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23 Fla. B. News 1 (1996)

handle is hein.barjournals/flabn0023 and id is 1 raw text is: 





A Warm R~eption


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By Gary Blankenship
Aqsociat Editor
   Rule changes to shorten Florida Bar
president-elect campaigns, improve Bar-
provided information about the candi-
dates and cut the Bar's costs have come
one step closer to adoption.
  The Bar Board of Governors unani-
mously approved the changes in a straw
poll December 8 during its New York
City meeting. Bar President John De-
Vault said he wanted to delay formal
approval of the amendments until the
board's January 25-26 meeting in Tal-
lahassee to allow members to comment
on the proposals.
  DeVault had ap-
pointed a special
commission, chaired
by former Bar Presi-
dent Ray Ferrero,
Jr., of Ft. Lauder-
dale, to look at ways
to  shorten   cam-
paigns and reduce
costs for candidates.
  The Bar adopted
rule   changes   in       FERRERO
1992 with the same goal, but Ferrero
said the commission felt more could be
done. He said the commission talked to


all candidates in contested races since
those rules were adopted, as well as Bar
staff.
  Without exception, all of the candi-
dates felt that we would be doing a
service if we could continue to compress
the time in which the election takes place
and provide additional services to the can-
didates to reduce costs, Ferrero said.
'That is where we are headed.
  He said the commission proposed
switching the start of electiGn filing from
May 15 to November 15, and the filing
deadline from June 15 to December 15.
President-elect balloting would be moved
from November to March, in conjunction
with the Board of Governors elections,
as it was done before 1992.
  Holding the elections simultaneously
will save the Bar at least $40,000, Fer-
rero reported.
  In addition, the commission proposed
that the Bar News beef up coverage of
candidates. That currently includes giv-
ing candidates a half-page to make
platform statements, publishing candi-
dates' answers to a list of questions, and
selling them ads at cost.
  We recommended to the Bar staff we
have more hard news, Ferrero. said, in-
cluding increasing the number of News


NEW   YORK MAYOR Rudolph Giuliani, left, welcomes Florida Bar members to a
reception at the mayor's Gracie Mansion home December 7. Listening to His Honor,
from the left, are is wife, Donna Hanover, mayoral friend and Miami attorney Jon Sale
and Bar President John DeVault, who presented Giuliani with a resolution making him
an honorary Florida Bar member.


editions in which candidates answer
questions.
  The changes would shorten the cam-
paign from about six-and-a-half to three-
and-a-half months, which should both re-
duce the cost and the time candidates
would have to spend away from their prac-
tices, he said.
  The rules would also stipulate that no


mailings or campaign activities could be-
gin before November 15, and that the
January 1 Bar News would carry a story
introducing the candidates.
  Board member Scott Baena, who ran
in the 1993 election, praised the changes.
  It is indeed a good idea, he said. I

             See Elections, page 4


January 1, 1996o Vol. 23, No. 1                                                                                         ..n. Continuing Education Guide


Hillsborough YLD President Debra
Schrils displays teddy bears her
group is selling to benefit foster chil-
dren in the Tampa area. Young law-
yers groups are again sponsoring
Christmas in January for underprivi-
leged kids statewide.

o A fourth Board seat for out-of-
staters is recommended. Page 4

o A new ad rule study may be
in the offing. Page 5

o Florida Bar services will be
the focus of the January 10 All
Bar Conference. Page 6

o Appellate rule amendments
have been sent to the Supreme
Court. Page 12

o President DeVault has named
a group to study JNC appoint-
ments. Page 16


             (a           12
         minutes      9       3
         Ujith the
         Eoavmd of
     tGovernorWS

  Members of The Florida Bar are invited to
  address the Board of Governors in
  Tallahassee on January 26 at 8:30 a.m. in
  Room 114 of the Bar's annex building.
  Please appear at least 10 minutes
  before the meeting to sign in.


By Gary Blankenship
Associate Editor
  Merit selection and retention should be
extended to all trial judges, and circuit
and county court judicial candidates
should have 10 years of legal experience
instead of the present five.
  Separate county and circuit courts
should be maintained, but barriers to as-
signing county judges to circuit duties
should be eased.
  Also, the Judicial Qualifications Com-
mission should be substantially re-
vamped.
  Those are among the final recommen-
dations adopted by the legislature's
Article V Task Force w hen it held its
final meeting December 18. The panel's
report is planned to go to the legislature
by January 1. An executive summary of
that report is included in this News.
  At The Florida Bar Board of Gover-
nors' December 8 meeting, President
John DeVault said the Bar will be giving


By Mary Smith Judd
Assistant Editor
  Members of The Florida Bar may look
back on 1995 as a year shaping the prac-
tice of law into the 21st Century with
major rule revisions, a legislatively man-
dated study of the state constitution's
justice system framework and challenges
to the unified Bar.
  A legislative effort to put a constitu-
tional amendment on the ballot transfer-
ring lawyers regulation from the Su-
preme Court to the legislature was
defeated in the spring.
  But the debate over control of the prac-
tice of law was not over. Opponents of
the Bar ncxt suggested to the legislature


expedited review to the proposals so the
board can take a stand on the task force
report.


Recommendations:
o State pays Art. V costs
o Open up JNC deliberations
o Merit selection for all judges
o Increase county judges' terms and
   experience requirements

Executive summary, page 14

  DeVault said sections and committees
will be asked to review the report during
the January 11-14 Midyear Meeting and
forward their comments to the board,
which vill take up the report at its Janu-
ary 26-27 meeting in Tallahassee.
  He said he will also discuss the propos-


that it had the authority to control the
budgets of the Bar, Bar Foundation and
Board of Bar Examiners.
  President John A. DeVault commis-
sioned a study by three constitutional
lawyers-former chief justices Raymond
Ehrlich and Alan Sundberg and former
Fourth DCA Judge John Beranek-who
said the organizations were not state agen-
cies relying upon general revenue funds,
a'nd thus were not subject to legislative
control.
  DeVault said the study was thorough
and well-reasoned, and should be persua-
sive to the legislative committee looking
               See o euiowi, pago 7


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als in a luncheon speech at the January
10 All Bar Conference.
  The task force has been meeting for
more than a year and a half, including
holding public hearings around the state.
For the past several months, it has been
hammering out its proposals to meet its
legislative charge of reviewing the court
system and the education, selection, train-
ing and discipline of judges.
  The task force had earlier decided that
it would make no final recommendation
unless approved by a three-fifths of' the
members at that meeting. Only one of
more than a dozen proposals voted on at
the meeting fell into the gray area of win-
ning majority approval but failing to get

          See Task Force, page 13


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