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 18, 2024
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The Florida Bar
JEAC RULES JUDGE CAN OPPOSE NEIGHBORHOOD GATED COMMUNITY IF ACTING PRO SE
The Florida Bar | Article | September 18, 2024
On Tuesday [September 17], opinion (2024-15), the Judicial Ethics Advisory Council concluded that a judge may oppose the creation of a gated community in their neighborhood, provided they act purely pro se, representing only their interests. The judge may speak at public hearings, wear messaged apparel, and post yard signs but must avoid acting on behalf of an opposition group. Canons 4C and 5C(1) permit pro se representation in personal matters. The opinion also cautions against using judicial prestige for personal gain. The judge’s non-judicial partner may engage in opposition, as long as they don’t act on the judge’s behalf.
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Legal Discipline
FLORIDA SUPREME COURT SUSPENDS TALLAHASSEE ATTORNEYS ACCUSED OF SEXUAL BATTERY
Tallahassee Democrat | Article | September 18, 2024
The Florida Supreme Court suspended Tallahassee attorneys Sarah Savannah Warren and Gabriel F.V. Warren, accused of sexually battering a woman who worked in their home. Suspension orders were issued last month and take effect later in September, allowing them to close their practices. The victim alleged the couple assaulted her on March 10, 2023, after returning from a date. Court records state the couple pressured her despite her discomfort. Both attorneys later entered pleas to lesser charges as part of a deal approved by the victim. In June 2023, Circuit Judge Tiffany Baker-Carper sentenced them to 48 months of probation and 15 days in jail. The Florida Bar is pursuing further disciplinary actions.
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Civil Justice
COURT TO WEIGH FLORIDA GUN AGE LAW
News Service of Florida | Article | September 17, 2024
On October 22, 2024, the 11th U.S. Circuit Court of Appeals will hear arguments in Atlanta over the National Rifle Association’s (NRA) challenge to a Florida law that bars people under 21 from purchasing rifles and long guns. The law, passed after the February 2018 Parkland school shooting that killed 17, was upheld by lower courts. The NRA argues the law violates the Second Amendment, citing a 2022 U.S. Supreme Court decision. Florida contends the law aligns with historical firearm regulations. Despite efforts by the state House to lower the age limit, the law remains in effect.
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Civil Justice
FLORIDA FIGHTS A CONSTITUTIONAL CHALLENGE TO A STRIPPER AGE LAW
News Service of Florida | Article | September 17, 2024
Florida Attorney General Ashley Moody’s office filed a motion to dismiss a lawsuit challenging a new law (HB 7063) that prohibits strippers under 21 from working in adult-entertainment establishments. The lawsuit, filed in July by Cafe Risque, Sinsations, dancer Serenity Michelle Bushey, and Exotic Fantasies, claims the law violates First Amendment rights. The state argues the law is aimed at protecting young adults from human trafficking and does not restrict adult entertainment entirely. The law, signed by Gov. Ron DeSantis in May, took effect July 1, 2024.
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Civil Justice
LAWSUIT CLAIMS ‘EXACT MATCH’ VOTER POLICY IN FLORIDA DISENFRANCHISES PEOPLE OF COLOR
WUSF | Article | September 18, 2024
On September 12, civil rights groups filed a lawsuit in a U.S. District Court in Orlando, challenging the constitutionality of a Florida law requiring voters’ names to exactly match their driver’s license or Social Security information. Plaintiffs, including Florida Rising Together, argue the law disproportionately affects voters of color. Over 43,000 valid voter registration applications have been rejected since 2018 due to the “exact match” rule. Judith Browne Dianis, executive director of the Advancement Project, stated that Black voters are more likely to be disqualified, calling the requirement another tool of voter suppression. The lawsuit seeks a permanent injunction and challenges Florida statute 97.053(6).
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Civil Justice
ELEVENTH CIRCUIT UPHOLDS LIMITS ON PUBLIC COMMENTS DURING CITY COUNCIL MEETINGS
Daily Business Review | Article | September 17, 2024
The U.S. Court of Appeals for the Eleventh Circuit upheld the city of Homestead’s rules limiting public comments at city council meetings to topics relevant to the city, following a rare en banc hearing. James McDonough, a frequent attendee, sued after being banned from meetings in 2016 for a perceived threat. The court ruled the meetings are a “limited public forum,” allowing restrictions as long as they are content-neutral and reasonable. McDonough’s case was sent back to a three-judge panel to apply these standards. The ruling aligns with U.S. Supreme Court jurisprudence.