January 1, 2004 Notices

first_imgPursuant 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 [email protected] 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 vacancycenter_img 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).last_img read more

Kayla Treanor’s career at Syracuse ends with 19-9 semifinal loss to Maryland

first_img Published on May 28, 2016 at 1:29 am Contact Sam: [email protected] | @Sam4TR Facebook Twitter Google+ CHESTER, Pa. — Kayla Treanor stood slackly near midfield. Her stick hung limply from her right hand. She seemed to be staring beyond the end of the field. Cars passed over the Commodore Berry Bridge and water lapped at the shore of the Delaware River just beyond the stadium. Inside, Maryland players with a nine-goal lead rushed at the net yet again. They had beat Syracuse’s backup goalie a sixth time.Treanor walked slowly to the sideline. She exchanged her orange offensive stick for a white one to take the draw. She had made the same methodical walk all night as Syracuse fell deeper and deeper into an inescapable hole.Later at the postgame press conference, when asked about walking off the field for the final time, she leaned back to collect herself. Her eyes watered.“I’ll never be able to put the jersey back on,” she said, her voice wavering. “But it’s been quite a ride.”Taylor Cummings waited in the circle. It was the same player who edged Treanor for the Tewaraaton Award twice, had been been the No. 1 recruit in their class to Treanor’s No. 2 and ended all four chances at the only award she’d ever wanted: a national championship.AdvertisementThis is placeholder textWith a 10-goal deficit and the mercy clock running down from 30 seconds, Treanor flicked the ball to herself. The draw control gave her 217 for the season, a new NCAA Division I record. When asked about the record, she deflected as she always has, heaping praise on her coaches and teammates.Treanor helped Syracuse edge Maryland in the draw controls, 17-13, which was SU’s only major statistical advantage on a night when nothing went Syracuse’s way. Treanor and fourth-seeded Syracuse (19-6, 5-2 Atlantic Coast) lost to top-seeded Maryland (22-0, 5-0 Big Ten), 19-9, on the season’s final weekend for the fourth year in a row Friday night at Talen Energy Stadium.Treanor became the second player in NCAA history to post 400 career points but finished with just one on Friday. She has recorded one point or fewer in just eight of her 91 career games.“Kayla Treanor is amazing,” SU head coach Gary Gait said. “Greatest Syracuse lacrosse player ever. There isn’t another player in the country that you could ask to do something … and then go out and set records. She’s the best player in college lacrosse.”The senior attack hadn’t taken the draw since she played at Niskayuna (New York) High School four years ago. But she’d assumed the position for Syracuse after last year’s draw specialist, Kailah Kempney, graduated. Treanor broke the single-game draws record (19) in the Orange’s opening game. She rewrote the school record book and did the same for the NCAA.That didn’t help Friday. All-American Alice Mercer faceguarded her all night. When Treanor tried to bring the ball within the 8-meter, UMD head coach Cathy Reese said she was prepared. The always waiting double-team pushed her away from the net and the goal.With 1:09 to go in the game and a nine-goal lead, Maryland’s Taylor Hensh slashed toward the net and scored for a fourth time.Treanor slowly walked to the sideline. She exchanged her orange stick for the white one. She lined up against Cummings.The final buzzer sounded. Treanor averted her eyes. She walked away. She passed a stream of celebrating white-and-red jerseys. She did not look at them.“With that draw control,” the announcer said, “Syracuse’s Kayla Treanor has broken the NCAA Division I record for draw controls in a single season.” Commentslast_img read more

Whale Shark Spotted off Juno Beach

first_imgCaptain Johnny, from Blue Heron Fishing, says the whale shark appeared to be about 25 to 30 feet long.Although whale sharks are rare along Florida’s east coast, other species, including black tips, hammerheads, lemon and tiger sharks, are among the most common. A rare shark sighting occurred on Friday off the coast of Juno Beach.Visitors who were on board one of the Blue Heron Fishing Charter boats captured footage of a juvenile whale shark just feet away.last_img

Joe Dean wins English amateur crown

first_img Yorkshire’s Joe Dean almost holed in one to seal a resounding 9/7 victory in the English amateur championship at The Alwoodley Golf Club, Leeds.His seven-iron shot to the 29th hole – the par three 11th – pitched just past the hole, spun back, went into the cup and flipped out again, settling a couple of inches away, to much applause from spectators.His opponent, Alfie Plant of Kent, hit his tee shot but, once the players reached the green, he conceded the hole and the match. “I won the first match of the week with an eagle and I nearly finished it off with an eagle!” said Dean.It provided a fitting end to an impressive display by the 21-year-old from Lindrick (image © Leaderboard Photography), who was four up after this morning’s round in the 36-hole final. He played the 29 holes of the match in four-under par, despite steady rain this afternoon – and a torrential downpour as the match drew to its close.The players were able to complete the 28th hole – which Dean won after Plant’s tee shot went out of bounds – but course manager Philip Taylor had to squeegee the 29th green before they could play to it.His win – on Yorkshire Day – marks a resounding return to form for Dean, a member of the England Golf men’s squad. “I’ve struggled through the start of the year and felt frustrated, so this means everything to me,” he said.He has played extremely good golf throughout the match play rounds, capped by today’s performance. “I have played unbelievable golf today,” he said, noting that he hadn’t felt under pressure, even as he played the last few holes.“I worked out a pre-shot routine with Graham Walker (the England coach), I picked the shots I wanted to play, tried hitting them and it all came together. It feels as if everything has finally paid off.”Dean laid the foundations of his win this morning, when he was four up after the first 18 holes. He played steadily and, on the occasions when he did find trouble, he was generally able to extricate himself. Plant, from Sundridge Park in Kent, had contrasting fortunes and when he found trouble, too often it proved costlyThis afternoon Dean set off at a great pace, winning the 19th and 20th with birdies. He was temporarily paused on the 21st, which the players halved in birdie, but won the next to get to seven up.He dropped his only shot of the afternoon round on the 24th to lose the hole, but came straight back with a birdie two on the 25th. His wins on the 28th and 29th secured the title, to the delight of his family and supporters from Hillsborough Golf Club where he plays most of his golf.Dean is hoping for a special bonus from his win. For the last two years he has won the Lee Westwood Trophy at Rotherham Golf Club and he joked: “Hopefully now everyone will stop calling me a one-course player!”His next date is to represent Yorkshire in next week’s qualifying event for County Finals. 1 Aug 2015 Joe Dean wins English amateur crown last_img read more

“An Unbreakable Bond”: The Brotherhood of Maurice Stokes and Jack Twyman”

first_imgMaurice Stokes, born June 17, 1933, is known as one of the greatest basketball players who ever lived. He won back-to-back City League championships at Westinghouse High School and led St. Francis University to the Final Four. He is the only player on a fourth place team to win Tournament Most Valuable Player.In the 1955 NBA draft, Stokes was picked number two overall by the Rochester Royals (later becoming the Cincinnati Royals). In his first NBA game he accounted for 32 points, 20 rebounds and 8 assists. He was voted the NBA’s Rookie of the Year.Toward the end of Stokes’ third season as a Cincinnati Royal he fell and hit his head on the hardwood court and slipped into a coma and spent the rest of his life as a Paraplegic.The brain injury had robbed Stokes of his speech, mobility and independence.Caucasian teammate Jack Twyman became his legal guardian and Twyman and his family took care of Stokes for 12 years until he died of a heart attack at the age of 36 in 1970.last_img read more

Mallard’s Team of the Week — Dance Umbrella

first_imgThe judges for Mallard’s Team of the Week have dipped into the Arts scene to select members of the Dance Umbrella as winners of Team of the Week honours. The group is on stage this weekend for the 14th annual recital at the Capital Theatre. The first show was Thursday but people still have time to see the dancers live Friday and Saturday at 7 p.m. There is also a Saturday matinee at 2 p.m. Staff and management at Mallard’s Source For Sports would like the dancers to “break a leg” this weekend. The team includes, back row, L-R, Danielle Gibson, Mitch Ryan, Elsa Neufeld Cumming, Connor Clover, Aja Lamb Hartley, Ben Hall, Camper Claussen and Gabe MacDonald. Front, Hannah Ockenden, Kate Harvey, Lisa Swaub, Rachel Berg, Aisha Smith, Sarah Jane Hicks and Emma Collinson. Sitting, coach Sabbian Clover.last_img read more

DD BEAUTY AND FASHION: PATRICK GILDEA’S WEEKLY HAIR TIP

first_imgLeading hairdresser Patrick Gildea of The Centre of Excellence begins a weekly column for Donegal Daily today.Each week he will address a specific issue.Anybody with questions or would like a specific issue raised should email us at [email protected] and we will pass your queries not Patrick. Would you like a little more understanding when your hairdresser mentions hair Colour names like Ombré, Balayage, Bronde and Highlights? What is it? Is it for you? It can seem very confusing!“The Centre of Excellence” voted RSVP’s Best Salon in Ireland is here to give you a little insight to help you decide what’s for you.After reading this we promise you’ll know the difference between babylights, lowlights, Ombré and Balayage!Patrick Gildea’s ‘Centre of Excellence’Hair Colouring Techniques Tint & ColourA Tint & Colour is what you want to ask for if you want an all-over hue update. The hair is just one tone from all over. It’s also referred to as a base colour, roots, regrowth. This is perfect for covering greys or just giving a simple beautiful tone.Easi-Meche/ Foil with ColourQuite simply Easi-Meche with colour is a base colour plus highlights. This two step hair colouring technique makes hair look more natural in the end.BabylightsBabylights are placed around your hairline and on your parting. They don’t go too deep within your hair; they are very subtle and delicate and are a great option for fine hair. The technique is all about taking really small sections- think traditional highlight sections and cut them in half! BrondeIs she blonde or brunette, neither she is Bronde! This colour process takes a woman with dark blonde or light brown hair and adds a layer of highlights. This beautiful colour is best achieved by having lots of your natural base colour showing through, it is also very low maintenance so it is perfect for those who are a little colour shy.BalayageOur Master Colour Experts meticulously paint every strand of hair to create a beautiful Balayage. In French, the word means sweeping. The hair is painted in such a way as to create a graduated, natural-looking effect for the perfect Balayage. LowlightsLowlights are the exact opposites of highlights. They are darker pieces of hair usually reserved for the layers underneath and around the neck. Lowlights are also perfect to visually separate your colour if your highlights have morphed into one solid colour over time.OmbréOmbré is the hair colour trend that will be around for a long time. Every summer women want sun-kissed colour that is dark at the roots and lighter on the tips because it is so low maintenance. It’s like a beachy brunette, pretty and subtle and is ideal for all ages.Dip DyeDip dye is the most extreme form of Ombré. There is a clear demarcation where one colour ends and the other begins. This high fashion high-contrast technique is definitely for the bolder client, and it looks really gorgeous with rainbow shades.MarbleizingMarbleizing is a method of hair colour placement that melt colours together. It’s all about the proper placement of transitional tones and ribbons of hair colour so it looks beautiful. A redhead for example, may wear a mix of strawberry tones and lily blonde hues for a contrasting cool effect. Marbleizing involves placing complementary or contrasting hues in such a way that they merge into each other, creating a beautiful end result.Check out some of our favourite celebs with beautiful hair colouring techniques at https://www.pinterest.com/PatrickGildea14/a-z-of-hair-colouring/DD BEAUTY AND FASHION: PATRICK GILDEA’S WEEKLY HAIR TIP was last modified: September 3rd, 2015 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:donegalhair tipPatrick Gildealast_img read more

Water outage strikes villages in North Donegal

first_imgAn unexpected water outage is affecting homes, businesses and farms in North Donegal this Thursday morning.A burst water main is reported in Gortahork, while properties in Falcarragh and surrounding areas are also without water.Irish Water crews are currently working on the fault in Gortahork. It is expected that supplies will be restored by 5pm this evening. Meanwhile, the Falcarragh fault remains under investigation.Water outage strikes villages in North Donegal was last modified: April 11th, 2019 by Rachel McLaughlinShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Facebook Makes Web Browsing More Secure

first_imgGuide to Performing Bulk Email Verification A Comprehensive Guide to a Content Audit For two years, Facebook has allowed users to implement a more secure connection to the site. But it hasn’t been the default for all users until today, when Facebook announced that it would move all of its 1 billion-plus users to Web browsing using HTTP Secure, or HTTPS. HTTPS is a more secure connection between browsers and the Web servers companies like Facebook run.In a statement made today on its website, Facebook reported that all traffic to www.facebook.com, the version of its site used by most desktop PCs, and 80% of traffic going to m.facebook.com, its mobile website, will be secure. The social media giant says that it’s not as simple as adding an “s” to the end of “http,” in its Web address. It outlined in-depth steps it had to undertake for the migration, and planned improvements for the fall. Related Posts Tags:#Facebook#HTTP Secure#HTTPS#now#security#social networks#Web browsers center_img readwrite Facebook is Becoming Less Personal and More Pro… The Dos and Don’ts of Brand Awareness Videoslast_img read more

Answered Questions from the Gluten Webinar!

first_imgPhotoSpin.com Andrejs Zablockisby Robin Allen What a great webinar and questions “The Scoop on Gluten Free: Research and Practice Tips” presented by Amy Jones, MS, RDN, LD. We had so many questions we could not address them all in the webinar. Amy has answered these questions in this blog. If you missed the webinar, RDNs can still earn 1.0 CPEU by listening to the recording and completing the evaluation on the event page.Questions from the Gluten webinar:What is your recommendation of screening if a patient reports excessive bloating post meals that include bread items and no bloating when avoiding all bread items and eat fruits, vegetables, potatoes, and protein sources without any gluten in them?I would recommend this patient be screened for celiac disease, especially before they get too far into the gluten-free diet. If they are gluten-free for too long, they risk a false-negative screening blood test. If celiac tests come back negative, non-celiac gluten sensitivity (NCGS) certainly may be the correct diagnosis. However, remember there is no definitive test for diagnosing NCGS. The patient should keep a log of how they feel while eating gluten-free for a few weeks, and then re-challenge gluten back into the diet to see if their negative symptoms return. How long does it take for someone to be eating GF before the lab tests are affected?The University of Chicago Celiac Disease Center recommends 12 weeks of daily gluten intake before testing. If you’ve been gluten-free for only a few days, I would think it would be unlikely that you would see an effect on screening blood tests. Can you explain more why malt items cannot be in GF products even if ppm is under 20? This is certainly a major issue as we are seeing with manufacturers. Several believe that they can still label a product gluten-free, even if it contains malt. The FDA stated in a 2014 Academy of Nutrition and Dietetics Webinar that malt and malt extract are ingredients derived from a gluten-containing grain (barley) and would not be considered ingredients treated to remove gluten. Therefore, they would not be allowed to be in a food bearing the gluten-free claim. Just like a manufacturer wouldn’t be able to allow a “little bit” of wheat or rye flour in a product (even if the final product contains <20ppm gluten).Do you worry about a health halo effect with the gluten free label? I do, and it’s ironic that some gluten-free foods contain more fat, calories, and sodium than their gluten-containing counterparts!Would buying the naturally gluten free grains from somewhere like Whole Foods guarantee them being safer from contamination than regular grocery stores? Not necessarily. I would recommend buying naturally gluten-free grains specifically labeled “gluten-free” (based on research on gluten contamination of naturally gluten-free grains), regardless of which store they are purchased in. For example, quinoa that is purchased at Whole Foods that is not labeled gluten-free may not be safe. For more information on the gluten contamination of naturally gluten-free grains, check out the study here.I have heard of imported pizza dough from Italy that is touted to be made from “gluten-free” wheat. Apparently, the dough is treated with beneficial bacteria which MAY digest some of the gluten… Have you heard of this? Would this product be allowed for sale without FDA approval in the US? I’m not familiar with that particular product, but there has been testing on some products like this, and they have turned out not to be safe. Read more here: Purbread Gluten Neutralized Bread (not labeled gf) Dan the Baker Country Sour Bread (NOT LABELED GF) What kind of response would someone have if they ate gluten when eating out? Is there any way to treat it? Or they just have it suffer through the symptoms until it passes?There are plenty of home remedies suggested out there (drinking more water, etc), but there isn’t any evidence that they are effective. I don’t recommend the over-the-counter gluten-enzyme products (Gluten Cutter, etc.) They don’t provide any protection.If you have more questions about gluten-free or comments MFLN Nutrition and Wellness team would love to hear from you. You can leave your comments here or connect with on the MFLN Nutrition and Wellness on our website, on Facebook, on Twitter, and LinkedIn. Additional Reference:https://www.ncbi.nlm.nih.gov/pubmed/20497786This blog was posted by Robin Allen, a member of the Military Families Learning Network (MFLN) Nutrition and Wellness team that aims to support the development of professionals working with military families. Find out more about the MFLN Nutrition and Wellness concentration on our website, on Facebook, on Twitter, and LinkedIn.last_img read more