February 15, 2003 Notices

first_img February 15, 2003 Regular News February 15, 2003 Notices Second DCA JNC seeks applicantsThe Second District Court of Appeal Judicial Nominating Commission is accepting applications for a vacancy created by the death of Judge Jerry R. Parker, who succumbed to lymphoma on January 11.Applicants must reside within the jurisdiction of the Second DCA, be a registered voter, and have been a member in good standing of The Florida Bar for the preceding 10 years.Applications are available from JNC Chair Ky M. Koch, 200 N. Garden Ave., Suite A, Clearwater 33765, telephone (727) 446-6248, and from the Bar’s Web site at www.flabar.org.Ten copies of the completed application, and any attachments, must be returned to Koch’s office no later than 5 p.m. February 19. Bar seeks JNC commissioners T he Board of Governors is seeking applicants for the following vacancies for nominations to be submitted to Governor Bush on or before June 3, 2003: Judicial Nominating Commissions: One lawyer vacancy for each of the 26 JNCs. The Florida Bar must nominate three lawyers for each vacancy to the governor for his appointment. Each appointee will serve a four-year term, commencing July 1. Applicants must be engaged in the practice of law and a resident of the territorial jurisdiction served by the commission to which the member is applying. Applicants must comply with state financial disclosure laws. Commissioners are not eligible for state judicial office for vacancies filled by the JNC on which they sit for two years following completion of their 4-year term.Applications must be completed for each vacancy you are applying for and must be received by mail or fax, (850) 561-5826 no later than 5:30 p.m., Friday, March 21, the Executive Director’s office of The Florida Bar. Resumes will not be accepted in lieu of an application. Screening committees of the Board of Governors will review all JNC applications. The committee will then make recommendations to the Board of Governors.Persons interested in applying for any of these vacancies may download the proper application form (there is a specific JNC application) from the Bar’s Web site, www.flabar.org, or should call Bar headquarters at (850) 561-5600, ext. 6627, to obtain the application. Completed applications must be received by John F. Harkness, Jr., Executive Director, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300 by the March 21 deadline. Judge sought for Dixie County benchApplicants are being sought to fill a judicial vacancy in the Dixie County Court as a result of the retirement of County Judge Marshall M. Clements, effective April 20.Applicants must be members of the Bar in good standing for the proceeding five years, registered voters, and reside in Dixie County upon assuming office.Applications may be obtained from Guy W. Norris, JNC Chair, 253 N.W. Main Blvd, Lake City 32055, phone (386) 752-7240. Applications may also be obtained from The Florida Bar Web site at www.flabar.org.An original and nine copies of the completed application must be received by Norris no later than 2 p.m. February 25. Interviews will be held on Friday, March 7, in the Dixie County Courthouse in Cross City. Federal JNC seeks judicial applicantsApplications are now being accepted to fill the position of United States District Court judge for the Northern District of Florida (Pensacola Division).Applications are available from the Roberto Martinez, Commission Chair, 255 Aragon Ave., Coral Gables 33134, telephone number (305) 476-7430, e-mail address [email protected] completed application must be mailed to the commission’s chair and all its members by March 15. Kirkpatrick seeks Bar reinstatement P ursuant to Bar Rule 3-7.10, John Evron Kirkpatrick has petitioned the Florida Supreme Court for Bar reinstatement.Kirkpatrick was the subject of two disciplinary suspensions. The first suspension was a 91 day suspension for violation of trust account regulations. The suspension was effective on April 25, 1999. The second suspension was a 180 day suspension for violation of Rules 4-8(c)(d), 4-4.1 and 4-3.3, arising out of Kirkpatrick’s conduct in the resolution of a civil lawsuit in Tampa. The suspension was effective on August 30, 2001.Any persons having knowledge bearing upon Kirkpatrick’s fitness or qualifications to resume the practice of law should contact Randi Klayman Lazarus, Bar Counsel, Suite M-100, 444 Brickell Avenue, Miami 33131, telephone (305) 377-4445. Scott Roth petitions for Bar reinstatementPursuant to Rule 3-7.10(b), Scott Martin Roth of Naples has petitioned the Supreme Court for Bar reinstatement.Roth was suspended for three years by a court order dated July 13, 1995, for violation of the following Rules Regulating The Florida Bar: Rule 3-4.3 (engaging in conduct that is unlawful or contrary to honesty and justice); Rule 4-8.4(b) (committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects); and Rule 4-8.4(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation).Anyone wanting to comment on Roth’s petition for reinstatement may contact Stephen C. Whalen, assistant staff counsel, The Florida Bar, 5521 W. Spruce Street, Suite C-49, Tampa 33607-5958, telephone (800) 940-4759. Wakefield petitions for Bar reinstatement Pursuant to Rule 3-7.10, Stanley Craig Wakefield has petitioned the Florida Supreme Court for Bar reinstatement. Wakefield was suspended from practice of law for six months, effective February 18, 2002, for various trust account violations and for failing to properly supervise his non-lawyer staff. Any persons having knowledge bearing upon Wakefield’s fitness or qualifications to resume the practice of law should contact Kenneth H. P. Bryk, Bar Counsel, The Florida Bar, 1200 Edgewater Drive, Orlando 32804-6314, telephone (407) 425-5424. 16th Circuit JNC has an opening T he Florida Bar is seeking applicants to fill an interim vacancy on the 16th Circuit Judicial Nominating Commission.Pursuant to F.S. §43.291, each vacancy shall be filled by appointment in the same manner as the member whose position is being filled. Accordingly, The Florida Bar must nominate three lawyers for each vacancy to the governor for his appointment. The current term for this vacancy will expire July 1, 2006. Applicants must be engaged in the practice of law and a resident of the 16th Judicial Circuit. Applicants must comply with state financial disclosure laws and are not eligible for state judicial office for vacancies filled by the JNC on which they sit and for two years following completion of their term.Applicants may download the specific application from www.flabar.org, or may call (850) 561-5600, ext. 6627, for assistance. Completed applications must be received by John F. Harkness, Jr., Executive Director, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300 by mail or fax, (850) 561-5826 no later than 5:30 p.m., February 24. Resumes will not be accepted in lieu of application. Board to make April appointment T he Board of Governors is seeking applicants for the following vacancies to be filled during its April 4, 2003 meeting: Supreme Court’s Bar Admissions Committee: One lawyer to serve a two-year staggered term commencing July 1. This Supreme Court committee, which is authorized under Rule 1-26.2 of the Rules Relating to Admissions to the Bar, coordinates the work of the bench, bar, law schools, and bar examiners. It consists of 13 members, two of whom are designated by the Board of Governors.Persons interested in applying for these vacancies may download the application from the Bar’s Web site, www.FLABAR.org, or call Bar headquarters at (850) 561-5600, ext. 6802, to obtain an application form.Completed applications must be submitted to John F. Harkness, Jr., Executive Director, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300 no later than close of business, Friday, March 7. Resumes will not be accepted in lieu of an application. Legislative ActionUnder Rule 2-9.3 (b) – (e), Rules Regulating The Florida Bar, active members of the Bar may file a specific objection to any legislative position adopted by the Board of Governors.Objections properly filed within 45 days of this News issue will be considered for a refund of that portion of mandatory membership fees applicable to the contested legislative position, within an additional 45 days. The Bar’s governing board has the option to grant the appropriate refund to an objector or to refer the matter to arbitration.The arbitration process will determine solely whether the legislative position is within those acceptable activities for which compulsory membership fees may be used under applicable constitutional law. The objecting member’s fees allocable to the contested legislative position will be escrowed promptly upon receipt of the objection, and any refund will bear legal interest.Any active member may provide written notice to the executive director of The Florida Bar, setting forth an objection to a particular legislative position. Failure to object within 45 days of this News issue will constitute a waiver of any right to object to a particular legislative position within this notice.The policy requires the Bar to notice such legislative positions in the next available News issue following their adoption.Pursuant to Standing Board Policy 9.20, on January 31, 2003 the Board of Governors approved the following position of The Florida Bar:7. Supports adequate funding of the state courts system, state attorneys’ offices, public defenders’ offices, and court-appointed counsel. Civil Procedure Rules amendmentsThe Florida Bar Civil Procedure Rules Committee has submitted to the Florida Supreme Court the committee’s regular-cycle report of proposed amendments to the Florida Rules of Civil Procedure.The Court invites all interested persons to comment on the committee’s proposed amendments. The committee has provided a summary of the proposed amendments, which is reproduced below. The amendments are reproduced in full 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 March 17, with a certificate of service verifying that a copy has been served on the committee chair, Dominic C. MacKenzie, 50 N. Laura Street, Ste. 3900, Jacksonville 32202-3622, and the proponents of the various proposals, whose name and address will be provided online, 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 May. 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. Family Law Rules of Procedure AmendmentsThe Florida Bar Family Law Rules Committee (committee) has submitted to the Florida Supreme Court the committee’s regular-cycle report of proposed amendments to the Florida Family Law Rules of Procedure.The court invites all interested persons to comment on the committee’s proposed amendments. A summary of the amendments is provided below. The amendments are reproduced in full 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 March 17 with a certificate of service verifying that a copy has been served on the committee chair, Michael P. Walsh, 501 South Flagler Drive, Suite 306, West Palm Beach 33401-5911, 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 May. 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. Amendments to the Probate RulesThe Florida Bar Probate Rules Committee has submitted to the Florida Supreme Court the committee’s regular-cycle report of proposed amendments to the Florida Probate Rules.The court invites all interested persons to comment on the committee’s proposed amendments. The committee has provided a summary of the proposed amendments to rules, which is reproduced below. Proposed amendments to rules are reproduced in full online at www.flcourts.org/sct/sctdocs/proposed.html.Rules in which the committee only proposes amendments to the commentary, but not to the rule itself, are also reproduced online. An original and nine copies of all comments must be filed with the Court on or before March 17, with a certificate of service verifying that a copy has been served on the committee chair, Brian J. Felcoski, 2333 Ponce de Leon Blvd. #1102, Coral Gables 33134-5422, 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 May, 2003. 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. Small Claims Rules AmendmentsThe Florida Bar Small Claims Rules Committee has submitted to the Florida Supreme Court the committee’s regular-cycle report of proposed amendments to the Florida Small Claims Rules.The court invites all interested persons to comment on the committee’s proposed amendments. The committee has provided a summary of the proposed amendments, which is reproduced below. The amendments are reproduced in full 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 March 17, with a certificate of service verifying that a copy has been served on the committee chair, The Honorable Sharon Zeller, 3550 Hollywood Blvd. Ste. 2214, Hollywood 33021-6468, and the proponents of the various proposals, whose name and address will be provided online, 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 May. 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. Judicial Administration Rules Amendments The Florida Bar Rules of Judicial Administration Committee has submitted to the Florida Supreme Court the committee’s regular-cycle report of proposed amendments to the Florida Rules of Judicial Administration.The court invites all interested persons to comment on the committee’s proposed amendments. The committee has provided a summary of the proposed amendments, which is reproduced below. The amendments are reproduced in full 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 March 17, with a certificate of service verifying that a copy has been served on the committee chair, the Honorable Peter D. Webster, First District Court of Appeal, 301 S. Martin Luther King, Jr. Blvd., Tallahassee, 32399-1850, and the proponents of the various proposals, whose name and address will be provided online, 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 May. 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.last_img read more