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  • Briefs

    first_imgApplications are now being accepted to fill the position of United States District Court Judge for the Southern District of Florida (Northern Division).Applications are available from the Commission Chair Roberto Martínez, 255 Aragon Ave., Coral Gables 33134, telephone (305) 476-7430, e-mail address [email protected] also may be obtained from the Web page of the United States District Court for the Southern District of Florida atwww.flsd.uscourts.gov. The completed applications must be mailed to Martínez and all the commission’s members by August 15.Agulnick petitions for reinstatement The Young Lawyers Section of the Broward County Bar Association recently held its first Bowl-A-Thon and raised more than $7,000 for the benefit of the Starlight Children’s Foundation.The funds were presented to Jane Gutterman, Alison Cosgrove and Nancy Shaller of the foundation by Young Lawyer Committee Chair Jordanna Goldstein.The funds raised will be used to purchase mobile “Fun Centers” which contain a DVD Player, TV and Nintendo Game System for use in the children’s hospital rooms at Coral Springs Medical Center and Hollywood Memorial West Hospital.Forum set up for attorneys to discuss alternative billing Lawyers and judges in the Fifth Circuit recently took time out to discuss professionalism.Justice Raoul Cantero, Second Circuit Judge Terry Lewis, and Blan Teagle, director of The Florida Bar Center for Professionalism, taught another in their series of state attorney and public defender seminars, which involves the use of film clips from classic and popular cinema. Each clip illustrates an ethics or professionalism issue. Employing a “case method” approach to the clips, faculty members asked the nearly 200 attendees to divide into discussion groups and conduct a scavenger hunt through the Bar rules, the Ideals and Goals of Professionalism, and the Guidelines for Professional Conduct, and report back on how they resolved each dilemma.“Fifth Circuit Chief Judge Victor Musley has been instrumental in assuring the success of these seminars by closing the criminal court for an afternoon, because he believes the seminars offer an important opportunity for lawyers who are usually adversaries in court to come together in a collegial session,” Teagle said. “Most of the Criminal Division judges were also on hand to participate in the plenary session and small group round tables.”Teagle said the groups examined the concept of “justice” in The Godfather, considered ineffective assistance of counsel and the special duty of a prosecutor in such films as My Cousin Vinny, and plea bargaining and civility issues in The Accused and And Justice for All. Planning committee members for the event included Chief Judge Musley, Public Defender Howard “Skip” Babb, State Attorney Brad King, and County Judge Jim McCune, who is vice chair of the Bar’s Standing Committee on Professionalism.“Much thanks is due to the chief judge, state attorney, public defender, and Judge McCune for their joint and mutual initiative, their hospitality, and expert planning,” Teagle said.Catholic Volunteers seek new law grads The governor and Cabinet, sitting as the Administration Commission, are accepting applications for the position of executive director and chief judge of the Division of Administrative Hearings.The division includes two primary program areas — Adjudication of Disputes consisting of 78 full-time positions with a budget of $8.4 million, and Workers’ Compensation Appeal/Judges of Compensation Claims consisting of 197 full-time positions with a budget of $15.8 million.This position manages all of the legal and administrative activities for the division. As such, applicants must have demonstrated executive and administrative management skills and abilities; effective leadership, communication, and presentation skills; knowledge of administrative law procedures and agency rulemaking; excellent writing skills and analytical abilities; and an understanding of budgetary priorities and allocations.Minimum qualifications require membership of The Florida Bar in good standing for the preceding five years. Salary will be set commensurate with the level of skill and experience, but will be within the range of $73,002 — $148,899.24.A selection committee has been appointed by the governor and Cabinet to review applicants and recommend five candidates for consideration. The candidate selected by the governor and Cabinet must be confirmed by the Senate.Interested persons may apply by accessing MyFlorida.com and selecting Work for Florida! or go to the following Web address:http://eogresume.state.fl.us, and complete the on-line application form and copy and paste a resume in the appropriate field.Applicants must type “DOAH Director” on the first line of the “Recommended By” field in the electronic form. Writing samples are also requested. Documents may be transmitted electronically with the application and resume or five copies of the writing sample may be mailed to Barbara Leighty, Room 1802, The Capitol, Tallahassee 32399-0001. For more information on how to apply, contact Barbara Leighty or Teresa Tinker at (850) 487-1884. Applications must be received no later than August 15.U.S. 11th Circuit to amend rules Pursuant to 28 U.S.C.§2071(b), notice and opportunity for comment is hereby given of proposed amendments to the Rules of the U.S. Court of Appeals for the 11th Circuit, and of proposed amendments to Addendum Three, Rules of the Judicial Council of the 11th Circuit Governing Complaints of Judicial Misconduct or Disability.A copy of the proposed amendments may be obtained on and after August 4, 2003, from the 11th Circuit’s Internet Web site atwww.ca11.uscourts.gov. A copy may also be obtained without charge from the Office of the Clerk, U.S. Court of Appeals for the 11th Circuit, 56 Forsyth St., N.W., Atlanta, GA 30303, phone (404) 335-6100.Comments on the proposed amendments may be submitted in writing to the clerk at the above street address by September 5.Judges appointed to state boards Chief Justice Harry Lee Anstead has named five judges to two state boards created by the 2003 Florida Legislature.The chief justice’s appointees to the Article V Indigent Services Advisory Board are Judge Joseph Farina of the 11th Circuit, Judge Robert Bennett of the 12th Circuit, and Judge Tom Bateman of the Second Judicial Circuit.The Indigent Services Advisory Board was created by the legislature to advise it on standards to govern the future use of state funds to pay for court costs mandated by law. This will include costs of court reporters, interpreters, and private court-appointed counsel.The board also is charged with developing strategies for containing costs and standards for determining when public defenders have a conflict of interest in a pending case. The board has 12 members, with three appointed each by the governor, president of the Senate, speaker of the House, and the chief justice.Chief Justice Anstead also named Judge Sandy Karlan of the 11th Circuit and Judge Robert Rouse of the Seventh Circuit to the Guardian ad Litem Qualifications Committee. The committee will recommend to the governor a minimum of three candidates for the position of the Guardian ad Litem executive director.Under the enabling statute, the governor also names two members to the committee, and a fifth is named by the Statewide Guardian ad Litem Association.Federal JNC seeks Southern District judge applications The Southern Federal Tax Institute will hold its 38th Annual Institute September 15-19 at the Grand Hyatt Atlanta in Buckhead.The institute offers in-depth coverage on current federal tax issues for tax attorneys, accountants, financial and estate planners, and life underwriters. This year the Monday afternoon session of the institute highlights tax shelter developments. Pam Olson, assistant secretary of the Treasury, and B. John Williams, chief counsel of the IRS, along with others will review legislation, regulatory, administrative, and judicial developments affecting tax shelters.The institute offers five-day, three-day, and two-day packages. For more information visitwww.sfti.org. Tom Elligett to lead Terrell American Inn of Court Pro Doc recently inaugurated an Internet forum where Florida lawyers can ask questions about alternative billing practices such as value, flat-fee and task-based billing.The site is located atwww.prodoc.com/forums/alt_billing, and allows lawyers to post their questions about these topics and for others to share their experiences as responses to those questions.The forum is open to all, but participants must register in order to post a question or a response. The forum allows lawyers to subscribe to the entire forum or only to a particular question. Subscribing to the entire forum means that you will receive an e-mail anytime anyone posts a question or posts a response to a question on the forum. Or, you can subscribe to a particular question and receive e-mails only when responses are posted to that question.“The move to alternative billing is really a back-to-the-future event,” said ProDocs Alan Schoolcraft. “Those billing practices were the norm prior to 1970s. Since then, hourly billing has been the choice of most lawyers.”Schoolcraft said hourly billing has a number of drawbacks including:• It promotes client disputes over fees (and billing hours lost defending a bill).• Many clients hate the practice because they view it as the equivalent of a blank check to the attorney.• It discourages efficiency in law practices.“Now, as competition intensifies among lawyers, alternative billing gains prominence as an effective tool to enhance a lawyer’s competitiveness,” Schoolcraft said. “Since ProDoc commits itself to increasing the efficiency and productivity of small law firms, this forum is a natural fit for its sponsor.”Dove honored for work with Ukrainian orphans Briefs The Black Lawyers Association has voted to rename the organization after U.S. District Judge Wilkie D. Ferguson, Jr., who died of leukemia June 9 in Miami.The Black Lawyers Association will now be known as the Wilkie D. Ferguson, Jr., Bar Association.“The Honorable Wilkie D. Ferguson, Jr.’s legacy as a distinguished lawyer and pioneering jurist epitomizes the ideals of equal justice for all,” said Veronica Harrell-James, president of the organization, in the resolution renaming the bar.The Black Lawyers Association was formed in 1976 to champion the cause of equal access, equal rights and equal opportunity for all, by giving “voice to the voiceless,” “power to the powerless,” and “hope to the hopeless.”Ferguson, the first black judge appointed to the 11th Circuit bench and the Third District Court of Appeal, and the second African American to serve as a federal judge in the Southern District, was a founding member of the Black Lawyers Association. Ferguson also was an active member of the Judicial Council of the National Bar Association, the nation’s oldest and largest bar association for lawyers of color.He began his career as an attorney at Legal Services of Greater Miami, Inc., where he developed a reputation as an effective advocate for “the least, the last, the lost, the looked over, and the left out,” according to the resolution.As a state trial court judge, Ferguson issued a landmark decision in 1980 holding it unconstitutional to use peremptory challenges to exclude prospective jurors from civil cases on the basis of race in City of Miami v. Cornett. He also left his mark on Florida jurisprudence in cases such as Ranger Ins. Co. v. Bal Harbour Club., in which the Florida Supreme Court adopted the reasoning of his dissenting opinion as a state intermediate appellate court judge as its majority opinion, in holding that Florida’s public policy prohibits an insured from being indemnified against intentional religious discrimination. He was the federal judge in 1996’s Doe v. Chiles who issued an injunction against the State of Florida prohibiting the state from forcing persons suffering from cerebral palsy, mental retardation and other developmental disabilities to languish on waiting lists for years before providing them with needed care. The ruling required the state to admit developmentally disabled persons to immediate care facilities within a reasonable time not to exceed 90 days. In 1999, after the state failed to abide by his order, held the state in contempt and fined it $10,000.00 per day — Cramer v. Chiles — all of which led the state to dramatically increase funding for developmentally disabled persons by $300 million by the year 2001.Other notable decisions include Brent v. United States, in which he held that United States customs agents are not immune from civil suit for subjecting female travelers to unreasonable body cavity searches, based upon a racial profile; and Prado v. L. Luria & Son. Inc., in which Furguson held that workplace rules requiring employees to speak English first is not unconstitutional, and that employers have no obligation to hire only bilingual supervisors to accommodate non-English speaking employees.The bar said Judge Ferguson’s “principled insistence on fairness elevated the definition of justice, and infused it with compassion for humanity” and his “lifetime of achievements and public service exemplify the purposes” which the Black Lawyers Association, Inc., was founded.Fifth Circuit talks ethics August 1, 2003 Regular News Pursuant to Rule 3-7.10, Barry W. Agulnick of New York City has petitioned the Florida Supreme Court for Bar reinstatement. Agulnick was suspended for 30 months as a result of a felony conviction. The suspension was effective October 30, 1997, the date he ceased practicing law due to his suspension in New York.Any persons having knowledge bearing upon Agulnick’s fitness or qualifications to resume the practice of law should contact Edward Iturralde, Bar Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-0200, phone (850) 561-5786.Gogel petitions for reinstatement Pursuant to Rule 3-7.10, William A. Gogel of New York City has petitioned the Supreme Court for Florida Bar reinstatement.Gogel was suspended for 30 months as a result of a felony conviction. The suspension was effective October 16, 1997, the date he ceased practicing law due to his suspension in New York.Any persons having knowledge bearing upon Gogel’s fitness or qualifications to resume the practice of law should contact Edward Iturralde, Bar Counsel, The Florida Bar, 651 East Jefferson Street, Tallahassee 32399-0200, phone (850) 561-5786.Bar fees are now payable The Remsen Group’s 2003 Managing Partner Forum for Florida law firms will be held October 10 at the Sheraton Ft. Lauderdale Airport Hotel.The Managing Partner Forum is designed for managing partners and leaders of law firms with 10 or more attorneys. Last year’s event attracted more than 110 participants.“We presented the inaugural Managing Partner Forum last October and the feedback from those who attended surpassed my wildest expectations,” said John Renisen, Jr., president of The Remsen Group and founder of the event. “Based on input we’ve received from dozens of managing partners, this year’s forum will focus on how to successfully lead a law firm in today’s increasingly competitive marketplace for legal services.”The 2003 Managing Partner Forum is a full-day, CLE-approved program presented in affiliation with the Dade, Broward, Palm Beach, and Hillsborough county bars, and the Association of Legal Administrators, American Corporate Counsel Association, and Legal Marketing Association.For more information contact The Remsen Group at (954) 527-9111.Southern Federal Tax Institute set for September Catholic Volunteers in Florida is now seeking recent law graduates interested in attaining a one year placement, or fellowship, with a nonprofit legal organization.“During the year, these full-time volunteers receive a stipend while their student loans are deferred,” said the organization’s Timmy Rupeiks. “Many of the legal professionals work in the fields of immigration, children’s advocacy, and family law.”In addition to offering fellowships for law graduates, Catholic Volunteers in Florida is also accepting requests from nonprofit organizations that would like to learn more about having a Catholic Volunteer contribute to their organization.If you are a graduating law student who would like the opportunity to transform your qualifications to better serve the community or if you are nonprofit organization who is in need of qualified legal professionals, contact Rupeiks at P.O. Box 536476, Orlando, 32853, (407) 660-8800, fax: (407) 660-8833, or e-mail: [email protected] County YLS raises money for kids Louis B. Guttmann III was recently sworn in as chair of the Bar’s Real Property, Probate & Trust Law Section at its recent annual convention and general membership meeting in St. Petersburg.The convention coordinator was George Meyer, and seminars in both real property and probate and trust law were held. The Real Property Seminar, organized by Pat Jones, included topics on eminent domain, mortgage law, land trusts, bankruptcy, financing vehicles for housing projects, surveying law and licensing laws for architects, engineers and contractors. The Probate and Trust Law Seminar, organized by Jim Herb, included topics on special needs trusts, durable powers of attorney, the Save our Homes Constitutional Amendment, asset preservation, estate tax matters and family limited partnerships. Each seminar also featured an in-depth ethics presentation.Justice Kenneth B. Bell provided the keynote address at the RPPTL luncheon and gave a thorough analysis of court-funding issues.Other new RPPTL officers include Chair-elect Laird A. Lile; Probate and Trust Division Director Rohan Kelley; Real Property Division Director Julius J. Zschau; Circuit Representatives Director George J. Meyer; Secretary John B. Neukamm; Treasurer Melissa J. Murphy, and the immediate past chair is Steve Hearn.For the name of your nearest circuit representative, or for more general information on the section, visitwww.flabarrpptl.org. Black Lawyers Association renamed for U.S. Judge Wilkie D. Ferguson, Jr. Joyce Sibson Dove, a Tallahassee attorney and Rotary member, was recently honored by the Charming Shoppes VOICES campaign for her outstanding achievements regarding her work with Ukrainian orphanages.The VOICES campaign chose 100 women who have made a difference in their community from nearly 3,000 women nominated nationwide. The winners gathered in Houston recently to be honored for their various accomplishments and to participate in workshops organized by the VOICES committee.Dove’s work with Ukraine has provided medical equipment and medical supplies through Rotary International and she also has placed Ukrainian orphans with American families. With the help and donations from the local Rotary clubs, donators from around Tallahassee, a hospital from Massachusetts and individual Rotarians from Florida and Massachusetts, the largest humanitarian aid shipment ever received by the Ukrainian children’s hospital in Crimea was delivered in October of 1999. This shipment included such vital supplies as children’s orthopedic equipment, stretchers, IV poles, an entire blood testing laboratory, wheelchairs, and over 100 boxes of disposable supplies. In addition, surgical supplies from a closed hospital in Massachusetts were shipped with five computers with a hospital inventory system donated by a Baltimore company which had toured the orphanages with Dove in 1998.In 2003 Tallahassee Memorial Hospital was able to donate excess pediatric equipment which was sent to Ukraine. That shipment totaled over 12 tons and included five incubators renovated with funds from the Columbus Day weekend Rotary Golf Tournament at Golden Eagle Country Club.In order to efficiently transport these items, as well as ensure that they actually arrive at the orphanages, Dove arranged for free shipping and convinced the Ukrainian government to allow her to bring donated vans into the country to transport donated medical supplies from the ships to the orphanages.Other projects that have been initiated by Dove and funded by Rotary International’s special 1998 Children’s Grants include obtaining eight incubators and three soy milk machines. The incubators were of particular importance, as over 300 children had died in 1997 and 500 infants had died in 1998 solely due to the lack of incubators.Dove has set up her own adoption agency and had had a nonprofit organization, Foundation for Children, Inc., since 1996. In order for the foundation to be financially self-sustaining, she has organized a team of designers to create a unique line of children’s clothing from which all profits will go to the foundation.Rosenthal & Weissman make contribution Rosenthal & Weissman recently announced a contribution to the Treasure Coast Food Bank, totaling 12,000 meals.The move was prompted by a TV morning news story about the current shortage of food at the organization’s main Treasure Coast warehouse in Ft. Pierce.Representatives of Rosenthal & Weissman are calling on all Treasure Coast businesses to support the Food Bank in its mission to improve quality of life within its service district of Indian River, Martin, Okeechobee, and St. Lucie counties.“Food banks are the only source of food for certain members of our community,” said the firm’s Debra H. Pierce. “I don’t know of a more worthy cause than feeding our community’s hungry.”“It’s just a beautiful thing,” said Alicia Vega, operations manager of the food bank. “If more businesses followed their lead, we’d have no shortages.”The Treasure Coast Food Bank, Inc., distributes more than 1,260,000 meals annually to those in need by way of approximately 135 nonprofit agencies on the Treasure Coast and in Okeechobee County.Palm Beach County pro bono work noted Governor seeks DOAH chief judge applicants The Legal Aid Society of Palm Beach County, Inc. together with the Palm Beach County and South Palm Beach County Bar Associations recently hosted its 15th Annual Pro Bono Recognition Evening at the Kravis Center for the Performing Arts.The theme of the evening was “Rock ’n Roll” and more than 900 people attended the event which netted over $170,000 for Legal Aid’s 16 projects. All funds generated by the evening are used to provide free legal assistance to the disadvantaged children, families and elders residing in Palm Beach County.Honored at the event were: Joel Comerford (Probate Law Award), Aileen Naja Josephs (Immigration Law Award), Jane Kreusler-Walsh (Appellate Law Award), Marvin S. Littky (Cultural Arts Award), Joseph Pack (Public Benefits Law Award), Robert E. Oglesby (Family Law Award), Donia Adams Roberts (Child Advocacy Award), Bert Winkler (Homeless Advocacy Award) and Sheryl G. Wood (Community Service Award). The non-attorney award recipients included: Jayne Johnson (Guardianship Award) and Layne D. Nisenbaum D.O. (Special Service Award).Managing Partner Forum set for October The Justice William Glenn Terrell American Inn of Court recently named Tom Elligett as its new president.Judge Michael Williamson will serve as the Inns’ president-elect.Other officers include Judge Charlene E. Honeywell, counselor; Kelley C. Howard, executive director; Margaret Mathews, secretary; William Kalish, treasurer; and Bruce Cury, CLE chair.Ford lauded for educating judges Florida Bar members should have received their 2003-2004 annual fee statements — reflecting no increase in fees. The statements were mailed in late May. The fees were payable July 1 and are late after August 15. Members will receive one of two fee statements: one designed for active members and another for those who have elected inactive status. Annual fees are still $265. Inactive members pay $175. Eligible members may pay online atwww.FLABAR.org. Under the Rules Regulating The Florida Bar, fees postmarked after August 15 will be assessed a late fee.Guttmann to lead RPPTL Section The National Judicial College recently honored Miami Immigration Court Judge Rex J. Ford for his dedicated service to college.Judge Ford has taught at NJC since 1997 and has taken part in several faculty development workshops and conducted class discussions.The National Judicial College was founded in 1963 and is celebrating 40 years of service to the nation’s judiciary in 2003. Since 1963, the college has awarded more than 61,000 professional judicial education certificates. Annually, the college averages 85 courses with more than 2,700 judges enrolling from across the nation.last_img read more

  • Lakers’ Nick Young stays positive and in conditioning drills despite injured thumb

    first_imgThe smile still stayed wide and the laugh still remained loud despite Lakers forward Nick Young learning he could be sidelined six to eight weeks after tearing a ligament in his right thumb.Young called the bandage that supports his right thumb his “bowling glove.” Young chuckled at Jeremy Lin recently dismissing why the general public calls him “Swaggy P,” countering he calls him “Swaggy Lin” and plans to make a sequel to the movie, “Rush Hour.”Two days before he will have surgery to treat his thumb, Young also discovered at Saturday’s practice that something else had not changed.Lakers coach Byron Scott still demanded that Young participate in competing and defensive drills. “When you hurt your hand, your feet are still OK and your legs are OK,” Scott said. “He can still do all the stuff we can do conditioning-wise.”Young sure could use some more defensive lessons. Young reported his injury stemmed from reaching for the ball against Kobe Bryant, resulting in Young ramming his thumb into Bryant’s elbow.“He was telling me slide my feet,” Young recalled Scott telling him. “Don’t reach in. That’s what happens when you reach in.”Bryant’s theory for the injury? “My body is made of steel,” Young recalled Bryant saying. Bryant also supported Scott’s stern approach.“It says Byron don’t play that,” Bryant said. “You are able to run and do defensive slides and things that you can do from a conditioning level, so you don’t lose that.” New roleThe players who could help fill Young’s absence include Bryant, Wesley Johnson, Jordan Clarkson and Wayne Ellington. Scott had already penciled Johnson to start at small forward.“I expect a lot from Wesley Johnson. He’s been looking great in training camp, running up and down the floor, defending,” Scott said. “He can become one of the best in the league.”Johnson averaged 9.1 points last season, but struggled with his consistency. “I don’t think I got a fair shot,” said Johnson, who often defended bulky power forwards. “You were playing everywhere.”Bryant believes Johnson “will flourish,” arguing Scott puts heavier emphasis on defense than former Lakers coach Mike D’Antoni.“The biggest thing with him is to make sure he feels comfortable,” Scott said. “He’s a hell of a talent. He just has to continue to go out there with that type of confidence.”Injury updateScott held out hope Lakers forward Ryan Kelly could begin practice Thursday after sitting out the past week because of a strained left hamstring. Scott said he is more uncertain about Xavier Henry’s return after he reamined sidelined because of back spasms.center_img Newsroom GuidelinesNews TipsContact UsReport an Errorlast_img read more