdouts, and it remains to be seen whether this precedent will stand.
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Legal Aid
PRO BONO OPPORTUNITY IN FEDERAL COURT
Jacksonville Daily Record | Article | September 03, 2024
The U.S. District Court for the Middle District of Florida Jacksonville Division has a prisoner civil rights case in which the court seeks to appoint counsel to represent the plaintiff. The plaintiff alleges defendants, five officers at Florida State Prison, used unnecessary force against him causing serious injuries that required treatment at an outside hospital. The plaintiff needs an attorney for resolution through settlement or trial if necessary. The case is Miller v. Willis, et al., 3:21-cv-832-BJD-MCR. Contact Jacksonville Division Manager Jim Leanhart at 904-549-1983 or [email protected] to learn more.
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Judicial Discipline
A BULLYING BROWARD JUDGE DESERVES TOUGH DISCIPLINE
Sun Sentinel | Editorial | August 31, 2024
The Sun Sentinel Editorial Board writes: “A Broward judge awaits punishment from the Florida Supreme Court in a case marked by bullying and retaliatory conduct in an ugly election. . . The Judicial Qualifications Commission found that Levey Cohen twice acted improperly in her 2022 judicial campaign [against Sunrise lawyer Kaysia Earley] in violation of the Code of Judicial Conduct . . . In [one incident], Levey Cohen sent correspondence to a Lauderhill church that supported Earley, with a copy of a complaint the judge filed with the Internal Revenue Service, challenging the church’s tax-exempt status. The manila envelope sent to the church carried the fake return address, “IRS EO Classification,” in Dallas, Tex., falsely making it appear that the complaint was sent by the IRS. ‘The Commission believes that the purpose of the correspondence was to retaliate against the group for its support of her election opponent,’ the JQC said in a report dated July 8.”