November 1, 2004 Regular News BriefsWilkes scholarship helps out big time Stetson University College of Law part-time student Darin Richter no longer has to worry about tuition, the cost of books or how he will support his family after receiving the first Emmitt Wilkes Scholarship, the largest award given to an individual student in the school’s history. Established with a gift from Tampa lawyer James L. Wilkes II, for the next four years, the award will cover all tuition, fees and books, and will provide an additional $38,000 annually for living expenses. The scholarship is given to a student in the part-time J.D. program at Stetson, with preference given to nontraditional students who are entering law school as a possible career change or who are raising a family. It is designed to support the student throughout the four years of the program. “I wanted to help a deserving student with life experience to have the financial wherewithal to pursue a legal career,” Wilkes said. Richter is a program manager for CAE, a flight simulator company in Tampa. He has a bachelor’s degree in mechanical engineering from the U.S. Military Academy at West Point, concentrating in aerospace design. He is a former U.S. Army Captain and Blackhawk helicopter pilot. At CAE, Richter works primarily with the U.S. Air Force and Lockheed Martin in CAE’s C-130 line of products. “This is obviously a very, very generous gift,” Richter said. “It is indicative of Mr. Wilkes and his firm’s focus; they take care of families. That is exactly what was done in this case.” Richter and his wife of 10 years, Emma, have four children. NBA-WLD honors Judge Cooke The National Bar Association-Women Lawyers Division, Miami-Dade County Chapter, recently sponsored a luncheon honoring the appointment of one of its members, Marcia Cooke, as the first African American female federal judge for the Southern District of Florida. More than 100 people attended the event, including numerous judges and community leaders. The theme of the luncheon was significant African American women’s “firsts” in the South Florida community. Leah Simms addressed the gathering as the keynote speaker. Simms served as the first African American female judge in Florida, as well as a Miami-Dade County Court judge. Also in attendance was Judge Melvia Green, the first African American female judge in Miami-Dade Circuit Court and on the Third District Court of Appeal. NBA-WLD President Detra Shaw-Wilder spoke on the importance of further developing diversity within the legal community, and the need to continue striving for the promotion and success of African American women in law firms and on the bench. The NBA-WLD also installed its newly elected officers, including President Shaw-Wilder; Flora M. Jackson-Holmes, first vice president; Cheryl D. Linton Barnes, second vice president; Stephanie Ingrid Rocke Fidler, secretary; Erica N. Wright, treasurer; and directors Judge Shirlyon J. McWhorter, Beatrice Cazeau, Valencia M. Abner, Christina A. McKinnon, Teresa Sands, and Marvelle McIntyre Hall, the immediate past president. < p>Committee to examine the size of jury panels < p>The Florida Supreme Court has created a work group to study the size of jury panels with an eye toward the most efficient use of juror time and maximizing access to the courts. < p> The Work Group on Standards for Jury Panel Sizes was created by administrative order signed by Chief Justice Barbara Pariente on September 22. It will be chaired by Second Circuit Judge Tom Bateman. “The purpose of the work group is to review existing standards and develop recommendations to the chief justice, which may include proposed new or revised standards for jury panel sizes,” the order said. “In order to guarantee continuing access to the courts, the state courts system must provide for effective juror selection while ensuring the efficient use of fiscal resources and showing respect for the valuable time provided by citizen jurors.” Under law, capital and eminent domain cases have 12 jurors and all other cases have six jurors. But the size of the juror panel that is called for screening is set by administrative orders and varies according to the type of case, and can be from 14 to 50. The court instructed the work group to consider five issues: • Review the history of the current standards for jury panel sizes in Florida. • Review a recent analysis on the applicability of jury panel sizes used in Florida courts. • Develop and propose any recommended changes to standards governing jury panel sizes. • Consider the relationship between panel size and the number of citizens who have to be called for jury duty and propose standards for the number of potential jurors who have to be called “and other indices as determined to be necessary.” • Suggest ways to implement recommendations from the Judicial Management Council’s Jury Innovation Committee on summons enforcement, noncompliant jurors, and postponement of jury duty. “Additionally, the work group should propose any other recommendations for policy, rule, or statutory changes that are directly related to panel sizes and that may serve to increase citizen participation in the jury process.” The recommendations are to be submitted to the chief justice no later than August 31, 2005. Judge Bateman said public hearings likely will be held as part of the work group’s deliberations. Besides Judge Bateman, other members of the work group are West Palm Beach attorney Theodore Babbitt, 20th Circuit Judge John S. Carlin, Second Circuit Public Defender Nancy Daniels, Sixth Circuit Chief Judge David A. Demers, 15th Circuit Chief Judge Edward H. Fine, Miami attorney Philip Freidin, Miami attorney Faith Elizabeth Gay, Miami attorney Gary M. Gregory, former Florida Bar President Benjamin H. Hill III of Tampa, 10th Circuit State Attorney Jerry Hill, Alachua County Clerk of Court J.K. “Buddy” Irby, 17th Circuit Judge Thomas M. Lynch, 19th Circuit Judge Robert R. Makemson, Escambia County Deputy Clerk of Court Teresa McLellan, 18th Circuit Chief Judge James E.C. Perry, Ft. Lauderdale attorney Eugene Pettis, Miami attorney Neal Allan Roth, Tallahassee attorney Maria A. Santoro, Gainesville attorney Carl B. Schwait, Bay County Judge Elijah Smiley, and Seventh Circuit Trial Court Administrator Mark Weinberg. Justice Fred Lewis will be the Supreme Court’s liaison to the work group. Criteria for certifying need for new DCA judges amended The caseload level for presuming a need for an additional appellate judge has been increased from 250 to 350 filings per judge, in an October 14 opinion issued by the Florida Supreme Court. In case number SC03-1905, the court approved amendments to Rule of Judicial Administration 2.035, as recommended jointly by the Rules of Judicial Administration Committee of The Florida Bar and the Commission on District Court of Appeal Performance and Accountability. Increasing the caseload threshold standard was justified because it has not been amended in more than 20 years, and the DCAs are all operating at caseloads significantly greater than the 250 filings per judge standard in the current rule, “According to the commission, this 40 percent increase to 350 case filings per judge more accurately reflects the current filings per judge ratio in the district courts of appeal,” the per curiam opinion states. “We adopt the proposed 350 filings per judge caseload threshold, while a continuing study of the caseload is being completed.” Chief Justice Barbara Pariente has directed the commission to specifically reexamine whether the 350 filings per judge threshold accurately reflects a basis for certifying the need for additional district court judges. “These issues are intertwined with the question of the need, if any, for additional district courts of appeal,” the opinion states. “Chief Justice Pariente has further established the Committee on District Court of Appeal Workload and Jurisdiction to make recommendations on uniform criteria as a primary basis for determination of the need to increase, decrease, or redefine the appellate districts.” Williams joins the News, Melendez to begin reporting Natalie Williams, a 23-year-old Florida A&M University graduate, has joined The Florida Bar News as an advertising specialist. Williams, from Statesboro, Georgia, received her bachelor’s degree in 2003 from the School of Journalism and Graphic Communication. Her special interest is creating interactive design Web pages. Before coming to the Bar, Williams worked in the classified ads department of the Bainbridge Post-Searchlight newspaper in Bainbridge, Georgia. She is the one to call for placing classified ads in the Bar News. Melinda Melendez, who previously held the position of advertising specialist, has been promoted to assistant editor of the Bar’s Journal and News. Melendez, 24, is a 2003 graduate of Florida State University, with dual bachelor’s degrees in English literature and humanities. In her free time, she acts and sings in community theater productions. Her new duties include editing articles for the Journal and handling On the Move and News & Notes columns for the News, as well as writing news articles. Bay Area Legal Services helps children obtain their education A new program at Bay Area Legal Services is providing educational advocacy for children in the dependency and/or delinquency systems by an education law attorney. Children with current or historical involvement with either delinquency or dependency, and residing in Hillsborough, Pasco, and Pinellas counties, can qualify for this new FREE service if income eligibility is met. “Children in the dependency/delinquency systems often have difficult situations at school,” said education law attorney Bob Jacobs, an Equal Justice Works fellow. “School is a significant part of a child’s life and when children consistently fail or have conflicts, it erodes their self-esteem and increases their sense of being disenfranchised. Every child deserves to be treated with compassion, honor, and respect.” If a child is struggling academically, is experiencing discipline problems at school, profoundly dislikes school, or typically comes home depressed, a free consultation is available to all eligible families. Jacobs will investigate the child’s school situation to assess whether the child has been properly evaluated and appropriately placed. Jacobs also will provide intervention ranging from informal dispute resolution to legal enforcement of the child’s rights through the courts or administrative hearings when appropriate. The new program is being supported through a fellowship awarded by Equal Justice Works. Covey to highlight Miami professionalism program Dr. Stephen R. Covey, author of “The Seven Habits of Highly Effective People,” will be the speaker January 7 at a professionalism seminar in Miami. This will be Covey’s second trip to Florida to promote legal professionalism, as he addressed the topic in a 1999 seminar in Dade County. “Persuading Dr. Covey to visit with us this second time provides Florida’s statewide professionalism movement with another special opportunity to set the ‘gold standard’ nationwide,” said Robert Fiore, president of the Dade County Bar Association and chair of The Florida Bar Standing Committee on Professionalism. Both groups are sponsoring the program along with the Supreme Court Commission on Professionalism and the Bar’s Center for Professionalism. “Discussing professionalism issues in the context of the internationally popular ‘Seven Habits of Highly Effective People’ is a unique, one-of-a-kind Florida project offered nowhere else in the United States.” “I am thrilled with the success of our first program in South Florida and am confident that part II will be even better,” Covey said. “I want to thank Robert Fiore, the Dade County Bar Association, and the professionalism groups for the opportunity to interact once again with such a distinguished legal community.” Through the program, the sponsors hope to show that acting professionally and civilly toward one another is not a sign of weakness, “rather it is a sign of strength and is the way to become a more effective and profitable advocate for our causes,” Fiore said, noting Covey, who generally receives upward of $75,000 for a speaking engagement to large groups and corporations, has agreed to waive his fee for the Miami seminar. “When I met with Dr. Covey over dinner last month, his admiration for our bench and bar soon became evident,” Fiore said. “ That’s when I knew he would agree to come back — in fact wanted to come back — because he trusts we will accept and use wisely the special gift he brings to us all.” Fiore said Covey, whose Seven Habits book has sold 15 million copies and been translated in 37 languages in 27 countries, maintains a rigorous international speaking schedule to help people identify and appreciate four basic human needs: to “live, love, learn, and leave a legacy.” “His ability to tie these teachings to the professionalism movement is remarkable to see,” Fiore said. The event is set for 9 to 11:30 a.m. at the Hyatt Regency Downtown Hotel at 400 Second Ave., in Miami. The cost is $20 for judges and $45 for lawyers and their staffs. Registration also includes a copy of Covey’s new book, titled “The Eighth Habit: From Effectiveness to Greatness.” Seating is limited. To reserve a seat, send checks made payable to the Dade County Bar Association to DCBA, 123 NW First Ave., #214, Miami 33131. UM leads the way on July’s bar exam Graduates from the University of Miami got the highest passage rate for those taking the July Florida bar exam. The Florida Board of Bar Examiners recently released the results from the exam and Florida Supreme Court Chief Justice Barbara Pariente approved 1,275 candidates for admission to the Bar. A total of 2,942 people took the exam, 992 from out of state and the remainder in-state graduates. The FBBE also said 960 took the Multistate Professional Responsibility Exam in August, 419 from out of state. Miami topped those who took Part A and Part B of the general bar exam; 227 of the 270 Miami grads passed, or 84.1 percent. The University of Florida was next, with 185 of its 228 graduates passing, or 81.1 percent. Third was Florida State University, where 102 of 129 graduates passed, or 79.1 percent. Of the other law schools: 62 of Florida Coastal’s 84 students passed the exam, or 73.8 percent; 113 of 159 graduates from Stetson passed, or 71.1 percent; 68 of 102 graduates from St. Thomas University passed, or 66.7 percent; 143 of 232 from Nova Southeastern University passed, or 61.6 percent; and 14 of 25 graduates from Barry University of Orlando passed, or 56 percent. Seven hundred and thirty one of the 992 applicants from out-of-state law schools passed, or 73.7 percent. Overall, 74.1 percent of those who took Parts A and B passed. On the MPRE portion of the exam, 84.8 percent of all those who took the test passed. Passage rates by school were 91.1 percent for UF; 89.7 percent for Stetson; 88.9 for UM; 84.8 for Florida Coastal; 83.7 percent for FSU; 81.5 percent for Barry; 76 percent for Nova; and 75.5 percent for St. Thomas. The rate was 85.4 percent for out-of-state test takers. Sarasota Bar hands out awards The Sarasota County Bar presented its annual awards at its recent installation dinner. Receiving the award for distinguished service by a layperson to the legal profession was Jack Orkin, who created and organized a curriculum designed to teach the public about the legal system and various practical aspects of the law and legal profession. Judge Durand Adams was recognized for his efforts in presenting Brown vs Board of Education, a production commemorating the 50th anniversary of the decision. The program was attended by over 800 citizens in Bradenton and Sarasota. Douglas A. Cherry was honored for his contributions to the local bar while serving as chair of the Technology Task Force. Also recognized was Sherri L. Johnson for her contributions as editor of The Docket for two years. Outgoing President William W. Merrill III also paid tribute to County Commissioners Jon Thaxton, Nora Patterson, David Mills, Shannon Staub, and Paul Mercier for their leadership in providing sufficient funds for the court system and the clerk. Clerk of Court Karen E. Rushing received special recognition for her ongoing efforts in coordinating new initiatives with the SCBA and keeping members up to date on new technology and office management changes. Also honored was Chief Judge Robert Bennett for his leadership, his professionalism, and his concern for the legal profession and the bar association. Chief Judge Bennett also installed the following new officers and directors of the Sarasota County Bar Association: President Mary Alice Jackson; President-elect Arthur S. Hardy; Vice President Kate B. Halvorsen; Secretary Morgan R. Bentley; Treasurer Thomas M. Fitzgibbons; and directors Derek Byrd, Robert M. Fournier, and Karen M. Morinelli. Remaining on the board are Alice S. Bowman, Sherri L. Johnson, and F. Scott Westheimer. The immediate past president is William W. Merrill III. Also installed were the officers and directors of the Young Lawyers Division: President John M. Compton; President-elect Lisa Gonzales Moore; Treasurer Louis M. Ursini III; Secretary Nancy E. Cason, along with directors Michael P. Infanti, Douglas Cherry, Anthony B. Lewis, Craig J. Schaeffer, and Katherine L. Smith. Pennington Moore funs professorship Pennington Moore Wilkinson Bell & Dunbar has taken the lead in funding the William and Catherine VanDercreek Professorship at the Florida State University College of Law. The professorship is a collaborative effort of all the lawyers at Pennington Moore, the VanDercreeks, and select alumni. It will allow the law school to recruit or retain an exceptionally productive legal scholar. The VanDercreeks and alumni John W. Frost, Kenneth L. Connor, and James M. Corrigan also made contributions to the $170,000 endowment. Additional alumni have indicated they also will support the professorship. “This amount represents a commitment of over $1,500 from each of the Pennington lawyers, many of whom are not FSU law school graduates,” said the firm’s Cynthia Tuniclifff. William VanDercreek taught civil procedure and complex litigation courses at the college of law from 1968 until his retirement in 1993. He was Moot Court advisor for 25 years and now is professor emeritus. Briefs read more