“A Century of Service to Miami-Dade County”

Programs and Services That Help You GROW Your Practice, GAIN Experience & GIVE Back

The Dade County Bar Association will commemorate 100 years of service at its annual installation gala on June 4, 2016. For 88 years of the Bar’s existence, the centerpiece and hub of judicial affairs has been the Dade County Courthouse located at 73 West Flagler Street. The courthouse was built between 1925 and 1928 and served as Dade County’s seat of government when it was formally dedicated on September 6, 1928 during the term of Dade County Bar President E. Clyde Vining. In addition, the courthouse was also designed to serve as the City Hall for Miami and housed within it were courtrooms, judicial chambers, record rooms, a law library and jails for both Dade County and the city of Miami. As noted in The Miami Daily News on September 6, 1928, the Courthouse “Stands for something more than a temple of justice, a place to keep public records and a forum for meetings of public bodies and of citizens. The tower . . . may be regarded as emblematic of the courageous spirit of citizens in continuing to carry on and to reach even greater achievements . . . .”

When Miami-Dade County’s iconic courthouse opened in 1928, the entire population of the county was approximately 100,000. The first six floors of the building housed the offices of the Clerk of the Circuit Court, the city manager’s office, a grand jury room, a law library, offices for each of the seven judges, and four courtrooms. The grandest courtroom, Courtroom 6-1, served as the site for every major felony case tried in the county. Within the walls of Courtroom 6-1, the gangster Al Capone was tried and acquitted of perjury and Giuseppe Zangara was tried and sentenced to die for the attempted assignation of Franklin D. Roosevelt. Floors sixteen through twenty-five contained the city and county jails. The County Commission as well as other county and city government personnel occupied the remaining floors of the building.

This courthouse isn’t for lawyers and judges. It is for the people and businesses who seek justice there. Today the population of Miami-Dade County is more than 2.6 million and more than a million people visit the courthouse every year. The courthouse that was once emblematic of achievement and progress is now outdated, overcrowded and deteriorating. This effort began with the news that 132 of the 144 structural columns were between 30-50% compromised from water intrusion. The 88-year-old building can no longer pass required building certification and safety inspections from Miami-Dade County and the City of Miami without millions of dollars of required repairs to bring it to code. The original plumbing and electrical systems from 1928 are still in use and are deficient. In addition, the historic building is not ADA compliant and, as noted by Chief Judge Bertila Soto, suffers from mold, leaks, and structural deterioration. Some of the more than 576 courthouse personnel that regularly occupy the building

suffer from ailments that many say stem from the building itself. On several occasions, Judges have been forced to leave their chambers and courtrooms after mold was discovered growing behind walls.

Although none of the floors above the sixth floor were originally designed to house courtrooms, makeshift courtrooms and judicial chambers have been created over the years in an effort to accommodate a growing judicial bench needed for the exploding population of Miami-Dade County. The offices and jail spaces at the historic courthouse have been converted into judicial chambers and additional courtrooms to accommodate the 41 judges who serve in the building. Because the majority of the 26 courtrooms have been crammed into office spaces and former jail cells, many of the courtrooms are littered with supporting vertical columns that block the view of judges, lawyers, jurors and litigants. Lawyers are forced to litigate and try cases in courtrooms where they are unable to see testifying witnesses or the jury. Because more than 40 judges are forced to share 26 courtrooms while juggling a caseload of more than 192,000 cases, judges don’t have much flexibility in scheduling hearings and sometimes justice is delayed as litigants wait for their day in court. When citizens of Miami-Dade County do get their day in court, they must endure crowed waiting areas and hallways as well as inadequate elevators and public restrooms. Technology challenges prevent innovation—there aren’t even enough electrical outlets. Known required repairs to 73 W. Flagler will require at least $120 million to keep it open for the next 10 years. The building has served us well, but it doesn’t make sense to pour taxpayer money into a building that is too small and dysfunctional compared with the justice improvements and cost efficiencies of a new building.

It is time for Miami-Dade County to build a new courthouse that will once again serve our citizens effectively. We agree with the Task Force created by the County Commission to study the issues confronting Miami-Dade’s Courthouse. Miami-Dade County is long overdue for a “dignified and technologically current” facility to replace the courthouse at 73 West Flagler Street. We must act similar to our courageous predecessors and establish a new courthouse that will carry us forward for at least another 50 years. The Dade County Bar Associations supports the Task Force’s recommendation for the creation of a 50-room courthouse to accommodate a roster of more than 50 judges. Our current courthouse must be replaced with a larger, modern, ADA-compliant building. As a world class city that serves as a gateway to Latin America and the Caribbean, the citizens of Miami-Dade County deserve a world class courthouse facility within which to seek justice.

BULLETIN

APRIL 2016

Jason M. Murray

PRESIDENT’S MESSAGE

IN THIS ISSUE:

Bench and Bar ConferencePage 2 to Page 4

Your Next Bold Move: Real Life Tips To Help You Reach Your DreamsPage 5

A Night of Fashion for Justice: Putting Something Back for Dade Legal Aid

Eleventh Judicial Circuit Local Professionalism Panel’s DispositionPage 6

YLS President Message

The Constitutional CornerPage 7

TH

E

DA

DE

C

OU

NT

Y

BA

R

AS

SO

CIA

TIO

N

“Miami-Dade County is long overdue

for a “dignified and technologically current” facility to

replace the courthouse at 73 West Flagler

Street. We must act similar to our

courageous predecessors and establish a new courthouse that will

carry us forward for at least another

50 years.”

2 DCBA BULLETIN | APRIL 2016

DADE COUNTY BAR ASSOCIATIONBoard of Directors 2015-2016

OFFICERSJASON M. MURRAY, President*

JEFFREY A. RYNOR, President-Elect*JORDAN A. DRESNICK, Vice President*

STEPHANIE L. CARMAN, Secretary* GILBERT K. SQUIRES, Treasurer*

MATTHEW J. RIDGELY, Executive DirectorJOHNNIE M. RIDGELY, Executive Director

(1965-2006)

GROUP ONENATALIE RICO

CAITLIN M. TROWBRIDGEDANIEL F. BENAVIDESRASHAD M. COLLINS

FRANCESCA CORALLOLATOYA BROWN

GROUP TWOELIZABETH FERRY

EFFIE D. SILVAJACQUELINE C. LEDON

JANE W. MUIRGERI SATIN

YOLANDA P. STRADER

GROUP THREEJEFF P. CYNAMON

ERIC A. HERNANDEZSUZETTE L. RUSSOMANNO

VIVIANA P. VARELAADILIA C. HEDGES

DOLLY HERNANDEZ

GROUP FOURDAVID ALSCHULER

GREGORY P. SREENANDAVID BONHAM

JERRY D. HAMILTONJOHN P. MURRAY

LAURA K. WENDELL

GROUP FIVEGLENN B. KRITZER

JACQUELYN P. NEEDELMANLEONARD ELIAS

RICHARD C. MILSTEINFLORA SEFF

ANTONIO MARTINEZ, JR.

STEVEN P. BEFERA ABA Delegate 2015-2016

DADE COUNTY BAR ASSOCIATIONYOUNG LAWYERS SECTION

BOARD OF DIRECTORS 2015-2016

OFFICERSJoshua L. Wintle, President

Stuart J. Weissman, President-ElectDaryl A. Greenberg, SecretaryLacey D. Hofmeyer, Treasurer

2014-2016 DIRECTORSEric Bluestein

Zachariah R.F. EvangelistaStephanie GrosmanLiam J. McGivern

Scott J. MerlIsabella M. Poschl

Ronnell D. Robinzine

2015-2017 DIRECTORSKristen A. CorpionMichael T. Davis

Gregory S. d’IncelliJenna L. Fischman

Zakarij N. LauxRachael Mitchell Fagenson

Eric Tinstman

The Bulletin CommitteeCaitlin Trowbridge, Co-ChairMihai Vrasmasu, Co-Chair123 NW First Avenue #214

Miami, Florida 33128305-371-2220

Ex – OfficioSookie Williams

Bench and Bar Conference On February 26, 2016, the Dade County Bar Association hosted its Fifth Annual Bench and Bar Conference. Chaired by Secretary Stephanie Carman and produced by Directors Geri Satin, Suzette Russomanno and Yolanda Strader, the event included over 600 attorneys, judges, and other distinguished guests, including more than one hundred and thirty five distinguished lawyers and judges who spoke to guests as panelists and moderators regarding the latest developments in twenty substantive practice areas.

The event, set against the backdrop of Hyatt Regency Miami, included presentations by keynote speakers Ramon Abadin, President of The Florida Bar, and Mark Britton, CEO of Avvo. The sessions featured program panelists from the Federal, Appellate and Circuit Courts, general counsels and South Florida media. Stephanie Carman, DCBA Secretary, and

Geri Satin, YLS Past President

Armando G. Hernandez, Judge Andrea R. Wolfson, Chief Judge Bertila Soto and Judge Thomas Rebull

In between sessions, attendees were able to get refreshments and meet with several of the sponsors.

Juan Farach, Jack Hickey, DCBA Past President, and Juan Antunez

Eugene Pettis, Michael Higer, Leslie Lott, and William Schifino Jason Murray, DCBA President, Isabel Yague, and Marlon HIll

Steven Lear, Mark Nichols, and Phillip B. Schwartz

Mark Stein, and Jason Murray, DCBA President Gilbert Squires, DCBA Treasurer, Nikki Lewis Simon, Judge Jason Block, and Eugene Pettis

Dennis Kainen, DCBA Past President, Margot Moss, and Jason Murray, DCBA President

www.dadecountybar.org 3

Adriana Linares, Ramón A. Abadin, and Marina Jaudenes Jim Robinson, Herman Russomanno, III, DCBA Past-President, and Judge Carroll Kelly

Karen E. Gilbert, Judge Federico A. Moreno, Judge Rudy Ruiz, Marjorie J. Sommer, Mark Heise, and Joel Hirschhorn

Kim Cook, and Suzette Russomanno, YLS Past President

Jody Shulman and Deborah Baker-Egozi Elliot Kula, Michael Higer, Ramón A. Abadin, and Robert Zarco

Judge Diana Vizcaino, Judge Tanya Brinkley, and Yery Marrero Jawan Strader and Yolanda Strader

Craig Leen, Judge Diana Vizcaino, Judge Israel Reyes, Frank Soto, Miriam Ramos, and Michael Murawski

Craig Leen, Matt Dates, Judge Jason Dimitris, Rashad M. Collins, and Isabel YagueSessions were well attended and held very interesting topics

“I thoroughly

enjoyed the

conference and I’m

looking forward

to future ones. I

learned a lot in

my interactions

with the lawyers

during my panel on

Arbitrations.”

– Israel Reyes

“The Bench and

Bar Conference

was well-attended,

informative, and

an excellent way

to connect with

colleagues and

review the latest

developments in the

law.”

-The Honorable Bertila

Soto, Chief Judge of the

Eleventh Judicial Circuit

of Florida

4 DCBA BULLETIN | APRIL 2016

Gilbert Squires, DCBA Treasurer, and Judge Carroll Kelly

Stephanie Carman, DCBA Secretary, and Jason Murray, DCBA Presi-dent

“It was an intellectual feast having some of the top lawyers in South Florida sharing their wisdom and experience in their area of practice. The luncheon speaker, the head of Avvo, gave me the encouragement that even I as a dinosaur will benefit from a new way to look at the world.”

– Dennis G. Kainen

Attendees were able to meet with the speakers after the sessions to ask questions.

Yolanda Strader, Stephanie Carman, DCBA Secretary, Jason Murray, DCBA President, Geri Satin, YLS Past President, and Suzette Russomanno, YLS Past President

Rolando A. Diaz, Neil Roth, Judge Peter Lopez, Viviana Varela, Lynn Audie, and Jorge E. Silva

Judge Jason Bloch, Suzette Russomanno, YLS Past President, and Robert Fiore, DCBA Past President

Elizabeth Kim and David Echavarria

Joshua Wintle, YLS President, Greg D’Incelli, and Scott Merl

Stephanie Carman, DCBA Secretary, Ayana Harris, Ben Greenberg, David Markus, Judge Robert Scola, and Sabrina Puglisi

Deborah Baker-Egozi, Judge Joseph Farina, Judge Jerald Bagley, Kelly Melchiondo, Majorie Sommer, and Geri Satin, YLS Past President

Marc Britton and Ramón A. Abadin

Richard Milstein, Bruce A. Katzen, Bruce M. Stone, Juan Antunez, and Paul M. Cowan

www.dadecountybar.org 5

A Bench and Bar Session: Your Next Bold Move

BY TIFFANI LEEDuring the afternoon sessions of the Bench & Bar Conference, a talented group of professionals shared keen insight and practical

suggestions about a topic on the minds of many lawyers: making a bold move. Whether the “bold move” is starting your own business, carving out a niche, pursuing a passion, reinventing yourself or just taking your practice to the next level, the stories and advice shared by these professionals gave attendees the courage to challenge the status quo and a roadmap for doing so. Below is a summary of the advice given:

Paula Black is a legal business development coach & consultant, branding expert and award-winning author.

Are you pre-programed with what you SHOULD do? With no room for what you WANT to do? Has complacency set in and you’re just going through the motions? Is complacency sucking the oxygen out of your dreams, your courage and your passion?

I have the great privilege of working with lawyers. And I know too well that the answer to those questions isn’t good. But it doesn’t have to be that way. The legal profession is a traditional one and consequently, it tends to create traditional environments, procedures and expectations. Yet, there are lawyers who have broken the shackles of tradition.

It takes guts to swim up stream. It takes courage to believe in yourself. And it takes wisdom to apply the skills you honed practicing law in a different way.

I would like to set the stage with a few tips:

Are You Content? Are you content with your life? It’s not contentment that makes most of us type-A personalities happy. It’s actually the opposite. It’s the moments when we are striving, driving and reaching, that are when we feel the most energized and alive. May I ask you... are you unhappy?

Carve Out Time To Think.Think back ... what were your goals? Get into law school? Pass the bar? Get a job? Be a solo? Be a litigator? Be a partner? If those were the goals, what

did you think was next? People spend more time planning vacations than planning their lives. Does that ring true for you? So ... Carve out time to THINK. Think about what gives you joy and lights your fire.

Are You Running TO or FROM? I caution you, it should be something you are running TO. Creating a future because you are running FROM something and you will be creating small, safe and with limits! Instead, create a BIG audacious dream ... to run TO!

Trust Your Gut. Trust yourself, you’re smart; you have expertise and experience that will serve you well. Trust that it will all work out.

You have courage and passion. I know you do! How do I know? Because you graduated from law school, you passed the bar and you are a practicing attorney. But, over the years you may have just misplaced your courage and passion. The road to success will be arduous, and if you have reconnected with your courage and passion you will thrive on the challenges and you’ll have the stamina to reach your goal. Trust your gut and reconnect with your passion and courage!

Fear! But, no .... I can’t do that! I don’t know enough! I’m not good enough! Oh, that familiar feeling of inadequacy. I was listening to a podcast of an interview with Alan Dershowitz. He was talking about his feeling of being an imposter. He confessed, “I don’t fit in. I’m not as smart as people think I am. I still get nervous.” Well, if Alan Dershowitz (the world-renowned professor, lawyer and scholar) has fears, why wouldn’t us mere mortals? It’s not about the fear, that’s a given! It’s what we do in the face of it!

Don’t Listen To The Naysayers! Not the one in your head or anyone else. As a lawyer you are trained to find the pitfalls and assess risk. That makes you a good lawyer. But it doesn’t serve you well when creating your next BOLD MOVE. First, Figure out five ways you can make something work before you look at the pitfalls. Next, choose your circle of friends and colleagues wisely.

Surround yourself with like-minded people. You will feed off of them. They will encourage you and remind you that YOU can do it!

Take ownership of your FUTURE. Create the life you imagine. Remember, a great idea is worthless without execution. Execution is everything!

What is your destiny? What will your tomorrow look like?

Here are a few tips from three extremely gutsy and courageous lawyers who have broken the shackles of tradition and made BOLD MOVES, their way!

Michelle Estlund is a criminal defense attorney, who is the preeminent, Interpol Defense Lawyer in the WORLD. Yes, in the world.

Pearls Of Wisdom“Recognize the moments when you are afraid, and be brave for the 20 seconds it takes you to act past your fear.”

“Decide that you and your practice are worth the financial investment and the time it takes to be better than you have to be. If you invest little or nothing, your return on investment will be little or nothing.”

“When you have the opportunity to take on a new challenge, or to speak, or to educate, do it. Say yes- that is how you grow. Saying no is how you stagnate.”

Favorite Quote “Don’t ask what the world needs. Ask what makes you come alive, and go do it. Because what the world needs is people who have come alive.” Howard Thurman

Candace Duff is a former big firm lawyer and now an Assistant City Attorney for the City of Fort Lauderdale, who published two novels and will release her third this April.

Pearls Of Wisdom “Follow your dreams. You won’t be happy until you do and you don’t want to look back and wonder what would have happened if you had.”

“Surround yourself with positive supportive people, those moving in the same direction as you, and/or those who are already where you’d like to be. Negative people and negative energy are draining and can hold you back. Don’t let them.”

“Don’t stifle parts of your personality or interests. If you’ve got a creative or a playful side or an interest in something, find a way to nurture it.” Favorite Quote “If you wait until you’re ready, you’ll be waiting the rest of your life.”

-Lemony Snicket

Karen Lapekas is a former Senior Attorney for the IRS and now has her own law practice as an IRS Tax Defense attorney, who can now say, “The more I work, the more time I have to do things I enjoy.” Imagine that!

Pearls Of Wisdom “Know the difference between rational thinking and coming up with reasons to give into your fear.”

“Seek the advice of people who have done or who are doing what you dream of doing. Do not listen to the advice of people who never tried.”

“Feeling discontent? Change it. There is no better reason to make changes in your life than being unhappy with your current situation.”

“The fear of failure is not rational. Why? Because if you fail, you can only fall as far as the floor. But there is no limit to success.”

Favorite Quote “If you’re not living on the edge, you’re taking up too much space.”

-My Dad

Tiffani Lee is a partner in the Miami office of Holland & Knight. In addition to her litigation practice, she is the firm-wide Diversity Partner and a member of the firm’s senior management team.

1. Getting There: A Book of Mentors By Gillian Zoe Segal

2. Selling the Invisible: A Field Guide to Modern Marketing. By Harry Beckwith

3. Talk Like TED: The 9 Public-Speaking Secrets of the Worlds Top Minds. By Carmine Gallo

4. The Confidence Code: The Science And Art Of Self-Assurance – What Women Should Know. By Katty Kay and Claire Shipman

5. Start With The Why: How Great Leaders Inspire Everyone To Take Action. By Simon Sinek

6. Power Questions: Building Relationships - Win New Business and Influence Others. By Andrew Sobel and Jerold Panas

7. Reinventing The Professional Services: Building Your Business In The Digital Marketplace. By Ari Kaplan

8. HBR Guide To Getting The Right Work Done: Stay Focused, Accomplish More, Manage Your Energy. By Peter Bregman, Heidi Grant Halvorson, Daniel McGinn and more

9. Refire! Don’t Retire: Make the Rest of Your Life the Best of Your Life. By Ken Blanchard & Morton Shaevitz

10. How Successful People Think: Change Your Thinking, Change Your Life. By John C. Maxwell

11. The Little Black Book: A Lawyer’s Guide to Creating a Marketing Habit in 21 Days. By Paula Black

12. The Gift of Imperfection: Let Go of Who You Think You’re Supposed to Be and Embrace Who You Are. By Brené Brown

RecommendedReading and Audio List

6 DCBA BULLETIN | APRIL 2016

A Night of Fashion for Justice: Putting Something Back for Dade Legal Aid On February 26, 2016, the Joli Immigration Law Firm rolled out the red carpet for the Third Annual Fashion Night on Brickell to benefit Dade Legal Aid. With Miami’s diverse background as the setting, the fashion show featured outstanding international designers from around the globe such as Sha Ali Ahmad, Lourdes Atencio, Felix Suriel, Tania Guizandi, Andrea Q. Rojas, Diego Vaz, Esther Machiavello, Roxana Sittic, Diana Schafer, Ericka Del Prado, Alicia Porras, Eddwins Ra Mendieta and Luigi Gherardi, among others. Casting Director was Mintoy Legier of Joli Law.

“Proceeds from the event will go to benefit Dade Legal Aid and its award winning pro bono projects, Put Something Back, which benefits at risk, underprivileged children, women, immigrants and families,” said Mayra Joli, event producer, lawyer and model.

This year’s Masters of Ceremonies included Steven Befera, Gia Acevedo, and Sandra Coscio. The event was well attended by hundreds of fashionistas, beauty queens, dignitaries, TV personalities, lawyers and celebrities. The event is made possible through generous donations by numerous organizations in our community, such as Espirito Santo Plaza, Joli Law Firm, Oscar International, Hogan Lovells, Sabadell, Immigration Counsel IC, Eve Runciman Rosen, INTI, Bast Amron, Negri-Torres, Green Gables Realty, Akerman LLP, Holland and Knight, US Legal Support, Grossman Roth Yaffa Cohen, Catering by Les, Sushi Maki, Chipotle, Sergio’s and many more. For more information about the event please visit www.fashionnightonbrickell.com.

March 1, 2016

RE: ELEVENTH JUDICIAL CIRCUIT LOCAL PROFESSIONALISM PANEL’S DISPOSITION (#469)

Pursuant to the Florida Supreme Court’s opinion In re: Code for Resolving Professionalism Complaints, 116 So. 3d 280 (Fla. 2013) and In re: Eleventh Judicial Circuit Professionalism and Civility Committee and Local Professionalism Panel, Fla. 11th Cir. Admin. Order No. 14-01 A1 (July 18, 2014), the duly appointed Local Professionalism Panel (“Panel”) began receiving, screening, acting upon, and resolving complaints of unprofessional conduct as of September 1, 2014. The Panel seeks to informally resolve professionalism complaints made by members of the public, attorneys, judges, and/or referred by The Florida Bar’s Attorney Consumer Assistance Program, against attorneys practicing in the Eleventh Circuit. In the interest of promoting awareness and elevating the standards of professionalism in the local bar, noteworthy dispositions of the Panel are anonymously published in the DCBA Bulletin as well as the Eleventh Judicial Circuit website.

One of the most noteworthy endorsements of the Panels came when the Third District Court of Appeal referred a matter to the Panels in a written opinion. See Beckles v. Brit, 176 So. 3d 387 (Fla. 3d DCA 2015). The present disposition arises from the Respondent Attorney’s repeated failure to timely respond to deadlines and court orders while handling an appeal as a result of a client’s failure to pay.

The Third District’s opinion involved a Show Cause Order issued for Appellants’ failure to file their initial brief in a pending appeal. Appellants filed a notice of appeal in September 2014, appealing an adverse judgment in the amount of $2.8 million. On December 29, 2014, after Appellants failed to file an initial brief or a motion seeking an extension of time to file an initial brief. Appellee moved to dismiss the appeal. In response, on December 31, the Third District issued an order requiring Appellants to show cause as to why the appeal should not be dismissed. On January 11, 2015, Appellants’ counsel (the Respondent Attorney) filed a motion seeking a 20-day extension to file the initial brief, which the Third District granted. Appellee, however, renewed its motion to dismiss the appeal on January 23, after Appellants again failed to file their initial brief or a motion for extension of time. On March 6, the Third District entered an order stating the appeal would be dismissed if Appellants did not serve their initial brief within ten days of the order. After Appellants yet again failed to file an initial brief or any other responsive papers, the Third District dismissed Appellants’ appeal on March 31 and ordered Appellants’ counsel (Respondent Attorney) to show cause as to why sanctions should not be imposed for counsel’s failure to comply with the orders. On April 30, Appellants’ counsel finally responded, indicating the judgment had “left Appellants without the resources needed to prosecute the appeal.”

Upon receipt of the Complaint, the Panel reviewed, screened, and investigated the matter. The Respondent was individually contacted to discuss the Complaint as well as to provide any additional information and/or supporting documentation. An informal hearing was noticed and held, during which the Respondent Attorney voluntarily appeared and fully cooperated with the members of the Panel. Following the hearing, the Respondent Attorney wrote a letter thanking the Panel for its efforts and insight. The Respondent Attorney also wrote an apology letter to the Third District. The Respondent Attorney agreed to become involved with local voluntary bar associations in order to turn this experience into a learning opportunity for others. Lastly, the Respondent Attorney was provided with the Eleventh Judicial Circuit Standards of Professionalism and Civility as well as the specific rules of professional conduct which were involved in the Complaint. He acknowledged he would read the materials and distribute them to his co-workers, colleagues, and friends.

This matter was a paragon of the Local Professionalism Panel at work to “ensur[e] that the practice of law remains a high calling with lawyers invested in not only the service of individual clients but also service to the public good as well.” See In Re Code for Resolving Professionalism Complaints, 116 So. 3d 280, 280 (Fla. 2013).

Mayra Joli, Joli Law Firm Melanie Stemmler, Panthea Consulting

Mintoy Lergier, Joli Law Firm

Gia Acevedo, Mayra Joli, Valeria Valencia, Sha Ali Ahmad, Brittany Plasencia, Mintoy Lergier Sage Kermes

Jose Iglesias, Mari-Sampedro-Iglesias,

Lourdes Naya, and Luis Naya

Bertila SotoChief Judge

Lawson E. Thomas Courthouse Center175 N. W. First Avenue, 30th Floor

Miami, Florida 33128(305)349-7001

Eleventh Judicial Circuit of FloridaLocal Professionalism Panel

www.dadecountybar.org 7

YLS President MessageBY JOSH WINTLE

Since the 2000 presidential election and the controversy surrounding Bush v. Gore, Florida has been a microcosm for discussion of the separation

of powers of the three branches of government. The public received a powerful and, for some, painful lesson in how the branches of government could impact one another.

Like the Federal Government, Florida employs a system of checks and balances. Article II, Section 3 of the Constitution of the State of Florida provides that:

The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

Every officer of the state, including judges, legislators and the Governor takes an oath to uphold our Constitution.

Nonetheless, in the years following

Bush v. Gore, we have seen numerous instances of the three branches of the Florida government interacting, shall we say, with one another. We have witnessed attempts by the Executive Branch to increase the number of Florida Supreme Court justices; a move that would allow the Governor to appoint new justices to fill and expand the Court. We have seen the Legislature advance laws purposefully written to apply to a single patient in effort to preempt judicial decision while the patient’s family members were actively pursuing their and the patient’s rights in court. And, the Judiciary has been called upon to exercise its constitutional duty, under Article III, Section 16, to review and when necessary reapportion legislative voting districts.

As the business of politics and the politics of business wedge themselves further into our daily lives, our Judiciary has found itself the focus of more and more political machinations. Leading up to the last national election, outside political interests pushed to terraform the landscape of appellate merit retention elections. In thinly veiled campaigns, political interests moved for the ouster of Florida Supreme Court Justices not for any lack of merit in their qualifications or work ethic, but because they disapproved of the results of certain appellate decisions.

According to records maintained and published by the Florida Department of State since 1996, not a single Supreme Court Justice or district court appellate judge has been removed from office as a result of a merit retention election. Florida voters have consistently rejected the politicization of our Judiciary. Indeed, the merit retention system was created in the late 1970s through a constitutional amendment overwhelmingly approved by voters following concerns of political influence upon the Judiciary.

The Legislature, in the 1970s, also recognized the importance of excising political influence from judicial elections. Since then, Florida Statute Section 105.071 has prohibited candidates for judicial office from representing or advertising herself or himself as a member of any political party. It is difficult to reconcile the public’s will and the longstanding protections from political pressure upon the Judiciary with the recent efforts by Florida legislators to rewrite the Constitution and take from voters the power to retain Justices and appellate judges who are deserving of retention in office.

Senate Joint Resolution 322 and House Joint Resolution 197 seek to limit the Florida Supreme Court Justices and judges of the district courts of appeal to two terms. Under the proposed Constitutional Amendments, Justices

BY HONORABLE MILTON HIRSCH As a practicing lawyer in Illinois, Abraham Lincoln had been associated with an Andrew Johnston. Johnston had a nephew of whom he was fond, and

for whom he desired a career in the law. But the young man was adamant that he wanted to follow the profession of arms. Lincoln was instrumental in securing for Johnston’s nephew an appointment to West Point.

The young man’s name was George Pickett. Yes, that George Pickett – the Confederate commander who many years later led the last-ditch, heroic, and ultimately doomed charge at Gettysburg that marked the turning-point in the Civil War.

On April 5, 1865, Lincoln personally walked through the ruins of Richmond, Virginia, the newly-fallen capital of the Confederacy. The diary of Pickett’s wife recounts what happened then and there:

I was in Richmond when my soldier fought the awful battle of Five Forks, Richmond surrendered, and the surging sea of fire swept the city. News of the fate of Five Forks had reached us,

The Constitutional Cornerand the city was full of rumors that General Pickett was killed. I did not believe them. I knew he would come back, he had told me so. But they were very anxious hours. The day after the fire, there was a sharp rap at the door. The servants had all run away. The city was full of Northern troops, and my environment had not taught me to love them. The fate of other cities had awakened my fears for Richmond. With my baby on my arm, I answered the knock, opened the door and looked up at a tall, gaunt sad-faced man in ill-fitting clothes, who with the accent of the North asked: “Is this George Pickett’s place?” “Yes, sir,” I answered, “but he is not here.” “I know that, ma’am,” he replied, “but I just wanted to see the place. I am Abraham Lincoln.” “The president,” I gasped. The stranger shook his head and said: “No, ma’am; no, ma’am, just Abraham Lincoln, George’s old friend.” “I am George Pickett’s wife and this is his baby,” was all I could say. I had never seen Mr. Lincoln, but remembered the intense love and reverence with which my soldier always spoke of him. My baby pushed away from me and reached out his hands to Mr. Lincoln, who took him in his arms. As he did so an expression of rapt, almost divine tenderness and love lighted up

the sad face. My baby opened his mouth and insisted upon giving his father’s friend a dewy infantile kiss. As Mr. Lincoln gave the little one back to me, shaking his finger at him playfully he said: “Tell your father, the rascal, that I forgive him for the sake of that kiss and those bright eyes.” He turned and went down the steps talking to himself, and passed out of my sight forever, but in my memory those intensely human eyes, that strong, sad face – that face which puzzled all artists but revealed itself to the intuition of a little child, causing it to hold out its hand to be taken and its lips to be kissed.

The Honorable Milton Hirsch has been a judge of the 11th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law and at St. Thomas Law School. In 2013, he was the recipient of the “Gerald Kogan Judicial Distinction Award,” the highest award given to a member of the judiciary by the Miami Chapter of the Florida Association of Criminal Defense Lawyers. The above passage is an excerpt from Judge Hirsch’s Constitutional Calendar. If you would like to be added to the Calendar’s distribution list, please contact Judge Hirsch at milton.hirsch@gmail.com with your name and e-mail address.

and judges who have given up their professional practice to devote their time and energy to the public would be forced out of office without regard for their quality and integrity and the merit retention system overwhelmingly approved by Florida’s citizens.

The justices and judges of our state courts are dedicated public servants. By Constitutional mandate, they are prohibited from engaging in the practice of law and from holding office in any political party. Unlike legislators who are free to work part-time in Tallahassee while also holding down a side job or campaigning in greener political pastures, the women and men who make up our Judiciary are solely and completely dedicated to their responsibilities to uphold the Constitution and adjudicate the disputes of Florida’s citizens.

We should honor their sacrifice and support an independent Judiciary. I urge you to help educate your colleagues and acquaintances that may be faced with a ballot initiative or merit retention vote in the upcoming elections. Together we can help prevent politics from tipping the scales of justice.

Josh Wintle represents plaintiffs in personal injury and medical negligence matters at Panter, Panter & Sampedro, P.A. Mr. Wintle can be reached at jwintle@panterlaw.com.

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8 DCBA BULLETIN | APRIL 2016

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APRIL 1COUNTY COURT SEMINAR

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APRIL 5PROFESSIONALISM

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BRICKELL

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APRIL 13INTERNATIONAL LAW SEMINAR

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COURTHOUSE

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APRIL 19MARLINS CLE

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APRIL 2011TH ANNUAL COURT CARE

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CORPORATE COUNCIL SEMINAR

AND DINNER RECEPTION

LOCATION: CORAL GABLES

COUNTRY CLUB

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APRIL 22INVESTITURE FOR JUDGE GINA

BENOVIDES

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APRIL 27DINNER WITH GOV. RICK SCOTT

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APRIL 28LEGAL AID FAMILY LAW VIEW

FROM THE BENCH

LOCATION: TBA

TIME: 8:30 AM

MAY 3PROFESSIONALISM

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LOCATION: DADE COUNTY BAR

ASSOCIATION

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AWARDS LUNCHEON

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