Two days a week, University of Georgia researcher Michael Toews searches for and tests mobile apps on his smartphone and works on developing new mobile apps, all in an effort to help Georgia farmers manage their crops more efficiently. Toews is a co-director at the UGA Center for Invasive Species and Ecosystem Health, or the Bugwood Network, located at the UGA campus in Tifton, Georgia. The center is staffed by faculty from the UGA College of Agricultural and Environmental Sciences and the Warnell School of Forestry and Natural Resources.An entomologist with CAES, Toews’ research focuses on helping growers fight pests. Stink bugs, a major pest affecting cotton and other row crops, top his list, so much so that he developed EDDMapS IPM, the Early Detection and Distribution Mapping System for Integrated Pest Management app. The EDDMapS app, which is compatible with Apple and Android devices, allows scientists and farmers to track pests and make management decisions based on populations in fields and across landscapes.“Anyone can identify a stink bug with assistance from pictures found in another app, called ‘SE Agricultural Stink Bug ID,’” Toews said. “We collected live bugs while doing field work for several years. Each bug was brought back to the laboratory live, where we could get them to lay eggs so we could take pictures of all the life stages for each species.”The information from the tracking apps goes into the database and is uploaded to the EDDMapS app. Each data point is automatically stamped with the current time, date, latitude, and longitude and can be downloaded and sorted for further analysis, Toews said. Toews shares his research with Georgia farmers and consultants through print and online publications, websites and workshops. He recently held a workshop specifically to share a host of mobile apps, created by UGA and other universities, with UGA Cooperative Extension county agents. “This is the wave of the future. We have to harness technology,” said Toews, who uses a rugged smartphone that can stand up to agriculture work, like getting soaked by center pivot irrigation. “I tell everyone that the Georgia Pest Management Handbook is now available, but it’s not very practical to carry a 3-pound book to the field. (But when it’s online) you can carry all that information on your phone.”Most of the apps that Toews recommends ask the users a few questions before providing pest control recommendations from experts. Toews encouraged the Georgia county agents to sign up to receive notifications of growing pest populations or new pest sightings. “My goal is to help the agents disseminate research information to growers as quickly and efficiently as possible,” he said.With recent funding from the U.S. Department of Agriculture’s National Institute of Food and Agriculture, Toews is currently tracking three Georgia row crop pests: sugarcane aphid on grain sorghum and white mold and peanut rust on peanuts. “Sugarcane aphid is a devastating invasive insect that migrates into Georgia each summer. It’s a new emerging pest,” he said. “Although the environmental conditions have to be favorable for a disease epidemic, the inoculum for white mold is present in every peanut field in Georgia; conversely, peanut rust is spread by spores that are dispersed in tropical storms over long distances, so we may or may not see that disease this year.”Toews recommends the following agriculture-inspired mobile apps to Georgia farmers and other agriculture professionals.Calibrate My Sprayer: Developed by Clemson University Extension, this app enables growers to properly calibrate any type of spraying equipment, including broadcast and banded applicators. Early Detection and Distribution Mapping System: Developed by UGA’s Bugwood Network, this app provides a quick and accurate way to document invasive species in the field. It is fast, easy to use and doesn’t require geographic information systems, or GIS, experience. GA Cotton Insect Advisor: Also developed by UGA’s Bugwood Network, this app is an expert system for determining Extension-prescribed insecticide treatments to manage cotton insect pests. Built-in functionality allows the app to include the correct threshold for a specific week of bloom and best recommendations to avoid a flare-up of secondary insect pests, like aphids and whiteflies.Mix My Sprayer: Developed by Clemson University Extension, this app was created to help with quick, accurate calculation of product mixes that will be applied with spraying equipment. MyIPM: Developed by Clemson University Extension and UGA Extension, this app provides IPM information to conventional and organic blueberry producers in the southeastern United States. Emphasis is placed on identification of insect pests, damage assessment, control and known insecticide resistance issues. SE Agricultural Stink Bug ID: Developed by UGA’s Bugwood Network, this app helps farmers identify stink bugs and know which ones to control. “Not all stink bugs need to be treated and some species are resistant to commonly used insecticides,” Toews said.SmartIrrigation Cotton: Developed by the University of Florida and UGA, this app uses meteorological data, soil parameters, crop growth stage, crop coefficients, rainfall and irrigation applications to estimate root zone soil water deficits.VegDr: Georgia Vegetable Disease Guide: Developed by UGA’s Bugwood Network, this app helps growers identify and treat vegetable diseases of cucurbits, tomato and pepper through the use of colorful photos that show the typical symptoms of each disease. Toews’ “big picture idea” is to be able to use mobile apps, and human scouts, to track everything from insects and diseases to flu epidemics.For more information on EDDMapS apps, go to eddmaps.org. Mobile apps from Clemson University can be found at clemson.edu/extension/mobile-apps. Several irrigation apps developed by the University of Florida, UGA and the USDA can be downloaded at smartirrigationapps.org. A host of other apps can be found on UGA’s Bugwood Network at apps.bugwood.org/apps.
Prosecutors Seek Imprisonment of Blankenship During Appeal FacebookTwitterLinkedInEmailPrint分享Ken Ward Jr. for the Charleston (W. Va.) Gazette:Prosecutors are urging a federal appeals court not to allow former Massey Energy CEO Don Blankenship to remain free while that court considers Blankenship’s challenge of his conviction for conspiring to violate mine safety and health standards at the Upper Big Branch Mine, where 29 workers died in an April 2010 explosion. Government lawyers argue that allowing Blankenship to continue his $1 million bail would be contrary to the general mandate of federal law, which is that delaying the start of a jail sentence during appeal is only allowed in “exceptional circumstances.” “None of defendant’s contentions raise a substantial question likely to result in reversal,” Assistant U.S. Attorney Steve Ruby wrote in a 42-page court filing submitted to the 4th U.S. Circuit Court of Appeals Monday night. “If the court were to grant defendant’s motion, it would upend the statutory presumption favoring immediate service of sentence.” Currently, Blankenship is scheduled to report to a so-far unidentified federal prison on May 12, to begin serving a one-year sentence. U.S. District Judge Irene Berger sentenced Blankenship to that prison term — the most allowed under existing law — and to a $250,000 fine, which Blankenship has already paid. Blankenship, 66, was granted permission to surrender voluntarily. Prosecutors oppose Blankenship bid to remain free pending appeal
Pursuant to Standing Board Policy 1.60, the Board of Governors of The Florida Bar hereby publishes this notice of intent to consider or take final action at its January 30 meeting on the following items. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable. Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective. To receive a full copy of the text of any of these proposed amendments call (850) 561-5751 — reference any requested proposal by its title or item number and date of this publication. RULES REGULATING THE FLORIDA BAR Chapter 1 General Subchapter 1-3 Membership 1. 1-3.8 Right to Inventory Summary: Creates new subdivision (e) which would require each member of the bar who practices law in Florida and who is the only lawyer responsible for protecting the interests of the member’s clients to identify another member who is willing to serve as inventory attorney in the event of any need for such; clarifies that the designated member is under no obligation to serve in that capacity. Chapter 3 Rules of Discipline Subchapter 3-5 Types of Discipline 2. Rule 3-5.1 Generally Summary: Within subdivision (c), clarifies that a failure to comply with terms of probation or a finding of probable cause for misconduct during probation may be prosecuted as contempt and processed as other contempt proceedings elsewhere; additionally confirms that any order of sanctions for contempt hereunder may also terminate probation previously imposed; consistent with proposed changes in rules 3-6.1, 3-7.2, 3-7.10, and 3-7.12, within subdivisions (g) & (j), revises the term “disciplinary resignation” throughout, to read “disbarment on consent”; additionally within (j), streamlines verbiage to reflect that disbarment by consent shall have the same effect as and shall be governed by the same rules as provided for disbarment, and that matters involving disbarment by consent shall be processed in the same manner as conditional guilty pleas for consent judgment. Subchapter 3-6 Employment of Certain Attorneys or Former Attorneys 3. Rule 3-6.1 Generally Summary: Consistent with proposed changes in rules 3-5.1, 3-7.2, 3-7.10, and 3-7.12, adds attorneys who have been “disbarred on consent” within subdivision (a) as individuals subject to this rule. Subchapter 3-7 Procedures 4. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal Misconduct (disbarment on consent) Summary: Consistent with proposed changes in rules 3-5.1, 3-6.1, 3-7.10, and 3-7.12, revises verbiage within subdivision (j)(1), to reflect discontinuation of the term “disciplinary resignation.” 5. Rule 3-7.4 Grievance Committee Procedures Summary: Within subdivision ( l ), alters the requirement that the presiding officer of a grievance committee sign a formal complaint, to only require that the document be “approved” by such officer. 6. Rule 3-7.10 Reinstatement and Readmission Procedures Summary: Within subdivision (h), deletes language that requires the referee to copy The Florida Bar with the referee’s report as to reinstatement; also consistent with proposed changes in rules 3-5.1, 3-6.1, 3-7.2, and 3-7.12, adds verbiage within subdivision (n) to make this rule applicable to an attorney who has been “disbarred on consent”. 7. Rule 3-7.12 Disciplinary Resignation From The Florida Bar Summary: Deletes entire rule in view of proposed amendments to rules 3-5.1, 3-6.1, 3-7.2 & 3-7.10 which would supersede and moot current provisions, and otherwise create unnecessary redundancy. Chapter 4 Rules of Professional Conduct Subchapter 4-5 Law Firms and Associations 8. Rule 4-5.4 Professional Independence of a Lawyer Summary: Within subdivision (a)(4), clarifies existing language prohibiting bonus payments to nonlawyer employees based on the generation of clients or business, or calculated upon a percentage of legal fees received by the lawyer or firm. 9. Rule 4-5.8 Procedures for Lawyers Leaving Law Firms and Dissolution of Law Firms Summary: New rule, which sets forth guidance for allowable client contact by lawyers and law firms when a lawyer is leaving a law firm or when a law firm is being dissolved. Chapter 6 Legal Specialization and Education Programs Subchapter 6-9 Standards for Certification of a Board Certified Real Estate Lawyer 10. Rule 6-9.1 Generally Summary: Adds to purpose of standards the criteria of “character, ethics and reputation for professionalism”; also adds language to address uniqueness of Florida real estate law and necessity for applicants to demonstrate knowledge and experience in Florida real estate law and transactions. 11. Rule 6-9.2 Definitions Summary: Expands definition of real estate law to include matters relating to ownership and rights, examination of titles, real estate conveyances and other transfers, sales and other transactions, property owner associations and planned developments, regulation in land use and zoning. 12. Rule 6-9.3 Minimum Standards Summary: Within subdivision (a), requires applicants to demonstrate experience with Florida real estate law for at least 3 of the 5 years of law practice before filing an application; within subdivision (b), requires applicants demonstrate experience and involvement with Florida real estate law and transactions; within subdivision (c), requires at least 3 references to be licensed to practice law in Florida or alternatively authorize references from non-Florida lawyers, judges, and others; within subdivision (d), authorizes establishment of policies by BLSE to provide guidance on CLE accreditation. 13. Rule 6-9.4 Recertification Summary: Within subdivision (a), eliminates “continuous and substantial” as criteria for involvement in real estate law since last date of certification; within subdivision (b), provides BLSE with authority to establish policies to govern CLE credit allocations; within subdivision (c), requires 3 of the 5 references to be licensed to practice law in Florida and adds “character, ethics and a reputation for professionalism” as criteria for recertification. STANDING BOARD POLICIES 500 Committees, Sections & Divisions 14. SBP 5.10 Standing Committees Summary: Conforms name changes, additions, or deletions of various committees as necessary. 1000 Program Evaluation and Strategic Planning Policy and Procedure 15. SBP 10.50 – Long Range Planning Committee Summary: Transfers strategic planning responsibilities from the Long Range Planning Committee to the Executive Committee. 1500 Lawyer Regulation Policies 16. SBP 15.10 Waiver of Disqualification as Attorney for Respondents Summary: Within subdivision (b), revises current prohibition against a member of board member’s law firm representing a respondent in a disciplinary proceeding, and specifies those circumstances under which the board may grant a waiver for such representation. 17. SBP 15.30 Executive Committee Actions on Disciplinary Matters Summary: Within subdivision (b), clarifies existing policy for the disposition of unopposed reinstatement matters, to allow agreements or stipulations for reinstatement to be treated the same as consent judgments which do not require board or executive committee review. 18. SBP 15.55 Deferral of Disciplinary Investigation During Civil or Criminal Proceedings Summary: New policy in furtherance of rule 3-7.4(e), to provide additional guidance for deferral of the investigation of a disciplinary complaint that may have been initiated to influence a separate civil or criminal proceeding. BOARD OF LEGAL SPECIALIZATION AND EDUCATION POLICIES 200 Florida Certification Plan 19. BLSE Policy 2.13 Applicant Review Process for Certification or Recertification Summary: Adds new subdivision (n) to clarify the end of the substantive review process regarding peer review denial at BLSE level, and to confirm that any subsequent appeal shall only address procedure; revises all affected subdivision entries accordingly. 400 Appeal Procedures 20. BLSE Policy 4.03 Standard of Review Summary: Within subdivisions (a) and (b), clarifies scope and standard of review to be followed by the Appeals Committee in an appeal of certification denial at BLSE level; amends subdivision titles accordingly. 21. BLSE Policy 4.09 Consideration of Appeal Summary: Within subdivision (b), clarifies content of record regarding BLSE denial of certification if appealed to Appeals Committee. BYLAWS 22. Appellate Practice Section Summary: In Article IV (Duties & Power of Officers), adds that the section treasurer shall serve as chair of the website committee and shall supervise the development and maintenance of the section site; in Article VI (Meetings of the Section), clarifies that the executive council may direct matters to be submitted in writing to section members for mail vote “unless otherwise specified herein;” in Article IX (Committees) adds the website committee as a standing committee, and confirms that annual committees of the section may be created or dissolved either upon recommendation of the chair or chair-elect and majority approval of the executive council, or by motion of the council and its majority approval; and in Article XII (Amendments), clarifies that these bylaws may only be amended at the section’s annual meeting. 23. Labor & Employment Law Section Summary: Within Article III (Officers) and IV (Executive Council) deletes“continuing” from various references to legal education committees and seminars; within Article VI (Standing Committees) streamlines and updates existing provision by deleting selected standing committees, and by creating a smaller standing committee structure with subcommittees; also adds appropriate section/subsection headings throughout Articles II through VI where omitted. The Board of Governors is seeking applicants for the following vacancies to be filled at its January 31, 2004, meeting: Florida Bar Foundation Board of Directors: Two lawyers to serve three-year terms, commencing July 1, 2004, on this 30-member board of directors which administers Florida’s IOTA program. Applicants must also be members of The Florida Bar Foundation.Persons interested in applying for these vacancies may download and complete the application online from the Bar’s Web site, www.flabar.org, or may call Bar headquarters at (850) 561-5600, ext. 5757, to obtain an application form. Completed applications must be submitted to the Executive Director, The Florida Bar, 651 East Jefferson St., Tallahassee 32399-2300 no later than close of business, Thursday, January 9, 2004. Resumes will not be accepted in lieu of an application.Foundation seeks board applicants Seven positions on The Florida Bar Foundation’s board of directors will be filled this year under the Foundation’s governance plan which provides for 18 out of the 29-member Bar Foundation board to be selected equally by the Supreme Court, The Florida Bar, and the directors of the Bar Foundation.The six at-large seats to be filled for three-year terms beginning July 1 are currently held by: Adele I. Stone, Hollywood, and Philip Bruce Culpepper, Tallahassee, (Florida Supreme Court appointees), Patrick J. Casey, West Palm Beach, and Bruce B. Blackwell, Orlando, (Florida Bar appointees), John A. Noland, Ft. Myers, and John W. Thornton, Jr., Miami, (Foundation appointees). Casey, Thornton, Blackwell and Culpepper are not eligible for an additional term. Applicants for the at-large positions who are members of the Bar also must be members of the Foundation. Foundation members include annual contributors, Fellows, and IOTA participants.The seventh board seat to be filled is for a public member currently held by Georgina A. Angones, Coral Gables, who is not eligible for an additional term. The public member position will be filled by a joint Bar/Foundation Nominating Committee.The Foundation’s principal activity is to set policy and oversee operation of the IOTA program. The court established the IOTA program to fund legal aid for the poor, improvements in the administration of justice, and loans and scholarships for law students. The Foundation board also oversees the fundraising program, sets investment policies, Foundation policies generally, and adopts the annual operating budget.Applications for positions to be filled by the Supreme Court, Foundation (at-large seats), or the joint Bar/Foundation nominating committee (public member seat) may be obtained from the executive director of The Florida Bar Foundation, Suite 405, 109 East Church Street, Orlando 32801-3440, or downloaded from www.flabarfndn.org under the Governance section.Completed applications must be received by the Foundation by February 14.The Florida Bar Foundation embraces the concept of diversity. “A diverse membership makes the board stronger, and its work for the Foundation more relevant to the society in which we live,” according to the Foundation. The Foundation strongly encourages minorities, women, and persons with disabilities to apply for service on the board. To help achieve the broadest participation, The Florida Bar Foundation “Expense Reimbursement Policy” provides modest reimbursement for out-of-pocket expenses incurred during board service.Applicants will be advised in writing of action taken by the selecting authorities.Middle District judgeship open Applications are now being accepted to fill the position of U.S. District Court judge for the Middle District of Florida. Applications are available from Commission Chair Roberto Martínez, 255 Aragon Ave., Coral Gables 33134, telephone (305) 476-7430, e-mail address firstname.lastname@example.org and from the official Web page of the United States District Court for the Middle District of Florida at www.flmd.uscourts.gov.The completed applications must be mailed to Martínez, and all of the commission’s members, by January 15.Jones petitions for readmission January 1, 2004 LAWS Regular News Public member applications sought Continuing its practice of public involvement, The Florida Bar is seeking a new member of the public to serve on its governing board.The board member will replace Vivian L. Hobbs, Ph.D., of Tallahassee, whose second two-year term expires June 2004.Since 1987, two public members have served on the Bar’s 52-member governing board, after the Supreme Court of Florida approved the organization’s request to have nonlawyer representation on the board. Only seven other state bar associations — Alaska, Arizona, California, North Carolina, Oregon, Texas, and Wisconsin — and the District of Columbia have public members on their governing boards.A screening committee of The Florida Bar Board of Governors has been appointed to review the applications for the public member position, conduct final interviews, and make recommendations to the Bar’s governing board during its April meeting in Pensacola. The board will then recommend three persons to the Supreme Court of Florida and the court will appoint one of the three nominees to the board. The Board of Governors oversees the Bar’s lawyer discipline program, continuing legal education programs, legislative activities, and the overall administration of The Florida Bar.In addition to the two public members on the Board of Governors, one-third of all members of the 81 local grievance committees which hear complaints against attorneys are nonlawyers, as are one-third of the members of the 32 committees which oversee the Bar’s unlicensed practice of law investigations. These committees report to the Board of Governors, which in turn reports to the Supreme Court of Florida.Board members average 200-300 hours per year on Bar business depending on committee assignments. Although attorney members of the Bar’s governing board pay all expenses related to their attendance at six board meetings and other events held each year, nonlawyer board members are reimbursed for “reasonable travel and related expenses for attending official Bar functions.”The new board member will serve a two-year term commencing June 25. Public members are not allowed by rule to serve more than two consecutive terms. Most of the Bar’s board is apportioned according to Florida’s 20 judicial circuits, with attorney members elected by lawyers in their locality. There are four additional out-of-state representations. The other public member currently serving on The Florida Bar’s Board of Governors is Solomon L. Badger III, Ed.D., of Jacksonville.Persons interested in serving as a public member may obtain the application form from the Bar’s Web site at www.flabar.org or call The Florida Bar at (850)561-5600, ext. 5757, to request an application to be mailed. Completed applications should be mailed to 651 East Jefferson St., Tallahassee 32399-2300. The deadline for submission of completed applications is Jan. 30, 2004.Board to fill Bar Foundation vacancy The Florida Board of Bar Examiners is seeking comments on Michael Lee Jones of Tampa.Jones resigned from the practice of law in Florida in lieu of disciplinary proceedings pursuant to the Supreme Court Case No. 81,737. He now has submitted an application for readmission to the Bar.The Board of Bar Examiners will conduct a public hearing on Jones’ application for readmission. All members of the Bar are invited to write to the board regarding their knowledge of Jones, particularly in relation to his character and fitness for readmission. If you wish to be notified of the time and place of the hearing, submit a written request to Eleanor Mitchell Hunter, Executive Director, The Florida Board of Bar Examiners, 1891 Eider Court, Tallahassee 32399-1750.Lucas petitions for readmission The Florida Board of Bar Examiners is seeking comments on Roy Leonard Lucas of Port St. Lucie.Lucas resigned from the practice of law under allegations that discrepancies were found in his use of trust funds under the Supreme Court Order 90,628. He now has submitted an application for readmission.The Board of Bar Examiners will conduct a public hearing on Lucas’ application for readmission. All members of the Bar are invited to write to the board regarding their knowledge of Lucas, particularly in relation to his character and fitness for readmission. If you wish to be notified of the time and place of the hearing, submit a written request to Eleanor Mitchell Hunter, Executive Director, Florida Board of Bar Examiners, 1891 Eider Court, Tallahassee 32399-1750.Proposed PWP rules January 1, 2004 Notices The Board of Governors of The Florida Bar hereby gives notice of filing with the Supreme Court of Florida, on or about January 30, a petition to amend the Rules Regulating The Florida Bar. Rule 1-12.1, Rules Regulating The Florida Bar, governs such matters. The full text of the proposed amendments is printed below. A copy of the petition will be available on the Bar’s Web site ( www.flabar.org ) and the Court’s Web site ( www.flcourts.org ) after the petition has been filed. If you do not have Internet access, you may request a copy by contacting the Office of the General Counsel, The Florida Bar, 651 Jefferson East Street, Tallahassee 32399-2300 or calling (850) 561-5600, ext. 5751. Members who desire to comment on these proposed amendments may do so within 30 days of the filing of the Bar’s petition. Comments should be filed directly with the clerk of the Supreme Court of Florida, and a copy must be served on the executive director of The Florida Bar. RULES REGULATING THE FLORIDA BAR CHAPTER 6. LEGAL SPECIALIZATION AND EDUCATION PROGRAMS *** SUBCHAPTER 6-12. BASIC SKILLS COURSE REQUIREMENT *** RULE 6-12.3 REQUIREMENT (a) Course Components. Compliance with BSCR shall include in-person attendance at: (1) the a 1-day Practicing with Professionalism program sponsored by the YLD; and (2) 2 3 elective, basic, substantive continuing legal education programs sponsored by the YLD. (b) Time for Completion. BSCR shall be completed as follows: (1) the Practicing with Professionalism program shall be completed no sooner than 8 12 months prior to or no later than 12 months following admission to The Florida Bar; and (2) the 2 3 elective, basic, substantive continuing legal education programs shall be completed during the member’s initial 3-year continuing legal education requirement reporting cycle assigned upon admission to The Florida Bar. RULE 6-12.4 DEFERMENT AND EXEMPTION (a) Deferment of Practicing with Professionalism Requirement . (1) Deferment Eligibility . A member of The Florida Bar is eligible to defer compliance with the BSCR requirements of rule 6-12.3(a)(1), if: ( 1 A ) the member is on active military duty; ( 2 B ) compliance would create an undue hardship; ( 3 C ) the member is a nonresident member whose primary office is outside the state of Florida; or (4) the member is a full-time governmental employee; or ( 5 D ) the member elects inactive membership status in The Florida Bar. ( b 2 ) Deferment Expiration. A deferment of the requirements of rule 6-12.3(a)(1) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must: ( 1 A ) promptly notify The Florida Bar in writing of the date deferment expired; and ( 2 B ) attend the Practicing with Professionalism program within 12 months of deferment expiration ; and (3) attend 2 elective, basic, substantive continuing legal education programs sponsored by the YLD within 24 months of deferment expiration. (b) Deferment of Basic Level YLD Courses. (1) Deferment Eligibility . A member of The Florida Bar is eligible to defer compliance with the requirements of rule 6-12.3(a)(2) if: (A) the member is on active military duty; (B) compliance would create an undue hardship; (C) the member is a nonresident member whose primary office is outside the state of Florida; (D) the member is a full-time governmental employee; or (E) the member elects inactive membership status in The Florida Bar. (2) Deferment Expiration . A deferment of the requirements of rule 6-12.3(a)(2) as provided under this rule shall expire at the time the member is no longer eligible for deferment. Upon expiration, a member must: (A) promptly notify The Florida Bar in writing of the date deferment expired; and (B) attend 3 elective, basic, substantive continuing legal education programs sponsored by the YLD within 24 months of deferment expiration. (c) Exemption. An exemption from rule 6-12.3(a)(2) shall be granted if: (1) Governmental Practice. An exemption from rule 6-12.3(a)(1) and (2) shall be granted if a member has been continuously engaged in the practice of law for a Florida or federal governmental entity as a full-time governmental employee for a period of at least 6 years. (2) Foreign Practice . An exemption from rule 6-12.3(a)(2) shall be granted if a member has been continuously engaged in the practice of law (non-governmental) in a foreign jurisdiction for a period of 5 years ; (2) within the immediate 3-year period, the member , can demonstrate completion of 30 hours of approved continuing legal education ; within the immediate 3-year period, and (3) the member can attest s that the continuing legal education completed has reasonably prepared the member for the anticipated type of practice in Florida. Comment In [ Case Citation ] the Supreme Court of Florida accepted changes to rule 6-12.3 that were proposed by The Florida Bar and which, effective [ insert Implementation Date ], made lawyers who were engaged in a government practice for 6 years or more additionally exempt from the continuing legal education component of the Basic Skill Course Requirement. Further changes within those bar proposals, however, eliminated for any “full-time governmental employee” the deferment of the Practicing with Professionalism (hereinafter PWP) component of the BSCR. To accommodate that latter change, the bar requested – and the court accepted – a scheduled implementation of the revision whereby all such government lawyers who had benefitted from the deferral as of its [ insert Implementation Date ] elimination, would still be entitled to defer the Practicing with Professionalism component of the BSCR as long as they continuously remained in government practice. In addition, the court accepted the bar’s willingness to administer that [ Implementation Date ] change so that any government lawyer then deferred from PWP and who had already or thereafter served 6 years or more in a governmental practice would be granted exemption from PWP. This comment memorializes those accommodations agreed to by the bar in its administration of these [ insert Implementation Date ] rule changes .Proposed board actions Proposed amendments to the Code of Judicial Conduct The Judicial Ethics Advisory Committee has filed a report in the Florida Supreme Court recommending an amendment to the Florida Code of Judicial Conduct. In response to this court’s request in In re Kinsey, 842 So. 2d 77 (Fla. 2003), the committee proposes that the court adopt an amendment to Canon 7A(3)(d) to prohibit judicial candidates from making comments on pending cases where such comments could affect the future outcome of those pending cases. The court invites all interested persons to comment on the committee’s proposed amendments, which are reproduced in full below, as well as online at www.flcourts.org/sct/sctdocs/proposed.html. An original and nine copies of all comments must be filed with the court on or before February 2, with a certificate of service verifying that a copy has been served on the committee chair, Judge Phyllis D. Kotey, Alachua County Courthouse, 201 E. University Ave., Room 205, Gainesville 32601, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. All comments must be filed in paper format and in WordPerfect 5.1 (or higher) format on a DOS formatted 3-1/2 inch diskette. IN THE SUPREME COURT OF FLORIDA AMENDMENT TO CODE OF JUDICIAL CONDUCT – CANON 7 (POLITICAL ACTIVITY), Case No. SC03-1904. PROPOSED AMENDMENT TO CANON 7 A JUDGE OR CANDIDATE FOR JUDICIAL OFFICE SHALL REFRAIN FROM INAPPROPRIATE POLITICAL ACTIVITY A. All Judges and Candidates. (1) Except as authorized in Sections 7B(2), 7C(2) and 7C(3), a judge or a candidate for election or appointment to judicial office shall not: (a) act as a leader or hold an office in a political organization; (b) publicly endorse or publicly oppose another candidate for public office; (c) make speeches on behalf of a political organization; (d) attend political party functions; or (e) solicit funds for, pay an assessment to or make a contribution to a political organization or candidate, or purchase tickets for political party dinners or other functions. (2) A judge shall resign from judicial office upon becoming a candidate for a nonjudicial office either in a primary or in a general election, except that the judge may continue to hold judicial office while being a candidate for election to or serving as a delegate in a state constitutional convention if the judge is otherwise permitted by law to do so. (3) A candidate for a judicial office: (a) shall maintain the dignity appropriate to judicial office and act in a manner consistent with the integrity and independence of the judiciary, and shall encourage members of the candidate’s family to adhere to the same standards of political conduct in support of the candidate as apply to the candidate; (b) shall prohibit employees and officials who serve at the pleasure of the candidate, and shall discourage other employees and officials subject to the candidate’s direction and control from doing on the candidate’s behalf what the candidate is prohibited from doing under the Sections of this Canon; (c) except to the extent permitted by Section 7C(1), shall not authorize or knowingly permit any other person to do for the candidate what the candidate is prohibited from doing under the Sections of this Canon; (d) shall not: (i) make pledges or promises of conduct in office other than the faithful and impartial performance of the duties of the office; (ii) make statements that commit or appear to commit the candidate with respect to cases, controversies or issues that are likely to come before the court; or (iii) knowingly misrepresent the identity, qualifications, present position or other fact concerning the candidate or an opponent; (iv) while a proceeding is pending or impending in any court, make any public comment that might reasonably be expected to affect its outcome or impair its fairness or make any nonpublic comment that might substantially interfere with a fair trial or hearing. This section does not apply to proceedings in which the judicial candidate is a litigant in a personal capacity. (e) may respond to personal attacks or attacks on the candidate’s record as long as the response does not violate Section 7A(3)(d). B. Candidates Seeking Appointment to Judicial or Other Governmental Office. (1) A candidate for appointment to judicial office or a judge seeking other governmental office shall not solicit or accept funds, personally or through a committee or otherwise, to support his or her candidacy. (2) A candidate for appointment to judicial office or a judge seeking other governmental office shall not engage in any political activity to secure the appointment except that: (a) such persons may: (i) communicate with the appointing authority, including any selection or nominating commission or other agency designated to screen candidates; (ii) seek support or endorsement for the appointment from organizations that regularly make recommendations for reappointment or appointment to the office, and from individuals; and (iii) provide to those specified in Sections 7B(2)(a)(i) and 7B(2)(a)(ii) information as to his or her qualifications for the office; (b) a non-judge candidate for appointment to judicial office may, in addition, unless otherwise prohibited by law: (i) retain an office in a political organization, (ii) attend political gatherings, and (iii) continue to pay ordinary assessments and ordinary contributions to a political organization or candidate and purchase tickets for political party dinners or other functions. C. Judges and Candidates Subject to Public Election. (1) A candidate, including an incumbent judge, for a judicial office that is filled by public election between competing candidates shall not personally solicit campaign funds, or solicit attorneys for publicly stated support, but may establish committees of responsible persons to secure and manage the expenditure of funds for the candidate’s campaign and to obtain public statements of support for his or her candidacy. Such committees are not prohibited from soliciting campaign contributions and public support from any person or corporation authorized by law. 1 A candidate shall not use or permit the use of campaign contributions for the private benefit of the candidate or members of the candidate’s family. (2) A candidate for merit retention in office may conduct only limited campaign activities until such time as the judge certifies that the judge’s candidacy has drawn active opposition. Limited campaign activities shall only include the conduct authorized by subsection C(1), interviews with reporters and editors of the print, audio and visual media, and appearances and speaking engagements before public gatherings and organizations. Upon mailing a certificate in writing to the Secretary of State, Division of Elections, with a copy to the Judicial Qualifications Commission, that the judge’s candidacy has drawn active opposition, and specifying the nature thereof, a judge may thereafter campaign in any manner authorized by law, subject to the restrictions of subsection A(3). (3) A judicial candidate involved in an election or re-election, or a merit retention candidate who has certified that he or she has active opposition, may attend a political party function to speak in behalf of his or her candidacy or on a matter that relates to the law, the improvement of the legal system, or the administration of justice. The function must not be a fund raiser, and the invitation to speak must also include the other candidates, if any, for that office. The candidate should refrain from commenting on the candidate’s affiliation with any political party or other candidate, and should avoid expressing a position on any political issue. A judicial candidate attending a political party function must avoid conduct that suggests or appears to suggest support of or opposition to a political party, a political issue, or another candidate. Conduct limited to that described above does not constitute participation in a partisan political party activity. D. Incumbent Judges. A judge shall not engage in any political activity except (i) as authorized under any other Section of this Code, (ii) on behalf of measures to improve the law, the legal system or the administration of justice, or (iii) as expressly authorized by law. E. Applicability. Canon 7 generally applies to all incumbent judges and judicial candidates. A successful candidate, whether or not an incumbent, is subject to judicial discipline for his or her campaign conduct; an unsuccessful candidate who is a lawyer is subject to lawyer discipline for his or her campaign conduct. A lawyer who is a candidate for judicial office is subject to Rule 4-8.2(b) of the Rules Regulating The Florida Bar. F. Statement of Candidate for Judicial Office. Each candidate for a judicial office, including an incumbent judge, shall file a statement with the qualifying officer within 10 days after filing the appointment of campaign treasurer and designation of campaign depository, stating that the candidate has read and understands the requirements of the Florida Code of Judicial Conduct. Such statement shall be in substantially the following form: STATEMENT OF CANDIDATE FOR JUDICIAL OFFICE I, _______________________, the judicial candidate, have received, have read, and understand the requirements of the Florida Code of Judicial Conduct.___Signature of Candidate___ ___Date___ Amended August 24, 1995 (659 So. 2d 692); May 30, 1996 (675 So. 2d 111); November 12, 1998 (720 So. 2d 1079). COMMENTARY Canon 7A(1). A judge or candidate for judicial office retains the right to participate in the political process as a voter. Where false information concerning a judicial candidate is made public, a judge or another judicial candidate having knowledge of the facts is not prohibited by Section 7A(1) from making the facts public. Section 7A(1)(a) does not prohibit a candidate for elective judicial office from retaining during candidacy a public office such as county prosecutor, which is not “an office in a political organization.” Section 7A(1)(b) does not prohibit a judge or judicial candidate from privately expressing his or her views on judicial candidates or other candidates for public office. A candidate does not publicly endorse another candidate for public office by having that candidate’s name on the same ticket. Canon 7A(3)(a). Although a judicial candidate must encourage members of his or her family to adhere to the same standards of political conduct in support of the candidate that apply to the candidate, family members are free to participate in other political activity. Canon 7A(3)(d). Section 7A(3)(d) prohibits a candidate for judicial office from making statements that appear to commit the candidate regarding cases, controversies or issues likely to come before the court. As a corollary, a candidate should emphasize in any public statement the candidate’s duty to uphold the law regardless of his or her personal views. See also Section 3B(9), the general rule on public comment by judges . Section 7A(3)(d) does not prohibit a candidate from making pledges or promises respecting improvements in court administration. Nor does this Section prohibit an incumbent judge from making private statements to other judges or court personnel in the performance of judicial duties. This Section applies to any statement made in the process of securing judicial office, such as statements to commissions charged with judicial selection and tenure and legislative bodies confirming appointment. Canon 7B(2). Section 7B(2) provides a limited exception to the restrictions imposed by Sections 7A(1) and 7D. Under Section 7B(2), candidates seeking reappointment to the same judicial office or appointment to another judicial office or other governmental office may apply for the appointment and seek appropriate support. Although under Section 7B(2) non-judge candidates seeking appointment to judicial office are permitted during candidacy to retain office in a political organization, attend political gatherings and pay ordinary dues and assessments, they remain subject to other provisions of this Code during candidacy. See Sections 7B(1), 7B(2)(a), 7E and Application Section. Canon 7C. The term “limited campaign activities” is not intended to permit the use of common forms of campaign advertisement which include, but are not limited to, billboards, bumperstickers, media commercials, newspaper advertisements, signs, etc. Informational brochures about the merit retention system, the law, the legal system or the administration of justice, and neutral, factual biographical sketches of the candidates do not violate this provision. Active opposition is difficult to define but is intended to include any form of organized public opposition or an unfavorable vote on a bar poll. Any political activity engaged in by members of a judge’s family should be conducted in the name of the individual family member, entirely independent of the judge and without reference to the judge or to the judge’s office. Canon 7D. Neither Section 7D nor any other section of the Code prohibits a judge in the exercise of administrative functions from engaging in planning and other official activities with members of the executive and legislative branches of government. With respect to a judge’s activity on behalf of measures to improve the law, the legal system and the administration of justice, see Commentary to Section 4B and Section 4C and its Commentary.(Footnotes) 1 When first adopted, the new Canon 7C(1) prohibited a candidate from establishing a campaign committee or expending funds earlier than one year before the general election. In re Code of Judicial Conduct, 643 So. 2d 1037 (Fla. 1994). Previously there had been no time limit on the establishment of a campaign committee or on the expenditure of funds in furtherance of a judicial campaign. This restriction was enjoined by the United States District Court for the Northern District of Florida. Zeller v. Florida Bar and Florida Judicial Qualifications Commission, Case No. TCA 95-40073-MMP (N.D. Fla. 1995). Subsequently, in In re: Code of Judicial Conduct, 659 So. 2d 692 (Fla. 1995), the Court deleted the one-year rule from Canon 7C(1).
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A teenager was killed when she crashed her car into a truck in her hometown of West Islip early Tuesday morning.Suffolk County police said 19-year-old Julia Schweers was driving a Toyota Camry northbound on Higbie Lane when her car hit a Mitsubishi box truck that was turning left turn onto Union Boulevard at 5:55 a.m.The victim was taken to Good Samaritan Hospital Medical Center in West Islip, where she was pronounced dead.The truck driver, a 45-year-old New Jersey man, was not injured.Third Squad detectives impounded both vehicles, are continuing the investigating and ask anyone with information on this crash to call them at 631-854-8352.
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A 31-year-old Saint Albans man was killed when he crashed his motorcycle while trying to pop a wheelie in a parking garage at Roosevelt Field Mall in East Garden City on Halloween.Nassau County police said the motorcyclist was riding a Suzuki when he lost control and struck the retaining wall on the second level of the northeast parking garage at 8:50 p.m. Saturday.The victim, whose name wasn’t immediately released, was taken to a local hospital, where he was pronounced dead.Homicide Squad detectives impounded the motorcycle and are continuing the investigation.
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Nassau County police are looking for the assailants who etched the words “Trump” and “Islam” into a woman’s vehicle while it was parked in Hicksville over the weekend, authorities said.The vandals also broke the windshield and tail lights on the 28-year-old victim’s vehicle while it was parked in front of her Bobwhite Lane home, causing more than $3,000 in damage, police said. Investigators believe the criminal mischief occurred between 6 p.m. Thursday and 3 p.m. Friday, when the discovery was made.The incident is the latest in a string of recent crimes on Long Island that reference President-elect Donald Trump. After the election, the words “Make America White Again,” a white supremacist play on his campaign slogan, were found spray-painted on a sidewalk along with swastikas and racial slurs in Mineola. A Hispanic man in East Northport reported that a driver yelled out his window at him: “Get the fuck out!” and “Trump is president!”Regarding the Hicksville incident, Second Squad detectives ask anyone with information to contact Nassau County Crime Stoppers at 1-800-244-TIPS. All callers will remain anonymous.
More than 30 members of the film crew and extras from the Istrian County participated in the production of the film. The production was led by Bianca Dagostin, the third member of the Levela 52 team, the narration was designed by Ana Tavić, while the narrator is American Laith Wallschleger. Costume designer Kristina Nefat, who created costumes for fairies, and make-up artist Nina Rabar also worked on the film. In these rather challenging times for Croatian tourism, central Istria strives to position itself as an ideal combination of specialties, which will keep the old and attract new guests, says the director of TZSI Sanja Kantaruti. adds “Magical landscapes, cultural-historical and natural beauties, autochthonous products and tastes of tradition, are what guests always, and especially now strive for” The film is just beginning its life and we believe that it will significantly contribute to the arrival of domestic and foreign tourists in, as the narrator of the film says, this truly magical place, concludes Kantaruti. Along with scenes of undiscovered tourist gems such as the Sopot Waterfall near Pićan and Badavac near Karojba, but also new views of well-known places in the area of the City of Pazin and the municipalities of Lupoglav, Cerovlje, Karojba, Sv. Petar in the Forest, Sv. Lovreč, Tinjan, Gračišće and Pićan, ie a component of the Tourist Board of Central Istria, with a video slogan invites viewers to explore the heart of the Istrian peninsula, Krulčić emphasized. The video combines attractive locations with interesting characters such as fairies, witches, herbalists, but also authentic Istrians who work diligently in their fields and live in harmony with nature. “We wanted to make something different and innovative, focused on the foreign market, and yet emphasize the uniqueness and beauty of central Istria”, Says co-author Sanel Isanović, who, together with Načinović, developed the story of the film and composed the music for the film. Well done for the courage, a big step forward and on a different promotional film – a film with a story. This is an example that must be the foundation in any promotion of a tourist destination, through story and authenticity. According to the mayor of Pazin, also the president of TZSI, exactly on the trail of these peculiarities, the first promotional film for a destination branded a few years ago under the slogan “Central Istria-original Istria” was designed and realized. Yesterday was the premiere of the first promotional film of the Tourist Board of Central Istria “DARE TO EXPLORE”, directed and produced by the phenomenal Labin company Level 52, which has repeatedly delighted with the production of various films, in which they stand out for storytelling. The interior is different from the rest of Istria, so the destination had to get its own approach to promotion, the authors of the film emphasize. “Our goal was to tell a fairy tale that will entice visitors to explore central Istria, especially locations that are a bit hidden and out of the way. “, pointed out the co-author of the film Goran Načinović, who signs directing, photography, editing and image processing. Finally, he tells a different narrative in the promotion of a tourist destination So far, this approach has rarely been seen in the tourist promotion of Croatia, if not the only one of its kind, and the implementation involved many local farmers and residents, who greatly helped to create an authentic impression of central Istria.
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Worried about hurting an already weak economy, Prime Minister Imran Khan has resisted a sweeping, nationwide lockdown but provinces have shuttered schools and companies.”The domestic containment measures, coupled with the global downturn, are severely affecting growth and straining external financing,” said Geoffrey Okamoto, the IMF’s first deputy managing director.”This has created an urgent balance of payments need,” he said.He voiced support for actions taken in Pakistan including a boost in spending on public health and the social safety net to brace for a worsening crisis. The IMF on Thursday approved nearly $1.4 billion in emergency aid to Pakistan to help it weather the impact of the coronavirus pandemic.”While uncertainty remains high, the near-term economic impact of COVID-19 is expected to be significant, giving rise to large fiscal and external financing needs,” the international lender said in a statement.Pakistan has recorded just over 100 deaths but experts have voiced fear that the country of 215 million people could see a rapid and devastating increase due to its shortage of medical infrastructure and crowded cities. He also credited the central State Bank of Pakistan with measures that have included lowering its benchmark rate and supporting liquidity.The IMF said it was providing the $1.386 billion under a so-called rapid financing instrument, which addresses emergencies and does not subject a country to a full-fledged reform program that undergoes review.Pakistan is a longtime recipient of help from the IMF and is already under a three-year, $6 billion program that was approved last year.Okamoto said Pakistan needed to recommit to its goals under the package once the crisis abates, including restoring its public finances and governance. Topics :