CIRCUIT PROFESSIONALISM COMMITTEE REPORT FORM

Due February 1, 2015

Name of Committee: 10th Judicial Circuit Professionalism Committee Chair: K.C. Bouchillon Circuit: 10th

Chief Judge: Hon. Bruce Smith Submitted by: K.C. Bouchillon

Please complete the information below regarding any activities and projects completed since June 30, 2014 (additional pages can be attached if needed):

1. Please list and describe professionalism projects the committee is presently working on or has completed.

The Professionalism Panel, created by Chief Judge Bruce Smith’s Administrative Order on October 25, 2013, has handled a referral of two attorneys from a circuit judge. The panel met with the attorneys and resolved the issues to the satisfaction of the judge and the attorneys. The chairman of the Professionalism Panel also participated in a telephonic group discussion with all of the chairs of the professionalism panels around the State of Florida to seek suggestions to improve the workings of the panels and to explore ways of bringing uniformity to them.

2. Please list and describe any professionalism programs, conferences, symposiums, CLE's, luncheons, or banquets that the committee has conducted.

The Professionalism Committee, in conjunction with the 10th Judicial Circuit’s Willson American Inn of Court, conducted its annual Professionalism Dinner in October 2014, discussed below. The guest speaker was Florida Supreme Court Justice Fred Lewis.

Alex Ferrer gave a presentation to the judges and lawyers of the 10th Circuit on closing arguments on January 14, 2014. CLE credit for the presentation was requested and obtained.

3. Please indicate how often the committee meets to discuss professionalism initiatives? List past meeting dates and attach the minutes from the meetings if available.

The Professionalism Committee meets jointly with the Bench/Bar Committee on alternate months and the chairman gives a report to the Bench/Bar Committee on activities of the Professionalism Committee. Copies of the minutes of these meetings for the past year are attached.

4. Please list the name and provide the criteria for any professionalism awards offered by the committee and provide the name and credentials of the last recipient.

The Committee presents a Professionalism Award annually at its Professionalism Dinner to a member of the local bench or bar who exhibits the highest levels of professionalism. The 2014 recipient was David Langford, who recently retired as a circuit judge. Judge Langford received his bachelor’s degree in 1972 from the University of Florida and his law degree from the University of Florida College of Law in 1975. He began his career in June of 1975 as an Assistant State Attorney in the 10th Judicial Circuit. He opened his own private law practice in February of 1978 and worked in that capacity until January of 1987. He also worked from 1983 to 1986 as a Avon Park City Attorney, a bank attorney for Sun Bank, and a Board attorney for the South Florida Community College. In January of 1987, he became a judge of the Highlands County Court. He then joined the Circuit Court in November of 1989. He retired in 2013.

At the Professionalism Dinner, the Committee also presents the Justice Achievement Award to a non-lawyer who works in the court system who has had a significant impact on the improvement of the administration of justice in the circuit. The 2014 recipient was Toni Godinez. Ms. Godinez began her employment in the Tenth Circuit in 1995 as the first staff Spanish language translator. In 2004, Ms. Godinez became the Court Interpreter Coordinator for the Tenth Circuit. She supervises five other staff interpreters who each are fluent in Spanish language translations in the courtroom. The primary duty of this position is to help protect due process rights of defendants and respondents in criminal, domestic violence, juvenile delinquency and juvenile dependency cases. There are, on average, more than 8000 cases each year in which the court interpreters translate in the courtroom or hearing room.

5. Has your circuit enacted a Local Professionalism Panel pursuant to SCI3-688? If so, please provide a link to the local order, a copy of the order creating the panel or a description of how the panel operates.

Yes. See attached.

6. Please list and describe any mentoring programs offered in your circuit and indicate whether they are still active.

Every two years, the Professionalism Committee and the 10th Judicial Circuit’s Willson American Inn of Court conduct a New Lawyer Orientation for young attorneys who practice in the 10th Judicial Circuit. The last Orientation occurred in October 2013.

Also, the 10th Judicial Circuit’s Willson American Inn of Court provides guidance to its younger members through its monthly program participation and instruction.

7. Is there an active professionalism peer review council that the committee promotes? If so, please explain how the peer review council operates and how many complaints it handled over the past year.

By Administrative Order AO 1-48.0, on October 25, 2013, Chief Judge Bruce Smith created a professionalism panel for the 10th Judicial Circuit. It has received a referral of two attorneys so far (discussed above).

8. How does the committee disseminate information to the local bar (i.e.: newsletter, email, meetings)? If the committee distributes a newsletter please provide a copy of the most recent edition.

Typically, communications to the local bar are handled by mass email.

9. Please provide any additional information not already requested regarding professionalism efforts by the committee.

Please mail or email a copy of your report to:

The Florida Bar Henry Latimer Center for Professionalism 651 E. Jefferson Street Tallahassee, Florida 32399 Telephone: 850-561-5747 Email: cfp@flabar.org

Please submit your report on or before February 1, 2015.

TENTH JUDICIAL CIRCUIT BENCH/BAR COMMITTEE Minutes for Meeting on Wednesday, September 10,2014 at 4:00p.m.

The meeting was held on the 9'h floor of the Polk County Courthouse in the Chief Judge's Conference Room. Chairman A. Brent Geohagen called the meeting to order at 4:00 p.m.

Present were:

A. Brent Geohagen Wm. Bruce Smith Nick Sudzina Angela Cowden K. C. Bouchillon RexDimmig Brian Haas Chrystal Thornton Nicholas Merriweather John Kessenich Ariana Gonzalez Mary Daugherty Phillip Short Charles Carlton

OLD BUSINESS

Chair, Bench/Bar Committee Chief Judge, Tenth Judicial Circuit Court Administrator Secretary, Circuit Judge Professionalism Committee Chair Public Defender Chief Assistant State Attorney PCTLA Virgil Hawkins Bar Association Young Lawyers Section Florida Rural Legal Services Florida Rural Legal Services Florida Rural Legal Services Lakeland Bar Association

The minutes from the meeting on July 9, 2014 were submitted for approval. The minutes were approved by unanimous vote of the members present.

There being no further Old Business, the Committee moved on to New Business.

NEW BUSINESS

A. Judicial and Legislative Update - Judge Smith

I. Raises for Judicial employees- Not all state employees will receive raises, but the JA's are slated to receive raises. Phase 2 of the judicial system employee raises are expected from the next legislative session.

2. New Circuit Judges have been elected: Judge Michelle Pincket will be assigned to the Family division and Judge Larry Helms will be assigned to Civil, taking Judge Hofstad's division.

3. County Judges - we expect Judge Abdoney's successor to be named by December I, 2014.

4. Judge Curry has sent his resignation to the Governor's office and the Tenth Circuit JNC will convene to accept applications for his position. No later than January I, 2015 we expect that his successor will be named.

5. Of note: With the new judges expected to come on board in January, a total of 14 judges will have been invested during Judge Smith's tenure as Chief Judge, which equates to around 113

of the judges being replaced. The Tenth Circuit has a new look, and when Judge Durrance retires, Judge Smith will be the most senior sitting judge. Judge Curry will return as Senior Judge after he sits out for one year. Immediately upon retirement, Judge Alcott plans to volunteer 2 days/week doing prose judge work as no one else is too keen on doing that division!

6. New Judicial assignments will be announced around October I, 2014.

7. The Karla Wright Luncheon is to be held at Eaglebrooke Golf Club on October I, 2014 and Justice Fred Lewis is the keynote speaker.

8. The Professionalism Dinner is to be held October 2, 2014 and the keynote speaker is, once again, Justice Fred Lewis.

B. Court Administrator's Update- Nick Sudzina

I. Nick reiterates that Phase 2 of the state employee raises is scheduled to come from the next legislative session.

C. Updates from the Various Bar Associations

PCTLA - Chrystal Thornton mentioned the justice teaching training specifically for judges

Office of State Attorney - Brian Haas reports that several attorneys from their office volunteer on weekends at the Bartow High School mentorship program.

Young Lawyers Section - John Kessenich reported that YLS will have a book drive to help establish a Legal Academy at Bartow High School, that the YLS plans another Professionalism Roundtable and that once again, this holiday season, YLS plans to have a Christmas party benefitting the George Harris Youth Shelter.

Office of Public Defender - Rex Dimmig reports that (sadly) there are no raises for Public Defender employees planned; that e-filing bugs are being worked out and that there is some talk of having to pay to park in the proposed parking garage. (!)

Professionalism Committee - K.C. Bouchillon reports that the Professionalism Dinner is in the works and that the Professionalism Panel is working well.

Lakeland Bar Association - Charles Carlton reports that he attended the Bench/Bar Committee meeting today as a representative of the LBA in order to broaden his wisdom!

Virgil Hawkins- Nick Merriweather has no report from VHBA

Highlands County Bar Association - the re-dedication of the Justice Parker Lee McDonald Law Library is planned for this Friday, and hopefully will be a success.

D. Motions and Observations

Judge Smith observed that the Tenth Circuit is planning to invite Judge Alex to do a Closing Argument presentation sometime soon on a Thursday at noon in the Oliver Green Courtroom and all attorneys as well as SAO and PDO will be invited to attend.

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NEXT MEETING

The next Bench/Bar Committee Meeting was scheduled for Wednesday, November 19, 2014, at 4:00p.m.

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:30p.m. on September 10, 2014.

Minutes submitted for approval by Angela J. Cowden, Secretary. Is! Angela J. Cowden

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TENTH JUDICIAL CIRCUIT BENCH/BAR COMMITIEE

Minutes for Meeting on Wednesday, July 9, 2014 at 4:00p.m.

The meeting was held in the 9'" floor conference room of the Polk County Courthouse in the Chief

Judge's Conference Room. Chairman Brent Geohagen called the meeting to order at 4:05p.m.

Present were:

Brent Geohagen Chair, Bench/Bar Committee Wm. Bruce Smith Chief Judge, Tenth Judicial Circuit K.C. Bouchillon Chair, Professionalism Committee Nick Zbrzeznj Young Lawyers Division Ita Neymotin Director, Regional Counsel, 2"' District Crystal Thornton President, Polk County Trial Lawyers Andrele Brutus Virgil Hawkins Bar Association Wayne Durden Circuit Judge Angela Cowden Circuit Judge (Secretary, Bench/Bar Committee) Nick Sudzina Court Administrator

OLD BUSINESS

The minutes from the meeting on May 14, 2014 were approved by unanimous vote of the attendees.

NEW BUSINESS

A. Judge Smith reported that several judges are in their new assignments and that there will be more assignment changes in January, 2015.

B. The court is waiting for the Governor to make an appointment to the Circuit bench; that appointment is imminent any day now.

C. Judge Smith reported that the special pay issue for state court employees is pending before the Supreme Court and then is expected to go to the Legislative Budget Commission. Law Enforcement and court employees are the only employee groups who were approved for pay adjustments as a result of the last legislative session.

D. Nick Sudzina announced that an investiture ceremony will be scheduled in several weeks after the new appointment is made. It will include Judge Ojeda, Judge Hill and the appointment for Beth Harlan's slot.

E. Mr. Sudzina also informed the committee attendees that the court has three judicial assistant/floaters who substitute for judge's judicial assistants when they are out of the office. He said feedback from the bar on the performance of these judicial assistant/floaters is always welcome. The ladies that occupy these positions work for court administration.

F. K.C. Bouchillon reminded the group of the Professionalism Dinner at the Yacht Club on October 2"•, at which the Professionalism Award is given as well as the Justice Achievement Award. More information will follow on that event. Supreme Court Justice Fred Lewis will be the featured speaker.

G. Crystal Thornton informed the group that the Dick Mars Golf Tournament was a success and that over $4000.00 was raised. She also reminded everyone that the Second Annual Karla Foreman Wright Luncheon is scheduled for Wednesday, October 1" at noon at Eaglebrooke. A judge will be awarded the Karla Wright award and Justice Lewis will also speak at this event.

H. Nick Zbrzeznj reported for the Young Lawyers Division. He said they are looking for new office space. He also reported that Bartow High School is starting a new law academy and that further information will be forthcoming. He said the Young Lawyers Division could also use old law books if any are available.

I. It Neymotin reported from Regional Counsel and said that there were 50 attendees at the recent guardianship seminar. She is seeking CLE credit for that session and will have DVDs available for attorneys or paralegals who missed the seminar but would like to view the training. Ita also said her office is purchasing a machine similar to the one used by the Public Defender that records depositions and can be used in the courtrooms. She will also provide the court with a motion and order for utilization in the pilot program for court-appointed conflict cases.

NEXT MEETING

The next Bench/Bar Committee Meeting is scheduled for Wednesday, September 10, 2014.

There being no further business, the meeting was adjourned at 4:50p.m.

Respectfully submitted,

;J~> r

Nick Sudzina P (for Judge Cowden)

IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT IN AND FOR HARDEE, HIGHLANDS, AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 1-48.0

IN RE: RATIFICATION OF THE TENTH JUDICIAL CIRCUIT’S COMMITTEE ON

PROFESSIONALISM AND CREATION OF A LOCAL PROFESSIONALISM PANEL

WHEREAS, on June 6, 2013, the Florida Supreme Court entered In Re: Code for

Resolving Professionalism Complaints, No. SC13-688; and

WHEREAS, In Re: Code for Resolving Professionalism Complaints states that “[t]he

Chief Judge of every circuit shall create a Local Professionalism Panel to receive and resolve

professionalism complaints informally if possible.” Id. at 5; and

WHEREAS, “the Circuit Committee on Professionalism may be designated as the Local

Professionalism Panel.” Id.; and

WHEREAS, on April 12, 1993, the Court entered Administrative Order No. 7-6.0,

entitled Adoption of Standards of Professional Courtesy; and

WHEREAS, in 1998, pursuant to the Florida Supreme Court's Administrative Order

entitled In Re: Commission on Professionalism, the Tenth Circuit Committee on Professionalism

was created; and

WHEREAS, the Oath of Admission to The Florida Bar; The Florida Bar Creed of

Professionalism; The Florida Bar Ideals and Goals of Professionalism; The Rules Regulating the

Florida Bar; the decisions of the Florida Supreme Court; and the Standards of Professional

Courtesy adopted in Administrative Order No. 7-6.0 make up the Ideals and Standards of

professionalism; and

WHEREAS, the Ideals and Standards apply to all counsel practicing law in this circuit

and their staff, pro se litigants appearing before the courts of this circuit, and all persons entering

an appearance before the courts of this circuit; and

it is therefore ORDERED that:

1. Tenth Circuit Committee on Professionalism:

a. The Tenth Circuit’s Committee on Professionalism is formally ratified. The Committee on Professionalism shall be composed of:

The Chief Judge of the Tenth Judicial Circuit or designee; A Chairperson selected by the Chief Judge; The acting President of each active bar association within the Tenth Judicial

Circuit or designee;

The acting President of each Inn of Court within the Tenth Judicial Circuit or

designee;

The State Attorney for the Tenth Judicial Circuit or designee;

The Public Defender for the Tenth Judicial Circuit or designee; and

The Regional Counsel of the Offices of Criminal Conflict and Civil Regional

Counsel or designee; and

Trial Court Administrator of the Tenth Judicial Circuit Court.

b. The Committee will perform all responsibilities established in The Supreme Court of

Florida’s Administrative Order In re: Commission on Professionalism, dated June 11,

1998.

c. Additionally, the Committee on Professionalism shall review the Tenth Circuit’s

Standards of Professional Courtesy and make any recommended changes to the Chief

Judge.

d. The Committee on Professionalism shall meet at least twice a year.

2. Local Professionalism Panel:

a. A Local Professionalism Panel is hereby created (hereinafter “Panel”). The Panel

shall be composed of:

The Chairperson of the Committee on Professionalism, who will also serve as the

Chairperson of the Panel;

One member of the bar or a retired judge selected by the Chairperson of the

Committee on Professionalism, who will serve a three-year term; and

Three members of the bar or retired judges to be selected by the Chief Judge, who

will serve three-year terms.

b. The Panel shall perform all responsibilities established in The Supreme Court of

Florida’s Administrative Order In Re: Code for Resolving Professionalism

Complaints, dated June 6, 2013.

c. The Panel shall meet as necessary to fulfill its responsibilities.

d. The purpose of the Panel is to meet with attorneys who have conducted themselves in

a manner inconsistent with the Ideals and Standards in order to discuss such conduct

and counsel attorneys to avoid future conduct inconsistent with the Ideals and

Standards. The Panel shall have no authority to discipline any attorney or to compel

any attorney to appear before the Panel. The Panel may also counsel attorneys if it

determines such counseling will further the goals of the Ideals and Standards.

e. The following procedures shall generally govern the proceedings of the Panel:

i. Referral by Judicial Officer or Quasi-Judicial Officer:

1. When any Judge, Magistrate or Hearing Officer within the Tenth

Judicial Circuit determines that an attorney has engaged in conduct

inconsistent with the Ideals and Standards, the Judge, Magistrate or

Hearing Officer may refer the matter to the Professionalism Panel by

directing a letter or e-mail to the Chairperson of the Panel.

2. The Chairperson of the Panel, on behalf of the Panel, shall address a

letter to the attorney involved notifying the attorney of the referral, and

may invite the attorney to submit a response or meet with the Panel on

a date and time specified.

ii. Referral by Attorney/Non-Attorney:

1. If an attorney observes conduct on the part of another attorney that he

or she believes is inconsistent with the Ideals and Standards, that

attorney may request that the Panel consider the matter by directing a

letter or e-mail to the Chairperson of the Panel.

2. If a non-attorney person is directly and adversely affected by conduct

on the part of an attorney that is inconsistent with the Ideals and

Standards, that person may request that the Panel consider the matter

by directing a letter or e-mail to the Chairperson of the Panel.

3. The request shall be limited to ten (10) pages inclusive of exhibits.

The Chairperson of the Panel may request additional documents as

necessary.

4. The Chairperson of the Panel shall address a letter to the attorney

involved notifying the attorney of the referral, and may invite the

attorney to submit a response or meet with the Panel on a date and

time specified.

iii. Referral by the Florida Bar's Attorney Consumer Assistance and Intake

Program (hereinafter “ACAP”)

1. The Professionalism Panel may accept referrals sent by ACAP.

2. The Chairperson of the Panel shall review the request, shall notify the

respondent attorney of the referral, and may invite the attorney to

submit a response or meet with the Panel on a date and time specified

iv. Letter Inviting Response or Appearance Before Panel:

1. Any letter sent to an attorney by the Panel that invites an attorney to

submit a response or appear before the Panel shall identify the conduct

alleged to be inconsistent with the Ideals and Standards and the Ideals

and Standards potentially implicated and shall advise the attorney that

the Panel review or meeting is not a disciplinary proceeding. A copy

of the Ideals and Standards shall be included in the correspondence.

2. The Panel will meet at the date and time specified in the letter. The

purpose of the meeting shall be to discuss with the attorney his or her

conduct and ways the attorney should act in the future to be consistent

with the Ideals and Standards.

3. If the respondent attorney fails to submit a response or to meet with

the Panel on a date and time specified, the Panel shall discuss the

conduct inconsistent with the Ideals and Standards and shall

summarize the Panel's discussions by letter to the attorney. Consistent

with the provisions of paragraph 2.e.vi.4 (below) of this Order, the

Panel may consider the Respondent's failure to appear in determining

whether referral to ACAP is appropriate.

v. Panel members should resolve referrals within forty-five (45) days of receipt

of referral.

vi. Panel’s Resolution of Referral:

1. Issue an oral or written decision to attorney;

2. Refer attorney to an available mentor;

3. Refer attorney to appropriate program(s) sanctioned by The Florida

Bar;

4. Pursuant to Section 2.1 of Supreme Court Opinion SC13-688, the

Panel has discretion to refer any appropriate complaints to ACAP.

3. This administrative order shall be effective immediately.

DONE and ORDERED on this 25th day of October, 2013.

WM. BRUCE SMITH, Chief Judge