About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

24 Fla. B. News 1 (1997)

handle is hein.barjournals/flabn0024 and id is 1 raw text is: 





Jacksonville's. Coker named president-elect


  Jacksonville trial attorney and Board
of Governors member Howard C. Coker
has become president-elect designate of
The Florida Bar. He will be sworn inas
president-elect at the JuneAnnual Meet-
ing and will become president the follow-
ing year.
   Coker was the only Bar member to file
for the post, and his election became of-,
ficial December 16 when filing closed.-It's
the third year in a row the Bar has had
an uncontested election for president-
elect.
   I certainly consider it -an honor and
a privilege, the new president-elect des-
ignate said. He added the Bar can use
the time that would have been focused
on a contested election to meet hal-
lenges in the upcoming legislative ses-
sion.
   He said lie sees two major tests, and
a host of other issues that will require
the attention of the Bar.
   The most significant challenge we
have will be the delivery of legal services
to the poor, Coker said, noting Congress


'1 think we need to

     take a very

     pragmatic

     approach to

helping lawyers in

  small firms and

  solo practices!


has cut: funds for legal. aid programs.
While legal services to the poor.is a so-
cietal problem, I think it is going to be


placed at the feet of lawyers. How well
the Bar addresses assistance to the poor
will have an effect on such things as man-


The Flo                                                                                                         News


January 1., 1997.a Vol. 24, No.I


Fifteen elected:
   Fifteen lawyers have been elected or
reelected to The Florida Bar. Board of
Governors, and another seven seats Will
be determined by ballot in March elec-
tions. Filing for the board seats closed
December16..
   TheBr is also preparing to hold spe-
cial elections for two seats where mem-
bersare leavinig early.

Gov. to address

Bar conference
   Gov. Lawton Chiles has been con-
firmed as the .keynote speaker for the
January 22AII Bar Conference in Miami.
   Conference Chair Edith Osman said
the Governor agreed December 19 to ad-
dress the annual gathering of local and
state bar leaders, held in conjunction
with the Bar's Midyear Meeting.
   I was absolutely ecstatic that he ac-
 cepted, Osman said. This is the first
 time he has spoken to a lawyers' gather-
 ing that I can recall. We have a group of
 significant bar leaders, and I believe this
 dialog is overdue.
   Seating is limited for the luncheon,
 which is jointly sponsored by the Dade
 County BarAssociation. Tickets are $25.
 Registration information is available
 from the Dade Bar - (305) 371-2220 -
 or the Bar's Public Information and Bar
 Services Department - (904) 561-5764.
   Voluntary bar representatives have
 until January 10 to confirm their partici-
 pation in the program.
   Osman said a number of other well-
 known judges and lawyers will partici-
 pate as conference speakers, including
 Chief Justice Gerald Kogan, federal
 Judges William Hoeveler and Peter Fay,
 Broward Chief Judge Dale Ross, retired
               See Chiles, page 8


httpDJ/www.FLABAR~org


         06...:0.1-o
 t0 Boardof Governors; seven elections set
 Here are'the contested elections:     - * In the Eighth Circuit, seat one, in- * In the 11th Circuit, seat eig
   e In the Second Circuit,, seat one, in-  cumbent James G. Feiber, Jr., is being  Sharon L. Langer of Miami, Andr
cumbent'Jon Whitney of Tallahassee is challenged by Stan Cushman. Both are  Needle of Miami andAdam R. Schiffn
being'challenged by Kelly Overstreet, from Gainesville.                     ofAventura are running to replace re
Johnson of Tallahassee.                  * In the Ninth Circuit, seat two, Ri-  ing board member Dean C. Colson.
   o In the Fifth Circuit, seat one, Jean  chard H. Adams and Michael P.     seat 10, Michael Diaz, Jr., Richard
A. Bice of Ocala and Daniel B. Merritt,  McMahon, both from Orlando, are run- Leslie, Arthur Halsey Rice and Nei
Sr., of Bibksville are running to replace  ning to succeed retiring board member  Robertson' all from Miami, are runn
retiring-board member. Roger L. Rice. Lawrence J. Phalin.                    to replace retiring board member Sc
                                  :,..'.s        ' ' ..                    T. Haena.


*ht,
rew
man
etir-
For
M.
il P.
ing
cott


   * In the 15th Circuit, seat 2, Jerald
S. seer of West PalmBeach and Richard
B. Kay of'Tquesta are running to replace
retiring board member Robert V. Romani.

Elected Unopposed
  Twelve incumbent board members
were returned without opposition. They
are: Henry M. Coxe III from Jacksonville
in the Fourth Circuit; Anthony S.
Battaglia from St. Petersburg in the
Sixth Circuit; Herman J. Russomanno,
Manuel R. Morales, Jr., and Edith
Osman, all from Miami, in the 11th Cir-
cuit; John Patterson of Sarasota in the
12th Circuit; Marsha G. Rydberg of
Tampa in the 13th Circuit; David D.
Welch of Pompano Beach, William S.
Spencer of Hollywood and John Hume of
Coral Springs in the 17th Circuit; Louis
B. Vocelle, Jr., of Vero Beach in the 19th
Circuit; and Michael P. Stafford of Gar-
den City, NY for an out-of-state seat.
   Three new members were elected
without opposition. They are Mark P.
               See Board, page 4


CCR faces legislative ba..le

By Mary Smith Judd
Assistant Editor

   State Sen. Charles Williams has prefiled a bill to abolish the Capital Collat-
eral Representative office, saying he wants to shorten the death penalty appeals
process.
   Challengers of the bill argue the proposal would further delay the process.
   Itjust makes little sense that we fund our state attorneys, we fund our judges,
we fund our court system to the degree
that we do and the Office of Capital Col-.Capial
lateral Representative seems to thwart                    Cpt
everything that the law calls for in the  *.,             Collateral
way of capital punishment with their                      Representative
post-conviction, frivolous appeals that. _                Michael
just bog down the court system and de-                     Minerva was
lay the execution for many years and at        -           not among
great expense to the people of Florida,                   those
Williams ad.                                              applying to
   The Live Oak Democrat said he does                     lad the
 not want to do away with the mandatory                   office into the
 appeals process provided in both the U.S.                 21st Century.
 and Florida constitutions, but said re-                   Story, page
 view by the BQard of Clemency and the                     16.
 Governor provides4proper safeguards in
 the law.
   The state is responsfible for providing representation only to a point, Williams
 said. Once the U.S. Supreme Court has reviewed it and refused to hear it, at that
 point, I believe the execution .should be carried out, he said.
   Larry Spalding of Tallahaiseedirector 4f.the CCR office from its opening in
 1985 until 1993, said the bill reflects a lackof understanding of the appeals pro-
 cess.
   I don't think he understands the duie process and equal protection needs of
 inmates, even those on death row.

 Growing Caseload
 . Spalding said the office was created because Florida had one of the largest
 death row populations in the nation and there were not enough volunteer lawyers
 to handle inmates' appeals.
    Since 1985 the number of people on death row has almost doubled and there
 is no reason to believe that volunteer attorneys could be recruited to handle these
 cases,  he said. Consequently, if one makes the assumption that the courts will
 not execute death-sentenced inmates without attorneys, then everything stops,
 which is the exact opposite result that Sen. Williams intends. He seems to believe
 that if we don't have attorneys, then valid legal issues can't be raised and people
 will be executed much faster.
    That's a valid assumption only if the state and federal courts agree that they're
 going to execute people without lawyers, which is a position they have adamantly
 opposed, Spalding said.
    Although critics of the bill fault the senator's approach, many share his frus-
 tration.
    The Associated Press recently reported 2,998 prisoners nationwide were un-
                                                     See CCR, page 16


        60.r2
      minutes     L9-3
      with the      i    ; IJ
      Board of
    Governors

All members of The Florida Bar are
invited to address the Board of Gover-
nors at 8:30 a.m. on January 10 at Its
Tallahassee meeting. The board will
meet at The Florida Bar Annex.

Please appear at least 10 minutes before
the meeting to sign in.


datory pro bono and the Bar's efforts to
make *voluntary the current mandatory
-pro. bono reporting rule, he added.
   The second biggest challenge we face,
in my opinion, is the [upcoming] Consti-
t ~tin Revision Commission - which I
.th~hk will present us with opportunities
49d challenges and we have to be ready
for both, Coker said.
   Programs that must be continued, he
 said, include programs which improve
 the public perception of lawyers, pro-
 grams which keep lawyer regulation un-
 der the Supreme Court, and new efforts
 by the Bar and court to promote profes-
 sionalism. Also, I think we must be ever
 vigilant in terms of preserving the inde-
 pendence of our judiciary, Coker contin-
 ued.
   I think we need to take a very prag-
 matic approach to helping lawyers in
 small firms and solo practices. I think
 we need to practice the politics of inclu-
 sion and not the politics of exclusion.

                See Coker, page 2

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most