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 06, 2024
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The Florida Bar
COURT AMENDS BAR DISCIPLINARY RULES
The Florida Bar | Article | September 06, 2024
Mostly agreeing with a Florida Bar proposal, the Supreme Court on Thursday [Sept. 5] adopted a series of amendments to Chapter 3 (Rules of Discipline). “The Florida Bar petitions the Court to amend Chapter 3 of the Rules Regulating The Florida Bar. We adopt the Bar’s proposed amendments with some modifications,” the ruling states. The proposed amendments generated no comments when they were noticed in the Bar News. They take effect November 4. Among the more significant changes is a revision to Rule 3-3.4(c) (Membership, Appointment, and Eligibility) that adds a requirement “that nonlawyer members of grievance committees not be current or former members of the Bar or any other state Bar.” “The rule is also amended to clarify that lawyer members of grievance committees must be in good standing and eligible to practice law in Florida when appointed,” the order notes. Another significant revision deletes all references to “interim placement on the inactive list due to incapacity” from Rule 3-5.2, including its title, and from subdivision (b)(1) (Petition).
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Legal Discipline
OWNER OF CLOSED POLK COUNTY LAW FIRM ARRESTED, CHARGED WITH GRAND THEFT
Lakeland Ledger | Article | September 05, 2024
Jason Penrod, the owner of a Polk County law firm that abruptly closed in July, has been arrested on a charge of grand theft and could face more charges, Polk County Sheriff Grady Judd said Thursday [Sept. 5]. Deputies from the Marion County Sheriff’s Office arrested Penrod on Wednesday night on a warrant from Polk County. Penrod was found at an addiction treatment facility, where Judd described him as “hiding out.” Penrod stole nearly $1.8 million from a client’s trust fund, Judd said. Penrod, a Winter Haven resident, is the founder and owner of Family Elder Law, which closed its offices in Lake Wales, Lakeland and Sebring in July with no warning to clients. When arrested, Penrod said that his lawyer was consulting with the State Attorney’s Office to “work things out,” Judd said. Penrod was distraught and declined to speak with detectives further, PCSO said.
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Judiciary
KATHERINE MULLINAX APPOINTED TO PALM BEACH COUNTY COURT
Florida Politics | Article | September 05, 2024
Lawyer Katherine Mullinax is the newest member of the Palm Beach County Court bench. Gov. Ron DeSantis appointed Mullinax, who has served as General Counsel for the 15th Judicial Circuit since June 2022, to replace Judge Robert Panse in presiding over both criminal and civil cases. Prior to her public sector work, Mullinax worked as the sole practitioner of Mullinax Law Group, a limited liability company she incorporated in March 2020 and voluntarily dissolved in January 2023. Mullinax began working for the 15th Judicial Circuit in 2021 and was selected by its hiring panel to serve as General Counsel the year after. Before her promotion, she served as a Supervising Trial Law Clerk. Judge Panse informed DeSantis on May 3 that he planned to retire on July 15.
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Civil Justice
11TH CIRCUIT REJECTS PRIVATE SCHOOL’S RELIGIOUS RIGHTS CLAIM WHEN STOPPED FROM BROADCASTING PUBLIC PRAYER
Daily Business Review | Article | September 05, 2024
A three-judge panel for the U.S. Court of Appeals for the Eleventh Circuit ruled Sept. 3 that a private Christian school was not wrongfully deprived of free speech or free exercise rights when the Florida High School Athletic Association (FHSAA) denied players’ request to use a stadium’s public announcement system to say a prayer before the state championship football game. This was the Eleventh Circuit’s second time reviewing the case, after it reversed a dismissal by the U.S. District Court for the Middle District of Florida in November 2019, finding the court was “too quick to pull the trigger” in tossing Cambridge Christian School’s First Amendment claims. In its most recent ruling, the court found that using the loudspeakers for a communal prayer would reasonably be considered “government speech,” not private speech, and therefore is open for regulation by the FHSAA.
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Civil Justice
JUDGE SENDS CITY OF FORT LAUDERDALE TO TRIAL OVER ALLEGED POLICE MISCONDUCT IN PROTEST SHOOTING
Daily Business Review | Article | September 05, 2024
U.S. District Judge Rodolfo A. Ruiz II issued an order allowing the case involving Latoya Ratlieff, who was shot in the face with a rubber bullet by a Fort Lauderdale police officer, to proceed to trial. The jury will determine whether the City of Fort Lauderdale is liable for failing to properly train its officers. During May 2020 protest in Fort Lauderdale, a brawl broke out between protesters and police officers and Ratlieff was struck in the face by a rubber bullet aimed at an individual who had just thrown a tear gas canister at the police line. Ratlieff claimed her rights were violated under the First Amendment , Fourth Amendment, and Fourteenth Amendment. She also brought state-law claims for battery and negligence. Judge Ruiz granted summary judgment in favor of the individual officers on the First Amendment claim, ruling that the officers were not liable due to qualified immunity and the dangerous circumstances they faced. The judge also ruled that the officers’ use of force was not excessive given the context of the situation.
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Legal Profession
THE VALUE OF VOLUNTARY TRIAL RESOLUTION
Jacksonville Daily Record | Column | September 05, 2024
Miles Mediation & Arbitration attorney Brian Rendzio writes: “As a former judge and current mediator/arbitrator, I thought I knew all the available methods to resolve cases. However, there is one procedure that has remained somewhat elusive to me, as well as to some other legal professionals. Section 44.104 of the Florida Statutes permits certain matters to be decided by private judges known as trial resolution judges. This process, called voluntary trial resolution, applies to [almost] all civil disputes . . . The trial resolution judge may administer oaths and issue subpoenas for the attendance of witnesses and for documents. Moreover, the trial resolution judge has full authority to determine any question presented and to render a final decision. . . Unlike some forms of arbitration, voluntary trial resolution utilizes the Florida Rules of Evidence. Thus, it creates a structured process in the same fashion as a traditional trial.”