PERRY, VLOEDMAN & BRADY Attorneys at Law The Meridien Centre

2790 NW 43rd Street, Suite 200 Gainesville, FL 32606 Phone: (352) 373-4141 Fax: (352) 372-0770 Website: www.pvblawyers.com

Patrick H. Perry Board Certified Gvil Trial Lawyer Certified Circuit Civil Mediator

D. Andrew Vloedman Raymond F. Brady

Certified Circuit Civil Mediator

February 3, 2015

Honorable Robert E. Roundtree, Chief Judge Alachua County Courthouse 201 E. University Avenue, Room 415 Gainesville, FL 32601

Re: 2014 Annual Professionalism Circuit Committee Report

Dear Chief Judge Roundtree:

Following is the annual report of the Eighth Judicial Circuit Professionalism Committee. A listing of the members of our Professionalism Committee is attached for the information of The Florida Bar. A summary of the professionalism projects and activities for lawyers and judges within the 81h Judicial Circuit during the past year is as follows:

The Local Professionalism Panel (written by Raymond F. Brady, Chairman):

In January of 2014, in accordance with the Supreme Court of Florida Opinion SC13-688, Chief Judge Robert E. Roundtree, Jr., entered Administrative Order No. 1 0.02, of the 81h Judicial Circuit, which establishes a Local Professionalism Panel ("the Panel"), and sets forth procedures for the Panel to resolve complaints of unprofessional conduct. A copy of Administrative Order No. 10.02 is attached. Also attached is a listing of the current members of the Panel.

The existence and purpose of the Panel has been promoted to attorneys practicing in the 81h Judicial Circuit through announcements at circuit Bar functions, and through the Newsletter of the Eighth Judicial Circuit Bar Association. So far, the Panel has successfully resolved and closed 3-4 professionalism complaints.

http:www.pvblawyers.com

The Judicial Mentoring Program (written by the Honorable Robert E. Roundtree, Chief Judge):

For more than 20 years, the Judicial Mentoring Program has successfully mentored new judges. The program has formal mentoring for one year and continues informally afterwards. We maintain a roster of experienced judges qualified to serve as Mentor Judges in county and circuit court.

The Florida Supreme Court requires appointment of a mentor Judge immediately after the announcement of a Governor's appointment or a judge's election to the bench. Mentor Judges have been appointed for the new county judges. The Eighth Circuit has been proactive in training our new judges.

Our mentoring program has been successful in helping new judges transition from law practice to their new roles a Judge. The feedback received from mentors and the new judges is overwhelmingly positive. We routinely have newer judges volunteering for mentoring training because the found the experience so rewarding. We are very pleased with the success of our mentoring program.

Activities of the James C. Adkins Chapter of the American Inns of Court (written py Nick G. Zissfmopulos, President):

During the late 1970's, Chief Justice Warren Burger was a driving force of a movement to promote legal ethics and professionalism through professional associations modeled after the barrister inns of court in London. This in turn led to the creation of the America Inns of Court, and later the James C. Adkins Chapter which serves the Eighth and Third Judicial Circuit. The membership ranges from law school students ("Pupils"), newer attorneys ("Associates"), attorneys with at least five years of experience ("Barristers"), judges and attorneys of significant experience ("Masters"), and Emeritus members. The current membership consists of circuit and county judges, law school students and faculty, and both public sector and private attorneys. An extremely wide range of practice areas are represented. The membership is divided into eight groups, all of which are designed to have a balance of newer and more experienced members so to promote mentoring.

The centerpiece of the Inn year are the monthly meetings held in September, October, January, February, March, April, and May. Each meeting begins with a social hour and dinner, and then moves on to a presentation produced by one of the member groups. These presentations have an established history of being approved by the Florida Bar for C.L.E. and certification credit. Almost all of the presentations at least touch upon ethics and professionalism issues. Some of the programs are focused completely on such issues. In the past, the groups have used panel discussions, skits, lecture series, and game show formats to present their subject matter. At some meetings, members are given dinner questions and asked to discuss topics in small groups. At a recent meeting, the Executive Board of the Inn joined with all of the law

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school Pupils and presented various aspects of a trial through Hollywood movie clips. This provided a variety of opportunities for members to discuss legal, ethical and professionalism topics.

It is our desire that the Inn will allow for continued mentoring and education. We strive to improve professionalism by giving students, attorneys and judges an opportunity to interact in a setting that is more relaxed than a courtroom. The Inn is also focused on raising the Bar's image with non-attorneys. This year we joined with our colleges in the Gerald T. Bennett Inn to host a holiday social hour in December. At this event, the members of the two local Inns collected more than 100 holiday toys to donate to less fortunate children in the area through a local advocacy group. We occasionally invite guests and speakers from the area to come to our meetings. For instance, at our meeting in September of 2013, our members had an opportunity to interact with undergraduate students from the University of Florida's Gator Marching Band.

In the future our Inn will stay dedicated to promoting professionalism among Bar members and in the local community.

Activities of the Gerald T. Bennett Chapter of the American Inns of Court (written by the Honorable Monica Brasington, President):

This year, the Board voted to continue the Inn's focus on professionalism, while also placing more emphasis on mentoring law students and less experienced attorneys on various legal issues, including the importance of, and need for, professionalism.

Our orientation meeting/dinner for new members was held at retired Judge Chester B. Chance's home this Fall. The meeting brought attorneys, judges, and law students together to educate new members on the history of the American Inns of Court and the Gerald T. Benett Inn and to emphasize the mission of the Inn, which is to provide an opportunity for members to actively participate in developing a deeper sense of professionalism.

At the first official meeting, the Inn's members participated in "Speed Mentoring" (similar in set up to "Speed Dating"), in which small groups rotated around the room to meet with small panels of judges and attorneys who provided valuable tips and answered thoughtful questions on such topic areas as: courtroom dec6rum, interactions with opposing counsel, and integrity and professionalism in the practice of law.

At a joint event in November, the Gerald T. Bennett Inn of Court partnered with the James C. Adkins, Jr., Inn of Court to participate in the "Amazelnn Race" -a scavenger hunt-type race, in which judges, lawyers and students were placed into teams (organizers focusing on creating teams that were diverse in age, in Inn membership, in practice area and technological abilities) that raced to solve riddles and perform challenges (such as reciting a portion of the Bill of Rights, completing a legal "word·search" challenge, and singing, as a group, a song related to the law or the legal

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system) through various locations throughout downtown. The entry fee from each participant was an unwrapped toy/book; these items were donated to the local bar association and provided to underprivileged children for the holidays. The event focused on creating camaraderie between the Inns and on encouraging a continued level of professionalism for all members of the legal profession while at work and at play, both in and out of the courtroom.

Throughout the year, attorney members are required to provide mentoring opportunities to every law student in the Inn each month and to report back on the mentoring experience at the next meeting. Mentoring opportunities have included discussions over lunch as well as opportunities to observe court proceedings, client meetings, mediations, and negotiations. The Gerald T. Bennett Inn is committed, as an association, to fostering continued professionalism in our attorney and judicial members and to teaching professionalism to law students by example and through mentoring opportunities.

Activities of the 8th Circuit Office of the State Attorney (written by State Attorney Bill Cervone):

As you know, several years ago my office and the office of Public Defender Stacy Scott decided that joint training sessions including all of the staff attorneys from both of our offices would not just facilitate education but also would contribute to better direct relationships between our attorneys. It is our belief that those relationships can go a long ways towards fostering professionalism and ethical conduct between the lawyers on competing sides of a case. In 2014, we continued this process with a joint training session held on January 31st at the Criminal Justice Center. The topics provided ·during the training covered a variety of community resources available for both pre-trial and sentencing purposes. These included information about therapeutic and forensic court programs such as Drug Court and Mental Health Court, and also touched on Veterans Court, a new endeavor for our circuit. Other presentations to our attorneys focused on community resources such as those made available through the Meridian Community Mental Health Center. Ms. Scott and I both believe that discussing these programs and options with both of our staffs encourages attorneys on both sides to have a better awareness of both the programs themselves and the perspectives each side has on them.

In addition to this joint session, my office continues to provide internal training during the course of the year. All of my Assistants are required to attend absent some valid reason to be excused, such as a conflicting court appearance. While most of the topics focus on specific legal issues, many of the sessions also provide an opportunity to discuss professional conduct. For example, our May 2014 training included presentations from representatives of the Department of Children and Families and Shands Hospital that touched on best practices for productive relationships between our agencies.

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Finally, I have developed a packet of material that I now provide to all new Assistant State Attorneys as they start their employment with my office. These materials include information such as articles from the National District Attorneys Association specifically addressing the responsibilities of prosecutors, retrospective comments from experienced prosecutors as to ethical considerations, and materials I have prepared myself. I am currently working with my Victim Services Director to include input from victims, both positive and negative, as to their experience in the criminal justice system. My goal with this is to expose new prosecutors to as many different perspectives as possible concerning the importance of their dealings with different individuals.

It is my continuing goal to make certain that my staff is educated as to ethical and professional responsibilities and sensitive to the way their interactions with not just other lawyers and the courts but also with the general public can affect community perceptions about the Bar in general. As we continue to do this in 2015 and the future I believe that we can make significant changes in many of the negative perceptions that draw a disproportionate negative attention to our profession.

Activities of sth Circuit Office of the Public Defender (written by Public Defender Stacy Scott):

The Office of the Public Defender for the 8th Judicial Circuit is the largest criminal defense firm in the area, employing 36 attorneys and 32 support staff, and is led by Public Defender Stacy A. Scott. Ms. Scott has a strong commitment to the highest standards of professionalism and ethics in the practice of law. Ms. Scott has participated in the regulation of lawyer conduct in the sth Circuit as a former member and Chair of the Grievance Committee, 88. Additionally, Ms. Scott served on the Florida Bar's Hawkins Commission on Ethics. The Office of the Public Defender has a regular in house training schedule for all attorneys and support staff in the office. The attorney trainings encompass both substantive and ethical components, and are frequently approved for CLE credit by the Bar. Assistant Public Defenders and support staff also regularly attend statewide training conferences sponsored by the Florida Public Defender's Association. In 2013, the Public Defender's Office and the State Attorney's Office for the sth Circuit began an annual training partnership aimed at fostering professionalism and increasing understanding of the challenges each office faces in fulfilling their respective duties in the criminal justice system. The joint training has been a huge success and has been well-attended by both offices and the judiciary. The 2015 training is scheduled for January 30, 2015 and has been approved for CLE credit. This year's topic relates to substance abuse and mental health issues within the legal community and will be presented by Michael Cohen of the Florida Lawyers Assistance Program. Additionally, the Public Defender's Office has an in-house attorney mentoring program for new attorneys and for attorneys transitioning from the misdemeanor to the felony division. This program is designed to aid attorneys in the development of their knowledge, skills, and professionalism by partnering less experienced attorneys with more senior attorneys. The Office of the Public Defender,

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81h Circuit, continues to strive to improve the skills, professionalism and civility of our

attorneys.

Activities of the Eighth Judicial Circuit Bar Association (written by Raymond F.

Brady, Co-Chairman of the EJCBA Professionalism Committee):

The EJCBA Professionalism Committee was comprised in 2014 of myself, Co-Chairman Philip N. Kabler, Esq., Dawn Vallejos-Nichols, Monica Perez-McMillan, and Meshon Rawls. The EJCBA works with the other legal organizations that are active throughout the 81h Judicial Circuit, to foster the education and promotion of professionalism and ethics in the practice of law. In 2014, the EJCBA again co-sponsored the annual Professionalism Seminar with the U.F. Levin College of Law. This Seminar is typically attended by 200-300 local judges and lawyers, and law professors and students from the U.F. Levin College of Law. A keynote speech on professionalism issues is presented, which is followed by breakout small group discussions. Attached to this letter, for your information, is a copy of the agenda for the 2014 Professionalism Seminar. The EJCBA also continues to work closely with the Eighth Judicial Circuit Law Student Association to implement its mentoring program in the 81h Circuit. Furthermore, the EJCBA Professionalism Committee also again this year selected a recipient to receive the prestigious James L. Tomlinson Professionalism Award. This award is presented at the EJCBA's Annual Dinner to an attorney who exemplifies the highest ideals of professionalism, ethics, and competence in the practice of law. The Award was presented by the EJCBA in 2014 to William P. Cervone, who has served as the State Attorney for the Eighth Judicial Circuit since the year 2000. A copy of the nomination of Mr. Cervone for the Award is attached for your reference.

Activities of the Young Lawyers' Division CYLD) of the sth Judicial Circuit (written gy Courtney Johnson, President of the ath Judicial Circuit's YLD):

The Young Lawyers' Division (''YLD") of the Eighth Judicial Circuit offers it members networking opportunities to build camaraderie among the young lawyers in our circuit, and to strength and develop professional contacts among peers. YLD membership is available to all lawyers under 36 years of age and/or those lawyers who have been in practice for fewer than five years. YLD has continued the tradition of our monthly Judicial Luncheons to encourage relationships between young lawyers and our judiciary outside of the courtroom. YLD also offers a social component to members with our monthly happy hours allowing members to share experiences and exchange practice tips. YLD has a listserve that allows its members to share information on issues of concern to YLD members and offer referrals to fellow young lawyers. YLD members have continued to be involved with the mentoring program offered through the YLD Law Student Division Mentoring Program. The YLD intends to finish the year with a mentoring event including mentors and mentees of the YLD.

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Activities of the Gainesville Chapter of the Florida Association of Criminal Defense Lawyers (written by Ben Hutson. President of Gainesville Chapter):

The Florida Association of Criminal Defense lawyers (FACDL) is a not-for-profit organization formed exclusively for charitable, scientific and educational purposes. The Eighth Circuit Chapter meets for lunch on a monthly basis, and invites judges assigned to the criminal bench (both circuit and county), as well as local elected officials, such as the State Attorney and Sheriff, to attend on a regular basis. Our meetings provide a forum for practitioners of criminal defense in our circuit to discuss current topics and engage in fellowship. Our local chapter has a listserve that allows our members to share information and ask others for assistance (both in covering court cases, and with legal issues that may arise). In both the lunch and listserve settings, issues of ethics and professionalism frequently arise, and are thoughtfully discussed among the membership.

Activities of Carl B. Schwait. Board of Governor's Representative for the sth Judicial Circuit, The Florida Bar:

My work is primarily for the entire Florida Bar, as opposed to only the 8th Judicial Circuit or our local Bar Association. Nonetheless, I thought it would be useful for you to have a list of the professionalism projects and activities that I worked on in 2014:

1. Under the Florida Bar Presidents in 2014, I continued to serve as chair of the Board Review Committee on Professionalism and Advertising. Therefore, I oversaw all public hearings and debates both in committee and before the Board of Governors on issues involving ethics, professionalism and advertising.

2. I continue to report to the members of the Eighth Circuit Judicial Bar Association on issues of ethics and professionalism, through my articles in our local Bar Newsletter and through my appearances at our local Bar Association lunches.

3. I serve on numerous professionalism committees locally, including the 81h Circuit Professionalism Committee, and the 81h Circuit's Local Professionalism Panel.

Activities of the Federal Bar Association, North Central Florida Chapter (written by Ron Kozlowski, President of the Chapter):

The North Central Florida Chapter of the FBA, based within the 8th Judicial Circuit but serving members in surrounding circuits as well, concentrates on bench/bar relations and integrating students and younger lawyers into the legal community. The Chapter's programming includes informal meetings among federal judges, lawyers, and students,

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along with more formal programs designed to bring the groups together and foster communication that enhances professionalism across the spectrum. Although the Federal Bar Association focuses on federal practitioners, most in this relatively small legal community practice in state courts regularly as well.

In April 2014, the organization conducted its signature event for the year, bringing together federal judges, Bar leaders, and law firm executives, to discuss the evolving role of women in the law. The roundtable brought together state and federal practitioners in a thought-provoking debate.

In 2014 and moving into 2015, this local chapter of the association conducted "brown bag" lunches held in the chambers of federal judges, giving lawyers the opportunity to interact with the judges in an informal setting. The chamber conversations typically focus on issues of professionalism within the courtroom and how the lawyers can improve both in and out of court. The Chapter also sponsors similar programs for law students through our student division, often giving students at the University of Florida Levin College of Law their first exposure to the federal system. More formally, we have hosted a slate of new judges in welcoming them to the bench and getting them together to both speak to and socialize with more than 100 members of the local Bar. In 2015, the Chapter, along with the ath Judicial Circuit Bar Association, will conduct a another roundtable discussion as a follow-up to the Women in the Law program, featuring prominent speakers and judges from throughout the state. This year the program will focus on diversity and the challenges facing law firms and courts in that area. This Chapter is proud to both conduct and participate.

Activities of the University of Florida Levin College of Law (written by George Dawson. Interim Dean of the U.F. Levin College of Law):

The following summary of professionalism activities conducted by the University of Florida Levin College of Law in 2014 was prepared for inclusion in the Annual Circuit Committee Professionalism Report. Initiatives included:

1) Professionalism Week- The law school conducted the fourth annual "Professionalism Week." Events featured forums that enabled members of the legal community to share advice with students regarding the professional expectations of the legal profession.

2) Joe Milton "Civility Matters" Luncheon- This inaugural event brought together lawyers and judges for a discussion on the importance of acting with

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professionalism, especially when confronting challenging circumstances. Panelists provided advice (from the judicial and the practitioner perspectives) to students on how to handle specific situations with civility and how to maintain a professional reputation.

3) Mentoring Programs- The law school hosts an alumni mentoring program that connects students and practitioners to further professionalism. Additionally, student organizations partnered with the law school to actively create, promote, and participate in a broad spectrum of mentoring programs. Examples include participation in the Young Lawyer Division of The Florida Bar Mentoring Program, the Minority Mentoring Picnic, and a mentoring program in partnership with the Hispanic National Bar Association. The law school developed an "Office Hours" program which enables law students to sign up for one on one/small group meetings with lawyers and judges who share professional guidance.

4) Local Professional Group Collaborations- UF Law collaborated with the Eighth Judicial Circuit Bar Association, the Josiah T. Walls Bar Association, and the North Central Florida Chapter of the Federal Bar Association to organize, host, and co-sponsor professionalism programs. Examples include encouraging students to become active members of the local bar and participate in the Professional Symposium, monthly luncheons, and events throughout the year. The law school also had student members who actively participated in two Inns of Court within the circuit.

5) Introduction to Lawyering- This required first-year course featured materials, lectures, and speakers on, among other things, professionalism-related topics. At least one-third of the course was devoted to these topics. The speakers included lawyers, judges, and leaders of The Florida Bar.

6) Joe Little Pro Bono Endowment- An anonymous gift has established an endowment that supports law student activities in pro bono legal work. Income from the Fund has been used to defray out-of·pocket expenses of law students engaged in pro bono activities under the supervision of members of the bar. The

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endowment is not limited to supporting activities in the Eighth Judicial Circuit but some of the activities supported through this fund have been in the Circuit.

7) Community Service and Pro Bono- Law students are encouraged to participate in community service and bono work. Each incoming class is required to participate in a community service project as part of their orientation. The experience has grown into the student body organizing on-going community service projects throughout the year.

8) Professional Development Fund- This fund was established to reimburse law students for expenses associated with participation in off campus professional activities. Law students utilized this fund to attend conferences, bar events, job fairs, and CLE programs. These funds are available to assist law students "going out into the profession" and engaging in activities to help them reach their professional goals.

9) Introduction to Law School and the Profession- This is the orientation program that all incoming law students participate in and learn that their professional career begins as soon as they are law students, not graduates. A program titled "Professionalism in the Law School Community & the Profession" was delivered for the benefit of every first-year student.

10)Law and Justice Conference- This partnership of UF Law student groups and professional groups led by the Josiah T. Walls Bar Association enabled law students to participate in a conference that reaches out to youth from groups underrepresented in the legal profession and hosts them for a day of activities at the law school. The goal of the event is to equip youth to become active agents for positive change in their communities. The third annual presentation of this conference is scheduled for February, 2015.

11 )UF Law NaviGators Program- The College partnered with the Honorable Paul C. Huck, Senior United States District Judge, to organize the second annual event

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at the federal courthouse in Miami that allowed current and incoming law students to meet with alumni and recruiters to get advice on how to "navigate" their professional voyage.

12)Additional Events- The law school continues to be hub for the exchange of ideas regarding the intersection of law and society. UF Law provides a dynamic range of speakers on a wide range of topics which further the advancement of professionalism and knowledge of the law. Reports on these events can be found in various college publications and on our website.

Activities of the Josiah T. Walls Bar Association. Inc. (written by Aubroncee Martin, President)

The Josiah T. Walls Bar Association ( JTWBA) is a voluntary minority bar association. Membership in the Association is open to all lawyers and judges who regularly practice in the Eighth Judicial Circuit and any dean, faculty member, or law student of the University of Florida Levin College of Law.

The Association's mission is to assist attorneys in the practice of law and to promote attorney involvement in the community, through (1) educational programming, (2) networking events, (3) mentoring programs, and (4) community outreach.Our association concentrated on three primary projects this past year in:

Restoration of Civil Rights

The Josiah T. Walls Bar Association partnered with several organizations in an effort to assist convicted felons with restoring their civil rights. JTWBA hosts community empowerment workshops 4 times per year which are geared towards: (1) educating the community about the restoration of civil rights ("RCR") process (2) exploring the effects of disenfranchisement and (3) training attorneys, law students, and other volunteers to assist convicted felons with applying to have their civil rights restored.

Minority Law Student Reception

This annual event began in 2005 and provides local judges, attorneys, legal and law students with an opportunity to get acquainted with one another. There is no formal agenda, but time is set aside to share the JTWBAs' goals for the year and for

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general introductions. It is our hope that this event will be the catalyst for establishing mentor relationships among incoming law students and members of the local bar

Law and Justice Conference

The Josiah T. Wall Bar Association the JTWBA YLD and a large contingent of students from the University of Florida Levin College of law host the Law and Justice Youth Conference. Historically the conference serves 100 middle and high school students. The purpose of the Law and Justice Youth Conference is to expose young people to legal concepts in a practical and accessible manner through small group workshops and interactive panel discussions that will take place as part of a daylong conference at the University Of Florida College Of Law. The conference focuses on three objectives: 1) to encourage students to view the law as an integral part of the lives 2) facilitate the critical examination of the roles that lawyers, judges, and law enforcement officers play in the criminal justice system and finally 3) to improve the students communication and problem solving skills. Last year's conference had a civil rights theme and feature a keynote address form Benjamin Crump the attorney for Trayvon Martin Family This year's conference will place a particular emphasis on exploring in a; the many social and legal issues raised by the grand jury proceeding in the Michael Brown and Eric Garner cases the 2015 Law Justice Conference will take place on February 7th 2015.

The members of the Josiah T Walls Bar Association are extremely proud of its public service tradition we hope to continue to be of service for many years to come.

Chief Judge Roundtree, thank you for asking me to compile this information for the Eighth Judicial Circuit Professionalism Committee. Please call me if you have any additional questions.

RFB:ml Enclosures

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IN THE EIGHTH JUDICIAL CIRCUIT OF FLORIDA

ADMINISTRATIVE ORDER NO. 10.02

LOCAL PROFESSIONALISM PANEL

In order to provide effective coordination of professionalism programs and activities

throughout the Eighth Judicial Circuit, in compliance with the Supreme Court of Florida's Opinion

No. SC13-688 entitled In Re: Code for Resolving Professionalism COmplaints, which adopted the

Code fur Resolving Professionalism Complaints and directed the Chief Judge of each circuit in

Florida to create a local professionalism panel to receive, screen and act upon complaints of

unprofessional conduct, and to resolve those complaints informally, If possible, or refer them to

The Florida Bar, if necessary; and

WHEREAS, on April 29, 1998, Chief Justice Gerald Kogan entered an Amended

Administrative Order of the Supreme Court of Florida directing the chief judge of each circuit In

Florida to establish a local bench/bar commtttee, aswell as a committee on professionalism, with

the purpose to "'enhance communication, constructive problem solvln& respect, and courtesy

between judges and lawyers, as well as to improve the administration of justice;" and

WHEREAS, on August 24, 1998, the Eighth Judicial arcuitentered Administrative Order No.

10.03, establishing the Eighth Judicial Circuit Bench/Bar Committee; and

WHEREAS, on September 7, 2011, the Eighth Judicia I Circuit entered Administrative Order

No.10.02(v1), establishing the Eighth Judicial Circuit Professionalism Cnmmlttee; and

WHEREAS, for more than fifteen (15) years, the Eighth Judicial Circuit and the E8hthJudicial

Circuit Bar Association have worked together to promote professionalism and coordinate

professionalism activities for lawyers and judges in the Eighth Judicial CJrcuJt to maintain the

highest standards ofprofessionalism, and toassist Incounseling members ofthe Barwho engage In

conduct inconsistent with the standards of professionalism;

AO 10.02 (v2) Paae1 Local Professlonalfsm Panel Effective: January 28, 2014

rr IS THEREFORE ORDERED:

1. ESTABUSHMENT OF LOCAL PROFESSIONALISM PANEL

A. The Eighth Judicial Orcuit local Professionalism Panel (Rlocal

Professionalism Panel"') is hereby created and is designated the local

Professionalism Panel, In accordance with the SUpreme Court of Florida

Opinion 503-688. The Local Professionalism Panel shall also serve as the

Eighth Judicial Circuit Bench/Bar Committee and the Eighth Judicial Circuit

Professionalism Commtttee.

B. Panel Members- The Local Professionalism Panel shall consist of not less

than nine (9) or more than thirteen (13) members, selected and appointed

from time totfme by the Chief Judge ofthe Eighth Judicial Circuit. The Chief

Judge shall strive to select members that represent a cross-section of the

O rcuit, with due consideration given to, but not limited to, diversity,

geographic location, legal practice area, reputation, and bar activities. The

Chief Judge shall appoint the Chairperson ofthe Local Professionalism Panel.

The Vice-Chairperson shall be selected by the members of the Local

Professionalism Panel. The Chief Judge shall not be a memberofthe Local

Professionalism Panel, but may preside over the Local Professionalism

Panel.

2. PURPOSE Of LOCAL PROFESSIONAUSM PANEL

The purpose of the Local Professionalism Panel Is to receive, screen, evaluate and

act upon complaints ofunprofessiona I conduct and resolve those complaints informally, if

possible, or refer the complaints to The Florida Bar, lfappropriate or necessary. The Local

Professionalism Panel may discuss the complaint, if appropriate, with the attorney

alleged to have engaged in unprofessional conduct (the "Respondent Attorney") and

address conduct Inconsistent with the Standards ofProfessionalism (which are set forth

AO 10.02 (V2} Page2

Local Professionalism Panel Effecttve: January 28, 2014

in the Oath ofAdmission to The Florida Bar~ The Florida Bar Creed of Professionalism,

The Florida Bar Ideals and Goals ofProfessionalism, the Rules Regulating The Florida Bar~

and the decisions of the Florida Supreme Court) in an informal, non-punitive and

educational manner. The local Professionalism Panel shall have no authority to discipline

any attorney or to compel any attorney to appear before it. The Local Professionalism

Panel may counsel attorneys if it determines such counseling will further the goals ofthe

Standards ofProfessionalism.

3. PROCEDURES

The Local Professionalism Panel shall generally follow these procedures:

A. Referrals from Judicial Officers or Quasi Judldal Officers

i. When any Judicial Officer or QuasiJudicial Officerwitttfn the Eighth

Judicial Circuit determJnes that an attorney has engaged fn conduct

inconsistentwith the Standards ofProfessionalism, the matter may be

referred to the local Professionalism Panel through the ChiefJudge.

fi. Process- The Chairperson ofthe Local Professionalism Panel may

send a letter on behalf of the Local Professionalism Panel to the

Respondent attorney, Inviting that attorney to meet with the local

Professionalism Panel on a date and time specified.

B. Referrals from Attomers and Non-Attorneys

i. By an Attorney - tf an attorney observes conduct on the part of

another attorney that he or she believes, Jn good faith, Is Inconsistent

with the Standards of Professionalism, the referring attorney may

request the local Professionalism Panel consider the matter by

completing the Referral Form and submitting ft to the local

Professionalism Panel's Olairperson.

AO 10.02 (v2) Page3

Local Professionalism Panel Effective: January 28, 2014

ii. Bya Non-Attomev-Ifa non-attorney person Isdirectly and adversely

affected by conduct of an attorney that is inconsistent with the

Standards ofProfessionalism, that person may request that the local

Professionalism Panel consider the matter by mmpleting the Referral

Form and submitting it to the local ProfesslonaJism PaneYs

Chairperson.

Iii. Pae Umlts far Referral frpm Att9mev and Non-Attqmey - The request shaU be limited to two (2) pages, exclusive ofexhibits.

c. Referrals from the Florida Bar's Attornev Consumer Assistance Procram (ACAP)

The local Professionalism Panel may accept referrals from the ACAP.

D. Proce5Sing Referrals from Attornevs. Non--AHomevsand ACAP

After receMng a referral from an attorney, non-attorney, or ACAP, the

Chairperson of the local ProfessionaJism Panel shall review the request and

notify the Respondent Attorney of the referral. The Chairperson may

request a response, and shall determfne if the matter justifies a referral to

the local Professionalism PaneJ. If a matter is referred to the Local

Professionalism Panel, the Chairperson of the Local Professionalism Panel

shall send a letter to the Respondent Attorney inviting the Respondent

Attorney to meet with the local Professionalism Panel on a date and time

specified.

4. GENERAL MA1TERS

A. Letters Sent by Local Professionalism Panel

Any letter sent by the Local Professionalism Panel to a Respondent Attorney

requesting that the Respondent Attorney appear before the local

Professionalism Panelshall Identify the conduct alleged to be inconsistentwith

AO 10.02 (V2) Page4 Local Professionalism Panel Effective: January 28, 2014

the Standards ofProfessionalism. The letter shall also advise the Respondent

Attorney that the Local Professionalism Panel meeting Is a non-disdpllnary

proceeding. A complete reference to the citations of the Standards of

Professionalism shall be fncluded in the letter. The Jetter shall also advise

the Respondent Attorney that if he or she falls to appear before the Local

Professionalism Panel without being excused beforehand then the Local

Professionalism Panel will proceed with its meeting and decide whether to

address the request or refer it to the ACAP for resolution.

B. Panel~eeUftiS

The Chairperson and the Local Professionalism Panel members may meet

with the Respondent Attorney at the date and time specified in the letter.

The purpose ofthe meeting is to discuss with the Respondent Attorney the

conduct alleged to be Inconsistent with the Standards af Professionalism

and attempt to resolve the alleged Inconsistent conduct or behavior. The

Chairperson may send a letter summarizing the local Professionalism

Panersdiscussionsto the Respondent Attorney. Ifthe Respondent Attorney

fails to appear fur the meeting, the Local Professionalism Panel members

present sha II discuss the conduct or behavior a Ueged to be inconsistent wfth

the Standards of Prafessionalfsm, and may summarfze the Local

Professionalism Panel's discussions by letter to the Respondent Attorney.

Consistent with the provisions of paragraph 4A of this Order, the local

Professionalism Panel may consider the Respondent Attorney's failure to

appear In determfning whether referral of the matter to the ACAP Is

appropriate.

c. Forty-Ffve (45) Davs to Resolve

The Local Professionalism Panel should strive to resolve all referrals within

forty-five {45) days of receipt of the request.

AO 10.02 (v2) PageS

Local Professionalism Panel Effectfve: January 28, 2014

D. Resolution

After conducting an investigation and conferring with each other, the Local

Professionalism Panel members may resolve the Issues in thefollowi~non~

punitive, educational and constructive ways to provide the Respondent

Attorney with an Incentive for self-improvement;

J. The Chairperson may issue an oral or wrftten decision to the

Respondent Attorney;

ii. The local Professionalism Panel, in its discretion, may refer the

Respondent Attorney to the Eighth Judicial Circuit Bar Association's

Mentorshlp program or may communicate with an assistant mentor

ofthe Respondent Attorney;

iii. The Local Professionalism Panel may refer the Respondent Attorney

to "'The Florida Bar's Ethics School," which Is an eight (8) hour ethics

course, or any other course{s) deemed appropriate;

iv. The Local Professionalism Panel may provide the Respondent

Attorney with recommendations that will assist the attorney In the

future;

v. The Local Professionalism Panel, in appropriate circumstances, may

refer the Respondent Attorney to "'Florida Lawyers Assistance/ or

other similar, appropriate program(s), for assistance wtth drug,

alcohol and/or emotional problems;

vi. Pursuant toSection 2.1 ofthe SUpreme Court Opfnlon SC13-688, the

local Professionalism Panel has the discretion to direct any referrals

to the ACAP, depending upon the nature and severity ofthe referral;

or

AO 10.02 (v2) Page6 local Professionalism Panel Effec:tl\'e: January 28, 2014

vii. The Local Professionalism Panet may recommend anyothersolution

It deems to be appropriate or necessary.

Depending upon the circumstances, Respondent's failure to follow the

recommendations of the Local Professionalism Panel may be a basis for referral to ACAP.

E. Confldentlalitv

All records regarding referrals to the Local Professionalism Panel shall be

handled in the manner set forth in Supreme Court Opinion SC13-688 and as

outlined in Rule 3-7.1, The Rules Regulating the Florida Bar, regarding the

confidentiality ofdisciplinary investigations and proceedings.

f. Rec9rds Retention -All records will be destroyed within thirty (30)

days of the conclusion of the process and/or after the Respondent

Attorney has completed all of the Local Professionalism Paners

recommendations, whichever is later.

il. Statement of Confidentiality - All Local Professionalism Panel

members, the referring attorney and the Respondent Attorney shall

be required to sign a statement acknowledging:

a. All information disclosed during the Local Professionalism

Panel process is confidential and shall not be disclosed to

anyone except other Local Professionalism Panel members,

the referring attorney, or the Respondent Attorney; and

b. The Local Professionalism Panel is a voluntary, Informal

program that Is Intended to be non-punltJve, educational and

constructive. Furthermore, failure of the Respondent

Attorney to complete all ofthe Local Professionalism Panefs

recommendations shall not result In the imposition of

sanctions or discipline.

AO 10.02 (v2) Page7 local Professionalism Panel Effective: January 28, 2014

5. Administrative Order No. 10.02(vl), establishing the Eighth Judicial Circuit

Professionalism Committee, and Administrative Order No.10.03, establishing the Eighth

Judicial arcuftBench/Bar Committee are herebysuperseded by this Order and are deemed

vacated to the extent such prior orders are inconsistent with this Order.

ORDERED on this 28th day af January, 2014.

Robert E. Roundtree, Jr., Chief Judge

AO 10.o2 (\12) PageS

Local Professlonalfsm Panel Effective: January 28, 2014

http:No.10.03

Professionalism Panel IThe Eighth Judicial Circuit ofFlorida http://circuit8.org/professionalisrr.

The Eighth Judicial Circuit of Florida ServirlsAl•chua, Biker, Bradfoni, Gilduist.Levy, md Union Countias

• "' HOME SElF HElP FOR JURORS FOR AITORNEYS ABOUT THE EIGHTH CIRCUIT JUDGES

•Professionalism Panel

PtKsuant to ~!sJ:lt~. :!.l:J.norable Sheree H. Lancaster. Gilchrist County Judge, Eighth Judicial Circuit

Phil C. Beverly, Jr .. Esq. - Law OffiCe of Phil C. Beverly, Jr.

Alan Chipperfieid, Esq. - Assistant Public Defender, Office of the Public Defender, Eighth Judicial Circuit

Philip N. Kabler, Esq. - Kabler Moreno llP

Teresa (Rambo) Reed, Professor- University of Florida Levin College of Law

Mesron T. Rawls, Esq. - Gator Team Child

Jeanne M. Singer, Esq. - Chief Assistant State Attorney, Office of the State Attorney, Eighth Judicial Circuit

Carl B. Schwait, Esq. -Dell Graham, P.A.

Professionalism Referral Form

http: //circuit8.o rg

follow @8Cir::uit~lorida ~

02014 Eighth ..ud'ic:ial Crrcu!t ofFJofi:ja

f l

http:http://circuit8.orghttp:ri

2014 PROFESSIONALISM SYMPOSIUM

Sponsored by the U.F. Levin College of Law, the Eighth Judicial Circuit

Bar Association, and David B. Mishael, P .A.

Friday, April 4, 2014, 9 a.m. to noon

SCHEDULE

9:00 - 10:15 Keynote presentation: Panel Discussion on the New Local Professionalism Panels Required by the Florida Supreme Court (moderated by Robert Jerry, Dean, UF Levin College of Law, with panelists Chief Judge Robert Roundtree, 8th Circuit, Amy Mashburn, Professor, UF Levin College of Law, Jeanne Singer, Esq., Chief Assistant State Attorney, 8th Circuit SAO, and Franklin Harrison, Esq., Member, Florida Supreme Court's Commission on on Professionalism)

10:15 - 10:30 Refreshments, courtesy of David B. Mishael, P.A., Attorneys at Law, Miami, Florida

10:30 - Noon Small Group Discussions: Breakout discussions of issues of ethics, professionalism and civility, lead by teams of attorneys, judges and law school professors

ROOM ASSIGNMENTS FOR SMALL GROUP DISCUSSIONS (ALL ROOMS ARE IN THE ADJACENT EDUCATION BUILDING - SEE MAP ON REVERSE SIDE)

Business Law Group: Room 203/204 (Discussion Leaders: Chief Judge Robert Roundtree, Philip Beverly, Esq., Philip Kabler, Esq., and Scott Malleck, UF Law Student)

Civil/Tort Law Group: Room 211 (Discussion Leaders: Judge Toby Monaco, Jack Fine, Esq., and Leonard Ireland, Esq.)

Criminal Law Group: Room 225/226 (Discussion Leaders: Judge Denise Ferrero, Mark Feather, Esq., and John Stokes, Esq.)

Estates &Trusts Group: Room 222 (Discussion Leaders: Judge Mary Day Coker, Professor Joe Little, Sam Boone, Jr., Esq. , and Larry Ciesla, Esq.)

Family/Domestic Relations Group: Room 232 (Discussion Leaders: Judge James Colaw, Cynthis Swanson, Esq., and Scott Walker, Esq.)

Government Lawyers Group: Room 209/210 (Discussion Leaders: Judge Sheree Lancaster, Norm Fugate, Esq., and Elizabeth Waratuke, Esq.)

Real Estate/Land Use Group: Room 228/229 (Discussion Leaders: Judge Frederick Smith, Ramona Chance, Esq., and Mac McCarty, Esq.)

CLE APPROVED CTO BE SUBMITTED BY YOU TO THE FLORIDA BAR)

Course Title: 2014 Professionalism Symposium Course No.: 1401349N General Credits: 3.5 Ethics Credits: 1.0 Professionalism

Credits: 2.5

9J 4719 NW 53RD AVENUE - SurrE ACARTER, DRYLIE lf};...Lrm.E____, _P._.A_._________ ____GAlNEsvn.u• Ft..o!uo--A-32-65_3 AT T 0 R N E Y S AT LAW Tal:PHoNE: (352) 381-9991

FAX: (352) 381-8298 EMAn.: cdpa@bellsouth.net WEBsnE: www.carteranddrylie.com

CHARLES B. CARTER• •Certified Circuit Court Mediator

DEBORAH C. DRYUE

April 22, 2014 BRETIUTTLE

Ray279Gain

mond F. Brady, Esq. 0 N.W. 43rd Street, Suite 200 esville, Fl. 32606-7445

RE: James L. Tomlinson Professionalism Award

Nominee: William P. Cervone 120 West University Avenue Gainesville, FL 32601 Alachua County

Dear Mr. Brady,

The James L. Tomlinson Professionalism Award has been and continues to be one of the most prestigious awards presented to attorneys in our community who exemplify excellence in professionalism. It is our great honor to nominate State Attorney, William P. Cervone, for the 2014 James L. Tomlinson Professionalism Award. Bill certainly exemplifies the ideals and goals of professionalism in the practice of law, reverence for the law and adherence to honor, integrity and fairness, as follows:

For several years, William P. "Bill" Cervone has participated in a variety of state and national organizations, and, he has played key roles in those organizations. As a result of his work and the respect he has garnered, he has brought great honor and great respect to our Circuit. We all share a bit of that respect when we introduce ourselves as being attorneys from the Eighth Judicial Circuit. The members of our Circuit have been exposed to Bill's professionalism, knowledge and ethics for such a long period of time we run the risk of taking it for granted; however, Bill's work ethic and competence are not taken for granted by others around the state and around the country.

William P. "Bill" Cervone was first elected State Attorney for the Eighth Judicial Circuit in 2000. Before then, he served as an Assistant State Attorney, beginning his employment under the Honorable Eugene T. Whitworth in 1973. As a young prosecutor, Bill practiced in each county of the Circuit honing his trial skills and developing his legal expertise. He earned the respect of citizens from the Georgia line to the Gulf of Mexico. In 1985, the State Attorneys for each of the twenty circuits ofFlorida recognized his efforts by naming him Florida's Outstanding Prosecutor of the Year. Bill served as President of the Florida Prosecuting Attorneys Association

in 2009-2010. He is a Member of the Core Agency Committee of the Child Advocacy Center and a member of the Gainesville Black on Black Task Force. Bill has actively supported a variety of projects including the development and maintenance of the Victim's Memorial Park since its opening in 1996; he is an active supporter of the Reichert House Program providing services to young men with difficulties in school and in neighborhoods; Bill has been an active supporter of the Pace Center for Girls which provides education and services to young women struggling in the school system. For many years, Bill has been an active member of the Rotary Club of Gainesville. In 2007, Bill was honored by the Gainesville Commission on the Status of Women with the Martha A. Varnes Award in recognition for his achievements in serving victims of sexual violence. In 2012, Bill was named Outstanding Elected Official by the League of Women Voters ofAlachua County.

Bill epitomizes what Earl Warren said: "It is the spirit and not the form of the law that keeps justice alive." Justice is alive and well during Mr. Cervones tenure as State Attorney.

Additionally, Bill attends more dinners, meetings, functions and awards ceremonies than any of us dare imagine. Above and beyond that, he volunteers for numerous speeches and significant amounts of time to numerous charitable organizations. Bill designs and creates hundreds of stained glass stepping stones that have been sold at auctions to raise funds for inumerable not-for-profit organizations.

In the )ate 1980's, Bill Cervone left the Office of the State Attorney to develop his skills in the practice of civil law. Very quickly Bill ended up a partner in a private firm. Bill's articulate manner of speech, his tireless work ethic and legal competence was witnessed by clients, lawyers and judges throughout North Central Florida not only with respect to criminal law matters, but also, in civil law practice. Members of the Bar who did not know Bill before this, got a chance to sec his professionalism and high ethical standards first hand.

Bill was an adjunct professor at the University of Florida College of Law where he taught trial tactics for over 20 years.

Unlike most of us, the State Attorney is vested not only with the ethical considerations defined in our oath, the State Attorney has the additional obligation to assure that justice is served, not only for the people of the state hut for the individual defendant who stands innocent until proven guilty. As our representative, Bill Cervone has never once wavered from this obligation, even when the decisions were difficult and unpopular. Potter Stewart said, "Ethics is knowing the difference between what you have a right to do and what is right to do." Bill exemplifies that distinction. He has always championed the rights of all citizens who appear in the criminal courts; coordinating efforts in decreasing domestic violence; providing therapeutic courts for the mentally ill and addicted; and introducing a successful restorative justice program in our juvenile courts.

It goes without saying that as the head of the biggest law firm in the circuit, Bill Cervone has been teacher and mentor to many attorneys, many of whom practice in our circuit today. When you come to the State Attorney's Office, you learn very quickly that Mr. Cervone is up to date on the law, and, that he has a set of notebooks where he has noted cases applicable to any

Page2 of4

issue raised in the criminal court. Bill's door is always open to an assistant state attorney who is having difficulty with an issue or a decision. The door is also open to law enforcement and the defense bar, who routinely come to him for advice and direction. Management is doing things right; leadership is doing the right things. William Cervone is a leader.

Bill has served as a mentor and inspiration to so many people we potentially fall into the trap of failing to look at him and say what he means to us. Luckily, the Tomlinson Award exists to remedy such a situation.

Many of the members of the Bar know Bill through his monthly column in the EJCBA Newsletter. Over the many years, his articles have reflected his respect for the law, his fairness and his sense ofhumor.

Importantly, Bill Cervone is a person of faith. He is an active member of St. Patricks Church and is a member of the Catholic Foundation of the Diocese of St. Augustine. He is a person with the values we all seek in our professional and our personal lives. When it comes to consideration for the Tomlinson Award, perhaps it is Bill "the person" that is the final superlative consideration. Who among us deals with so many community issues, so many law office management issues and so many legal issues and keeps the professional level that Bill has kept for so many years? How many of us remain such a model person, such a model friend and such a model mentor under similar pressure? Bill is the superior surgeon who also has the wonderful bedside manner. He is the legal opponent you will have coffee with, and, leave a better person. And we cannot fail to mention, he is a dedicated Gator Fan with all of the paraphernalia to prove it.

This letter is a public nomination. We will not invade Mr. Cervone's privacy, however, those of us who know him are well aware of the private charitable acts that very few people see. He aids the under-privileged with anonymity. He performs family responsibilities with grace. Only those close to Bill get glimpses ofsuch selfless actions, and even those individuals only see the surface of Bill's deep charitable undertakings.

Bill is constantly being interviewed by local and state news media. We admire how articulate he is during these interviews; we admire the clear and precise manner in which he expresses himself and explains issues and admire the way he represents our profession.

For his entire professional career, Bill would say that the law honors him by permitting him to practice as a lawyer. We, at the same time, want to acknowledge that William P. Cervone has always honored the law and those who practice law with him. Bill lives one day at a time emphasizing ethics rather than rules. For the example Bill has set for our community as an outstanding lawyer, as an honest and skilled litigator, and as a genuinely decent man, we are honored to nominate our colleague, Bill Cervone, for the Tomlinson Award.

Page 3 of4

Nominator: Deborah C. Drylie, Esq.

-~~~~---- -~.:....Q{/!::~- -- ·

Nominator: Danid J. Glassman, Esq.

· · ~ Q{'.:,..._~·"-c.....-.______.

~~t~: ~rederick D. Smi~th, Esq.

-4A1~.7J.~ Nit:2~--

7

Page4 of4

2014 Annual Professionalism Circuit Committee ReportIN THE EIGHTH JUDICIAL CIRCUIT OF FLORIDAADMINISTRATIVE ORDER NO. 10.02LOCAL PROFESSIONALISM PANEL2014 PROFESSIONALISM SYMPOSIUMThe James L. Tomlinson Professionalism Award