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6 Fla. B. News 1 (1979)

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what's Inside...

     Supreme Court Orders Discpline ..... page 2
     Nominating Petitions Due
       February 15 ...................... page 3
     Committee Proposes Group
       Legal Legislation .................. page 3
     Board Will Consider
       McFarlain Contract ............... page 5

i      January 15, 1979                                                               Vol. 6, No. 1

Nominating Commission. Begins

Interviews for Federal Judgeships

   The Federal Judicial
 Nominating Commission of
 Florida isinterviewing54 persons
 residing in the Northern and
 Middle Federal Court Districts of
 Florida who have applied for
 nomination to the new federal
 district judgeships recently
 created by Congress. The
 list of peirsons residing in the
 Southern District to be
 interviewed will be released at a
 .later date.
   Over 200 applications for the
 nine new federal judgeships in
 Florida. were received by the
 commission. Several applications
 were from females and several
 from blacks, commission
 Chairman Patrick G. Emmanuel
 The commission expects to
 complete its list of names to be
 recommended to United States
 Senators Lawton Chiles and
 Richard Stone by the end of
 January, 1979.
 Applicants from the Northern
 and Middle Districts to be
 interviewed and their place of
 residence are listed  below.
 Emmanuel said persons with
 information pertinent to the
 qualifications of any of the 54
 may write him in confidence to
 P.O. Drawer 1271, Pensacola
 Abner, L. Pharr, Winter Park
 Avera, William N., Gainesville
 Baker, Joseph P., Orlando
 Beverly, Virginia Q., Jacksonville
 Black, Susan H., Jacksonville
 Bower, N. Russell, Panama City
 Burke, Charles W., St. Petersburg
 Campbell, Monterey, Bartow
 Canaday, Arthur C., Tallahassee
 Castagna, William J., Clearwater
Cobb, Warren H., Daytona Bch.
Cobb, Wayne L., Dade City

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        '  . i 0   : ro*

      i  ..1171:I~i.I

Crabtree, Granville, Jr., Sarasota
Diamantis, George N., Orlando
Eagan, Robert, Orlando
Ervin, Richard I, Tallahassee
Flack, Evelyn R., Crawfordville
Fleet, Erwin, Shalimar
Foster, Leo, Tallahassee
Frank, Richard H., Tampa
Gaines, Robert P., Pensacola
Grandoff, J. Bert, Tampa .
Green, R. A., Jr., Gainesville
Grissett, W. E., Jr., Jacksonville
Hanlon, Morton J., Tampa
Hatchett, Joseph W., Tallahassee
Higby, Lynn C., Panama City
Hoffman, Elmo Rogers, Orlando
Jackson, Edward M., Cocoa
Joanos, James E., Tallahassee
Jopling, Wallace M;, Lake City
Kovachevich, E. A., St Petersburg
Lenfestey, James A., Tampa
Marshall, Reese, Jacksonville
McDonald, Parker Lee, Orlando
Mills, E. R., Jr., Tallahassee
Mitchell, Henry Clay, Pensacola
Nimmons, R. W.,Jr., Jacksonville
Paskay, Alexander L., Tampa
Paul, Maurice M., Orlando
Pierce, George H., Starke
Pleus, R. J., Jr., Orlando
Reinstine, Franklin, Jacksonville
Salcines, E. J., Tampa
Salfi, Dominck J., Sanford
Schlesinger, Harvey, Jacksonville
Shafer, Robert T., Jr., Fort Myers
Smith, Garland T., Pensacola
Spicola, Joseph G., Jr., Tampa
Subin, Eli, Orlando
Swigert, William T., Ocala
Tumin, David U., Jacksonville
Wells, Clyde B., DeFuniak Spgs.
Westman, Robert T., Cocoa

  The Board of Governors will
consider legislative proposals to
set post judgment attorneys fees
and regulate group legal services
and plans, a new contract for the
Bar's legislative counsel, and
decide if the Bar should go ahead
with a 30-minute film on the right
to trial by a jury.
  These proposals are among
items included on the agenda for
the Board's meeting January 18-
20 at The Florida Bar Center in
  An   executive session is
scheduled from 9:15 a.m. to 12:30
p.m., Thursday. January   18,
when the Board will act on
disciplinary cases.
  At 2 p.m., Thursday, Charles
Early, chairman of the Real
Property, Probate and Trust Law
Section, will present a resolution
of the section asking that it be
authorized to propose, support or
oppose legislation, governmental
regulations, and appear asamicus
curiae in selected court cases
where important questions of
broad statewide application are
involved. The section will also

72% of Bar's Disciplinary

Cases Over                                                   -.               /iysl

  A   year-end   review    of   abundantly clear they expected the committee. It may simply
  disciplinary cases pending with  us to remedy the delay problem.  mean that the committee is not
  grievance committees of The   It is a duty undertaken which  moving cases once it gets them,
  Florida Bar shows that 72 percent  must be fulfilled, Floyd said.  Faulkner reported.
of the total caseload is over 90 .                               Ile Bar -is keeping closer
days old, 46 percent is over i    President Floyd has agendaed review of ase status with the aid
months old and 22 percent is over  for the January 18-20 meeting of of case status htea
one year old.                   the. Board   of Governors      of sh computer records ystem
  Only two of the 53 grievance  recommendations to eliminate   initiated by   the grievance
                  Onlytwo f th 53 rievncedepartment of the headquarters
committees in the state,        any time-consuming unpro-      office  last year, and     in
Committees 2 and 18 C, are 100  ductive administrative proce-
percent current with no case    dures grievance committees have anticipation ofanew ArticleX] of
more thun 90 days old           had to follw. Hena aked        the Integration Rule now pending
                                                               with the Supreme Court of
  Bar President Robert L. Floyd, grievance committees to suggest  Florida  that may *nclude a
on reviewing the status report, other improvements that might  speedy ta rule.
wrote all grievance committee                                    Abe made special Suprlr:e Court
chairmen and members, each        In the status report filed by Disciplinary  Procedure Com-
member of the Board of          Staff Counsel Norman Faulkner  mittee chaired by then Justice
Governors and each grievance    on December 21, committees     Fred Karl recommended, among
office employee, urging their   were rated on the composite    other extensive changes ina final
active help now to maintain the percent figure  obtained  by   report to the court last February,
integrity and competency of the averaging percentages for 90-day  that lay persons be added to
  ret                           cases, six-months cases and year- grievance committees, that
  I regret to say that we are still  old cases. Faulkner said the  complaints be screened initially
notsure doin the a mane that  report -reflected substantial  by a staff counsel and that paid
membuesup gavte u he the  progress in some committees but  investigators be used in selected
membership gave us when they    very little progress in others since  matters in order to develop the
voted the dues increase. I do   a previous report compiled in  case for expeditious action by a
particularly commend    those   October.                       grievance committee. The
grievance committee chairmen                                   recommendations were included
and members of the Second        Faulkner  asked   designated  in the new rule for which oral
Circuit and of Committee 18 C   -eviewers and committee        argument was held by the court
who have their committees in 100 ,airmen to review caseloads to Last May.
percent current status. The 51 uetermine if additional
committee chairmen who have    committees need to be created.  Staff Counsel Faulkner said the
not yet reached fully current  In general, I do not believe that a  process will be helped by the new
status must consider more      committee   can   satisfactorily rule if adopted but problems will
extensive utilization of the   handle a workload of more than  still exist. Each complaint will
services of the very professional  ten cases. To meet a 90-day target  require investigation and findings
investigators that are available to  approximately one-third of a  by a grievance committee before
them  if timely completion of  committee caseload must be      a case can get underway.
investigations is the problem, closed  or forwarded   each     The number of cases and their
President Floyd wrote,          month. A  higher number of    status for each grievance
  In supporting the recent dues  pending cases than 10 does not  committee as of November 24,
increase, themembershipmadeit  necessarilyindicateaneedtosplit 1978, are set out on page 3.

ask the Board to appoint no new
or additional committee which
encroaches on areas of practice of
the section, give the section
responsibility of the Probate and
Guardianship Rules Committee,
give the section representation on
the Board of Governors, and
prohibit the Bar staff from
publishing any books within the
section's area of practice without
first obtaining the coordination of
the section. The resolution was
first proposed in September but
was deferred for consideration
by the Board.
  The Agriculture Law
Committee will also ask the
Board to approve a resolution the
committee adopted last July,
hoping to bring to the attention of
the Senators and Congressmen of
Florida the legal and financial
burdehs placed on the farmers
and agronomists of Florida who
must abide by governmental
standards for the use of pesticides
and chemicals, minimum wages,
safety standards, product size
and  quality  and  the unfair
competition from foreign trade

permitted by the government
without such regulation.
  Six prepaid    group  legal
services plans will be detailed to
the Board   for approval by
committee chairman Joseph C.
Segor, and a special committee
chaired by President-elect L.
David Shear will unveil a lengthy
legislative package proposed to
regulate group legal services by
the  Insurance  Commissioner.
These legislative proposals are
explained in a separate article
elsewhere in this issue.
  The   question  of which
company the Bar will endorse as
the underwriter of professional
liability insurance for Florida
lawyers will be resolved by the
Board following'presentations by
several interested groups
Thursday at 4:15 p.m. More
information concerning  these
insurance proposals appears in a
separate article in this issue and
on page t of the December 25
issue of the News.
  The Attorneys' Fees Coni-
mittee is expected to present a
proposed  bill based  on the

concept that the party recovering
the judgment shall be entitled to
an asta of reasonable attorneys
fees for services rendered
subsequent to   entry of the
judgment, which are necessary
and reasonably designed to effect
payment and satisfaction of the
judgment. Such fees are to be
taxed as costs and collected in the
same manner.
  Public Relationr committee
chairman. David W. Foerster will
bring the Board up to date on the
Bar's public relations program
and   advise it about the
committee's plans for the annual
media awards presentations at
the Bar's Annual Convention.
Committee member Judy
Kreeger will outline plans for a
.se-half hour film on the right to
trial by a jury. The television
documentary would present the
history of the jury system, its
importance in America. and its
significance as a means of
participatory democracy.
  Among other reports :o be
heard by the Board are those of
          Continued on page 3


Board of Governors Will Consider Legislative Proposals,

Resolutions, Insurance, Public Relations January 18 - 20

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