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13 Fla. B. News 1 (1986)

handle is hein.barjournals/flabn0013 and id is 1 raw text is: 



Attend Midyear Meeting In Orlandc) Jan. 22-25


The Florida Bar


,jnuary 1, 1956


lews


Vol. 13. Nn. 1


Florida's courts constricted by operating deficit


  Florida's court system is tightening its
fiscal belt, postponing computerized tran-
scription and calling less on retired judge
substitutes in face of an estimated $1 million
operaating deficit.
  Chief Justice Joseph Boyd announced the
deficit last month after a miscalculation was
discovered in the appropriation the legisla-
tion made last year to run the court system
through July 1, 1986.
  I don't plan to run the court system in the
red, Justice Boyd said. We will make
whatever sacrifice we have to and operate on
a constricted basis.
  He said he has asked the Governor to
assist by transferring funds. He told me he
would help but I haven't seen the money,
Justice Boyd.said. If it doesn't come soon,


we will have to limp along until April when
the legislature can make an emergency
appropriation.
  Last year's legislature granted $100 million
for the courts but an accounting error cut
that amount by $1 million. The error involved
overlapping--a practice by which book-
keepers try to estimate the amount an agency
or department will save through staff attri-
tion, Justice Boyd said. In the courts, persons
leaving positions must always be replaced
immediately and attrition does not come
into play, he said.
  Justice Boyd asked for only $300,000 of
the money now, having made up $700,000 of
it through cutbacks.
  The quality ofjustice has not suffered yet


because we are making a special effort, he
said. I just went through the budget like a
surgeon, cutting where we could.
  Computerized transcription, which Boyd
had planned to start in the courts of the 1st,
12th, and 18th judicial circuits, has been
delayed.
  We are not cutting out the item for use of
retired judges, but we are asking the chief
judges in each circuit to use them to fill in as
little as possible, he said. Without the extra
hands, Boyd said delays in trying cases are
almost guaranteed.
  At a time when we are moving forward
trying to move into the 20th century, this
economic crunch is bad. It's unfortunate, he
said.
                        -Linda H. Yates


Foundation awards administration of justice grants


  Voluntary bar associations, a Miami-
based juvenile offender rehabilitation pro-
gram, Florida's 6th and 20th Judicial Cir-
cuits and The Florida Bar's law related
education program were among recipients
of $74,324 in IOTA improvements in the
administration of justice (AOJ) grants
awarded November 22 by The Florida Bar
Foundation.
  The seven projects approved for funding
were among a group of II requesting grants
in the first of the Bar Foundation's two
annual AOJ grant rounds.
  January 10 is the application deadlinj for
grants to be considered by the foundation in
March 1986.
  In all, 21 AOJ grants totalling $325,933
have been awarded since the interest on trust
accounts program began in 198 1.
  The grant recipients were selected using
criteria developed by the foundation fol-
lowing a public hearing last January.
According to Russell Troutman, chairman
of the AOJ grants subcommittee, Priority
consideration is given to innovative projects
which demonstrate the potential for broad
and lasting impact.
  Troutman went on to list three areas
which the foundation has identified as con-
ducive to the administration of justice: im-
provements in the management and opera-
tion of the court system; alternative proce-
dures for the resolution of disputes; and
promotion and support for public interest
legal representation.
  We will also consider other projects of
extraordinary merit,Troutman added.
  ONE OF the more nuts-and-bolts
grants was $10,400 to the Sixth Judicial
Circuit. The grant will be used as seed
money to develop an automated civil-case
management and court calendaring system.


   The system -will augment automated
docketing presently maintained by the
Pinellas County Court clerk. The grant will
also create an automated statistical research
capability to measure civil -case flow dy-
namics.
   All grant applications are read by the full
 15 member AOJ subcommittee, according
to Bar Foundation executive director Jane
E. Robertson. Individual subcommittee
members take primary responsibility for
reviewing a single proposal in depth. Certain
complex proposals are also screened in a
peer review process using the expertise of
court professionals and others in the field
represented, by the grant request. The sub-
committees recomInendations are then
voted on by the full Bar Foundation board
of directors.
   Tampa attorney Jonathan L. Alpert, who
reviewed the Sixth Circuit's application, was
enthusiastic about the project, commenting


  It didn't require any Board of Governors
action. No lengthy study by committees. No
petition to the Supreme Court, no oral
argument ... No, with just a couple of
phone calls and one letter, the oath attor-
neys have been taking upon joining The
Florida Bar for the past 44 years was
amended to be free of any reference to
gender.
  It began when [15th Circuit] Judge Mary
Lupo had occasion to administer the oath,
and she noticed the language and mentioned


that This
have seenw
the trees. TI
manageme
cated that t
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   Falling
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Judicial Ch
divorce me
then train
divorcingc
   The fou
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wanting I
substitute I
Executive
said the fo
balance by
which wou
IOTA fun
demonstrat


New oath reflects change


it to [Boarc
Wroble, re
ucl, credited
the amendr
and I agree
changing 'hi
as not to exc
  So I wro
Board of Bi
forwarded n
and they cha
  You can't


   I do solemnly swear

   I will support the Constitution of the United States an
 of Florida.

   I will maintain the respect due to courts of justice ain

   I will not counsel or maintain any suit or proceeding V
 unjust, nor any defense except such as I believe to be hon
 of the land.

   I will employ for the purpose of maintaining the cause
 only as are consistent with truth and honor, and will neve
 jury by any artifice or false statement of fact or law.

   I will maintain the confidence and reserve inviolate t
 will accept no compensation in connection with their b
 with their knowledge and approval;

   I will abstain from all offensive personality and adva
 honor or reputation of a party or witness, unless requir
 with which I am charged.

 I will never reject, from any consideration personal
 defenseless or oppressed, or delay any person's cause fo
-God.


is one of the few grant requests I provided by the state or other resources.
which is looking at the forest, not Robertson went on to say that acceptance
'he eventual goal is more efficient  of such projects by judges, court personnel
nt of civil litigation. Alpert indi-  and local bar members is the key to founda-
the project could serve as a model tion approval. Projects which can be replica-
risdictions                       ted elsewhere are also given high priority,
in the alternative dispute reso-  she said.
gory is a $3,000 grant to the 20th  THE WORK of Dade County juvenile
ircuit to train court personnel in courts was given a boost with a two-year
ediation. Court personnel will  $33,874 grant to the Dade Marine Institute,
divorce mediators and assist  Inc. The institute, one of 13 private non-
couples directly,                 profit organizations affiliated with the Asso-
adation has been careful in con-  ciated Marine Institutes, works with delin-
grant requests from courts, not   quent children ages 14 to 18. The youth are
OTA grants to be viewed as a      referred to'the program by Dade County
for state funding, according to   Juvenile Court-judges for rehabilitation,
Director Jane Robertson. She   training and placement.
oundation has tried to strike a     The nonresidential program offers year-
y funding innovative projects  round classes in academics and in activ-
uld not be undertaken without  ities/safety. The institute is unique in its
nds and where the court can       marine setting, which institute staff says is
te that ongoing support will be   an important motivating factor.
                                    In a novel form of fundraising which is
                                 also part of the rehabilitation program,
                                 boats donated to the Associated Marine
Sin  Florida Bar                  Institutes are refurbished by the youth and
                                 then sold. The Dade program keeps the
                                 revenue from smaller refurbishing projects
rd of Governors member] Art    and the youth sometimes serve as crew
call Bar Preidernt  P t Emma members and deliver the finsihed boattothe
.call By r the fidengingt about   new owner. One group of teenagers sailed
dby the court for bringing about from Miami to Tampa.
nent. He mentioned it to me,  fo    im   oTma
ed that we should change it-     Over the last year, an average of 40
im' and 'his' and what have you, students attended institute classes daily.
elude women lawyers.              Sixty-seven percent of the students referred
tea letter to the chairman of the by the courts have completed the program,
a lexamersAppchaireantlythe with more than 85 percent successfully
Bar Examiners. Apparently he     placed in school,jobs or the Armed Forces.
my letter to the Supreme Court,     According to Judge Seymour Gelber,
anged the language.              administrative judge of the 11lth Circuit
A beat that for quick service.  Juvenile Court, The Dade Marine Institute,
                                 ...has been one of the most successful
                                 programs for keeping youngsters from re-
dturning to the courts.
                                   The IOTA grant will be used to fund the
                                 salary of a new community coordina-
                                 tor/counselor who will implement a full-
                                 time job placement program and work with
id the Constitution of the State the students and their families. The IOTA-
                                 funded staff member will also monitor court
                                 ordered restitution and follow-up on stu-
nd judicial officers,            dent progress for the six months following
                                 completion of the program.
which shall appear to me to be   THE TWO local bar association grants
estlydebatable underthe law   were both awarded to the Young Lawyers
                                 Section of the Dade County Bar Associa-
                                 tion.
                                   The bar was awarded $3,050 for its pro se
;s confided to me such means  divorce clinic project. The funds will be
er seek to mislead thejudge or   used to reprint instructional materials and
                                 sample pleadings and to produce a 25-
                                 minute videotape describing the pro se
the secrets of my clients, and   process.
business except from them or       IOTA grant funds will also be used to
                                 purchase a videotape recorder/playback
                                 unit.
                                   The Dade County young lawyers began
rce no fact prejudicial to the   the free monthly clinics in 1984 with funding
ed by thejustice of the cause  from the American Bar Association Young
                                 Lawyers Division and the Dade County Bar.
                                 Applicants for the clinic are first screened by
I to myself, the cause of the  Legal Services of Greater Miami to deter-
r lucre or malice. So help me  mine if they meet the program's financial
                                 criteria of 150 percent of federal proverty
                                               (Please see Grants, page 3)
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