THE SIDE BAR SEPTEMBER 2007 NEWSLETTER OF THE MARTIN COUNTY BAR ASSOCIATION MESSAGE FROM THE PRESIDENT IN THIS ISSUE • President’s Message • News and Updates • Jeff Thomas Fund THE SIDE BAR NEWSLETTER Published monthly by the Martin County Bar Association as a service to its membership. If you have an article, opinion, news or other information for publication in the SideBar, please call Michelle Katzman at (772) 220-8018 or email information to: [email protected]The due date for all advertisements, articles and announcements is the 20th of the month preceding publication. Contact Us: MARTIN COUNTY BAR ASSOCIATION PO Box 2197 Stuart, FL 34995-2197 Continued On Next Page . . . SOCIAL COMMITTEE’S CANOE TRIP ON MARCH 3-4, 2007 ON THE PEACE RIVER IN ARCADIA, FLORIDA When you receive this issue of The Side Bar, it will be September, the month of Judge McManus’ investiture, the Jewish high holy days, the start of NFL and college football (to some, also high holy days), Constitution Day (happy 220 th birthday) and our Bar Association’s third annual Constitution Week program and festivities. We’ll all be able to stop humming “See you in September” and, of course, the stores will start rolling out their Halloween displays. And Lindsey Lohan will check into a drug rehab center because she does that every month that begins with 1. We are in the process of wrapping up our initial membership “drive.” Personally, as I’ll discuss in this message, I believe that every Martin County attorney should belong to the Martin County Bar Association. Thus, the officers and our executive director will continue to endeavor to bring in new members and bring back former members. Not only is membership a “good deal” (the lunches alone cost more than the membership dues), but you are making a statement that you are part of this community, both the legal community and the greater Martin County community. “Judge Sweet ambushed this bass in his stealthy canoe.” MCBA EXECUTIVE BOARD: Voicemail Line: (772) 220-8018 E-Mail: [email protected]Website: www.martincountybar.org President: Honorable Alan O. Forst Vice President: Linda Weisknar Treasurer: Scott Konopka Secretary: Preethi Sekharan
SOCIAL COMMITTEE’S CANOE TRIP ON MARCH 3-4, 2007ON THE PEACE RIVER IN ARCADIA, FLORIDA
When you receive this issue of The Side Bar, it willbe September, the month of Judge McManus’ investiture,the Jewish high holy days, the start of NFL and college football(to some, also high holy days), Constitution Day (happy 220th
birthday) and our Bar Association’s third annual ConstitutionWeek program and festivities. We’ll all be able to stophumming “See you in September” and, of course, the storeswill start rolling out their Halloween displays. And LindseyLohan will check into a drug rehab center because she doesthat every month that begins with 1.
We are in the process of wrapping up our initial membership “drive.”Personally, as I’ll discuss in this message, I believe that every Martin Countyattorney should belong to the Martin County Bar Association. Thus, theofficers and our executive director will continue to endeavor to bring in newmembers and bring back former members. Not only is membership a“good deal” (the lunches alone cost more than the membership dues), butyou are making a statement that you are part of this community, both thelegal community and the greater Martin County community.
“Judge Sweet ambushed this bass in his stealthy canoe.”
Recently, I heard two different “gripes” from attorneys in response to our membership drive.Several attorneys noted that they were active with their practice group section of the Florida Bar andwanted to channel their energy in that direction. Our response was to form a practice group committeethat mirrored that of the Florida Bar. It is quite possible to have regular meetings of local attorneys whopractice family law or property law, and not only socialize, but discuss substantive matters and organizeCLE programs. Check out the websites of other Florida voluntary bar associations—they all haveactive practice group committees. When I first moved to Martin County from Virginia, I made it a pointto get involved in both the Florida Bar’s Labor and Employment Law Section and in the Labor andEmployment Law Committee of the MCBA. The two are not incompatible. Nor does membership inan ethnic/racial/religious bar association or in the local Inns of Court negate the need to belong to yourlocal bar association.
The second “gripe” really irks me. It was to the tune of “I don’t like driving to Palm City forlunches,” and “I don’t like all of the speakers,” and “I’m too busy to make most of the lunches.” Myanswer to Moaning Myrtle (not his real name), as well as the practice group attorneys is that your $175dues (reduced for government employees) not only pay for your 10 Bar lunches (actually, each lunchcosts us about $24/person—do the math), but dues are an important component in our Bar puttingtogether a number of programs that benefit both our members and the community. In September, wewill be sending volunteers to every local Martin County public school for our third annual ConstitutionWeek program. Along with the Justice Teaching initiative, which is a year-long program, this effort isbeneficial both to the students as well as the image of our profession. Earlier in the month, the Bar willbe paying for Judge McManus’ robe and reception following his investiture. We are also at the forefrontin organizing Bench-Bar programs and there are a number of 19th Circuit judges (several of whom areformer MCBA presidents) attending our functions. Every year, the Bar provides scholarships to localhigh school seniors. Most, but not all of the funds, come from the Bar’s annual golf tournament—theremainder come from Bar dues. We now have a very good website and newsletter, and both areattributable in large part to our new executive director, Michelle Katzman. Our pro bono committee,chaired by Jane Cornett, is working with Florida Rural Legal Services to address the pro bono needsof the community. We are also working to put on a number of social events, such as receptions, thecanoe trip and the annual dinner. These social programs serve a role in building a legal community andthus engender civility and professionalism. We will offer CLE credits at all of our monthly luncheonsand will encourage and work with committee chairs to similarly offer CLE credits at committee functions.Finally, if you have a problem with our lunch site, please direct me to a place with free and convenientparking that will provide private space for a luncheon and will work with us if we have 15 or 150 attendees.Plus, c’mon, the food is pretty good (and if you don’t like the entrée, you can request an alternative inadvance).
I realize that we will be unable to have every local attorney attend all of our lunches or events andsome may not be able to attend any function this year. Some members will be more involved withMCBA activities than others. Between work, family and other professional and voluntary obligations,our time only stretches so far. Nonetheless, we all need to join this Bar Association, if for no otherreason than to express your support for fully inclusive local bar associations in general as well as for theprograms organized and supported by the MCBA for the benefits of the legal and general Martin Countycommunity. In closing, I quote the great legal scholar Mr. T, Esq.: I pity the fool who doesn’t join theMartin County Bar Association!
3
THE SIDE BAR- SEPTEMBER 2007
SHIELDS MCMANUS NAMED TO 19TH CIRCUIT COURT BENCH
The Social Committee would like to congratulate F. Shields McManuson his appointment to fill the 19th Judicial Circuit Court judgeship recentlyvacated by the retirement of Judge Scott Kenney. F. Shields McManus’sInvestiture will be held on Friday, September 7, 2007, at 4:00 p.m. at thecourthouse. Immediately following the Investiture, a reception will take placeat the Historic Court House Cultural Center.
Sponsors are still needed for this event. All parties interested insponsoring this event are encouraged to contact Shaun Plymale (772-287-2600) or Erica Lester (772-221-7757).
INVESTITURE: SEPTEMBER 7, 2007
LEGAL ASSISTANTSWITHOUT OVERHEAD
Looking for a competent, reliable,professional Legal Assistants without
paying overhead?
How about retaining a Virtual LegalAssistants only as you need them?
We can help you only when youneed us in many ways including:
Case Management SolutionPreparing/Serving Legal DocumentsLegal Research – LexisNexis, Law
library Website Design
Save Money, Space, andHeadaches by Retaining Us.
Visit our website, call or E-mailus for more information:
LegalAssistantsOnline. Com (Please make sure to type
West Palm Beach, FL | www.murrayguari.com | 561.366.9099
We are the kind of partner you would want to have.
Not only will we handle your complex
auto product case with effi ciency, we will
do so with experience and diligence.
5
THE SIDE BAR- SEPTEMBER 2007
CONSTITUTION WEEK IS THIS MONTHAlan Orantes Forst
Can you believe that it has been 220 years since the Constitution wassigned in Philadelphia? That means that our Constitutional form of governmentis even older than Crary Buchanan!
As noted in last month’s Side Bar, we are once again requestingvolunteers to join us in going to our local county public schools during the weekof September 17-21 to educate our youth about our form of government andour rights set forth in the Constitution (some of which can be found in thepenumbras of the explicit clauses). Last September, five Circuit Court judgesand 27 local attorneys made 48 presentations at three high schools, five middleschools and eight elementary schools.
We hope to top that figure this year. If you are one of the volunteers, you will see your name inthe Side Bar, on our website, in the Florida Bar News (hopefully) and local media (hopefully). Moreimportantly, you will be part of an important effort on the part of our Bar Association to play a role inour community in educating our youth regarding this revolutionary form of government that is not fullyunderstood or appreciated.
Chief Judge Bill Roby, Linda Hake, Anika Hardmon, and Richard Levenstein recently joinedMichelle Katzman and Alan Forst in planning the Constitution Week activities. This committee willonce again provide the volunteers withoutlines and exercises for their use.
The time commitment is notegregious, and volunteers areencouraged to conduct the program witha colleague. We have learned from ourvolunteers that this is a very funexperience, you will be as much abeneficiary as the students, and this isan excellent public service project for theBar.
Please contact Alan Forst [email protected] or via the BarAssociation’s voice mail (772-220-8018) to express your interest inparticipating in Constitution Weekactivities, providing him with your datesand times of availability during the weekof September 17-22 and the school(s)at which you prefer to teach.
EXISTING LAWOFFICE FOR RENT
Downtown Stuart: 19 S.E. Osceola Street
Entire office Space for lease in a primelocation. Walking distance to the CourtHouse, Hospital and Downtown area.
1940 Square Feet (+/-). Excellent referralopportunities from current attorneys
A PROFILE OF CONNIE TUTION:GUEST SPEAKER AT MCBA SEPTEMBER LUNCHEON
On Friday, September 21, the MCBA is pleased to welcome Ms. Connie Tution as our guestspeaker at our second luncheon meeting of the year. Ms. Tution was born in 1787. She is mostdefinitely a child of Ms. Decla Rationofindependence. She has many (founding) fathers. She hasbeen in a long term relationship with Uncle Sam and has numerous offspring spread all over theworld (unfortunately, many of these offspring are ungrateful and even spiteful).
But, seriously, we are going to celebrate the Constitution at our September 21st meeting. Weare going to engage in an interactive and educational (yes, one CLE credit will be provided!) program,familiar to those of us who participated in Constitution Week last year—”the invaders.” This will bea fun and thought-provoking program.
As noted above, luncheon attendees will be able to receive one hour of CLE credit. We lookforward to another great turnout at the September 21st luncheon of the Martin County Bar Associationat Monarch Country Club. Please call 772-220-8018 to RSVP if you would like to attend. And,please state your name in doing so! Finally, please let us know at least two days in advance if yourplans have changed and you need to retract your reservation. Otherwise, Monarch will charge us forthe food/table setting.
CLE SEMINARS ARE AVAILABLE FREE TO
MARTIN COUNTY BAR MEMBERSEric Buetens
The Law Library Committee, using funds provided by the Martin County Bar Association, has the following audiotapeand audio CD sets:
• Criminal Law Update 2007- 8 credits - 1 ethics credit - expires 10/13/2008• Basic Federal Practice 2007- 7.5 credits - 1 ethics credit – Expires 9/29/2008• Advanced Evidence 2007 - 8 credits - 1 ethics credit - expires 9/15/2008• Real Estate: It’s a Brand New World - 5.5 credits - 0.5 ethics credit - Expires 7/12/2008• Basic Construction Law 2006 8 credits - 0 ethics credit - Expires 2/24/08• Fundamentals of Elder Law II 8 credits - 1 ethics credit - Expires 10/6/07• Florida Environmental and Land Use Law - 8 credits - 1 ethics credit – Expires 9/30/07
These seminars are available for free to Martin County Bar Members at the Law Library in the Courthouse. Hours canbe reported online. Short sets (such as the Ethics only tapes) may be checked out for one week. Longer sets (8 +credits) may be checked out for two weeks, although the sooner they come back to the law library, the better. Thefollowing tapes also provide Martin County Bar Members the opportunity to earn CLE credits and stay up-to-date onthe state of the law. Stop by the Law Library to take advantage of this Martin County Bar Member benefit. The LawLibrary is open Mon – Fri, 9:00am - 4:55pm
To check on tape availability or rental charges call the Law Library, 221-1427. Questions or Comments call EricBuetens 546-6633.
7
THE SIDE BAR- SEPTEMBER 2007
ELDER LAW PROBATE AND GUARDIANSHIP COMMITTEE UPDATEWes Harvin, II
I write as Chairman on behalf of the Elder Law Probate and Guardianship Committee of the MartinCounty Bar. Please allow me to tell you about our Committee.
This past year, the Committee was responsible for hosting three events. The first event is the annualFall Reception, which was held at the Osceola Street Café. This annual mixer serves as a meet-and-greet formembers of the Bar, the Judges, and the Clerks, all of whom are invited for light hors d’oeuvres. This year, forthe Annual Fall Reception, we prevailed upon Chief Judge Roby to speak to us on the Changing Face of theNineteenth. The event was a great success, with over 50 people in attendance.
The second event was the Ethics CLE Credit Presentation. Fortuitously, Monarch Country Club chargedus nothing for the extension of use of the meeting room, making this event a wonderful service to the Bar.
The third was the Seventh Annual Law Day Seminar, which was held in March, 2007 at the BlakePublic Library. This free event features a variety of speakers on a variety of topics of interest to the community,and lasts from 9:00am to 12:20pm. This is our largest event, with approximately 100 people in attendancelast year. We received partial sponsorship from Bank of America and The Place; transportation was providedby the Council on Aging.
We would like to continue all of our annual events for this upcoming year. The Committee appreciatesyour continued support and we look forward to working with you during this year. If you have any questions,comments, or want to get involved, please call Wes Harvin, II (286-3630).
2007-2008 MCBA COMPOSITE PHOTO TO BE DISPLAYED ATTHE MARTIN COUNTY COURTHOUSE
An updated composite photo of all 2007-2008 MCBA members will be displayed at the MartinCounty Courthouse in early 2008. Abbey Portrait Studios located at the Treasure Coast SquareMall will be taking members’ headshots from 11:30 am to 1:30 pm at the following MCBA lunchesheld at Monarch Country Club:
September 21, October 19 and November 16, 2007.
Call Michelle Katzman ASAP (772-288-6245) to schedule an appointment or you can sign up at theluncheons. All members must schedule an appointment if you want your picture taken during one ofthe three luncheons. Please note that space is limited. If you are unable to attend these lunches orbe scheduled, please make an appointment with the photographers directly(Peter or Julie Hughes) at 772-692-2200.
ONLY PHOTOS TAKEN BY NOVEMBER 23, 2007WILL BE INCLUDED IN THE COMPOSITE.
The portraits for the composite photo will also be used for the MCBA Directory and will be taken atno cost to members. If your firm or you would like to order additional photos and/or alternatebackgrounds, there will be order forms available from the photographer at each luncheon.
Construction and Boundary Disputes Right of Way Challenges
9
THE SIDE BAR- SEPTEMBER 2007
LITIGATION/TRIAL LAW
COMMITTEEGregory S. Weiss
The Litigation Section of theMCBA meets on the on the firstThursday of each month, at the officeof Page, Mrachek, Fitzgerald andRose, P.A. for lunch. A briefentertaining excerpt from JimMcElhaney regarding trial tactics(emailed to each member on theMonday before the lunch) will bediscussed. If you are interested inattending please contact the LitigationSection Chair, Greg Weiss, by emailat:
This month’s article is “Get It AdmittedSome Other Way.”
Approval for Florida Bar CLEcredits pending
Any article appearing herein may be reproduced provided credit is given both to the SideBarand the author of the article.
Views and conclusions expressed in articles and ads herein are those of the authors oradvertisers and not necessarily those of the officers, directors, or staff of the Martin CountyBar Association. Further, the Martin County Bar Association and staff do not endorse anyproduct or service advertised.
All advertising is subject to approval. We regret any errors or omissions and such, if applicable,will be noted in future issues.
The Fourth District Court of Appeal Nominating Commission is Accepting Applications For a DistrictCourt of Appeal Vacancy. Go to www.flabar.org for an application and qualifying requirements.
DISTRICT COURT OF APPEAL POSITION VACANCY
10
THE SIDE BAR - SEPTEMBER 2007
THE MCBA YOUNG LAWYERS DIVISIONAnika Hardmon and Erica J. Lester, Committee Co-Chairs
Interested in becoming more involved in the Young Lawyers Division (“YLD”)? We’ll discusshow to become more involved in YLD and more at our first meeting. We look forward to seeing allyoung lawyers at the first meeting, which will be held at Dos Amigos, 300 S. Federal Highway,Stuart, Florida on Tuesday, September 18, 2007, at 6:00 p.m. If you have not sent in your RSVPyet, but plan on attending, please send an email to Pamela Lewis at [email protected].
YLD has partnered with the Judicial Relations Committee in planning the First Fall Receptionto honor all Judges in the 19th Judicial Circuit and welcome new members of the Martin CountyBar Association. The reception will be held at the Elliott Museum on Thursday, October 25, 2007,from 5:30-8:30 p.m. This event is free of charge for all members of the judiciary and their guests,as well as for all new members of the Martin County Bar Association and their guests. All otherguests may attend at a cost of $20 per person. You may RSVP for this event by email to AnikaHardmon at [email protected] or Rachael Johnson at [email protected] Sponsors are stillneeded for this event. All parties interested in sponsoring this event are encouraged to contactAnika Hardmon (772-283-8260) or Erica Lester (772-221-7757). Additional information regardingthis event will follow next month.
FOR LEASE – OFFICE SUITESProfessional Office Building
215 S. Federal HighwayStuart, FL
Suites Available:620 & 1975 square feet
Call 772-220-4096www.slccommercial.com
THE FRIENDS’ BOOK DEPOTEric Buetens, Team Leader
The Friends’ Book Depot is acollaborative effort of the six friends’groups of the Martin County PublicLibrary System. It is well-organized,air conditioned and open Saturday andSunday from 9am to 2 pm.
The Friends’ Book Depot hasadded several free standing shelves toreplace some of the tables. Photos ofthe new set up can be seen at http://friendsbookdepot.com/. Directions tothe depot can be found on the website.
Book donations are welcome atall branch libraries and the Friends’Book Depot on Sat/Sun (9am – 2pm)and on/Wed. (9:30 am – 12pm).
11
THE SIDE BAR- SEPTEMBER 2007
FEDERALIST SOCIETY CELEBRATES 25TH ANNIVERSARYAlan Orantes Forst
The Federalist Society for Law and Public Policy was founded in the early 1980s by law studentsfrustrated with what the Society’s founders perceived to be the liberal/socialist point of view disseminatedat the major law schools. The Society maintains that it is “committed to the principles that the state existsto preserve freedom, that the separation of governmental powers is central to our Constitution, and that itis emphatically the province and duty of the judiciary to say what the law is, not what it should be.”
This year’s Federalist Society National Lawyers Convention will be held November 15-17 inWashington, D.C. and will feature a who’s who of conservative and libertarian legal scholars andpractitioners. It is the 25th anniversary of the first Federalist Society event, a national student symposiumat Yale Law School in 1982. Several of the speakers and attendees at that event will be at this year’sconvention, including former faculty advisors Robert Bork and Antonin Scalia. Joining Justice Scalia inNovember will be Justices Alito and Thomas, as well as Chief Justice Roberts, who will give the seventhannual Barbara Olson Memorial Lecture. Barbara Olson was an author and attorney, married to SolicitorGeneral Ted Olson. She died on the plane that was crashed into the Pentagon on September 11, 2001.The theme for this year’s convention is “Shining City Upon a Hill: American Exceptionalism.” There will bea black tie anniversary gala, with the main speaker rumored to be President Bush. Other speakers at thisyear’s convention include former Attorney General Meese, Federal Judges Easterbrook, Kozinski,Reinhardt, McConnell and Rader, as well as Clinton Administration Deputy Attorney General Jamie Gorelick,ACLU President Nadine Strossen, and former Solicitor Generals Fried and Olson.
Darren Steele and Pam Roebuck have joined me in attending the Federalist Society’s annualconventions, which are packed with panel discussions and lectures on pertinent legal issues which impactpublic policy. The panels are generally balanced; in fact, ACLU President Strossen is one of the mostfrequent panelists over the years. I became involved in the Federalist Society while in law school, when Iwas picked to chair the fourth annual national student symposium at Georgetown Law School. In additionto Reagan appointees Scalia and Bork, we had Carter judicial appointees Ruth Bader Ginsburg andNathaniel Jones.
I enjoy the national conferences as an opportunity to take a break from focusing on a particularcase or legal issue and instead hear discussions of more general and jurisprudential legal issues, bothbroad and practice-specific. Among this year’s panel topics are: Beacon of Freedom: Does AmericaHave a Special Mission?; American Exceptionalism, the War on Terror, and the Rule of Law in the IslamicWorld; Immigration, Amnesty and the Rule of Law; Is the U.S. Legal Regime Undermining AmericanCompetitiveness?; The Independence ofFederal Prosecutors; Restricting ParentalSpeech; Is Overlawyering OvertakingDemocracy?; The Role of Religion inPublic Debate; and The Regulatory Stateand American Technology. Theconference is also a tremendousopportunity to rub elbows with judges,public policy wonks and similar-mindedattorneys.
Information regarding the FederalistSociety and the National Conference
can be found at www.fed-soc.org
12
THE SIDE BAR - SEPTEMBER 2007
HONORABLE MENTIONby Deborah Beard
Continued On Next Page . . .
JUDGE GARY SWEET. Given the chance to reflect on our lives, and sometimeswonder how we ended up living where we live and doing the work we do, we realize that theexplanations are not always clear or totally anticipated. Judge Gary Sweet might say thesame thing when he considers that he was born in Mexico City, lived in West Texas, lived inHavana, Cuba immediately after the Cuban revolution, lived in Miami, Florida and now lives inStuart, Florida. Part of the explanation might well be that Gary’s father who was an attorney,served as an FBI agent and as a special attaché for the United States diplomatic corps.
Gary, and his older brother, Michael, who is a pulmonary physician in Stuart, Florida,were both born in Mexico, and as young children, spoke fluent Spanish. Although Gary andMichael still speak some Spanish, their older sister obtained a PhD in Spanish and teacheshigh school Spanish in North Carolina. Gary remembers Mexico as a beautiful country withimpressive mountains and comfortable weather, but all of that changed for the Sweet family
when his dad was transferred.
After the move from Mexico, the family lived in West Texas for a short time but were soon transferred toHavana, Cuba. While Gary was only in the third grade, he remembers that it was the time Fidel Castro was building hispower and a certain palatable tenseness was developing. Although the Sweet family enjoyed the beautiful beachesand countryside, Gary also remembers seeing many jeeps driving through Havana by heavily armed men wearinggreen military fatigues. Any sense of tranquility or peace that Gary’s family might have been feeling, ended abruptly.Late one night, Gary’s father was arrested. He had been meeting with an informant and was given 24 hours to get outof the country. The rest of the family was given 48 hours to leave. Fortunately, diplomatic relations with America hadnot yet been severed, and air transportation was available for the quick exodus. The family flew to Miami where theywere reunited with Gary’s father and where the family remained until Gary’s dad retired.
Life in Miami was much calmer and safer than it had been in Cuba. Gary lived in North Miami Beach andattended Pace High School, where he excelled in baseball and basketball. During his senior year, Gary led DadeCounty in scoring, averaging 28 points a game. The early ‘60’s and the ‘70’s were a gentle time for Miami as it was stilla small, friendly city but much of that changed in the ‘80’s with the Columbian drug wars and the Mariel boat lift. By thetime Gary graduated from high school in 1969, it was the height of the Vietnam War and although he really was unsurewhich career direction he wanted to take, he knew that he wanted to go to college and keep all of his options open.Gary returned to Texas to attend the University of Texas in Austin where he received his degree in 1973. Even thoughGary has traveled extensively and seen a lot of the world, Austin remains one of his favorite cities to visit. Maybe partof his feelings about Austin are because he met his future wife, Liz who was then attending the same University. Garyplayed freshman basketball but without the same success he had playing in high school. To quote Gary on hischances of playing major college basketball: “I might have been short but at least I was slow!”
Gary’s college major was in journalism and he originally wanted to write for magazines and newspapers.When he and Liz graduated, they moved to Ocala, Florida where Gary had been offered a job on the local newspaperfocusing on local government. They then moved to Fort Lauderdale where Gary worked for the Ft. Lauderdale news alsocovering local government. When he was transferred to cover courthouse news, he met Phil Shailer, the then StateAttorney who soon hired Gary as his Administrative Assistant. It turned out to be a plum job wherein Gary was able tonot only use his journalism skills in drafting and preparing public relations releases but also to attend court hearings,which helped him to decide to go to law school.
Gary attended and graduated from Nova Law School in 1978. During the years of law school, Liz who had beenemployed as an elementary school speech therapist, took a job with National Airlines (later became Pan Am Airlines)where she worked as a flight attendant on the White House press charters. In this exciting job, Liz met many well-known people including President Ronald Reagan, Sam Donaldson, Leslie Stahl and Larry Speaks. She also traveledaround the world to China, Japan, Korea, Iceland, Normandy Beach and many of the Economic Summits.
13
THE SIDE BAR- SEPTEMBER 2007Continued From Previous Page . . .
Their son, Eric, was born during this time and their daughter, Lauren was born a few years later. As a dad, Garyenjoyed coaching Eric’s little league team and attending the games once Eric began playing baseball for his high schoolteam. He also went to Indian Princess trips with Lauren and enjoyed helping her with her major project: raising steers! Forsix years, Lauren raised a steer from a calf, and then would show and sell them at the Martin County Fair. Eric, whograduated from University of Florida’s Rinker School of Building and Construction now lives in Washington, DC, andLauren is in her junior year at University of Florida majoring in Environmental Sciences.
After law school, Gary held a Federal Clerkship with U.S. District Judge Norman Roettger in Ft. Lauderdale whichpermitted him again to attend trials and court hearings, which were primarily drug and criminal actions. After two years,he affiliated with a small firm in Miami and after another couple of years, the Sweet family moved to Stuart, Florida whereGary began practicing law as a commercial litigator with the Warner, Fox, Seeley and Dungey law firm, where he laterbecame a partner. With tremendous encouragement of his legal associates, family and friends, Gary decided to run forjudge in 2004. He won the election and has been sitting as a Circuit Judge in the Criminal Division in St. Lucie Countysince January, 2005. Gary has found his perfect niche wherein he can use his educational and aspirational skills andinterests, by hearing criminal cases, and managing litigation. He still enjoys using his journalistic skills in writing ordersand judgments, and feels his background and travel experiences add perspective and maturity to his decisions. Once inawhile, he even still has time to shoot some hoops and to help Liz care for their three Jack Russell Terrier puppies,affectionately referred to as the Jack Rotten Terrorists!
Jeff Thomas and his family have lived in Martin County for21 years. They have been known for helping folks,especially couples in marital distress, devoting much oftheir time to restoring marriages, home groups, andcounseling youth on relationships.
They have been involved in the outreach “Turning Point”dedicated to helping middle school and high school studentsnationwide. Jeff and Mary were also debate coaches throughthe Florida Home School League, winning state and nationalawards. Both Jeff and Mary have served the localcommunity as attorneys for over 20 years. They have ason 21, and daughter 17 who are actively involved in youthleadership as well as the performing arts.
In May of 2005, Jeff Thomas began to experiencedebilitating vertigo with a constant sensation of dizzinessand nausea. Jeff has not stopped spinning for over 2 years,and is unable to work, drive, read, walk normally, shop, orwatch a movie. Diagnosed initially as Meniere’s diseaseand distibular disorder, he received drug treatments, whichrendered Jeff completely deaf in his right ear. Tests continueto be done, as Doctors searched for the root of the problem.Jeff is on oxygen 24-7, with more tests now required, dueto recent black-outs. He is also in therapy for a recentshoulder surgery twice per week. On top of all that theyface, Jeff’s health insurance through COBRA expired onJuly 31st 2007, and they denied a disability extension. Marystays home with Jeff to take care of all the needs, doctor’svisits, and has been unable to re-enter the work force.
Peter Gianino, a local attorney, initially contacted TreasureCoast attorneys to raise funds for Jeff, funding a trip toJohns Hopkins, in Baltimore Maryland. The shoulder
surgery was also paid for by generous contributions,mostly through attorneys who gave the price of at leastone hour of their time. Others began to step in to help.Dr. Peter Dayton and John Sherrard have continued toput the word out, while funds are being received andgiven directly to Jeff Thomas through Open HeavensCenters. OHC Pastor Lynne Barletta and herministerial staff visit the Thomas family on a regularbasis for prayer, help and encouragement.
There are new challenges ahead for this family, andfunds are needed. One hundred percent of all donationswill be given directly to Jeff Thomas for medicalexpenses and immediate needs. What a refreshingreminder of how attorneys really do have a heart, andhave graciously stepped up to the plate for colleaguein need!
All donations are tax deductible through the 501c3 ofOpen Heavens CentersChecks can be made payable to:OHC / Jeff Thomas Fund2213 SW Dove Canyon WayPalm City, FL 34990
A FUND FROM THE HEART FOR JEFF THOMAS
14
THE SIDE BAR - SEPTEMBER 2007
ABOUT THE 19TH JUDICIAL CIRCUIT
GRIEVANCE COMMITTEE “A”Richard Levenstein
I have the honor of serving as Vice-Chairman ofthe 19th Judicial Circuit Grievance Committee “A”, aGrievance Committee which is one of two suchCommittees which address complaints brought againstattorneys pursuant to the Rules of the Florida Bar withinthe 19th Judicial Circuit. Our Committee is composed ofnine (9) members, six (6) of whom are attorneys fromthe 19th Judicial Circuit, and three (3) of whom are laymembers. The six (6) attorney members of ourCommittee are myself, Bob Burson who serves asChairperson of the Committee, Carol Waxler-Scott,Richard Seymour, David Lustgarten, and Shaun Plymale.Our lay members of the Committee are Gregory Nuttall,Nicki Schoonover, and Christine Friedman. Sheila Tuma,Esquire of the Florida Bar serves as our Committee’sbar counsel, and Dave Callan serves as our Committee’sstaff investigator.
Our Committee meets once a month to reviewcomplaints brought against attorneys pursuant to theRules of the Florida Bar, and investigates thosecomplaints and ultimately makes recommendations asto whether or not there is probable cause for furtherproceedings with respect to those complaints, or if thosecomplaints can be resolved in some other fashion shortof a finding of probable cause and further disciplinaryproceedings by the Florida Bar. Many complaintsbrought against attorneys are dismissed by bar counselprior to ever reaching the Committee level, because thecomplaints on their face simply do not state actionablealleged violations of Bar Rules.
Last June, our Committee, in conjunction withGulfstream Business Bank, presented a seminar on howto avoid grievances. Lunch was provided by GulfstreamBusiness Bank at Renato’s Restaurant in Sewalls Point,and Sheila Tuma, our Bar counsel, made a presentationand provided tips on how to avoid Bar grievances. Overeighty (80) people attended the seminar, and CLE creditwas given for those attending. We are hopeful that SheilaTuma will give a similar presentation at one of the MartinCounty Bar Association luncheons this year, and we arealso hopeful that Gulfstream Business Bank will againsponsor a separate lunch presentation at which Ms.Tuma will also speak. We hope that these presentationsby Bar counsel on how to avoid grievances will becomeannual events, and a tradition for our Committee.
Our Committee sees our role not only as thetraditional one of investigating and reviewing complaintsthat are brought before us, but also to become and stayinvolved in the continuing education of members of ourBar with regard to the grievance procedure; how to avoidbeing a participant in the grievance procedure; and
keeping members of our Bar informed as to the work of theCommittee and its members. From a personal point of view, servingon the Grievance Committee has been an educational experiencefor me, in light of the multiple issues that have come before ourCommittee as a result of the complaints we have investigatedand reviewed, most of which could have been avoided easily byeither better communication between attorney and client; andperhaps even more commonly, the resolution of minor financialissues which would have avoided the grievance having been filedin the first place. Both Bob Burson and I are available to answerany questions or concerns any members of our Bar might havewith regard to how the grievance procedure works and in particularhow our Committee operates, and hope that the informationfurnished in this article has answered some questions that someof you might have had with regard to how a local GrievanceCommittee operates, and the make up and identity of thatCommittee.
Our goal is to reduce the amount of grievances broughtagainst our members, which will improve the quality of the practiceof law, and the public image of our profession. I believe this willbe the goal of our Committee on a long-term basis, and we arecommitted to its achievement.
September 3Labor Day (Courthouse Closed)
September 6Litigation Committee Lunch (Noon)
September 7Committee Chair Breakfast (8:00am)
September 7F. Shields McManus’ Investiture (4:00pm)
September 11MCBA Officers’ Meeting@TBD (Noon)
September 13Committee Chairs’ Updates to Webpages Due
September 17-20Constitution Week
September 19 Inns of Court Meeting (5:30pm)
September 21Constitution Week MCBA Monthly Luncheon
(Pictures will be Taken)
September 28Committee Chairs’ Updates to Webpages Due
SEPTEMBER CALENDAR
15
THE SIDE BAR- SEPTEMBER 2007
THE SOCIAL COMMITTEEShaun Plymale and Erica J. Lester, CommitteeCo-Chairs
We are planning our First Happy Hour totake place on Thursday, Oct. 4, 2007 at 5:30 p.m.,location to be determined. Additional informationregarding this event will be published next month.
In addition to the Happy Hour and theinvestiture, the Social Committee is planning otherevents to take place throughout the year. If youare interested in helping us plan these wonderfulevents and becoming a member of the SocialCommittee, please contact Shaun Plymale (772-287-2600) or Erica Lester (772-221-7757).
MCBA 2007- 08 Committees Are StillForming – Consider Joining Now!
Public ImageConstitution Week, Golf, Pro Bono, Professionalism, JusticeTeaching & Scholarship.
Bar RelatedAttorney Directory, Judicial Relations, Library, Long RangePlanning, Newsletter, Social, Solo & Small Firm & YoungLawyers
PracticeBankruptcy Law, Criminal Law, Employment/Labor Law,Elder Law/Probate/Guardianship/Estate Planning, FamilyLaw & Dependency, Federal Practice, Immigration, Probate& Trust Litigation, Real Estate & Trial Law
Indicate committee interest on your registration form or email:[email protected]
with your name & committee interests.
MCBA WEBSITE IS NEW & IMPROVED
The MCBA is pleased to announce that the website is nowbeing managed by Graphics and Media Solutions.
Updates will be done bi-monthly. Contact Michelle Katzmanat 772-220-8018 or [email protected] tosubmit content or with any website questions.
REQUEST FOR PHOTOS
We are looking to fill our Photo Gallery! If you have anyphotos taken at any MCBA past event or if you take them atfuture events, please forward via email to:[email protected].
ORDINANCE ADOPTIONS FROM THE MARTIN
COUNTY BOARD OF COUNTY COMMISSIONERS
Please visit www.martin.fl.us then click on “Martin CountyCodes” for an updated list of approved ordinances.
OFFICE ADMINISTRATOR/OFFICE
MANAGER’SMONTHLY MEETING
If you are the Office Administrator orOffice Manager of a law firm in the Stuartarea (from West Palm Beach to VeroBeach) we invite you to join our group. Forthe last eight years a core group of OfficeAdministrators and Office Managers havebeen meeting to network, exchange ideasand information regarding vendors,benefits, policies, procedures, etc.
We meet once a month at theoffices of Crary, Buchanan for lunch and anexchange of ideas and the support andcamaraderie of other managers in areafirms. If you are interested in attending ournext meeting, please contact Jim Menendezat 287-2600 for more information.
INTERESTED IN ADVERTISING OR
SPONSORING A MCBA EVENT?
Call Michelle Katzman at 772-288-6245or visit our website at
www.martincountybar.orgfor more information.
MARTIN COUNTY BAR ASSOCIATIONPO BOX 2197STUART, FL 34995-2197
There is no charge for MCBA members; guests arewelcome to attend for the $25 each (to be paid at
the luncheon). RSVP required.
* If you require a specialty meal, please notifyMichelle Katzman when you RSVP.
MARK YOUR CALENDARS FOR
UPCOMING MCBA EVENTSSEPTEMBER LUNCHEON
When:Where:
Menu*:
Program:
Friday, September 21, 2007 at 11:45amMonarch Country Club1801 SW Monarch Club Drive in Palm CityPetite Gorgonzola Salad, Yankee PotRoast, Chocolate Beast CakeCelebration of Constitution Week
See inside for details on theabove noted events.
Please check the MCBA websitewww.martincountybar.org
for updated informationbetween issuesof The SideBar.
