March 07, 2014

Proposal would let winner of governor's race pack the Supreme Court

Retiring JusticesFlorida’s governor would have new powers to pack the state’s Supreme Court under a proposed constitutional amendment that would allow him to make prospective appointments to the bench even if a vacancy occurs the day the governor is leaving office.

Under the proposal by Sen. Tom Lee, R-Brandon, the next governor could appoint the successors to three justices of the Florida Supreme Court who would have to retire on the same day the governor’s term ends, on Jan. 8, 2019. Justices are required to retire at age 70, but can continue to serve on the bench until the end of their six-year term.

Justices R. Fred Lewis, Barbara Pariente and Peggy Quince — the court’s liberal wing — will all turn 70 some time during the next governor’s term, and their six-year terms will all end on the same day as the a new governor is inaugurated.

The state constitution is unclear about whether the incoming or outgoing governor should make the appointment when the vacancy occurs on inauguration day. The proposal is designed to put some certainty into the law by giving governors a “prospective appointment” as part of the state’s merit selection system used for appellate courts.

If voters approve Lee’s amendment in November, Gov. Rick Scott, if reelected, or his successor will have the power to appoint a majority of the seven-member court, a legacy that could last for decades.

Here’s how it would work: Story here. 

Photo: Retiring justices, clockwise: Peggy Quince, Barbara Pariente, James E.C. Perry, R. Fred Lewis

 

March 06, 2014

Court says state law prevents Tampa immigrant from being admitted to Florida Bar

In a long-anticipated decision, the Florida Supreme Court ruled Thursday that Tampa immigrant and FSU law school graduate Jose Godinez-Samperio cannot be admitted to the Florida Bar.

But the court called on the Florida Legislature to intervene quickly to correct what it called an "injustice." When a similar set of circumstances occurred in California, that state's Legislature changed the law to allow non-citizens to become members of the Bar.

"The Florida Legislature is in the unique position to act on this integral policy question and remedy the inequities that the unfortunate decision of this Court will bring to bear," the justices wrote.

The Florida Board of Bar Examiners had asked the state's high court for an advisory opinion on the question. The court concluded that an immigrant's legal status is determined solely by federal law, and a 1996 federal law prohibits undocumented immigrants from receiving certain state "public benefits," including a professional license — in this case, to practice law — issued by an agency that receives state money, in this case, the Florida Supreme Court.

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January 30, 2014

Florida Supreme Court's next chief justice is Jorge Labarga, first Cuban-American to hold post

From our friends at the Associated Press:

Justice Jorge Labarga will be the Florida Supreme Court's next leader.

The seven-member court on Wednesday elected 61-year-old Labarga to a two-year term beginning July 1. He will succeed Chief Justice Ricky Polstonwho will remain on the bench.

Labarga becomes the first Cuban-American to hold the post. The chief justice serves as the chief administrative officer for the state courts system.

His election followed a tradition of electing the next senior justice who hasn't yet held the position.

Labarga was first appointed to the high court in 2009 by former Gov. Charlie Crist. He will become the court's 56th chief.

Labarga is from West Palm Beach and he served as a trial court judge and then briefly as an appeals judge before he was appointed to the Supreme Court. 

December 19, 2013

Florida Supreme Court approves new execution drug

From the Associated Press: 

The Florida Supreme Court is giving its approval for the state's new lethal injection procedure and the execution of a man who killed a prison guard while on death row can proceed.

The court ruled Thursday that a new drug used to render condemned prisoners unconscious works effectively.

Askari Abdullah Muhammad, formerly known as Thomas Knight, was scheduled for execution Dec. 3. The court delayed the execution and ordered hearings on a claim that the sedative midazolam hydrochloride doesn't prevent pain after being administered.

The 62-year-old Knight has been on death row for nearly 40 years. He was convicted of fatally stabbing Corrections Officer Richard Burke with the sharpened end of a spoon in 1980.

Knight was originally condemned for the 1974 murders of Sidney and Lillian Gans of Miami Beach. 

October 15, 2013

St. Pete firefighter's case attracts Legislature's attention

A closely-watched legal case involving workers' compensation benefits, a disabled firefighter and the city of St. Petersburg is now before the Florida Supreme Court, which on Tuesday added it to its list of high-profile cases because of extensive public and media attention.

The case has drawn the interest of numerous business organizations, trial lawyers, unions, the Legislature and Attorney General Pam Bondi as well.

At the center of the case is Bradley Westphal, a former St. Pete firefighter who suffered a catastrophic spinal injury while moving furniture at a fire in 2009. As the Tampa Bay Times' Mark Puente has reported, Westphal sued the city after it stopped paying him temporary disability benefits at a time when he did not qualify for permanent total disability status. The First District Court of Appeal ruled in Westphal's favor and struck down as unconstitutional a provision in the state workers' compensation law that limits temporary disability benefits to two years.

Both houses of the Legislature have sided with the city of St. Petersburg in the case. Other friend-of-the-court briefs have been filed on the city's side by Publix Supermarkets, the Florida Chamber of Commerce, Associated Industries and the National Federation of Independent Business. The Florida Justice Association, Florida Worker Advocates and the Florida Police Benevolent Association have taken up Westphal's cause in court.

-- Steve Bousquet

August 01, 2013

Former Florida Supreme Court Justice Arthur England, 80

Arthur England Jr., who served more than six years on the Florida Supreme Court in the 1970s at a time when it was recovering from a string of scandals, died Thursday at his home in Coral Gables. He was 80.

In the early 1970s, England served as a special tax counsel to the Florida House of Representatives, a role in which he helped craft a proposed corporate profits tax in Florida, a major plank in Reubin Askew's 1970 platform for governor. England later served as Askew's consumer adviser.

England served on the state's highest court from 1975 to 1981, and was its next-to-last justice who was popularly elected by the voters. His path to the bench was an unusual one: Justice Richard Ervin was approaching the mandatory retirement age of 70, and Askew believed he should appoint Ervin's successor, but the Supreme Court ruled the seat must be filled by election.

England filed for the seat anyway, despite his misgivings about an elective judiciary, ran a low-budget campaign and defeated Sam Spector, a trial court judge, in a 1974 election.

As a justice, England was a stickler for the use of common, easily-understood language in legal briefs, once opting to author an opinion as "by the court," rather than the more common "per curiam." He also championed a program to use the interest on lawyers' trust accounts for their clients to pay for legal services for the poor -- the first program of its kind in the United States, and one modeled on a similar program in Canada. He first proposed the idea in a 1976 speech to the Florida Bar Board of Governors in Crystal River.

After he left the bench, England spent two decades as an appellate lawyer at the Greenberg Traurig firm in Miami and later formed his own law firm.

-- Steve Bousquet 

 

June 25, 2013

SCOTUS ruling helps landowners, raises costs for wetlands protection

@CMorganHerald

The U.S. Supreme Court gave the family of a Central Florida landowner – as well as property owners and developers across the state and country – a significant victory on Tuesday with a ruling that stands to make it tougher and more expensive for government agencies to protect the nation’s dwindling wetlands.

In a 5 to 4 decision, the court found that the St. Johns River Water Management District had imposed excessive demands on Coy Koontz Sr., who was denied a permit to build on a 15-acre plot outside of Orlando unless he offset or “mitigated” for paving over wetlands by restoring wetlands owned by the district several miles away.

Koontz died several years ago but his son, Coy Koontz Jr., said the family was ecstatic at winning a land-use legal battle dating back nearly two decades and giving other landowners “a bigger stick” to fight similar cases in the future.

“As my wife said, it certainly vindicates my father’s decision to take this fight on,” Koontz said during a media conference call organized by the Pacific Legal Foundation, a private property rights advocacy group that represented the family in the case. More here.

-- Curtis Morgan

June 17, 2013

Supreme Court agrees to expedite briefs in redistricting case

The Florida Supreme Court has agreed to partly expedite the review of the redistricting challenge brought by the League of Women Voters and a coalition of  individuals and voter groups this month by giving the parties until June 21 to file their briefs.

The court did not say whether it would also conduct an expedited hearing in the case, thereby interrupting the court's traditional summer break, but it did not deny the request for the fast-track hearing either.

The League and several other plaintiffs are asking the court to review a precedent-setting appellate court decision issued last month that allows legislators to be shielded from discovering proceedings in a redistricting challenge.

Lawyers for the House and Senate successfully argued before the First District Court of Appeals that legislators and their staff enjoy blanket immunity from being forced to turn over their work papers or testify regarding redistricting. 

 

March 15, 2013

Tampa immigrant moves step closer to Bar admission

 

Jose Gomprez-Samperio, the Tampa man seeking admission to the Florida Bar even though he's not an American citizen, has moved one step closer to realizing his dream. An administrative board that screens all applicants for bar admission has ruled that he is of sound character to practice law. 

The Florida Board of Bar Examiners has notified the Florida Supreme Court of its decision reached at a meeting last weekend that "nothing presently contained in the investigation file will, in and of itself, be considered disqualifying." That double-negative phrasing may not sound significant, but it is especially welcome news to Gomprez-Samperio, an FSU law school graduate who was valedictorian of his senior class at Armwood High in Tampa. 

In an accompanying notice, the board's general counsel, Robert Blythe, wrote: "While this present matter before the Court does not involve Mr. Godinez-Samperio's bar application directly, this supplemental authority is pertinent in that the status of the board's processing Mr. Godinez-Samperio's bar application has been a topic addressed in previous pleadings in the Court."

In Florida, the admission of attorneys to practice law is a judicial responsibility, and the 15-member Board of Bar Examiners screens all candidates for bar admission on character and fitness issues. Applicants must submit proof of good moral character and must pass the bar exam to practice law.

Godinez-Samperio's request for bar admission has been before the state Supreme Court since October. At issue is whether a license to practice law is considered a "public benefit," which a federal law bars undocumented immigrants from receiving.  In the past few months, Godinez-Samperio has received a Social Security card, Florida driver's license and federal approval for a work permit.

-- Steve Bousquet

March 07, 2013

Scott picks 'conservative' Forst for 4th DCA post

Gov. Rick Scott on Thursday appointed Treasure Coast attorney Alan Orantes Forst to a vacancy on the 4th District Court of Appeal.

Forst had angered some judicial watchdogs for touting "conservative credentials" on his application. He replaces Fred Hazouri, who retired from the court that handles appellate cases in Broward and Palm Beach counties and the Treasure Coast.

Scott selected Forst over four judges with extensive trial court experience. Four of the six finalists were seasoned judges (Peter Blanc, Glenn Kelly, Janis Brustares Keyser and Krista Marx).

Forst is an attorney and chairman of a state agency, the Florida Reemployment Assistance Appeals Commission. The Palm City resident included in his application a section he labeled "Conservative Credentials," and name-dropped Clarence Thomas, Bob Dole and Jeb Bush.

Forst noted that he was a college Republican and Ford-Dole volunteer and worked for a pro-Ronald Reagan political action committee. He worked in President Reagan's Justice Department, where his duties included being a liaison between the agency and Clarence Thomas, who then was chairman at the Equal Employment Opportunity Commission.

-- Steve Bousquet