FLABOTA

The fifth meeting of the FLABOTA Board of Directors during President Josh Whitman’s term was held Wednesday, May 21, 2008.

See the attached full board minutes for future 2008-2009 meeting dates and other reminders.

Highlights:

• Recipients for Jurist of the Year (U.S. District Judge for the Middle District, Judge Harvey E. Schlesinger) and Trial Lawyer of the Year (defense lawyer Robert A. Cole of Jacksonville) awards were selected by acclamation and will be honored during the Awards Banquet on Saturday, July 26, 2008 during the FLABOTA Annual Convention in Palm Coast .  This year, for the first time, FLABOTA will make a $5,000 contribution in honor of the Trial Lawyer of the Year award recipient, to be given to a law school trial advocacy program selected by the recipient. 

• Announcement that Awards Committee had recommended and Executive Committee has selected the first recipient of the Fran Peacock Coker FLABOTA Community Service Award, to be revealed during the July 26 Awards Banquet.

• Approval of the nomination of Robert A. Cole of Jacksonville as Treasurer of FLABOTA for 2008-2009.  On August 1, Patricia D. Crauwels of Sarasota will automatically become President of FLABOTA and Jeffrey R. Garvin of Ft. Myers will become President-elect.

• Report received on special committee review of the nearly total rewrite of the Florida Standard Jury Instructions in Civil Cases.  Comments of FLABOTA’s special committee, as approved by the Executive Committee, were filed with the Supreme Court committee by its May 15 deadline.

• Everyone is encouraged to attend the 2008 FLABOTA Annual Convention to be held July 24-27, 2008 at the Ginn Hammock Beach Resort in Palm Coast, including a Regional Jury Summit on Friday, July 25 (brochure attached).

NEXT FLABOTA BOARD MEETING:  Saturday, July 26, 2008 (1:30-4 pm) at the Ginn Hammock Beach Resort, Palm Coast. 

The fourth meeting of the FLABOTA Board of Directors was held March 26, 2008.

See the attached full board minutes for 2008 meeting dates and other reminders.

Highlights:

• Report on the status of state court funding and adoption of Resolution urging members of the Legislature to fully fund Florida’s courts to preserve access to Florida’s system of criminal and civil justice. Individual emails with the Resolution were sent to all legislators on April 2.

• Report on legislation to modify Florida’s Arbitration Act.

• Announcement of April 23 deadline for nominations for the Fran Peacock Coker Community Service Award, the Defense Trial Lawyer of the Year award, and the Jurist of the Year award.

• Tampa Bay and Jacksonville chapters to provide local judges with subscriptions to ABOTA’s Voir Dire magazine.

• Jacksonville chapter procedures for recruiting and voting on new members provided as sample.

• Tampa Bay chapter and FLABOTA to co-sponsor Fellowship to local journalist to attend the Journalist Law School.

• 2008 FLABOTA Annual Convention to be held July 24-27, 2008 at the Ginn Hammock Beach Resort in Palm Coast, including a Regional Jury Summit on Friday, July 25.

NEXT FLABOTA BOARD MEETING:  May 21, 2008 (5 pm) via conference call (no change in date)

Attached is a letter sent by FLABOTA to key legislators regarding the current crisis in state court funding. 

Many thanks to John Golden of Miami , Tim Sullivan of Tampa, and past-president Bill Hahn for bringing this issue to our attention on a timely basis and spearheading this effort. 

As John reported at our January meeting, he had been asked by Chief Judge Joseph Farina to enlist FLABOTA's help in fighting state budget cuts regarding the judicial system.  On Friday, Tim received the same request from Chief Judge Robert Morris, but on a more urgent basis, since committee meetings were scheduled for today.  With help from The Florida Bar general counsel Paul Hill, Bill quickly identified the key players.

Although compromises were reached in Tallahassee over the weekend, the house's funding bill has not yet been adopted, and appears to be only a temporary fix.  FLABOTA has been, and will continue to be, called upon to assist in the battle for adequate state court funding.

I am forwarding this letter to the members of the FLABOTA Board of Directors.  I encourage you to share the letter with your chapter members and your local chief judges.

-- Josh Whitman, FLABOTA President

The third meeting of the FLABOTA Board of Directors was held January 30, 2008.

See the attached full board minutes for 2008 meeting dates and other reminders.

Highlights:

· Report on legislation to modify Florida’s Arbitration Act.

· FLABOTA Crisis Response Team to make judges aware of ABOTA’s Protocol for Responding to Unfair Criticism of Judges.

· Nominations opened for the Fran Peacock Coker Community Service Award, the Defense Trial Lawyer of the Year award, and the Jurist of the Year award.

· Tampa Bay Chapter’s ABOTA presentation at Stetson University Law School.

· Court Liaison Committee plan to provide local judges with subscriptions to ABOTA’s Voir Dire magazine.

· Projects Committee on efforts to organize local chapters to support journalists to attend the Journalist Law School.

· FLABOTA and 10 of its chapters contributed $10,000 to the ABOTA Foundation.

· 2008 FLABOTA Annual Convention to be held July 24-27, 2008 at the Ginn Hammock Beach Resort in Palm Coast, including a Regional Jury Summit on Friday, July 25.

NEXT FLABOTA BOARD MEETING:  March 26, 2008 (5 pm) via conference call.

Mindy Boggs

Executive Director, FLABOTA

Phone: (850) 893-0323

Fax:  (850) 894-0013

Email:  mboggs51@comcast.net

Happy New Year! The second meeting of the FLABOTA Board of Directors under the leadership of President Josh Whitman was held December 12 via conference call, and the minutes are attached for your information.  Highlights of that meeting include:

• Heard about proposed legislation regarding mandatory arbitration that is being studied by a special committee.  The special committee was originally created to monitor the FMA Patient Waiver initiative, but the issue now appears to be much bigger and impacts more than just Floridians.

• The FLABOTA Crisis Response Team, co-chaired by Bill Hahn and Jeff Garvin, to make judges aware of ABOTA’s Protocol for Responding to Unfair Criticism of Judges, has drafted a letter for chapter presidents to discuss to establish a uniform way of responding to unjust criticism.

• Progress on plans to offer a half-day ABOTA presentation on the Principles of Civility, Integrity and Professionalism at all 10 Florida law schools was reported.

• As recommended by the Court Liaison Committee, chaired by Jay Cohen, individual chapters reported on plans to provide local judges with subscriptions to ABOTA’s Voir Dire magazine to make judges more aware of the purposes and programs in which ABOTA is involved.

• Projects Committee Chair Sonny Meyers reported on efforts to organize local chapters to split the $5,000 expense to provide scholarship money for journalists to attend the Journalist Law School.

• Chapters were reminded to send in their $500 contributions for the ABOTA Foundation, to be matched by FLABOTA and presented to outgoing ABOTA Foundation President Joe Milton at the January 2008 meeting in Beverly Hills.

• Details were provided of the 2008 FLABOTA Annual Convention to be held July 24-27, 2008 at the Ginn Hammock Beach Resort in Palm Coast, including a Regional Jury Summit on Friday, July 25.

• See the full board minutes for the 2008 meeting schedule and other reminders. 

NEXT FLABOTA BOARD MEETING:  January 30, 2008 (5 pm) via conference call.

OTHER IMPORTANT MEETINGS OF NOTE:  January 25-26, 2008 National Board Meeting, Beverly Hills, CA (kicking off 50th Anniversary of ABOTA; Floridians John Holcomb and Mick Callahan will be sworn in as President-elect and Secretary, respectively, of ABOTA National during this event)

February 22-23, 2008 National Leadership Conference, Dallas , TX(for all new and incoming chapter officers)

On the evening of Thursday, September 27, 2007, FLABOTA President Josh Whitman attended a joint meeting of the Ft. Lauderdale and Miami Chapters. Dozens of circuit and county court judges were in attendance at Chef Allen's Restaurant in Aventura. Chapter Presidents Marty Sperry (Ft. Lauderdale ) and Tom Gamba ( Miami) have plans for the successful joint event to become an annual affair.

FLABOTA President Josh Whitman attended the Sarasota-Bradenton Chapter meeting on Wednesday evening, October 10, 2007. The Circuit's Chief Judge was also at the well-attended event that took place at the home of member Geoff Morris.

On November 14, 2007, FLABOTA President Joshua A. Whitman participated in a panel discussion sponsored by the American Constitution Society at the Emory University School of Law on the topic "To Serve and Protect:  The Line Between the Use and Abuse of Police Force".

The first meeting of the FLABOTA Board of Directors under the leadership of President Josh Whitman was held October 20, and the minutes are attached for your information.  Highlights of that meeting include:

• ABOTA Foundation President Joe Milton reporting on his fundraising success and the Justice by the People curriculum.

• Adoption of the 2007-08 budget, including a $5,000 donation to a law school trial advocacy program designated by the FLABOTA Trial Lawyer of the Year; $5,500.00 in matching contributions to the ABOTA Foundation and $5,000.00 in scholarship money for the Journalist Law School.

• Creation of the FLABOTA Crisis Response Team, co-chaired by Bill Hahn and Jeff Garvin, to make judges aware of ABOTA’s Protocol for Responding to Unfair Criticism of Judges.

• Details of the 2008 FLABOTA Annual Convention to be held July 24-27, 2008 at the Ginn Hammock Beach Resort in Palm Coast, including a Regional Jury Summit on Friday, July 25.

• Plans to contact all 10 Florida law schools to offer an ABOTA presentation on the Principles of Civility, Integrity and Professionalism.

• See the full board minutes for the 2007-2008 meeting schedule and other reminders. 

NEXT MEETING: December 12, 2007 (5 pm) via conference call. 

Following up on his promise to attend a meeting or event of every ABOTA chapter in Florida, FLABOTA President Josh Whitman, who took office on August 1, attended his first chapter meeting on Wednesday evening, August 22.  The Central Florida chapter’s meeting in Orlando featured comments from members of their local legislative delegation.  Four state representatives, a state senator and a U. S. Congressman came to the well-attended event that took place at the offices of Rumberger, Kirk & Caldwell.  The legislators briefed chapter members on current legislative matters of interest.  Whitman has scheduled other chapter visits over the next few weeks, including a joint meeting of the Ft. Lauderdale and Miami chapters in late September, and the October 5 Ultimate Trial Notebook program sponsored by the Palm Beach chapter.

The final meeting of the FLABOTA Board of Directors under the leadership of President John Fisher was held July 27, and the minutes are attached for your information.  Highlights of that meeting include:

            • Heard a report by Miami Herald court writer Susannah Nesmith on her experiences in attending the Journalist Law School held in June at Loyola Law School in Los Angeles.  The very intense 3-day program brought 35 journalists from all over the country to focus on the third branch, including classes on civil procedure, civil law, criminal law and procedure and constitutional law.  There were also breakout sessions on legal and judicial ethics and a presentation on judicial independence.  She commented they were excellent and that she learned a lot.

• The Special Committee studying the FMA Patient Waiver Form met and discussed how to make the public aware of the underlying issues.  Chair Jeff Garvin told of a recent Miami Herald article about consumer contracts that include mandatory arbitration clauses which force individuals to go through arbitration, instead of civil court, if a dispute arises (see attached).  Some clauses also ban customers from joining class-action lawsuits.  The committee wants input from ABOTA members on cases that involve signed arbitration waivers, as FLABOTA may consider taking an amicus position.

• Heard reports from ABOTA National President Lewis Sifford of Dallas , ABOTA Foundation President Joe Milton of Jacksonville , CAL-ABOTA President Chris Day and SEABOTA President Harry Widmann on their respective programs and events.

            • FLABOTA’s 10th Annual Convention held July 26-29, 2007 at the Hyatt Regency Grand Cypress in Orlando was the highest attended and most successful to date.  Another outstanding Masters in Trial program was presented as part of the convention.  Photos are posted on the ABOTA website for your review from the annual Awards Banquet featuring a keynote address by Sen. Mel Martinez and presentations of the Trial Lawyer of the Year award to plaintiff lawyer Howard Coker of Jacksonville and Jurist of the Year award to Florida Supreme Court Chief Justice Fred Lewis (awards release also attached).  At the conclusion of the convention, Josh Whitman of Jacksonville was sworn in as President of FLABOTA, Pat Crauwels of Sarasota took over as President-elect and Jeff Garvin of Ft. Myers became the new Treasurer, each effective August 1.

            • The next meeting of the FLABOTA Board of Directors will be Saturday, October 20, from 8:30-11:30 a.m. during FLABOTA’s retreat meeting in Cashiers, North Carolina.  All members are invited to attend.

REPORT TO ALL ABOTA MEMBERS IN FLORIDA:  The third meeting of the FLABOTA Board of Directors under the leadership of President John Fisher was held May 23, and the minutes are attached for your information.  Highlights of that meeting include:

           • All members are strongly encouraged to register for FLABOTA’s 10th Annual Convention to be held July 26-29, 2007 at the Hyatt Regency Grand Cypress in Orlando (near Lake Buena Vista and Disney properties).  Another outstanding Masters in Trial program will also be held at the Hyatt on Thursday, July 26 as part of the convention.  Brochures for both the convention and the MIT program have been mailed to members, or are available by links from the homepage of www.abota.org.  We hope to see you there!

• After consideration of all nominations for 2007 Jurist of the Year, Florida Supreme Court Chief Justice Fred R. Lewis was unanimously selected on the first ballot.  For 2007 Plaintiff Trial Lawyer of the Year, Howard C. Coker of Jacksonville was chosen.  Both recipients will be formally recognized during the annual Awards Banquet on Saturday, July 28, during the convention.  Sen. Mel Martinez will be the keynote speaker at the event.

            • Jeffrey R. Garvin of Ft. Myers , currently president of the Southwest Floridachapter of ABOTA, was tapped to be the next Treasurer of FLABOTA.  His term will begin August 1, 2007 at the same time as Josh Whitman of Jacksonville takes over as President and Patricia Crauwels of Sarasota becomes President-elect for 2007-08.

            • The next meeting of the FLABOTA Board of Directors will be Friday, July 27, from 1:30-4:30 p.m. during the convention at the Hyatt Regency Grand Cypress in Orlando .  All members are invited to attend.

The second meeting of the FLABOTA Board of Directors under the leadership of President John Fisher was held last week, and the minutes are attached for your information.  Highlights of that meeting include:

            • All members are urged to mark their calendar for FLABOTA’s 10th Annual Convention to be held July 26-29, 2007 at the Hyatt Regency Grand Cypress in Orlando (near Lake Buena Vista and Disney properties).  Another outstanding Masters in Trial program will also be held at the Hyatt on Thursday, July 26 as part of the convention.

• President Fisher announced that nominations are now open for Plaintiff Trial Lawyer of the Year and for Jurist of the Year.  Each ABOTA chapter is asked to submit a nomination for each award category.  Written nominations must be received no later than Wednesday, April 25, by the executive director.

            • The special Ad Hoc Committee on J.A.I.L.4Judges, cochaired by Herman Russomanno of Miami and Bill Hahn of Tampa , reported on its efforts to gather information on the group’s activities in Florida.  It appears the Florida J.A.I.L.4Judges group is not making much headway toward gaining the required signatures for its petition to amend the Florida Constitution.  A law suit filed in the Supreme Court against The Florida Bar (Case #SC07-400) has been accepted and docketed.  Part of the relief sought in that law suit is to gain access to the Bar’s internal emails.

            • The Special Committee on the FMA Patient Waiver Form reported on its meetings and the issues that could be raised as to the FMA waiver form.  The committee is also developing a strategy for what action to take if it becomes necessary.  An email was sent to all ABOTA members asking them to share information with Chair Jeff Garvin about any clients who may have signed any type of waiver.

The first meeting of the FLABOTA Board of Directors under the leadership of President John Fisher was held last week, and the minutes are attached for your information.  Highlights of that meeting include:

            • Adoption of a Resolution encouraging all local ABOTA chapter members to participate in the Justice Teaching program implemented by Florida Supreme Court Chief Justice Fred Lewis.  The program provides lawyers and judges with training and lesson plans to serve as resources on a local level for teachers and students in all K-12 classrooms, and is pledged to be the most comprehensive approach to civic education ever attempted.

            • Appointment of all standing committees and creation of a special Ad Hoc Committee on J.A.I.L.4Judges, cochaired by Herman Russomanno of Miami and Bill Hahn of Tampa.  A separate email was sent to all members with a letter from President Fisher on this subject.

            • All members are urged to mark their calendar for FLABOTA’s 10th Annual Convention to be held July 26-29, 2007 at the Hyatt Regency Grand Cypress in Orlando (near Lake Buena Vista and Disney properties).  Another outstanding Masters in Trial program will also be held July 26 at Florida A & M University College of Law in downtown Orlando.

Minutes of the final 2006 FLABOTA Board of Directors meeting held on Wednesday, December 6 are attached for your review.  Please note the first FLABOTA conference call meeting in 2007 will be Wednesday, January 24, 2007 at 5:00 p.m.

A number of important matters were discussed at the meeting:

• Under the President’s Report, several topics were reported on including the FMA Patient Waiver Form, proposed new Rule 3-5.4, “Rent-A-Judge” legislation and Chief Justice Fred Lewis’ Justice Teaching program.

• Proposed amendments to the FLABOTA bylaws to provide that the officers of FLABOTA take office on August 1 (instead of January 1), effective in 2007, were ratified. The officers will now change at the time of the Annual Convention. A related amendment calls for the Nominating Committee to meet in the Spring, rather than in the Summer, to accomplish this. John Fisher has agreed to serve a 7-month term as President to implement the change.

• Membership Chair Bob Cole reminded all chapters of their obligation to adopt (or reject) the new Local Chapter Option Rule – Eligibility, and to so notify James Fairfield, Member Services Coordinator at ABOTA National. A new application for the rank of “Member” is now available.

• Now is the time to sign up for the 2007 National Leadership Conference to be held February 8-9 at the Wynn Las Vegas. The 7th Amendment Summit immediately precedes the Leadership Conference at the same location.

• Most of our chapters seem to be very active and have scheduled Holidayevents in the very near future.  

• Don’t miss the “reminders” section of the minutes.  All chapters should have elected their 2007 officers, including National Board Representatives, and notified the executive director to be included in the National Membership Roster publication. All 2007 meetings should be calendared.

Minutes of the most recent FLABOTA Board of Directors meeting held on Saturday, October 21, in Cashiers, NC are attached for your review.  Minutes of the September 18 special meeting held to review proposed new Rule 3-5.4 are also attached. Please note the final FLABOTA conference call meeting of the year will be Wednesday, December 6, 2006 at 5:00 p.m.

A number of important matters were discussed at the meeting:

• Pat Crauwels of Sarasota was elected as the next Treasurer of FLABOTA for 2007 – congratulations, Pat!  Pursuant to the bylaws, all 3 officers will begin their terms on January 1, 2007, with John Fisher automatically assuming the office of President and Josh Whitman becoming the President-elect. Pat will be the first woman President of FLABOTA when her turn comes.

• Proposed amendments to the FLABOTA bylaws to provide that the officers of FLABOTA take office on August 1 (instead of January 1), effective in 2007, were approved. The concept is to have the officers change at the time of the Annual Convention. A related amendment would call for the Nominating Committee to meet in the Spring, rather than in the Summer, to accomplish this. John Fisher has agreed to serve a 7-month term as President to implement the change.

• President Hahn reviewed the September 28 ruling by the Supreme Court of Florida on the Grimes petition, stating that this was a crowning moment for FLABOTA participation on a statewide issue affecting all trial lawyers. It was agreed to appoint a committee, chaired by Jeff Garvin of Ft. Myers , to study the legality of the waiver form being distributed by the FMA for patients to sign, agreeing to a $250,000 cap on non-economic damages in possible disputes with their doctor. A report will be given at the next meeting.

• ABOTA Foundation President Joe Milton gave a very exciting report about the new and improved Justice by the People interactive school curriculum that has been undertaken by the Foundation and Scholastic, Inc. The lesson plans are available for viewing by going to scholastic.com/americanjustice.

• Most of our chapters seem to be very active and have scheduled Fall and/or Holidayevents in the very near future.  Details of these activities should be shared with President Hahn and the executive director

• Don’t miss the “reminders” section of the minutes.  All chapters should soon be holding elections of their 2007 officers, including National Board Representatives, and notifying the executive director no later than November 15 to be included in the National Membership Roster publication.

The FLABOTA Board of Directors met May 24 for a regularly scheduled conference call meeting.  Minutes of the meeting are attached.  The agenda included selection of the 2006 Trial Lawyer of the Year and Jurist of the Year -- in addition to many other important matters.  Read all about it!

Circuit Judge George W.Greer (Sixth Judicial Circuit) will serve on the faculty of the inaugural " Journalist Law School" at Loyola Law School Los Angeles June 14-17.  Judge Greer's participation is being sponsored by the Floridachapters of the American Board of Trial Advocates (FLABOTA).  

Loyola's  Journalist Law School(pilot program) will consist of a three day long intensive seminar for working journalists who report on the government, the courts, and individual court cases.

“The law school is designed to help journalists, who are trying to provide accurate information to the public, but who may not have a legal background,” said John T. Nockleby, Professor of Law and Director of the Loyola Law School's Civil Justice Program.  “The goal is to enhance their understanding of the judicial branch.” 

The curriculum will focus on constitutional structure, criminal law, and civil law.  The activities will consist of classes and seminars with lawyers who are experts in their respective fields, lectures by renowned journalists, opportunities to meet state and federal judges, and opportunities to meet top journalists and leading members of the bar.

The 2005 recipient the prestigious FLABOTA Jurist of the Year Award, Judge Greer has also been the recipient of several other honors recognizing his unwavering commitment to following the rule of law in the face of unprecedented pressure from the public and the government in the matter of Terri Schiavo. Based on the intense scrutiny and media coverage generated by the Schiavo case, Judge Greer will bring a unique perspective to the journalists in attendance.

Professor Tom Goldstein, former dean of Berkeley and Columbia Graduate Schoolsof Journalism and New York Times reporter, has provided assistance in developing the curriculum. “The Journalist Law Schoolwill provide a great service to the American people and the legal community at large,” said Dr. Nockleby.

34 journalists from print and electronic media are scheduled to attend as fellows, including reporters, columnists, producers, and investigative reporters. Organizations that are sending fellows to the law school include CNN, CBS News, ABC News Radio, Bloomberg WNBC, the Wall Street Journal, the Los Angeles Times, the Chicago Tribune, the Philadelphia Daily News and the Atlanta Journal-Constitution.

In furtherance of its goal to educate the public about the civil justice system, ABOTA is a founding sponsor of the Journalist Law School.

Minutes of the last meeting of the FLABOTA Board of Directors held on March 29 are attached for review (and subject to approval at the next board meeting on May 24).  They will also be sent to all ABOTA members in Florida that we have email addresses for, but chapter presidents are nevertheless encouraged to regularly provide a summary report at chapter meetings/events of what FLABOTA is doing on the state level.  In particular, at the March 29 meeting, the board approved Comments to be filed with the Supreme Court of Florida regarding the proposed rule amendment and waiver form presented by The Florida Bar's Special Committee on Amendment 3 (a committee which included FLABOTA President Bill Hahn and 3 others from the board).  The Comments are attached.  In furtherance of seeking areas of common interest to the Florida Civil Trial Roundtable, a group composed of the leaders of the Trial Lawyers Section of The Florida Bar, the Academy of Florida Trial Lawyers, the Florida Defense Lawyers Association and FLABOTA, a Points of Agreement document was developed.  The FLABOTA board adopted the Agreement (see attached), and it will now be circulated to the other member organizations of the Florida Civil Trial Roundtable for their adoption.  A Resolution in Memoriam was also adopted in honor of Fran Peacock Coker, wife of past president Howard Coker, who died on January 30, recognizing her accomplishments in the area of literacy.  Read the minutes for much more action taken.

It’s going to be another busy year for FLABOTA.  The first conference call meeting of the year was held January 25, and details of that meeting can be found in the attached minutes.  Read through them at your earliest opportunity to learn more about the issues in which we are involved:  the proposed rule amendment submitted by the Special Committee on Amendment 3, the new selection procedure for Trial Lawyer and Jurist of the Year awards (a separate more detailed email was sent January 30 about this), judges’ dues, etc.  As requested in the minutes, please send Mindy Boggs an email with your chapter events, dates and locations as soon as possible so I can attend at least one chapter function sometime during the year.  To date, only one chapter has submitted this information.

The ABOTA National Leadership Conference last weekend in San Diego was outstanding, and I’m sure the chapter presidents who attended can attest to that.  For those who were not there, we have requested that National mail to each chapter president a copy of the Leadership Handbook that was distributed so you’ll at least have the materials.  Please read through it when you receive it.  There is lots of good stuff in there.

Lastly, the minutes of the February 2 special meeting of the FLABOTA board are also attached for your review.  This was the special meeting convened to determine what FLABOTA as an organization will do to honor the memory of Fran Coker, wife of 1997 FLABOTA President Howard Coker.  More on that later.

 -- Bill Hahn, FLABOTA President

Minutes of the December 7, 2005 conference call meeting of the FLABOTA Board of Directors are now available.  Click on document below.

Dear Trial Lawyers of FLABOTA:

Sally and I want to thank you for allowing me the high honor of being your president. We have been privileged by the experiences and friendship with each of you, and we will be forever grateful for the opportunity to have served the Florida Chapters of the American Board of Trial Advocates.

FLABOTA lawyers are the guardians of the Constitution. We are the keepers of the flame of justice. This bright flame will remain a shining beacon if you, the trial lawyers of FLABOTA, continue to feed that flame. As I traveled throughout this great state this year and met hundreds of FLABOTA lawyers, we linked arms with each other and held hands in preserving those ideals that are the core of our existence -- the independence of the judiciary, the independence of the Florida lawyer and the commitment to preserving a precious right -- the right to trial by jury. We know that judicial independence enriches democracy. Judicial independence is the linchpin of our constitutional democracy.

As FLABOTA president it has been a privilege to work with our national ABOTA President, Donna Melby, and President-elect, John Phelps. FLABOTA continues to work with the Florida Supreme Court and members of the judiciary around the state. We thank our Chief Justice, Barbara Pariente, and all the Justices of the Supreme Court who continue to work with FLABOTA in promoting professionalism. Our goal is to elevate the standards of integrity, honor and courtesy in the legal profession. It was a great honor to recognize two outstanding members of the judiciary, U. S. District Judge James D. Whittemore and Sixth Circuit Judge George W. Greer as FLABOTA’s Jurists of the Year at our Annual Convention at The Biltmore Hotel in Coral Gables this past July. In addition, Chuck Baumberger of Miami was recognized as FLABOTA’s Trial Lawyer of the Year, and ABOTA President Donna Melby received the Guardian of the Constitution Award.

FLABOTA has been blessed with great leaders. They serve as role models for us all. I have been able to call on some of our great past presidents this year, and they have responded with outstanding commitment. One of the attributes of leadership is the ability and willingness to pass on what has been learned and to share experiences and lessons so that others can benefit. These past presidents and others have done that for me, and for that I am grateful. Special thanks to past presidents Joe Milton, Dave Dunlap, Sonny Meyers, Mick Callahan, Chuck Baumberger, Terry Young, John Holcomb, Howard Coker, Ben Weaver, Eric Hewko, Martin Garcia and Gary Fox.

We also have great FLABOTA leaders today. Our officers, Bill Hahn, John Fisher and Josh Whitman, our Board of Directors, Chapter Presidents and Chapter Officers are immensely talented and incredibly dedicated. I have been honored to be able to serve with them. Our incoming President, Bill Hahn, is an outstanding trial lawyer and bar leader who cares deeply about our profession. Bill will be an excellent president and his lovely wife, Sylvia, will be an outstanding First Lady of FLABOTA. Our Executive Director, Mindy Boggs, superbly oversees FLABOTA. Her dedication to FLABOTA is fantastic! Special thanks to all our committee chairs for their commitment to FLABOTA.

Service on the FLABOTA Board is a rewarding experience. Not only did I get to meet some of the best trial lawyers in Florida, but I also made many warm friendships. On a personal note, this job requires sacrifice and contribution by other people. Thanks to the loyal support of my law firm. Most importantly, the love, support and encouragement of Sally is deeply appreciated. I congratulate Sally on an outstanding year as First Lady of FLABOTA.

In closing, thank you for the opportunity to serve. The future of FLABOTA and the freedoms it protects are in good hands. My year as FLABOTA President has been rich and rewarding. Thank you, Herman

Responding to a request from the Florida Supreme Court, the Civil Rules Committee of The Florida Bar published proposed amendments to the then existing Uniform Guidelines for Taxation of Costs in Civil Actions.  FLABOTA's Executive Committee in early 2002 decided to appoint a committee (Joe Milton, Jacksonville , Herman Russomanno, Miami , and Bill Hahn, Tampa) to draft a FLABOTA response to the Committee’s proposals.  After approval by the  Executive Committee, FLABOTA's response was submitted to the Civil Rules Committee and later to the Florida Supreme Court.  The Court requested argument on the Proposed Guidelines and specifically asked FLABOTA to make an appearance at the hearing.  President-elect Bill Hahn argued on behalf of FLABOTA on May 5, 2005.  On November 17, 2005 in its unanimous opinion adopting most of FLABOTA's positions, the Court specifically recognized and thanked FLABOTA for its contribution to the process.

To review the entire order, see In Re Amendments to Uniform Guidelines for Taxation, SC96726 (11/17/05), http://www.floridasupremecourt.org/decisions/2005/sc96726.pdf. Congratulations to Bill Hahn (who argued before the Court) and members of his committee (Past President Joe Milton and President Herman Russomanno) for this special recognition of FLABOTA!

The revised guidelines are designed to cut court costs in civil cases by using innovative technologies such as putting documents on disks to reduce copying expenses and videotaping pretrial interviews. The trial court retains discretion in making all cost-shifting decisions.  Judges will retain broad discretion over assessing costs, but “should try to keep them as low as justice allows”, the high court wrote in an unsigned opinion. They added that, by the same token, judges should reduce awards to parties that fail to take advantage of cost-cutting technologies such as.  The cost of copies obtained in discovery is now an item that should be taxed.  The prior guidelines provided that the costs of copies obtained in discovery should generally not be taxed unless they are filed with the court. 

In 2005, under the leadership of Herman Russomanno of Miami, FLABOTA has:

n       Followed the work of the Supreme Court’s Work Group on Standards for Jury Panel Sizes and discussed the issues with local chief judges

n       Encouraged its members to provide pro bono services to those men and women who are or were serving their country in the war against Iraq through a program sponsored by the Military Affairs Committee of The Florida Bar called Operation Enduring Freedom

n       In keeping with ABOTA’s Protocol for Responding to Unfair Criticism of Judges, responded to attacks on the judiciary and called for support of the rule of law and separation of powers, particularly as to the Schiavo case.  President Russomanno’s letter was published in both The Florida Bar News and in the ABOTA President’s Report.

n       Organized the Florida Civil Trial Roundtable, composed of the leadership of FLABOTA, the Academy of Florida Trial Lawyers , the Florida Defense Lawyers Association and the Trial Lawyers Section of The Florida Bar, to discuss issues of common interest.  As a result, the Roundtable adopted a Resolution, also adopted by the FLABOTA board, to support a cost of living adjustment increase for judges, the first since 2001.  The resolution was sent to key legislative leaders, which the judges believe contributed to their success in obtaining a 3.6% increase (and more for county judges) this year.

n       Participated in the May 5 Supreme Court oral argument in the matter of proposed amendments to the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions.  FLABOTA has been active on this issue since 2002.

n       Adopted a Resolution in opposition to the Grimes petition which seeks to conform the Rules of Professional Conduct to the provisions set forth in Amendment 3 which limits contingency fees in medical malpractice cases.  FLABOTA filed the Resolution and its comments with the Supreme Court and President Russomanno will participate in oral arguments on November 30.

n       Honored Judge George W. Greer and Judge James D. Whittemore as its Jurists of the Year at the FLABOTA Annual Convention in Coral Gables for their outstanding service and dedication and integrity as judges and for following the rule of law and applying it evenhandedly. Chuck Baumberger was also honored as Trial Lawyer of the Year.

n       Continues to be vigilant of court funding issues through its Committee to Preserve Florida’s Courts by staying in contact with the leadership of the Trial Court Budget Commission.  At its most recent meeting on October 8, board members received a briefing on the court funding issues coming up in the next legislative session and how FLABOTA can assist in that regard.

n       FLABOTA also has followed proposed amendments to the Attorney Advertising Rules, encouraged its members to participate in the E-Mentor Program for Law Students, as well as to offer assistance in the Hurricane Relief efforts.  President Russomanno has been appointed to an ABOTA National committee on Hurricane Relief.  Mick Callahan also chairs an International Issues Committee for ABOTA National which is working with countries that need assistance with judicial independence and funding issues.  They are encouraging lawyers in those countries to support the judiciary when under attack and to integrate their bar associations under their Supreme Court.  A trip to Latvia in April 2006 is currently planned.

Minutes of the most recent FLABOTA Board of Directors meeting held on Saturday, October 8, in Cashiers, NC are attached for your review.  Between those attending in person and those participating by conference call, we had good representation from every chapter and as a result a good meeting.  Please note the final FLABOTA conference call meeting of the year will be Wednesday, December 7, 2005 at 5:00 p.m.

A number of important and exciting matters were discussed at the meeting:

• Josh Whitman of Jacksonville was elected as the next Treasurer of FLABOTA for 2006 – congratulations, Josh!  Pursuant to the bylaws, Bill Hahn will automatically assume the office of President and John Fisher will become the President-elect, commencing January 1 for all 3 officers.

• It was agreed to continue the Florida Civil Trial Roundtable, established under the excellent leadership of Joe Milton who will continue to chair the group next year.  As most of you know, the Roundtable is composed of representatives of the Academy of Florida Trial Lawyers , the Trial Lawyers Section of The Florida Bar, the Florida Defense Lawyers Association and FLABOTA, and discusses issues of common interest.

• Ben Weaver, chair of the Committee to Preserve Florida’s Courts, gave a very interesting report on court funding issues coming up in the next legislative session.  Be sure to read all the details in this minute item which begins at the bottom of page 2 of the minutes.

• ABOTA Foundation Secretary Joel Collins of Columbia , SCjoined us in Cashiers, and gave a very exciting report on the new and improved programs being undertaken by the Foundation.

• All of our chapters seem to be very active and most have Fall and/or Holidayevents in the very near future.  Details of their activities and projects can be found on page 4 of the minutes.

• Don’t miss the “reminders” section of the minutes.  All chapters should soon be holding elections of their 2006 officers, including National Board Representatives, and notifying the executive director no later than November 15 to be included in the National Membership Roster publication.

One last item to share:  Miami chapter president, Joe Kalbac, told us about a presentation by Elliott Stone with medQuest on litigation graphics and 3D technology that is taking place October 20 at their chapter dinner meeting.  Information about the presentation including an outline of Mr. Stone’s presentation can be sent to any chapter interested in more information upon request.

Earlier this week the Comments and Objections of FLABOTA to the Grimes petition were filed with the Supreme Court of Florida.  A request to participate in the November 30 oral argument was also filed.  A copy of those documents is attached for your review.

ABOTA National President Donna Melby and the presidents of CAL-ABOTA, TEX-ABOTA and SEABOTA joined FLABOTA board members during the Annual Convention at The Biltmore Hotel in Coral Gables.  President Melby shared with everyone the events of the recent ABOTA National Convention held June 26-July 3 on board a Mediterranean cruise and in Sicily prior to that.  She also reported on the National Summit on the 7th Amendment Right to Trial by Jury held in early April.  The presidents of the California, Texas and Southeastern regional organizations each spoke about the similarities and differences of their structure and issues confronted from those experienced by FLABOTA.  For more detail of their remarks and other matters discussed during the FLABOTA board meeting, see the attached minutes.

FLABOTA recently selected Circuit Judge George W. Greer and U. S. Middle District Judge James D. Whittemore, as its Jurists of the Year.  Charles H. Baumberger of Miami was selected as its Trial Lawyer of the Year. The three were honored July 15 during FLABOTA’s annual awards banquet at The Biltmore Hotel in Coral Gables , Floridawhere the keynote address was given by Florida Attorney General Charlie Crist. The prestigious awards are bestowed each year on the individuals who represent the highest standards of protecting the integrity of Florida’s civil trial system.

“Judge Greer, Judge Whittemore and Chuck Baumberger each have made significant contributions to the betterment of Florida’s trial system, not just this year, but throughout their careers,” said Herman Russomanno, president of FLABOTA. “They each have made a profound impact in Florida’s courts, with their peers, and in their respective communities.”

As Jurist of the Year, the Honorable George W. Greer, Circuit Judge in the Sixth Judicial Circuit Court since 1993, was recognized for outstanding service and dedication and integrity as a circuit judge for the citizens of the state of Florida. He was selected because he exemplifies the criteria for the award, not the least of which include following the rule of law and applying it evenhandedly; demanding professionalism from all lawyers; and maintaining open and accessible working relationships with the trial bar.

Judge Greer received his bachelors’ degree from Florida StateUniversity(1964) and his J.D. degree from the University of Florida College of Law (1966). He was first elected to the circuit court in 1992 and re-elected in 1998 and 2004. Since taking office, he has served in the Juvenile, Probate and Guardianship, Criminal Law and Family Law Divisions. In 1999-2000, Judge Greer served as Chair of the Florida Conference of Circuit Judges, the statewide organization of more than 500 circuit judges in Florida. In October 1994, Greer was presented the Mary Zeller Award by the Florida Supreme Court and the Florida Guardian ad Litem Program as the child advocate for the Sixth Circuit. He has also received recognition and numerous distinguished jurist awards by the Clearwater , St. Petersburg , West Pasco, and Hillsborough Bar Associations, the Florida State Guardian’s Association, and the Tampa Bay Chapter of the American Red Cross.

Judge Greer also served on the Advisory Board of the Clearwater Salvation Army and is a member of the Clearwater Rotary Club.

The other Jurist of the Year Award recipient, the Honorable James D. Whittemore, United States District Judge, Middle District of Florida, Tampa Division, was nominated for appointment as U. S. District Judge in October 1999 by President Clinton, and was unanimously confirmed by the U. S. Senate to take office in May 2000. Judge Whittemore was first appointed to the circuit court bench in February 1990 by then-Governor Bob Martinez, and was re-elected without opposition in 1991 and 1996. He presided over the General Civil Division “G” of the 13th Judicial Circuit, after previously serving as Administrative Judge in Plant City over general civil, probate, criminal and family law cases.

Judge Whittemore graduated in 1974 from the University of Florida with honors and earned his J.D. degree at Stetson College of Law in 1977. He is a member of The Florida Bar and the Association of Trial Lawyers of America. He is a past president of the William Glenn Terrell Inn of Court, past president of the Hillsborough County Criminal Defense Lawyers Association, former director of the Florida Association of Criminal Defense Lawyers and past chair of Florida Bar Grievance Committee 13A. He has received several awards including Outstanding Jurist Awards from the Hillsborough County Bar Young Lawyers Division and The Florida Bar Young Lawyers Division, the 2001 Judicial Achievement Award presented to him by the Academy of Florida Trial Lawyers , and the 2005 Distinguished Alumnus Award from Stetson University College of Law.

“Both Judge Greer and Judge Whittemore, through their efforts in dealing with the Schiavo case, have distinguished themselves as jurists willing to follow the rule of law in the face of unprecedented pressure from sections of the public, the executive, and legislative branches,” said Brad Powers, president of the Tampa Bay Chapter of ABOTA which unanimously nominated the judges as co-Jurists of the Year. “Both jurists are deserving of this award given their professional handling of the Schiavo matter. They have greatly honored the civil justice system that our organization seeks to protect.”

Charles H. (Chuck) Baumberger, recipient of FLABOTA’s 2005 Trial Lawyer of the Year award, was recognized for his superb reputation of high ethics and fair play. He has had a distinguished legal career as an outstanding member of the plaintiffs bar. Baumberger, a founding partner with Rossman, Baumberger, Reboso & Spier, P.A. in Miami , received his bachelor’s degree from Vanderbilt University(1963) and his J.D. degree from the University of Florida College of Law (1966). His experience as a trial advocate began more than 38 years ago in Miami . He has recovered numerous multi-million dollar jury awards and settlements for his clients, including a 7-figure verdict in 1973 at the age of 32, the youngest lawyer in the country to do so. He has won professional distinction for his representation of plaintiffs in medical malpractice, defective products, premises liability, railroad, aviation and other substantial liability cases. He is Board Certified in Civil Trial by The Florida Bar and in Civil Trial Advocacy by the National Board of Trial Advocacy. He is also listed in Who’s Who in American Law. His peers have regularly voted him among South Florida’s top lawyers in the South Florida Legal Guide.

Chuck Baumberger served as President of the Miami Chapter of ABOTA in 1995, the same year that chapter won the National Chapter of the Year Award. In 2000, he served as President of FLABOTA, and turned the Annual Meeting into a “think tank” to discuss the purposes of FLABOTA and its future. As a result of the energy and ideas produced by that session, FLABOTA has grown into the active state organization that it is today. Chuck has served as a National Board Representative for 10 years, including roles as Chair of the Key Person Committee and currently, the Chair of the Legislative Analysis Fund.

Outside the courtroom, Baumberger has distinguished himself through his generosity to both his profession and his community. Chuck has held leadership positions as chair of the Trial Lawyers Section of The Florida Bar; President of the Dade County Bar Association; a founding member of the Dade County Trial Lawyers Association; Fellow of the American Collegeof Trial Lawyers; and Fellow of the International Society of Barristers. 

“Chuck is a person of excellent character and absolute integrity. He has continually practiced law by exhibiting the highest level of superior skills and recognized ability in trial practice” said Joe Kalbac, President of the Miami chapter of ABOTA which nominated Baumberger for the Trial Lawyer of the Year Award. “Chuck is an outstanding trial lawyer who has served the best interest of the legal profession by continually advocating the right to jury trial and by promoting the highest standards and techniques of trial advocacy. We cannot conceive of a more deserving, dignified and finer example of what a plaintiff’s trial lawyer should be, and therefore, our chapter was honored to nominate Chuck as FLABOTA’s Trial Lawyer of the Year for 2005.”

Photos below courtesy of LuxImages/Freddy Rozentzvaig:

Make Plans Now to Attend the July 13-17, 2005

8th Annual Convention of the Florida Chapters of ABOTA

~ including an outstanding MIT program on July 15 ~

       at the historic The Biltmore Hotel

located in Coral Gables

As an update to the Resolution adopted by the Florida Civil Trial Roundtable (see April 8 news item below) -- a group composed of the leaders of FLABOTA, the Florida Defense Lawyers Association (Spencer Silverglate, President), the Academy of Florida Trial Lawyers (Zander Clem, President) and the Trial Lawyers Section of The Florida Bar (Tom Masterson, Chair) -- Joe Milton, chair of the Bar Liaison Committee who created the Roundtable, reported to FLABOTA board members today on a conversation he had with Circuit Judge Fred Tygart, current chair of the Conference of Circuit Judges.  Judge Tygart relayed the heartfelt thanks of all of the Judicial Conferences for the strong support of the Resolution.  He felt it was most helpful in the following:

a.  All judges received the 3.6% increase this year which state employees also received, the first increase for the judges since 2001.  While the judges were not successful in having those past omission years included, this at least was a step in the right direction for which the judges are most grateful.

b.  The Conference of County Court Judges also received, in addition to the 3.6% increase, an additional $5,000 to their salary as a "reduction in the gap" created by percentage increases for judges who are already at different levels (county, circuit, DCA, Supreme Court).

Congratulations to the Florida Civil Trial Roundtable for its extremely important work.  We thank you for your participation and ask that Spencer, Zander and Tom thank all of their members for their dedicated efforts and strong support of the Resolution.  The position on this matter contributed to this legislative result.

Our second FLABOTA board meeting of the year was another excellent meeting with good participation by the chapter presidents and FLABOTA representatives that make up the board.  In our continuing effort to keep all members of FLABOTA’s 11 chapters informed about what goes on during our meetings, the minutes of the March 23 conference call are attached for your review.  The minutes are also posted on the ABOTA website on the FLABOTA webpage for those few members who do not have email addresses.  I hope you are regularly checking the website, as we are continuously postings items of interest for all ABOTA members to see about the important work that FLABOTA does to preserve and protect judicial independence and to safeguard the right to trial by jury in civil cases.  Most of the chapters are also utilizing the individual webpages set aside for each chapter to post news of their chapter meetings and activities, and I encourage you to visit those pages often as well.

It’s that time of year again when nominations are open for the FLABOTA Trial Lawyer of the Year (plaintiff nominees only this year) and for Jurist of the Year.  The deadline for nominations is Wednesday, April 20.  Each chapter is requested to nominate at least one plaintiff attorney and one jurist by the deadline, so be sure you contact your chapter leaders if you have someone to nominate.  Chapter nominations are to be sent to Executive Director Mindy Boggs with a cover letter detailing why the chapter believes he/she deserve the awards.  A list of past recipients and carryover nominees is attached.

Joe Milton, chair of the Bar Liaison Committee, is to be congratulated for organizing the Florida Civil Trial Roundtable, composed of the leaders of the Academy of Florida Trial Lawyers , the Florida Defense Lawyers Association, the Trial Lawyers Section of The Florida Bar and FLABOTA.  As a result of his efforts, the Roundtable has unanimously adopted a Resolution supporting a cost of living adjustment increase up to current levels for our Floridajudiciary.  Judges have not received any COLA raises since 2001, even though most state employees did.  A copy of the Resolution (attached) has been sent to the judicial conference chairs, all chief judges, and key legislative leaders.  Please add your support to this effort when talking with your local legislative delegation.  The Roundtable will continue to discuss other issues on which they might have similar agreement.

FLABOTA will be participating in oral argument at the Supreme Court on May 5 in the matter of the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions.  You previously received a detailed email about this on March 16, but you are reminded to send your comments to Bill Hahn on the 4 issues the Supreme Court specifically wants counsel for all parties to address, including allowing costs for attorney travel expenses, not allowing travel time for experts, allowing costs for all depositions, and allowing non-expert witness costs.

The minutes contain a lot more important information, so please read them at your convenience.  The next meeting of the FLABOTA Board of Directors (when we will be selected the Trial Lawyer and Jurist of the Year award recipients) will be Wednesday, May 18, 2005, via conference call, beginning promptly at 5:00 p.m., D.S.T.  Also be making your plans to attend the FLABOTA Annual Convention at The Biltmore in Coral Gables , July 13-17, 2005.  A “Save the Dates” document attached.

-- Herman Russomanno, President

-----Original Email Message-----
From: Martha Barrera [mailto:Martha_Barrera@oag.state.fl.us]
Sent: Thursday, March 24, 2005 7:28 PM
To: Herman J. Russomanno; fwalker@flabar.org
Subject: RE: Responding to Attacks on the Judiciary

Dear President Kelly, Mr. Russomanno and fellow counsel,

I cannot help but think that attacks on the judiciary have eroded our

system of justice in the eyes of the public to such an extent that people now believe that death threats against judges are acceptable. The recent violent attacks on judges and court personnel, such as the one at the Atlanta courthouse, are in danger of becoming commonplace events. Violence is becoming the norm in all aspects of society.

Everyone is a critic. Everyone is an activist. Your opinion on an issue is the only one acceptable. If a person disagrees with you he/she is ignorant, unpatriotic, a heathen or a criminal and should be shot or burned at the stake. Incredibly, this attitude is encouraged and embraced by persons in authority and by those who should know better.

Examine recent history, surf the internet and survey television news shows, and C-Span. Vitriolic and acrimonious criticism of court opinions concerning elections, the Lord's Prayer, the 10 Commandments, and right to life issues, among others; criticism of legislation concerning insurance claims, lawsuits against doctors and businesses, class action suits; criticism of criminal sentencing and of jury verdicts have reached a crisis level and bombard the public through every media outlet including the internet.  Knee jerk reactions, insults and threats are the custom of the times.  Differences of opinions have become bitter and personal rather than topics of discussion on which Americans agree to disagree.

I agree that this is a crisis that needs to be addressed.  Regardless of each individual's political affiliation, we need to promote and insist on a code of conduct that above all encourages respect for all persons, for the rule of law, for separation of powers, for freedom of expression and religion and for our institutions regardless of individual views on and commitment to the issue involved.

As a 28 year member of the Florida Bar, I heartily endorse the actions of the Bar and FLABOTA.

Martha F. Barrera

Assistant Attorney General

850 414-3789

From: Herman J. Russomanno [mailto:hrussomanno@russomanno.com]

Sent: Friday, March 25, 2005 11:51 AM

To: 'Martha Barrera'

Dear Martha: Your comments are wonderful and truly show your passion for judicial independence. All Florida lawyers, as officers of the court, need to join hands in support of judicial independence. THE TIME IS NOW!

FLABOTA will work with our outstanding leaders of The Florida Bar to preserve and protect judicial independence.

The importance of an independent judiciary didn't just drop from the sky. Chief Justice William Rehnquist has stated that judicial independence is "one of the crown jewels of our system of justice."

Best wishes, Herman 

-----Original Email Message-----

From: Herman J. Russomanno [mailto:hrussomanno@russomanno.com]

Sent: Thursday, March 24, 2005 5:36 PM

Subject: Responding to Attacks on the Judiciary

Dear President Kelly, Board of Governors, Section Leaders and Voluntary Bar

Leaders:

The statement issued today [see below] by the President of The Florida Bar responding to attacks on the Judiciary and calling for support of the rule of law and separation of powers is excellent.

Justice is under fire in the State of Florida. The Florida Bar is to be congratulated for its active participation in defending judges and the courts from these unwarranted attacks.

As this year's President of FLABOTA (Florida Chapters of the American Board of Trial Advocates) and our 525 member organization with 11 chapters throughout Florida, we join with The Florida Bar in protecting the Judiciary from these attacks.

Judicial Independence enriches democracy. Our Constitution is intentionally designed to place limitation on the exercise of power in all branches of government. Under our constitutional government, with its separation of powers, it is the function of the judiciary to ensure that the legislative and the executive branches do not overstep their bounds.

FLABOTA members are plaintiff and defense lawyers who are experienced trial lawyers who have demonstrated exceptional skill as advocates and whose professional careers have been marked by the highest standards of civility, professionalism and ethical conduct. FLABOTA's mission is to preserve the Seventh Amendment right to trial by jury in civil cases and to vigorously protect the independence of the judiciary and the independence of the Florida lawyer.

This is a call to action to all Florida lawyers. As lawyers, we can celebrate judicial independence because we all know that the courts help make American and our wonderful state of Florida special by defending our freedoms and protecting our rights. To undermine judicial independence would mark a drastic departure from our nation by ripping up our federal and state constitutions and their values. We cannot allow political demagoguery and special interests to undermine the genius of our constitutional system. We must fulfill our duty to protect the independence of the judiciary and the bar.

You also should be aware that there is a group called The Institute for Legal Reform (see www.instituteforlegalreform.org) One of the ads on this website has a man screaming at the top of his lungs that our state's legal system destroys jobs, raises taxes and takes your money. The ad further lists the best to worst legal systems in the United States . The Best Legal System is rated number 1, the worst legal system is rated 50. Florida is listed as number 42. The ad ends with the cry that legal reform is needed now. Demand that your elected officials fix the flaws in the justice system.  The ad concludes with this unbelievable statement "REQUIRE FARINESS FROM YOUR JUDGES."

We must stand together to denounce these negative attacks and organized campaigns to drive judges from office or attack their integrity for making unpopular decisions.

Current efforts to encroach on judicial independence come in a variety of forms including special interest groups. The threat to judicial independence in the State of Florida is no longer a slow, incremental erosion. The attack now moves at a rapid speed with special rules and limited debate.

FLABOTA IS READY, WILLING AND ABLE TO JOIN THE FLORIDA BAR AND WILL ACTIVELY PARTICIPATE IN DEFENDING JUDGES AND THE COURTS FROM UNWARRANTED ATTACKS. WE MUST EXPOSE THESE POLITICAL THREATS TO JUDICIAL INDEPENDENCE AND PROTECT JUDGES WHO ARE BEING TARGETED FOR SPECIFIC CASE RULINGS.

Sincerely,

Herman J. Russomanno

President

FLABOTA 

TO:  Board of Governors, Section and Voluntary Bar Leaders

FROM: Kelly Overstreet Johnson, President

RE:   Responding to Attacks on the Judiciary

      Today's Daily News Summary includes clips describing the recent

      attacks on the judiciary and court system as a result of the Terri

      Schiavo case. As in other high profile cases, it is extremely

      important that the public understand the role and responsibility of

      judges in order to maintain confidence in our legal system.

      I have written the following statement to be issued to the Florida

      news media in support of the rule of law and separation of powers and

      I would encourage all of you to consider speaking out similarly with

      letters to the editor and in other community forums. Fortunately many

      of the major newspapers in Florida have already come out in defense

      of the rule of law but it is important that we keep the message

      visible during these difficult times.

STATEMENT OF KELLY OVERSTREET JOHNSON, PRESIDENT OF THE FLORIDA BAR

                                 March 24, 2005

      "The tragic and high visibility case of Terri Schiavo has resulted in

      an unprecedented and unjustified attack upon our judiciary.

      Regardless of anyone's personal or political feelings about the

      Schiavo case, this is a critical time for Americans to recognize the

      vital role of the judiciary in maintaining the rule of law and the

      importance of the separation of powers among the three branches of

      government.

      "It is in times like these that we should recognize that our judges,

      on a daily basis and not just in high profile cases, have the duty

      and responsibility to protect the rights and liberties afforded to

      all of us by law. Judges have no control over which cases come before

      them and they will inevitably be involved in deciding difficult and

      unpopular cases. When presiding over a case, judges make rulings

      based solely on the Constitution and other laws, and not their own

      feelings or personal beliefs.

      "While we may disagree with decisions and actions of public officials

      including judges, it is entirely unacceptable and unfair for our

      judges to be criticized and even vilified when no judicial basis for

      such criticism exists. Unfortunately that is what is happening as

      emotions heighten in the Terri Schiavo case. Florida newspapers are

      now reporting that Circuit Judge George Greer has not only been

      accused of murder and terrorism by congressional leaders in

      Washington, but has received death threats and was pressured to leave

      his church.

      "Societal dilemmas should never be confused with constitutional

      responsibilities. Florida's legal profession knows from polling that

      Floridians want nothing less than a fair and impartial judiciary.

      Judge Greer is an ideal representative of the type of judge citizens

      want to hear their case. His rulings are based on laws, not emotions

      and not politics. Indeed, his rulings have been repeatedly reviewed

      and scrutinized by many different courts on many different occasions.

      We must continue to have confidence in our legal system and expect

      our judges to act with the knowledge and integrity required of their

      position.

      "Judges are limited by duty to responding to such unfair criticism.

      But Florida's editorial boards, community leaders and the

      75,000-member Florida Bar are not. The Florida Bar joins many of the

      state's major newspapers and democratic advocates in denouncing the

      unwarranted attacks on the judges and courts which serve everyone in

      this great country. "

STATEMENT FROM ROBERT J. GREY JR., PRESIDENT OF THE AMERICAN BAR ASSOCIATION, ON ATTACKS ON THE JUDICIARY IN THE TERRI SCHIAVO CASE

WASHINGTON, D.C., March 25, 2005 -- The tragic circumstances of the

Terri Schiavo case have elicited strong feelings from all quarters.

While this is completely understandable, many commentators and

observers have crossed the line in using this tragedy to needlessly,

gratuitously and viciously attack the dedicated men and women who

serve as America 's judges. This needs to stop.

Regardless of how one feels about the specific circumstances of this

situation, the role of the judiciary in it is clear and

straightforward. The federal and state judges who have been assigned

this case have been charged with weighing the facts of the case and

the remedies set forth in the law, responsibilities they have carried

out valiantly and with great dignity and sensitivity to the anguish

that all of the participants in this case have endured.

        While it is appropriate for commentators, policymakers and the broader public to debate the societal challenges and dilemmas brought to light by Terri Schiavo's case, there is no need for personal attacks on the judges in this case. They are not killers as some have called them, nor are they activists bent on pushing an ideological agenda. They are simply dedicated public servants called on to serve as impartial arbiters in a very difficult case. Instead of maligning them for applying existing law to the case at hand, even though it may not reflect the current will of Congress, we should praise them for dispensing even-handed justice and upholding the independence of the judiciary even under the most difficult circumstances. These judges deserve our respect, not our scorn.

ABOTA members in Florida now have a unique opportunity to provide pro bono services to those men and women who are or were serving their country in the war against Iraq . The Military Affairs Committee of The Florida Bar sponsors a program called Operation Enduring Freedom where volunteers assist individuals on matters including, but not limited to, estate planning, powers of attorney, Soldiers and Sailors Civil Relief Act (SSCRA) issues, Uniformed Services Employment and Re-employment Rights Act (USERRA) issues, consumer law, landlord-tenant law, and many other legal issues.   This program provides pro bono services to active duty military, reserve military and National Guard members who are mobilized for, but not limited to, military activities in response to the terrorist attacks of September 11, 2001. The goal is to assist in the efficient delivery of legal services to those answering our country's call.

The volunteers are organized by geographic regions around the state.  This civilian pro bono assistance program was organized to back up the legal services offered by the various legal assistance providers in the state.  All military personnel are directed to seek out the legal assistance from their military command first.  The chain of command will then seek assistance from the closest active duty military legal assistance office.  The pro bono assistance that the Military Affairs Committee organized is only to be called on if the local military legal assistance office has an issue they cannot handle or a member of the military is in a remote location without a military legal assistance office nearby for support.

Any member of The Florida Bar in good standing may sign up to volunteer his or her services by completing an application which can be found online at www.flabar.org/Organization/StandingCommittees/Military Affairs, or contact Maria Simmons Johnson at (850) 561-5818. Volunteers will be provided with training on dates, times and places to be determined.

I am pleased so many of the chapter presidents and FLABOTA representatives that make up the FLABOTA Board of Directors were able to participate in our first meeting of the year.  We had an excellent meeting.  The minutes of the January 26 conference call are attached for your review.  We intend to keep all members of Florida’s 11 chapters informed about our meetings (at least those with email addresses) by providing you all minutes.  We are also very happy that a majority of the new chapter presidents were able to attend the ABOTA Chapter Leadership Conference in mid-January in Laguna Beach.  I know those who attended came home with lots of good information and projects to share with chapter members.

One of the important items accomplished during last week’s meeting was the approval of new bylaws for FLABOTA.  The new bylaws now more closely follow the format of the ABOTA Constitution and Bylaws.  More importantly, they now provide for the immediate past presidents of all ABOTA chapters in Florida to serve as ex officio members of our Board of Directors, just as the FLABOTA past presidents already do, and we are excited about keeping these past presidents active through our board and on our standing committees.  For more continuity within the local chapters, the new bylaws also call for 2-year terms for the FLABOTA Representatives from each chapter.  Accordingly, each of the 2005 FLABOTA Reps will serve terms commencing January 1, 2005 and expiring December 31, 2006.  All other terms are for one year.  The new bylaws, as amended during the conference call, are posted on this webpage.

Please note the minute item regarding the Supreme Court’s Work Group on Standards for Jury Panel Sizes.  As requested in the minutes, chapter presidents are to arrange a meeting with your respective Chief Judge(s) to discuss these issues, and then report member comments back to Executive Director Mindy Boggs for sharing with FLABOTA board members so we can discuss a possible FLABOTA position at our next meeting.

The standing committees for 2005 have been appointed, and I’m sure some of you have already heard from your committee chairs about their goals for the year.  If you were not appointed to a committee that interests you, please let me hear from you.  For a complete listing of the committees, check this webpage.

All members of ABOTA are encouraged to patronize the “friends of FLABOTA” who generously contributed to the Legislative & Educational Fund during the Amendment 3 campaign this past Fall.  One of those is the Upchurch, Watson, White & Max Mediation Group.  They provide mediation, arbitration, private trials and appellate simulation services with offices in Daytona Beach , Orlando/Maitland, Miami and Birmingham.  Check out their website, www.uww-adr.com, or call 800-264-2622 for further information.

Our next Board of Directors conference call meeting is set for Wednesday, March 23, at 5:00 p.m.  All FLABOTA meeting dates are listed in the minutes, and we hope you will particularly note the Annual Convention to be held July 13-17 at The Biltmore Hotel in Coral Gables on your calendar.  Don’t forget to let me and/or Mindy know when your chapter is meeting or planning a special event.  It is my goal to attend at least one event at each of our 11 chapters sometime during 2005, but I can’t do that if you don’t keep us informed.  Be sure to also keep Mindy advised of your meetings to post them on your chapter’s webpage.  All news and photos are welcome!

--Herman Russomanno, President

(Jan. 1, 2005) – Herman J. Russomanno of Miami assumed the office of President of FLABOTA (Florida Chapters of the American Board of Trial Advocates) after serving successive one-year terms as Treasurer, and then President-elect, of the 525-member statewide organization with 11 chapters throughout Florida.  Russomanno, of the Miami law firm of Russomanno & Borrello, P. A. took office on January 1, 2005.  He has been a member of ABOTA since September 1993.

Statement:  “The mission of FLABOTA is to serve our 11 chapters throughout the great state of Floridaand to work with ABOTA in the preservation of the Seventh Amendment right to trial by jury in civil cases.  It is indeed an honor to work with our FLABOTA Board whose members are experienced trial lawyers who have demonstrated exceptional skill as advocates and whose professional careers have been marked by the highest standards of civility, professionalism and ethical conduct.  FLABOTA has dedicated itself to vigorously protecting the independence of the judiciary and the independence of the Florida Lawyer.”

Professional info:
Herman J. Russomanno is a board certified civil trial lawyer of The Florida Bar and the National Board of Trial Advocacy.  He is a past President of The Florida Bar; received his bachelor’s degree in political science from Rutgers University – magna cum laude, Phi Beta Kappa and with college wide honors – and earned his juris doctorate degree from Samford University/ Cumberland School of Law in Birmingham , Alabama. After graduation, he clerked for a federal district court judge in Mobile and a justice of the Alabama Supreme Court in Montgomery. Russomanno is a fellow of the American Collegeof Trial Lawyers, the International Society of Barristers and the International Academy of Trial Lawyers. He is an officer and member of the Board of Governors of the Association of Trial Lawyers of America, and has served as a member of the American Bar Association House of Delegates since 1993.

Herman is a past president of the Miami chapter of ABOTA, Dade County Bar Association and the Dade County Trial Lawyers Association; was recognized by FLABOTA as the Trial Lawyer of the Year in 2001; received the Pursuit of Justice Award from the ABA Tort and Insurance Practice Section, the B.J. Masterson Award for Professionalism from the Academy of Florida Trial Lawyers and the Chief Justice Harry Lee Anstead Professionalism Award from the Dade County Trial Lawyers Association.  He presently serves as a member of the ABA Committee on Professionalism.

He has received distinguished honors and awards from the Cumberland School of Law, the Academy of Florida Trial Lawyers , the Association of Trial Lawyers of America and the Young Lawyers Section of The Florida Bar. He recently received an honorary Doctor of Laws degree from St. Thomas University School of Law where he has served on the Board of Trustees, including serving as chair, since 1995. Herman is active in many community endeavors, and currently serves as Chair of the Greater Miami Region of The National Conference for Community and Justice. He has lectured throughout the United States on trial practice.

Attached are the minutes of the December 1, 2004 FLABOTA Board of Directors conference call/meeting.  Chapter presidents should remind members they are posted on the ABOTA website for easy reference.

Update on Constitutional Amendments -- Since the December 1 meeting, the emergency petition regarding Amendment 3 filed by Bill Wagner in the Supreme Court of Florida has been dismissed for “lack of jurisdiction”.  Also, the petition brought by the Florida Hospital Association and others to attempt to enjoin the enforcement of Amendment 7 has been dismissed by Second Circuit Judge Sjostrom.  The judge ruled that the plaintiffs' case did not present a justiciable controversy and he therefore dismissed the case, stating that the issues raised should be pursued in individual courts with jurisdiction over the persons in interest. Judge Sjostrom also therefore denied the plaintiffs' request for a temporary injunction stating that the plaintiffs did not have likelihood of succeeding on the merits.

On Page 2 of the minutes are the dates of the 6 meetings of the FLABOTA Board of Directors set for 2005, including the Annual Convention.  Please mark these dates and times on your 2005 calendar right away so you can avoid any conflicts.  Most of you will be serving on the FLABOTA board again next year, particularly assuming that the bylaw amendment adding all immediate past chapter presidents to the board is approved at the first meeting on January 26.

We are pleased that so far, more than half of the ABOTA chapters in Florida will be represented at the ABOTA National Chapter Leadership Conference in Laguna Beach , California, January 13-16, 2005!  If you haven’t already signed up to attend this invaluable Conference, please do so immediately.  You won’t regret it.  The wealth of information and contacts you will make while in attendance will be well worth the trip.  During the National Board Meeting events, our own Jacksonville chapter will be receiving the Chapter of the Year Award!  We are so proud of Josh Whitman and his outstanding chapter for this well-deserved recognition, so be sure to congratulate Josh when you see him.

Lastly, please review the Reminders section of the minutes, and let me know if you need any assistance.  That’s what I’m here for!

Happy Holidays!

Minutes of the October 2, 2004 meeting of the FLABOTA Board of Directors held in Cashiers, North Carolina are attached.  A review of the minutes will inform the reader about the many important issues before this board and the actions taken on those matters.   

Board members are reminded that the final FLABOTA board meeting for 2004 will take place on Wednesday, December 1, 2004, via conference call, beginning promptly at 5:00 p.m.  The executive director should be notified as to board members' availability for this conference call.  Also as the slate of chapter officers for 2005 are finalized, don’t forget to send that information to the executive director.  It is also due to the ABOTA National Office in Dallas no later than November 15, in order to be included in the National Membership Roster. 

Congratulations to John Fisher of Orlando for being named Treasurer of FLABOTA for 2005!  Pursuant to the bylaws, the current President-elect, Herman J. Russomanno of Miami, will automatically become President, and current Treasurer, Bill Hahn of Tampa, will become the President-elect, effective January 1, 2005.

During its 7th Annual Convention at the Renaissance Vinoy Resort in St. Pete, the FLABOTA board of directors met on two mornings to discuss important issues facing the judicial system and challenges to the way our members practice law.  On July 30, 2nd Circuit Chief Judge Charles Francis addressed board members on the current status of funding for the trial court system, following the 2004 legislative sesssion, as well as where priorities will be placed for the next legislative session.  Read the July 30 minutes for these details and more.

Both meetings also addressed the serious threat posed by the FMA's proposed constitutional amendment limiting contingency fees in medical malpractice cases.  Read more to find out what action the FLABOTA board is taking to oppose the amendment, and about other matters discussed during the convention.

Miami-Dade County’s Chief Judge Joseph P. Farina and Trial Attorney John Fisher

Recognized With Prestigious Honors

The Florida Chapters of the American Board of Trial Advocates (FLABOTA) recently recognized Chief Judge Joseph P. Farina, as its Jurist of the Year and John Edwin Fisher

as its Trial Lawyer of the Year. The two were honored July 30 during FLABOTA’s annual awards banquet at the Renaissance Vinoy Resort & Golf Club in St. Petersburg , Florida. 

The prestigious awards are bestowed each year on the individuals who represent the

highest standards of protecting the integrity of Florida’s trial system, both in and out

of the courtroom.

“Judge Farina and John Fisher each have made significant contributions to the

betterment of Florida’s trial system, not just this year, but throughout their careers,”

said Dave Dunlap, Jr., president of FLABOTA. “They each have made a profound

impact in Florida’s courts, with their peers, and in their respective communities.”

As Jurist of the Year, the Honorable Joseph P. Farina, Chief Judge, Eleventh Judicial

Circuit Court since 1995, was recognized for outstanding service and dedication to

preserving the right of civil trial by jury for the citizens of the state of Florida. 

He was selected because he is committed to preserving and improving the jury trial

system; is knowledgeable, prepared, and rules in a timely manner; follows the rule of

law and applies it evenhandedly; demands professionalism from all lawyers; and

maintains open and accessible working relationships with the trial bar.

Judge Farina received his bachelors’ degree from George Washington Universityand

his J.D. degree from the University of Florida College of Law. He was appointed

to the County Court bench in 1979 and was appointed to a circuit court judgeship in

1981. He serves or has served the Florida judicial and legal communities in

numerous capacities, including as a member of the Florida Supreme Court’s Trial Court

Budget Commission, the Florida Supreme Court’s Revision 7 Commission

Communications Advisory Group, Chair of the Florida Supreme Court’s Judicial

Management Council Strategic Planning Committee on Long Range Planning for the

State Court System, as a member of the  Florida Conference of Circuit Court

Judges Executive Committee and as a member of the board of directors of the

National Conference of Metropolitan Courts.

Judge Farina also serves as a volunteer for WRLN’s Radio Reading Service and is a

member of the Alliance for Human Services Board of Directors. He also served as

Mayor of Miami Shores from 1977-1979.

“Judge Farina has made invaluable contributions to the justice system, to our community

and has been very supportive of FLABOTA,” said Sonny Meyers, presenter of Judge

Farina’s award and immediate past president of FLABOTA. “Judge Farina stands out

among jurists because of his tireless work on behalf of the entire State of Florida. He

has spent considerable time in the State Capitol leading an unpleasant fight with our

state legislators to enact reasonable legislation to keep our court system open and to

obtain adequate funding for the court’s needs. The Miami chapter of ABOTA was honored

to nominate Judge Farina for the Jurist of the Year award.”

John Edwin Fisher, recipient of FLABOTA’s 2004 Trial Lawyer of the Year award,

was recognized for his superb reputation of high ethics and fair play, and his

distinguished legal career as an excellent advocate and outstanding member of the

defense bar. Fisher, a partner with Fisher, Rushmer, Werrenrath, Dickson, Talley &

Dunlap, P.A. in Orlando, received both his bachelor’s and his J.D. degrees

from Yale University. His experience as a trial advocate began in 1965 in

business and commercial litigation, personal injury, wrongful death,

construction and professional malpractice. He has served as regional counsel to

various national manufacturers defending products liability claims and to insurance

companies in directors and officers liability matters. 

Outside the courtroom, Fisher has distinguished himself through his generosity to

both his profession and his community. John has been a mentor to many plaintiff and

defense lawyers in the state, and he has tried over 150 jury trials in almost 40

years of practice. Fisher has held leadership positions as a member of the Board of

Governors of The Florida Bar, and chair of its Trial Lawyers Section; chair of the

Supreme Court Judicial Nominating Commission; president of the Florida Defense

Lawyers Association; president of the Orange County Bar Association; and presently

serves as the Central Florida chapter representative on the board of directors of FLABOTA. 

“John’s determined dedication to the law, his unswerving commitment to intellectual

honesty and his continued service to society provide great leadership and inspiration

to his fellow attorneys and make him a model recipient for this award,” said Mac Voght ,

vice president of the Central Floridachapter of ABOTA and presenter of the Trial

Lawyer of the Year Award. “He believes deeply that trial lawyers can make a

difference in the safety of Florida’s families and is dedicated to the fight of maintaining

equal access to the civil justice system. It was a great honor for the Central Florida

chapter of ABOTA to nominate John for Trial Lawyer of the Year.”

The Supreme Court of Florida in ceremonial session on July 1, 2004 adopted a Resolution commending the Florida chapters of ABOTA "for their outstanding advocacy on behalf of a Revision 7 infrastructure and budget that ensure Florida's trial courts are able to continue delivering justice in a fair, timely and impartial manner."  The Revision 7 Commemoration was held at the Court to recognize the significant contributions toward the successful implementation of the funding transition for Florida's trial courts.  It was viewed as a monumental event in the history of the Florida State Courts System, and a number of individual judges, court staff, legislators, Florida Bar and business leaders were honored, in addition to FLABOTA members who assisted in the efforts.  A copy of the full Resolution is attached.

Make plans now to attend the July 28-August 1, 2004 Annual Convention of the Florida Chapters of ABOTA, at the beautiful Renaissance Vinoy & Golf Club in St. Petersburg, Florida.  Get ready for a weekend of educational opportunities -- including a Masters in Trial program on Thursday, July 29 -- as well as fun and relaxation with your ABOTA colleagues!  Pack your golf clubs, your tennis racket and the whole family!  You can't afford to miss it -- this is your one chance each year to meet and socialize with ABOTA members from all 11 chapters in Florida.

Attached is the Schedule of Events, Registration Form and hotel Reservation Form.  For further information, contact Mindy Boggs at mboggs51@comcast.net or call 850-893-0323.

During the June 2, 2004 conference call meeting of the FLABOTA Board of Directors, Judge Joseph P. Farina, Chief Judge of the 11th Judicial Circuit Court in Dade County, was selected as the 2004 Jurist of the Year.  John Edwin Fisher of Orlando, as past president of the Central Florida chapter, was selected as the Defense Trial Lawyer of the Year for 2004.  Both will be honored on Friday, July 30, 2004 at an Awards Banquet during the 7th Annual FLABOTA Convention which will take place at the Renaissance Vinoy Resort & Golf Club in St. Petersburg.  For information on attending the Awards Banquet or other convention activities, contact Mindy Boggs at mboggs51@comcast.net or call (850) 893-0323.  Minutes of the June 2 conference call are attached for further information.

FLABOTA President-elect Herman J. Russomanno has been awarded the David W. Dyer Professionalism Award, an honor bestowed annually by the Dade County Bar Association Professionalism Committee. The presentation will be made on June 17 during the local bar’s installation meeting in June. The award - the most prestigious presented by the DCBA - recognizes a lawyer or member of the judiciary who endeavors to the highest level of humility, civility, compassion and morality characteristic of Judge Dyer.  Past recipients include Judges William M. Hoeveler, Edward B. Davis, Gerald Kogan, Philip Bloom and attorneys Robert C. Josefsberg and Leland E. Stansell, Jr.

Judge David W. Dyer was nominated to the federal bench by President John F. Kennedy and was appointed to the United States District Court for the Southern District of Florida in 1961.  He became the Chief Judge in 1962, and was elevated to the Eleventh Circuit Court of Appeals in 1966.  He presided over important civil and voting rights cases, including a 1967 historic ruling to reapportion Florida on the one-man, one-vote principle.  Judge Dyer also ordered the desegregation of Florida’s Turnpike restaurants.  In January 1998, the same year the community lost Judge Dyer to cancer, the historic downtown post office was renamed the David W. Dyer Federal Buildingand United States Courthouse.

Russomanno was also recognized in 2002 as the recipient of the Chief Justice Harry Lee Anstead Professionalism Award presented by the Dade County Trial Lawyers Association “for his tireless pursuit and practice of the highest ideals and tenants of the legal profession and for consistently demonstrating the essential ingredients of professionalism, character, competence and commitment.” In 2001, Herman received the B. J. Masterson Award for Professionalism, which is the highest award presented by the Academy of Florida Trial Lawyers for ethics and professionalism. This prestigious award is given to a lawyer “who in his lifetime of practicing law, epitomized ethical professionalism and who was a model to which all lawyers should aspire.”  His nomination included several other awards and achievements bestowed on Russomanno over the years. FLABOTA congratulates our President-elect, Herman Russomanno , on this latest achievement!

Minutes of the April 15, 2004 conference call meeting of the FLABOTA Board of Directors are now available.  Please see attachment for all the details.

ON BEHALF OF THE FLORIDA CHAPTERS of the American Board of Trial Advocates, President Dave Dunlap, Jr. recently presented Florida Supreme Court Chief Justice Harry Lee Anstead with a resolution supporting the continued independence of Florida’s system of justice and recognizing Anstead’s work to secure full funding for the trial courts as the Florida Legislature implements Revision 7 to Art. V. "If the courts are not adequately funded and supported it strikes at the heart of the ability of our State to function effectively in all regards, whether it's economic issues, where it is the right of a person to have his day in court, whatever it is, it is critical that that be maintained," said FLABOTA President Davisson F. Dunlap, Jr.  Justice Anstead said the trial judges and the other members of the justice system in every community in this State have been the genuine advocates and heroes in the battle to maintain Florida’s justice system as it is now. "I am so proud of the judges and lawyers and others in the justice system of Florida for rising to the occasion," Anstead said.

Minutes of the February 11, 2004 conference call meeting of the FLABOTA Board of Directors are now available.  Please see attachment for all the details.