September 05, 2024

1. The Florida Bar

   FLORIDA’S LOCAL PROFESSIONALISM PANELS REPORT VARIED LAWYER MISCONDUCT IN FIRST FULL REPORTING CYCLE

   The Florida Bar | Article | September 05, 2024

   Florida’s Local Professionalism Panels have filed their first full cycle of mandatory, semi-annual reports since the Supreme Court issued In Re: Code for Resolving Professionalism Referrals last summer. Without naming respondents, the December 2023-June 2024 reports cite behavior that ranged from being rude to a judicial assistant and soliciting clients at a local jail, to a lawyer with suspected “health and wellbeing” issues who exhibited “confusion regarding matters and cases pending before the Court, to include which party the lawyer represented.” The latest Supreme Court order and reporting requirements were prompted by the recommendations of the Bar’s Special Committee for the Review of Professionalism in Florida that was  formed in 2021. Sponsors said one of the goals of the professionalism panels is to correct unprofessional behavior before it leads to formal Bar discipline. In addition to the reporting requirements, the Supreme Court mandated that every Florida Bar member complete a Bar-produced professionalism course.

   Also in The Florida Bar News:

   • GOVERNOR MAKES A BAY COUNTY JUDICIAL APPOINTMENT

   • SUPREME COURT DECLINES TO ERASE ‘ZEALOUS ADVOCACY’ FROM BAR RULES

   • JEAC’S LATEST OPINION ON JUDGES WITH FAMILY TIES TO PROSECUTORS

2. The Florida Bar

   THE FLORIDA JUDICIAL QUALIFICATIONS COMMISSION IS SEEKING APPLICANTS FOR ATTORNEY VACANCIES

   Cape Coral Breeze | Article | September 04, 2024

   The Florida Bar Board of Governors is seeking applicants for two vacancies on the Florida Judicial Qualifications Commission, the vacancies will be filled during the Board’s Dec. 13, meeting. Selected attorneys will serve six-year terms commencing Jan. 1, 2025, and expiring Dec. 31, 2030. Lawyer applicants must be members of The Florida Bar and in good standing. The 15-member commission is authorized under Article V, Section 12, Florida Constitution, to investigate complaints against judges whose conduct demonstrates a present unfitness to hold office and to recommend disciplinary action to the Supreme Court for any judge whose conduct during term of office warrants such discipline. Applications will be accepted until the close of business on Monday, October 14, 2024. Persons interested in applying for these vacancies may download the Application for Special Appointment https://www.floridabar.org/about/bog/bog007/#applications or call Bar headquarters at 850-561-3127, to obtain the application form.

3. Judiciary

   GOV. DESANTIS APPOINTS TRACY SMITH TO BAY COUNTY COURT

   Florida Politics | Article | September 04, 2024

   Gov. Ron DeSantis has appointed Assistant State Attorney Tracy Smith to the bench in Bay County Court. DeSantis named Smith, a prosecutor with the 14th Judicial Circuit since 2020, as the replacement for Judge Joe Grammer, who retired Aug. 31 after 15 years on the bench. Prior to joining State Attorney Larry Basford’s Office, she worked as an insurance and risk manager for the Bay County School Board. DeSantis selected Smith from a group of four applicants whom The Florida Bar’s 14th Judicial Circuit Nominating Commission interviewed and determined were “highly qualified and more than capable to fill the position available.” Grammer informed DeSantis of his intention to step down in May. Smith will now serve the remaining two years of Grammer’s current term.

4. Civil Justice

   RANDY FINE FACES CONTEMPT HEARING OVER ‘OFFENSIVE CONDUCT’ DURING ONLINE COURT APPEARANCE

   Florida Today | Article | September 04, 2024

   State Rep. Randy Fine will face a contempt of court hearing next month after allegedly making obscene gestures and other “offensive conduct” during a recent online court appearance, according to an order filed Tuesday [Sept. 3] by Brevard County Circuit Judge Scott Blaue. Screenshots taken during Fine’s appearance in an Aug. 19 hearing, over a now-dismissed lawsuit against Brevard County Supervisor of Elections Tim Bobanic, appear to show him giving the middle finger and making other gestures at the camera. The order also highlights a courtroom dress code outlined in a list of best practices distributed by The Florida Bar. Fine was wearing a t-shirt advertising his State Senate campaign during the appearance. The hearing is slated for Oct. 1, according to the order.

5. Civil Justice

   JUDGE WEIGHS SCHOOL BOARD ‘PRIVILEGE’ IN BOOK FIGHT

   News Service of Florida | Article | September 04, 2024

   As legal challenges to book removals continue to mount, attorneys on Wednesday [Sept. 4] sparred in federal court about whether Escambia County School Board members should be forced to testify about a decision to bar the children’s book “And Tango Makes Three” from school libraries. School board attorneys told U.S. District Judge Allen Winsor that the board members are shielded by what is known as “legislative privilege” from having to testify. School board attorney Jeffrey Grossholz described the vote to remove the book as “legislative in nature,” but acknowledged that “this is an unsettled area of law.” Attorney Lauren Zimmerman, who represents plaintiffs challenging the book removal, contended that legislative privilege is “an extremely narrow doctrine” that would only apply to questions “that are squarely as to the motivations” of the school board members who voted to remove the book. But Judge Winsor seemed skeptical, saying that legislative privilege would “preclude” plaintiffs’ lawyers from asking questions that seek to determine the officials’ motivations.

6. Legal Profession

   POLK SCHOOL BOARD EXTENDS SEARCH FOR GENERAL COUNSEL, CONSIDERS USING RECRUITING FIRM

   Lakeland Ledger | Article | September 04, 2024

   Polk County School Board held a special session Tuesday [Sept. 3] devoted entirely to discussion of their search to replace School Board attorney Wes Bridges, who announced in June that he would retire after 26 years in the role. At the meeting, the School Board members made it clear that they are not close to having a successor chosen. Polk County Public Schools advertised the position in July on its website, on the job sites LinkedIn and Indeed, on The Florida Bar’s website, with the Florida School Board Attorneys Association and through an advertisement on Facebook, School Board Chair William Allen said. As of Tuesday, the district had received five applications. Only one met the minimum qualifications for the position, School Board member Sara Beth Wyatt said. After much discussion, board members agreed to post new advertisements for the position and decide at their Oct. 8 work session whether they need to hire a search firm to assist in finding qualified candidates.

7. Legal Profession

   RULES AMENDED TO STREAMLINE CASE MANAGEMENT IN FLORIDA

   Jacksonville Daily Record | Column | September 05, 2024

   Jacksonville Bar Association (JBA) Treasurer Asghar Syed writes: “In January 2022, I authored an article in the Bar Bulletin regarding a series of proposed changes to civil practice in Florida. At the time, the state Supreme Court was preparing to review a series of amendments portending “seismic” changes. Those changes are now upon us and mostly slated to go into effect Jan. 1, 2025. This article attempts to offer a high-level summary of the changes but cannot substitute for a careful reading of the precise language of each rule change . . . Generally, the changes, which aim to promote the fair and timely resolution of civil cases, call for the reporting of case management data, active judicial case management and strict limitation of continuances. The changes also tend to align Florida’s rules with federal meet and confer and discovery practices. As of July 1, 2024, the court has effected changes to the Florida Rules of General Practice and Judicial Administration.”

8. Legal Aid

   PRO BONO: HURRICANE DEBBY CREATES OPPORTUNITIES

   Jacksonville Daily Record | Column | September 05, 2024

   Three Rivers Legal Services Pro Bono Director Samantha Howell writes: “Parts of Florida were recently hit hard by Hurricane Debby. While the storm was not as deadly or damaging as it could have been, there is no doubt that residents will be recovering for the foreseeable future. It is frequently following a disaster that programs like ours see the amazing heart of the legal community. Attorneys, law students, and paralegals reach out en masse to offer pro bono support to those affected by the disaster. Through insurance claims and FEMA claims, housing repairs, loss of property and jobs, and other impacts, our clients will face a host of challenges in the upcoming weeks and months. . . We can only guess when the cases will start coming in, but we hope to have volunteers on standby and ready. If this is not up your alley, consider volunteering with Three Rivers in another way: Telephonic Housing Clinic is offered 5-6 p.m. every Tuesday. . . TRLS staff screen and schedule clients, notifying volunteers of their assignments on the Friday (or Monday) prior to the clinic.”