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37 Fla. B. News 1 (2010)

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Gonzalez, Hawkins vie for Bar presidency

By Gary Blankenship
Senior Fditor
  Two veteran members of
the Bar Board of Governors
have qualified -to run for
president-elect in the March
Bar elections.
   Eleventh Circuit board
member Ervin Gonzalez
of Coral Gables and 15th
Circuit board member Scott
Hawkins of West Palm Beach
filedqualifying papers by the
December 15 deadline. It is
the first contested race for
president-elect in 10 years.
   I feel an obligation to

offer my services to help
lead the Bar, and I feel if we
don't all take turns carrying
the hegvy-load, then we
fail, Gonzalez said of his
decision to run. You have no
right to complain unless you
are willing to do something
about it.
   My record has demon-
strated an ability to reach a
broad spectrum of people
with different backgrounds,
Hawkins said. I truly
get satisfaction from my
Bar work.... It's a way
to serve while serving the

   Both are past presidents of
their local bar associations--
Hawkins of the Palm Beach
County Bar Association and
Gonzalez of the Dade County
Bar Association - and both
have extensive experience in
legal, community, and civic
   The winner of the election
will be sworn in as president-
elect at the Bar's JuneAnnual
Convention, when current
President-elect Mayanne
Downs of Orlando becomes
president. The winner will

take office as Oresident in
June 2011.
   Hawkins said his work
with past Bar'presidents
including Ray Ferrero, Jr., and
Marshall Criser influenced
his decision to seek the Bar's
top spot, adding he sees it
as a way of paying back
the opportunities he's been
   I've been very motivated
by the noble impact they've
had on Bar service,
Hawkins said. It has led me
See President, page 5

                                                                                                           est. 1974

The Florda Bar News


Volume 37, Number 1                                             floridabar.org                                                      January 1, 2010

                                                                            Bar seeks moratorium on

                                                                            Web site rules enforcement,

                                                                            Guidelines for social networking sites are also forthcoming

JAMIE LeDOUX of The Florida Bar's Tallahassee staff helps load the hundreds of toys Bar
employees donated to the U.S. Marine Corps Reserve Toys for Tots Program, one of the nation's
flagship Christmas charitable endeavors and the U.S. Marine Corps' premier community action
program. The objective of Toys for Tots is to help needy children throughout the U.S. experi-
ence the joy of Christmas.

Courts, clerks of court inching

toward an e-portal agreement

By Gary Blankenship
Senior Editor
   Florida courts and clerks
of courts are moving closer to
an agreement over an Internet
portal for the new e-filing
systen, but a final agreement
has not been reached.
   Both sides reported to
the Senate Criminal and
Civil Justice Appropriations
Committee in December and

Chair Sen. Victor Crist, R-
Tampa, warned again if the
clerks and courts can't reach
an agreement, the Legislature
will impose a solution. He
added the two sides had
another three to four weeks
to settle the matter.
   Aside from the discussion
of the portal, 11lth Circuit
Judge Judith Kreeger, chair of
the Florida Courts Technology

laid  out a
schedule for
finishing the
aspects needed
to complete the
mandated e-      cRIsT
filing system for state courts.

     See Portal, page 6

   The Board of Governors
has voted for a six-month
enforcement moratorium
- if the Supreme Court
has no objection - on new
advertising regulations
affecting lawyer' Web sites.
   At the same time, the
board has given guidance to
Bar staff answering inquiries
about the Web sites, and
the Standing Committee on
Advertisiipg has approved
guidelines to help lawyers
meet the new rules. The

advertising panel also voted
that lawyers' use of online
social networking sites is
subject to the same rules as
lawyer Web sites.
   The board acted at its
December 11 meeting in
Amelia Island, and the
Standing Committee on
Advertising approved its
guidelines at a December 8
   The activity follows a
ruling by the Supreme Court
in November that all Bar

advertising rules, except
the requirement they be
submitted to the Bar for
review, apply to lawyer Web
   That means several
common attributes ofatomey
Web sites - including
testimonials, statements
that characterize the quality
of work, or information
about past results - are not
allowed under the revised

   See Web site, page 9

Bar to support legislation to provide

lawyers for kids in dependency court

By Gary Blankenship
Senior Editor
   Saying it's a core legal
value, the Bar Board of
Governors has adopted a
legislative position that
children in any dependency
proceeding should have the
right to an attorney, and
those in certain critical
categories should have one
provided by the state.
   After hundreds of hours
of work by the Legal Needs
of Children Committee, the
board, at its December 11
meeting in Amelia Island,
adopted the committee's
recommended three-part

Court: Ur

By Jan Pudlow
Senior Editor
   Calling the indiscriminate
shackling of children
in Florida's courtrooms
repugnant, degrading,
humiliating, and contrary to
the stated primary purpose of
the juvenile justice system, a
majority of Florida Supreme
Court justices agreed
restraints may be used only
when'determined necessary
on a case-by-case basis.
   The Supreme Court's
ruling is a monumental
victory for Florida's
children, said Rob Mason,
past chair of the Juvenile
Court Rules Committee and
director of juvenile court for
the Fourih Circuit Public
Defender. He argued for the
rule change before the high
   Children in juvenile

position on representing
children in dependency
   The approval came after

and more
than two
hours of
and debate
the previous
day at the


Legislation Committee (see
story on page 11I). That panel
recommended approval 5-1,

   It's the statistical data
that shows when kids have
lawyers, they spend less time
in the foster care system,
they get adopted, they get
families, they get treatments,
said board member Gwynne
   The new position
   - Every child has a right to
an attorney in a dependency
case, whether the attorney is
a volunteer or state paid.
   - Attorneys should be
provided for children -

   and the final board vote was  See Kids, page 10

nchain the children

court are entitled to due
process and fair treatment,
and adoption of this rule is
clearly consistent with those
constitutional principles.

   The court ruled December
17 in case No. SC09-141,
In Re: Amendments to the

    See Chains, page 8

Deputy solicitor general to

• highlight FSCHS dinner
   Neal Katyal, tabbed a rising superstar by Washington
insiders, will be the keynote speaker
at the Annual Dinner of the Florida
Supreme Court Historical Society at the
University Center Club in Tallahassee
January 28.
   Katyal is the principal deputy solicitor
general of the United States. Previously
he was a distinguished professor of
national security law at Georgetown'
University, and he has held several key
legal positions in the nation's capital. He
has been at the forefront of a number of  KATYAL
high profile court cases, as lead counsel in the challenge
                            See FSCHS,,page 5


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