Annual Reports of Florida Bar committees.

Admiralty Law

The Admiralty Law Committee serves as an active forum for discussion of current issues in admiralty and maritime law. Some of the issues discussed in committee meetings this year included the federal salvors' license statute, uniformity in local admiralty rules for civil procedure, and problems of keeping vessel arrest papers confidential under the court's electronic filing system. New cases, statutes, and regulations were mentioned at each meeting. Reports of activities at other maritime law organizations, such as the Southeast Admiralty Law Institute, the Maritime Law Association, The Mariners Club, and The Marine Council, were also presented.

Each committee meeting included CLE courses, with Dr. Richard Brown discussing human resource factors in maritime accidents and Stephen Darmody presenting maritime environmental issues in the Fall meeting. At the Midyear Meeting, Capt. Alan Richard provided a review of regulation of vessel traffic for safety purposes and Kenneth Gale Hawkes outlined the transportation workers identification credential status for maritime interests.

Members of the committee are preparing a new edition of the popular reference book, Maritime Law and Practice. Along with the Trial Lawyers Section, the committee is conducting a seminar titled, "Maritime Law Update."

Vice chairs Demetrios Kirkiles and Jacob Munch, along with many committee members, were involved in the success of these activities.

JOHN H. THOMAS, Chair

Advertising

The Standing Committee on Advertising is responsible for advising members of The Florida Bar on permissible advertising and marketing practices. The committee, which meets monthly, reviews appeals of opinions issued by staff counsel, offers guidance to staff in evaluating lawyer advertisements, makes recommendations regarding rule changes, and provides guidance to Bar members concerning both the substantive and procedural requirements of the advertising rules.

The committee advises Bar members on the substance of the advertising rules through a variety of different methods. An in-depth analysis of the filing requirements, substantive regulations, and committee interpretations is provided by the committee's Handbook on Lawyer Advertising and Solicitation, which is regularly updated by Bar staff and is posted on the Bar's Web site for easy access by members. The handbook is currently being revised to comport with the changes to the advertising rules that were adopted by the Florida Supreme Court in Amendments to Rules Regulating The Florida Bar--Advertising, 31 Fla. L. Weekly S767 (Fla. Nov. 2, 2006) (No. SC05-2194, 11/2/2006). The changes were effective 12:01 a.m., January 1, 2007. The Supreme Court of Florida issued a revised opinion on December 20, 2007, effective February 1, 2008. The most significant change to the advertising rules requires that all television and radio advertisements required to be filed for review must be filed at least 15 days prior to the lawyer's first dissemination of the advertisement. The changes also including applying the lawyer advertising rules to out-of-state lawyers who advertise in Florida; exempting communications between lawyers and their family members from the rules; exempting communications between lawyers and prospective clients at the prospective client's request from the rules; adding permissible content to the "safe harbor" rule; deleting prohibitions against "unfair" advertising; deleting the prohibition against unjustified expectations; adding a prohibition against promising results; adding a prohibition against claiming expertise unless board certified; deleting the size requirement for required information; deleting the hiring disclosure requirement for print advertisements; making Bar opinions binding on the Bar; expanding public service announcements to include any permissible content; deleting the rule on information on request; and requiring lawyer referral services to state they are lawyer referral services in advertisements.

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The Bar filed proposed amendments to Bar Rule 4-7.6 (computer accessed communications), which would require that home pages comply with all the general ad requirements of Rule 4-7.2. The remainder of the Web site would have to comply with the general ad requirements of Rule 4-7.2, except they may include statements characterizing the quality of legal services, and may, with client consent, include testimonials and past results. An appropriate disclaimer would be required if testimonials or past results are posted. No proposed changes would require Web sites to be submitted to the Bar for review.

The committee, through its staff, continues to publish a column in The Florida Bar News from time to time, titled "Advertising Updates." Articles have been published explaining the most recent revisions to the advertising rules and providing information regarding recent opinions of the Board of Governors and the committee regarding advertising. The committee further updates the Bar's Web site with new material and information when needed in order to provide Bar members with as much information as possible to assist them in compliance with the attorney advertising rules.

The committee has been active in assisting other Bar committees this year. The committee continues to serve in an advisory capacity to the statewide grievance committee on lawyer advertising, assisting the members of the grievance committee in understanding the advertising rules and the advertising review process. The committee has also been active reviewing the advertising rules and recommending changes where appropriate.

By far, the most time consuming task of the committee this year, as in past years, has been reviewing advertisements filed by members of The Florida Bar to determine whether they comply with the advertising rules. The committee reviews decisions of its staff regarding lawyer advertisements if the staff 's interpretation of a particular rule or advertisement is appealed by an advertising attorney. Advertisers can appeal decisions of the committee to the Board of Governors if they wish to do so. The committee also provides guidance to its staff and advertisers, pursuant to requests for guidance, in order to foster compliance with the rules and to permit advertisers to accomplish their legitimate advertising goals. The committee works hard to apply the advertising rules fairly to all types of advertisements and to balance the rights of advertisers with the needs and concerns of the public.

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As in previous years, the committee has taken an active role in ensuring that lawyer advertising in Florida is filed with the Bar and is properly reviewed. When complaints are filed with the Bar pertaining to advertisements, committee staff reviews the advertisements to determine whether they have been filed and whether they comply with the advertising rules. Attorneys who have not filed their advertisements as required pursuant to Rule 4-7.7 must pay a $250 late filing fee and may be subject to further discipline from the Advertising Grievance Committee.

The Standing Committee on Advertising is made up of nonlawyers as well as lawyers. We believe that this has contributed substantially to our work and our broad perspective on advertising and marketing. I would like to thank each of our committee members, Rene Gorman (vice chair), John Bales, Sharon Barnett, Natalie Jackson, John Remsen, Michael Seminario, and Ray Casas for their tremendous contribution to the work of the committee.

Finally, the committee thanks our board liaison, Dominic Caparello, who has been an active participant in our work this year, division director Mary Ellen Bateman, and our hardworking staff headed by ethics counsel, Elizabeth Tarbert. Without the participation and hard work of these individuals, the business of this committee could not be accomplished.

HALLEY B. LEWIS III, Chair

Annual Convention

The committee has met several times over the last eight months relative to planning the convention, which will be held at the Boca Raton Resort and Club starting June 18. Our convention theme is "Practicing with Honor."

The diverse committee includes members of all ages and several former convention chairs. A great convention has been planned with a host of strong CLE offerings and outstanding entertainment including the nationally famous political satire group The Capitol Steps, who will perform at the Friday evening dinner on June 20. The committee has raised a record number of sponsorships for the judicial luncheon which will be held on Thursday, June 19. The featured luncheon speaker is Yale Law Dean Harold Koh.

Convention attendees are encouraged to make their reservations early for the events and CLE programs they wish to attend.

SCOTT G. HAWKINS, Chair

Antitrust and Trade Regulation Certification

The Antitrust and Trade Regulation Certification Committee had an active and productive year in 2007-2008. We had at least six well-attended meetings by conference call in which the committee discussed and thoroughly considered various recommendations to revise the qualifications for certification to emphasize more clearly the requirements of experience and education in antitrust law and antitrust litigation. After considering the views of all members, the committee concluded that the existing statement of qualifications for certification should remain unchanged.

The committee also conducted several meetings concerning the importance to The Florida Bar of continuing to recognize antitrust and trade regulation as an essential area for board certification. The committee submitted two lengthy written statements to BLSE evaluation committees regarding the importance of antitrust and trade regulation and recommendations to promote and publicize certification in antitrust and trade regulation to increase applications for certification in this highly specialized practice area.

The committee is grateful to Stacey Piland, Suzanne Dunn, and Dawna Bicknell for their excellent and invaluable support.

KEITH E. ROUNSAVILLE, Chair

Appellate Court Rules

Put 50 or 60 judges and lawyers interested in appellate practice together in a room, tee up topics of current interest to the bench and bar, and you can be sure that a lively discussion will ensue. What do we discuss? Whatever you decide to put on our plate. Although many of our referrals come from the Florida Supreme Court or other judges around the state, any member of the Bar may write the Appellate Court Rules Committee (ACRC) a letter about a topic of concern relating to the appellate rules and a process of referral and study will begin. Sometimes a new or amended rule emerges.

This year has been exceptionally busy with a large and interesting variety of referrals. This year is a reporting year for the ACRC and our triennial report was submitted to the Florida Supreme Court on February 1, 2008. Proposed rule changes include:

* New Rule 9.050 directed to protecting the privacy of personal data by not including certain information from briefs and other court submissions.

* An amendment to Rule 9.130(a)(3)(C)(ii) providing for a right to an interlocutory appeal from orders relating to writs of replevin, garnishment, or attachment.

* An amendment to Rule 9.130(a)(3)(C)(iv) providing for a right to an interlocutory appeal from an order addressing the entitlement to an appraisal under an insurance policy.

* An amendment to Rule 9.130(5) clarifying that motions for rehearing directed to various motions for relief from judgment will not toll the time for filing a notice of appeal.

* An amendment to Rule 9.310(a)(b)(2) eliminating an inconsistency with F.S. Ch. 120, and clarifying the circumstances when a stay of administrative actions is automatic.

* New Rule 9.370(d) permitting potential amici when a party has invoked the discretionary jurisdiction of the Florida Supreme Court to file a notice of intent to file an amicus brief on the merits should the court accept jurisdiction.

Of these proposed amendments, the proposal to amend Rule 9.310(a)(b)(2) has received by far the most attention and comment. The court will have more than a full record on which to judge whether to adopt the amendment after oral argument later this year.

The ACRC was delighted to welcome Justice Wells, who was able to sit in on our Midyear Meeting in Miami. Justice Wells spoke about the rulemaking process from the court's perspective, offering guidance to the committee on what back up materials the court would like to see from the ACRC when it sends proposed amendments to the court. In particular, Justice Wells spoke of the difficulties in resolving conflicts between the statutes and rules and how the committee can be of assistance in resolving such conflicts. He also asked for input from the committee on whether the rulemaking process should be changed from its current adversarial "case and controversy" framework to a more flexible nonadversarial "dialogue" approach.

Lots of interesting referrals are currently being studied by our various substantive subcommittees. These include:

* Clerk of the Supreme Court Tom Hall has sent a referral concerning whether the original record on appeal should always be transferred from the trial to appellate courts. The referral arises out of an unfortunate occurrence where the original record in a death case was lost in transit between the trial court and the Supreme Court. The criminal practice subcommittee chaired by Calianne Lantz has been working on this referral.

* The Commission on Trial Court Performance and Accountability has made a number of recommendations to various rules committees looking for ways to streamline the processing of juvenile dependency and termination of parental responsibility cases. The family law subcommittee of the ACRC, chaired by Denise Powers, is working with the Juvenile Rules Committee to respond to these referrals.

* Electronic filing is coming soon and the rules will have to be revised accordingly. The ACRC has a special subcommittee chaired by vice chair John Crabtree looking at the necessary rules changes.

* Calculation of due dates always remains a concern and our general rules subcommittee chaired by Patrice Talisman is looking at a series of proposals for clarifying deadlines and due dates.

* The Rules of Judicial Administration has been developing rules attempting to balance privacy rights with the right of access to judicial proceedings. Included are procedures for sealing files and seeking appellate review from such orders. Our record on appeal subcommittee chaired by Sandy Solomon has been working with RJA on developing the proper procedures for such review.

My thanks to my hard working vice chairs, John Mills, Fran Toomey, and John Crabtree and our secretary, Dorothy Easley. As I can attest from past experience, secretary of this committee may be one of the toughest jobs there is and Dorothy has done a wonderful job. Thanks also to all of our subcommittee chairs and our many members who volunteer countless hours to further the important work of the ACRC.

STEVE BRANNOCK, Chair

Appellate Practice Certification

The committee spent the vast majority of the year on the time-consuming task of drafting and revising the examination given in March. This year, for the first time, the committee applied new, more detailed specifications for the examination. There were two goals for these new specifications. First, by attempting to make the content and grading of the exam more uniform from year to year, the committee expects the examination to be more consistent over time, thereby ensuring an extra degree of fairness to those sitting for the exam. Second, by giving more detail about the content of the exam to the prospective examinees, the committee believes the specifications will help examinees better prepare for the exam.

The committee also reviewed and debated applications for those seeking to become certified in appellate practice, as well as those seeking recertification. Of particular note, after years of efforts by past committee chairs: E. Jonathan Whitney, Lauri Waldman Ross, Angela C. Flowers, Judge William D. Palmer and John D. Pelzer, the Board of Legal Specialization approved amended rules for attorneys and judges seeking recertification in appellate practice that went into effect this year. The new rules will make it easier for sitting appellate and trial court judges to retain board certification while on the bench, which should further the committee's goal of keeping judges active in the certification program. The new rules will also make it easier for attorneys who have been continuously certified for 14 years in appellate practice to become recertified without having to meet all of the normal requirements. The committee hopes that this change will encourage experienced attorneys to spend more time mentoring younger attorneys without fear that this will harm their chances for recertification.

As of March 2008, there are currently 154 board certified appellate attorneys in Florida. The committee approved 18 attorneys to sit for the 2008 examination, and 15 of those attorneys actually sat for the test. The next examination is scheduled for March 2009.

While all committee members provided dedicated service, I especially want to thank my vice chair, Betty Wheeler, who performed far more than her share of work, and stepped in to cover for me on more than one occasion. Finally, the committee simply could not function without the energy and assistance of Carol Vaught, our staff liaison with the Bar, who makes all of our work possible.

CHARLES F. BEALL, JR., Chair

Aviation Law Certification

The Aviation Law Certification Committee was very busy during the 2007-2008 year. The committee prepared a newly formatted examination that was given in March to a record number of candidates. The results of the examination will be posted in June.

The number of Florida Bar board certified aviation attorneys before this year's examination was 30. We are hopeful that many of this year's candidates will be successful once the examinations are graded pursuant to the holistic method recommended by the Board of Legal Specialization and Education.

It has been the goal of the Aviation Law Certification Committee to work in conjunction with the Aviation Law Committee of The Florida Bar to provide educational opportunities at the various Florida Bar meetings held throughout the year. This year's examination covered aviation litigation, aircraft registration and recording, international treaties and conventions, federal aviation enforcement issues, airport land use, airline labor issues, and space law.

I would like to thank my vice chair, John Eversole, as well as committee members Stewart Goldstein, Brad Hassel, Pat Phillips, Chad Roberts, Bob O'Connell, and Jerry Trachtman for their tireless, dedicated work on behalf of the committee. I would also like to thank Robert Feldman as our BLSE liaison and Brian Burgoon as our Board of Governors liaison. We all appreciate the opportunity to have been of service to The Florida Bar and its members.

JEFFREY R. LUDWIG, Chair

Board of Legal Specialization and Education

The mission of the Board of Legal Specialization and Education is to improve the practice of law and the delivery of legal services to the public through the enhancement of technical skills and substantial competence, united under the highest standards of professionalism. In pursuit of that mission, the BLSE oversees the award of board certification, evaluates and accredits continuing legal education, and ensures all Florida Bar members comply with the educational requirements established by the Supreme Court of Florida.

For all lawyers, continuing legal education is essential. By rule, 30 credit hours must be completed every three years to comply with the continuing legal education requirement (CLER). New members must complete Practicing with Professionalism, along with three basic level programs sponsored by the Bar's Young Lawyers Division to fulfill the basic skills course requirement (BSCR). The responsibility of BLSE is to help our members comply with these rules and to evaluate all submissions for CLE credit. Members are encouraged to discover the convenience of managing their own CLE records through the Bar's Web site.

Beyond the basics of general education is the opportunity for specialization through board certification. Board certification is the single most important validation of a lawyer's credentials by The Florida Bar and, in the words of Justice Harry Lee Anstead, is one of the "jewels in the crown of the Florida justice system." Applicants are evaluated based upon qualifications established by the Supreme Court of Florida as to experience, education, peer review, and examination. Once certification is achieved, standards must be maintained and reviewed every five years. As the insignia of competence, expertise, and professionalism, the certification program serves both the public and the Bar.

To highlight the accomplishment of board certification, progress has continued this year through the work of BLSE's Communications Committee, led by Harry A. Payton along with Lisa Garcia, our public relations consultant. We are proud that online listings for Florida Trend magazine's legal elite and Florida Super Lawyers now identify certified lawyers, and that the BLSE formally adopted a diversity goal statement that is part of The Florida Bar's Diversity in the Legal Profession Final Report. The number of nominations has increased each year for the Justice Harry Lee Anstead Award, presented annually to a board certified lawyer or judge for exemplary professionalism, excellence, character, and commitment to The Florida Bar's certification program. Our Excellence in the Promotion of Board Certification Award, now in its second year, recognizes lawyers or firms that go above and beyond to educate both lawyers and the public about the certification program. Capstone, the electronic newsletter for certified lawyers, has grown in scope to provide news and resources, and we have made user-friendly edits to The Florida Bar certification Web page.

We continue our outreach to consumer reporters and editors statewide to facilitate interviews, public service announcements and consumer news stories focusing on the individual accomplishments of our certified lawyers. We also have expanded our lists of certified lawyer media relations volunteers, posted on The Florida Bar Web site by judicial circuit. Our consumer public service announcement and news release were translated and disseminated to all Florida Hispanic print, television, and radio outlets. Our presence has been enhanced at Florida Bar meetings, including a reception open to all Bar members interested in learning more about certification. This event is hosted by BLSE and in the past has been graciously sponsored by Florida Lawyers Mutual Insurance Corporation. We have improved our informational brochures; the Young Lawyers Division has helped facilitate an increased presence for board certification at its Practicing with Professionalism seminars; we have increased speaking engagements before law schools and voluntary bar associations; and, we are looking for ways to establish a mentor base to provide guidance to new lawyers.

We are now in the process of marketing our Polish Your Practice CLE seminar as a service to voluntary bar associations as a way to raise awareness about board certification and its professionalism elements, and we are exploring additional ways to raise the program's profile through a logo redesign, educational Web site videos, and events and publicity to celebrate the certification program's 25th anniversary.

In commemorating our anniversary, we are proud the Florida certification program is the nation's leader in providing opportunities for specialist recognition for so many members of our Bar. Clearly, our Supreme Court finds value in board certification as evidenced by the program's expansion over the past 25 years. We are hopeful adoption law and education law will soon be added to the program to further increase public access to experienced and qualified lawyers and to raise the bar for all who practice in these areas.

Professionalism is as important to board certification as is technical competency and the BLSE is ever mindful of its obligation to the public and the Bar. The certification committees carefully review applicant qualifications, including peer review from both lawyers and judges, to make recommendations to the BLSE. If a committee recommends denial, the BLSE's Standards Committee, under the experienced direction of Judge Martin Kahn, is the first level of review. The Standards Committee then meets with the board to discuss the recommendation and the content of the file. The review process strives to give applicants as much information as possible about the basis for denial, while protecting the confidentiality of peer review.

Lawyers who are granted board certification are likewise reminded that the BLSE takes seriously the high standards of professionalism. Each lawyer certified has the special responsibility to maintain the integrity of the certification program through their own personal commitment to professionalism. The public is entitled to rely upon the program's purpose and BLSE is committed to preserving the program's integrity.

We are also ever attuned to the evolving nature of the practice of law by attention to the standards for each area. Under the capable leadership of Robert Feldman, our Rules and Policies Committee scrutinizes all amendments prior to BLSE review. Ch. 6 of the Rules Regulating The Florida Bar and the BLSE's policies govern the program and its procedures and through the fine-tuning of our rules committee, we constantly strive to improve our process and to ensure area standards are attainable.

Ideas for change and program enhancement are always welcome and to that end the BLSE has continued its tradition of hosting a leadership conference each November with invitations extended to all the certification committees and Bar section officers. As part of the conference, the committee members benefit from an examination workshop led by our testing consultant, Dr. Sue Legg, associate director of Instructional Resources at The University of Florida. Dr. Legg offers training and instruction on exam preparation, grading, and helps each committee develop and update test specifications. Through her efforts, the committees focus on the correlation between the exams and the expertise expected of lawyers who become board certified.

Consistent with the hallmark of leadership among certified lawyers, we were fortunate during last year's conference to hear from Jim Rinaman who entertained attendees about his personal quest of obtaining board certification in civil trial during its inaugural year in 1982, while also serving as Bar president. Past president Hank Coxe also offered his ongoing support with encouragement to continue our good work. Overall, the feedback was overwhelmingly positive and many expressed appreciation for BLSE's efforts to elicit input from Bar sections as well as its own certification committees.

Without question, BLSE is driven by the dedication of those who serve. Departing board members Howard Payne, Chris Knopik, Judge Martin Kahn, and Harry Payton deserve special commendation for their six years of service and for the integrity and fairness they have brought to the deliberations of the board during their tenure. And, of course, our special thanks go to Dawna Bicknell, our director of legal specialization, and each member of her hardworking staff. Without their outstanding work, these programs would not be possible.

It has been a privilege to chair BLSE this past year and I am grateful for the commitment and hard work of all who have served with me.

MICHAEL G. TANNER, Chair

Business Litigation Law Certification

The area of business litigation certification was approved by the Florida Supreme Court in 1996 and currently numbers 197 certified business litigation law attorneys.

Business litigation is the practice of law dealing with the legal problems arising from commercial and business relationships including litigation of controversies arising from those relationships. Business litigation law includes evaluating, handling, and resolving such controversies before state courts, federal courts, administrative agencies, mediators, and arbitrators.

To qualify for the business litigation law certification exam, attorneys must be a member of the Bar for five years; be engaged in the full-time practice of law; and be substantially involved (at least 30 percent) in business litigation law for the last three years of their practice. Attorneys seeking business litigation law certification must also complete at least 50 hours of advanced continuing legal education of approved business litigation law credits and pass a stringent peer review process. All currently certified attorneys must apply for recertification every five years. The Board of Governors recently approved an amendment to the rules governing recertification for attorneys that have been continuously certified as a business litigation lawyer for a period of 14 years or more, adding a provision for waiver of the evidentiary hearing criteria. The amendment is consistent with existing provisions in other certification areas and recognizes the instructional and mentoring role that experienced attorneys often assume. Attorneys interested in applying for board certification in business litigation may find the rules, policies, and exam specifications on The Florida Bar's Web site.

The committee met in person three times and via telephone conference twice for a total of five meetings this year. During these meetings, the committee reviewed 14 initial applications and 82 recertification applications. In addition, members worked diligently on drafting and reviewing the exam for initial applicants. Members of the Business Litigation Law Certification Committee include James M. McCann, vice chair; Joseph A. DeMaria; William F. Hamilton; Alfred A. LaSorte; Howard P. Ross; Robert W. Wilkins; and David C. Willis.

STEVEN R. REININGER, Chair

City, County and Local Government Law Certification

There are 177 board certified city, county and local government law attorneys in Florida, and the City, County and Local Government Law Certification Committee remains committed to encouraging board certification. During the last year, 26 attorneys applied for initial certification, and 27 attorneys applied for recertification.

Committee members devoted numerous hours to the review and approval of initial applicants to sit for the exam. A major component of the application review is the peer review process. Multiple peer references are obtained and evaluated for each applicant. The committee extends its gratitude and appreciation to all those Bar members, especially members of the judiciary, who have taken the time to complete the peer reference forms. Our work cannot be done without your continued participation in the board certification process.

Additionally, committee members devoted a substantial amount of time reviewing, updating and revising the city, county and local government law certification exam, to ensure it remains fair, challenging, and relevant.

As chair, I express my gratitude to all members of the committee, who devoted countless hours individually and during meetings and were always prepared to conduct committee business. Special thanks go to vice chair, Frank Bartolone, for his assistance. Finally, and on behalf of the committee, I thank our certification specialist, Michele Acuff. Michele's efforts ensured our committee members' time and effort were well spent, and she was tireless in keeping us on deadline.

SUZANNE D'AGRESTA, Chair

Civil Procedure Rules

The Civil Procedure Rules Committee evaluates proposed changes to the Florida Rules of Civil Procedure. The requests come from a variety of sources including the Florida Supreme Court, attorneys, nonattorneys, judges, and other rules committees. The majority of this committee's work is done within subcommittees that research, evaluate and debate the issues raised by the proposed change, then report to the full committee. This year we addressed over 25 proposals at each of our committee meetings. Due to the space limitations of this report, only a few brief highlights of this committee's work will be listed below.

In September 2007, the Supreme Court adopted several rules proposed in the regular cycle report of the committee. Only proposed Rule 1.526 (testimony regarding attorneys' fees) was not adopted. In October 2007, the Supreme Court adopted several rules proposed by this committee in response to the Jury Innovations Committee of The Supreme Court's Management Counsel, including Rules 1.200(b) and 1.455 (juror notebooks), Rule 1.452 (questions by jurors), Rule 1.470(b) (written jury instructions and final instructions before closing argument). Thank you to all the committee members, past and present who worked diligently on these issues.

This year the committee passed, in final form, amendments to Rule 1.080(b) (service by facsimile after 5:00 p.m.); Rule 1.340(a) (clarifying that a party does not have to propound every one of the standard interrogatories); Rule 1.420(d) (costs against one of multiple parties); Rule 1.525 (motions for attorneys' fees and costs); and amended Form 1.985 and incorporated it into Rule 1.470(b) (jury instructions).

The Florida Bar's Attorney-Client Task Force requested review of several issues by this committee and as a result, the committee has passed a proposed rule regarding the inadvertent disclosure of work product and is expected to vote on the rule in final form before the end of the year. This request was handled on an expedited basis. Mike Kiernan who chaired the subcommittee and all the members of his subcommittee deserve special recognition for their work on this issue.

Over the years, this committee has received multiple requests for changes to Rule 1.442 (proposal for settlement). This year has been no exception and the committee continues to thoroughly evaluate those proposals.

Changes to Rules 1.351 and 1.410 to permit service of nonparty subpoenas by Federal Express or overnight mail are being considered. Many thanks to vice chair Jim Peters who has worked diligently on this and many other issues.

An ongoing project of this committee is the study of rules affecting electronic discovery. A special thanks to Lawrence Kolin who has spearheaded this subcommittee and established a Web site for comments by members of the Bar.

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The federal rules recently underwent revisions including changing the mandatory language in its rules from "shall" to "must." This committee is also studying whether similar changes should be made in the existing Florida Rules of Civil Procedure and the mandatory language to be used in future rules. Donald Christopher is chairing the subcommittee on this arduous task.

Every year a large number of attorneys seek to join this committee. The time commitment and level of participation of the working members of this committee is truly extraordinary and it could not work as effectively without the dedication of the members. It has been a privilege and honor to work with so many talented members of the Bar in chairing this committee, whose names are too numerous to mention here.

The committee extends a special thanks to Alfred Saikali, who had the arduous task of keeping the minutes. The vice chairs, Don Peters, Judge Juan Ramirez, and Jack Scarola (who also chaired the Drafting Committee), were invaluable to the committee this year. Also, a special thanks to Judge Ralph Artigliere and Judge Hugh Carithers who spent many hours working on issues that had been expedited. Keith Park, the past chair, provided support and guidance as well as institutional memory and his presence will be greatly missed as he is termed off of the committee this year. A special thanks to all the committee members who also will leave the committee this year due to term limits. The loss of their institutional memory is irreplaceable.

This committee has 72 members. Madelon Horwich, the Bar liaison is exceptional. Her service and organization of this committee and ability to keep abreast of the numerous pending issues is nothing short of remarkable. This committee and the Bar is lucky to have such dedication.

I would also add a personal thanks to my assistant, Kim Hathy, without whose help I would not have been able to effectively chair this committee.

CORINNE C. HODAK, Chair

Civil Trial Law Board Certification

The area of civil trial law certification was approved by the Florida Supreme Court in 1983 and currently numbers 1,096 certified civil trial law attorneys.

Civil trial law is the practice of law dealing with litigation of civil controversies in all areas of substantive law before state courts, federal courts, administrative agencies, and arbitrators. In addition to actual pretrial and trial process, civil trial law includes evaluating, handling, and resolving civil controversies prior to the initiation of suit.

To qualify for civil trial law certification exam, attorneys must be a member of the Bar for five years; be engaged in the full-time practice of law; and be substantially involved (at least 50 percent) in civil trial law for the last three years of their practice. Attorneys seeking civil trial law certification must also complete at least 50 hours of advanced continuing legal education of approved civil trial law credits and pass a stringent peer review process. All currently certified attorneys must apply for recertification every five years.

The committee met five times this year. During these meetings, the committee reviewed 40 initial applications and 113 recertification applications. In addition, members worked diligently on drafting the exam for initial applicants. Members of the Civil Trial Law Certification Committee include Robert Palmer, III, chair; Fred Tromberg, vice chair; Jeffrey Cohen; Susan Cole; David Deehl; David Gallagher; Henry Hunnefeld; Mark Leibowitz; and Matthew Mudano.

ROBERT PALMER III, Chair

Clients' Security Fund

The Clients' Security Fund (CSF) was established to reimburse clients who have suffered a loss of their money as a result of misappropriation, embezzlement, or other wrongful taking or conversion by a member of The Florida Bar. The maximum award on any claim is $50,000. The fund also reimburses clients up to $2,500 for legal fees when the attorney fails to provide any useful services. Claims are filed in writing by the former client, reviewed by Bar staff and, when appropriate, referred to a member of the Clients' Security Fund Committee for investigation. When the investigation is completed, the member submits a written report for consideration by the CSF committee. The committee may approve or reject the claim, or may approve a lesser amount than that claimed, before submitting the claim to the Board of Governors for final consideration.

The committee is made up of 24 attorneys appointed from all regions of Florida by the Bar's president. The committee meets four times during the year. Committee hearings are confidential; however, final action on claims is subject to disclosure.

Attorney dishonesty often follows serious personal financial problems associated with alcoholism, drug addiction, and/or gambling addiction. Regardless of the reason, defalcations by attorneys profoundly damage the public trust in members of the Bar and the legal system. The Bar's Lawyer Regulation Department helps protect the public by suspending or disbarring such attorneys when appropriate. Yet this does not help compensate the client victims of these attorneys. This is the role of the Clients' Security Fund.

Too often, the image of the entire legal profession is tarnished by the acts of a few members. Indeed, claims are made against less than one percent of Florida lawyers. However, victims do not suffer their losses in isolation, but they influence the thinking of family members and friends as well. During the past year, I had the opportunity to speak with friends and family of persons whose claims had been approved and paid by the CSF. They frankly did not think that they'd ever see any of their lost money again, and to have The Florida Bar approve and pay the claim was priceless to them. Though our compensation did not completely right the wrong that had been done, these people had a renewed confidence and optimism about The Florida Bar and our profession.

The Clients' Security Fund is financed by $20 of every Bar member's annual dues. The fund has over $1.5 million budgeted for FY 07-08 to pay claims. In the last fiscal year, the committee approved and paid more than $900,000 on claims. Since its inception, the Clients' Security Fund has paid over $18 million on almost 8,000 claims.

During the past year, the Bar has refined and focused its efforts in making the committee an effective and efficient body to investigate and review claims. The committee was assisted by the invaluable efforts of Suzanne Dunn, former CSF coordinator, who is now serving the Bar as a certification specialist in the Legal Specialization and Education Department, and P.J. Osborne, the new CSF coordinator. The Bar also enlisted the efforts of Don Spangler, the director of the Attorney-Consumer Assistance Program, and Tony Boggs, former director of the Legal Division, in refining procedures and forms used in the CSF process. And last, but certainly not least, the Bar has given oversight of the Clients' Security Fund Program to Mary Ellen Bateman, division director of UPL, Ethics, and Special Projects, and Lori Holcomb, director of UPL and CSF. As a result, the committee will enter the 08-09 Bar year with an abundance of staff support and experience, as well as refined and efficient policies and procedures.

The work of the committee is one way to mitigate the harm done by dishonest and troubled attorneys, improve the public's perception of the Bar as a whole, and restore confidence in the profession. I extend my thanks to our diligent committee members, and to the Bar's staff, who support the committee so effectively.

BARRY RIGBY, Chair

Code and Rules of Evidence

The Code and Rules of Evidence Committee deals with proposed changes to the Florida Evidence Code. These changes must be enacted by the Florida Legislature, then adopted by the Florida Supreme Court as rules of procedure. This is because the Florida Evidence Code has a dual nature. The substantive evidence provisions are found in F.S. Ch. 90 consisting of statutes adopted by the legislature. The enactments are then reviewed by the Florida Supreme Court, and to the extent they are procedural, they are adopted as rules of procedure. Thus, the committee carefully monitors all proposed changes to the Florida Evidence Code suggested by the legislature and, after seeking permission from the Board of Governors, can lobby the legislature to make or refrain from making changes to the evidence code. This year we also engaged in a comprehensive internal review regarding the scope of the committee's work, with the goal of continuing to cooperate with the legislature while preserving the committee's independence and obligation to advise the Supreme Court on procedural matters.

The Florida Bar's Attorney-Client Privilege Task Force asked the committee to review and make recommendations regarding 1) waiver of the attorney-client privilege through inadvertent disclosure, and 2) discovery of draft expert reports and communtications. Chair of the ad hoc subcommittee, Steven Yermish, led the subcommittee through a detailed analysis of the proposal. A unanimous recommendation was made to leave Rules 90.502 and 90.507 unchanged in that they adequately address the relevant privilege and waiver issues, but to provide any needed clarification of the rules via a committee note.

As of April 1, 2008, the Fast Track Legislative Committee voted to oppose one proposed bill for the 2008 legislative session: SB 1448, which proposes substantial changes to the evidentiary standard for admissibility of expert testimony. The committee's strong opposition to the bill was approved by the Board of Governors and the committee was authorized to lobby against it's passage. We will continue to monitor proposed legislation.

An advanced seminar is planned for spring 2008.

The chair thanks the hard working subcommittee chairs and all members for their enthusiastic participation, but in particular notes the hard work of Wayne Hogan and Donny MacKenzie as legislative subcommittee chairs, Steven Yermish and Judge Kevin Emas for their tremendous efforts on the above-referenced task force project, Carolyn Iovino for organizing the proposed advanced seminar, and the insight provided by Judge DeeDee Costello, immediate past chair. Ann Chittenden's help is greatly appreciated and thanks are given for her efficiency, institutional memory, and readiness to assist.

JUDGE AMY KARAN, Chair

Construction Law Certification

Now in its fourth year, the Construction Law Certification Committee has a lot to celebrate. There are currently 165 attorneys certified in the area of construction law and 45 attorneys scheduled to take the examination on May 16. The Construction Law Certification Committee remains committed to encouraging board certification among Florida's attorneys. Throughout its existence, the committee has successfully drafted a thorough and fair certification examination, and the passage rate for the examination has remained fairly consistent from year to year. Given the broad range of topics facing practitioners in this practice area, the committee is proud that a clear majority of those qualified applicants sitting for the examination do in fact, become board certified.

On March 7-8, there were 100 plus attendees at the certification review course/advanced construction law seminar in Orlando. This course or an annual convention of the RPPTL Construction Law Committee, while not a direct product of the certification committee itself, is intended to be an annual gathering of "hard hat lawyers" for CLE and review/discussion of current construction law issues.

The committee members for 2007-2008 included Bruce Alexander (chair), Peter Brandt, Jr., Robert Emmanuel (vice chair), Larry Leiby, George Meyer, Diane Perera, Michael Sasso, Warren Tripp, and Ed Whelan. The committee is thankful for our staff liaison, Zina Jackson, who can be reached at ajackson@ flabar.org.

BRUCE GILMOUR ALEXANDER, Chair

Consumer Protection Law

The Consumer Protection Law Committee focuses on studying Florida consumer protection laws and helping the consumer public and the Bar become better informed about the laws that protect them.

During the 2007-2008 Bar year, the committee worked hard to provide consistent and clear consumer protection messages through the Bar to the public.

On June 20, the committee, guided by member Victoria Butler and her subcommittee, will host a half-day CLE in conjunction with the Annual Convention titled Protecting Consumers from Housing Havoc. Four speakers will address the legal ramifications of the sub-prime lending and current housing crisis, which has Florida reeling with the second-highest foreclosure rate in the nation.

Last year at the Annual Convention, the committee put on a half-day CLE titled Litigating Consumer Cases in Arbitration and Court: Practical Lessons for the Defense and Plaintiff Bar. The committee used part of the $5,000 it received to present the CLE as a Presidential Showcase to have it video- and audio-taped so that those unable to attend the seminar could purchase it and receive credit. As of early April, 50 copies have been purchased.

As part of its on-going outreach to the Hispanic community, which is underserved legally in Florida, on behalf of the committee The Florida Bar Journal published "Consumer Protection in the Hispanic Community" in February. Written by committee member Lisa Raleigh, the article examined the risks to Hispanic consumers when purchase agreements for everything from payday loans to cell phone service contracts to automotive purchases are only in English--a language many of those making the purchases cannot read comprehensively.

Unfortunately, the committee was not successful in its effort to receive a Florida Bar Foundation grant to pay for a radio campaign aimed at Hispanic consumers to make them both aware of their legal rights and that The Florida Bar has consumer pamphlets in Spanish that could help them. Yet through the work of the Public Information Department's Mirieth Valenciano-Marin, one radio station in Miami ran the five ads as a public service during National Consumer Protection Week, March 2-8.

Also on Hispanic outreach, the committee is seeking to work with the Cuban American Bar Association in hopes that a joint effort can be undertaken to educate Hispanics about their legal rights.

Various committee members wrote letters to the editor for publication during national Consumer Protection Awareness Week, with the Miami Herald publishing one pointing to resources available to consumers on The Florida Bar Web site as well as on the attorney general's Web site.

Under the guidance of committee member Leon Armbrester, the committee updated its mission statement to more accurately reflect its work of studying and strengthening consumer protection laws and educating the public about their consumer rights. The revamped mission statement, which will go to the Board of Governors for approval, addresses the committee's goal of offering technical assistance memoranda to lawmakers as they consider legislation that could affect consumers.

LAURA J. BOECKMAN, Chair

Continuing Legal Education

The mission of the Continuing Legal Education Committee is to assist the members of The Florida Bar in their continuing legal education and to facilitate the production and delivery of quality CLE programs and publications for the benefit of Bar members in coordination with the sections, committees, and staff of the Bar, and others who participate in the CLE process.

With that in mind, the focus of the committee this year has been on helping the sections, each of which are represented on the committee, to produce the best CLE programs possible.

A retreat was held to work on techniques for production of quality CLE programs. Topics covered included the use of the quality coordinator, the effective use of written materials and visual aids, and choosing and working with speakers. The retreat also allowed for extensive discussion of the use of technology and how those in attendance at CLE seminars evaluate the program. One portion of the retreat was devoted to the misuse of PowerPoint, and how that technology can hurt or help a presentation.

The retreat was very successful, allowing for an exchange of ideas between new and veteran members of the committee in a setting without time constraints. The ideas discussed at the retreat were presented to the committee members in attendance at the January meeting, again emphasizing the effective use of technology, materials, and speakers in connection with CLE programs.

The move toward new ways to present programs and deliver materials continued this year. More sections are using alternative formats such as hour long Lunch and Learn programs, Webinars, and phone seminars. Delivery of written materials may be by mail (in the form of printed materials or a CD), e-mail attachment, or download from a Web site. The consensus of the committee was that in the future there will not necessarily be one best way to deliver materials, but a number of ways that will meet the needs of different people. By understanding the varying needs of the members of The Florida Bar, the Continuing Legal Education Committee can fulfill its mission to facilitate the production and delivery of quality CLE programs.

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Thank you to vice chair Paul Auerbach, and the Bar staff, particularly Terry Hill, Yvonne Sherron, Craig Shaw, and Gerry Rose for your support and assistance.

COLLEEN COFFIELD SACHS, Chair

Criminal Law Certification

This year, the Criminal Law Certification Committee continued in its exciting and challenging endeavors. Charged with the responsibility of administering and applying the certification rules and policies for both criminal trial law and criminal appellate law, the committee's major activities have been reviewing files of new applicants, drafting questions for the annual examination, grading the examination questions, and reviewing files of applicants for recertification.

The committee instituted several changes in exam format, including changes in examination policy and a renewed emphasis on objective scoring on multiple choice questions.

There are currently 413 board certified criminal attorneys. Of these, 351 are certified as criminal trial specialists, and 62 are certified as criminal appellate specialists. This year, the committee reviewed the files of 45 criminal trial and four criminal appellate certification applicants, approving 46 to sit for the May 16 written examination. The committee also examined the files of 68 recertification applicants for 2007.

The Application Process. As always, the committee worked diligently to balance the need for well-qualified attorneys to become and remain board certified with the need to maintain the high standards expected of board certified criminal trial and appellate attorneys. Applicants were evaluated to determine whether they meet certification requirements of 1) substantial involvement in criminal trial or appellate law; 2) had acceptable peer review; 3) had satisfied CLE requirements; and 4) had met trial requirements for certification or recertification. More recent definitions for initial certification allow use of litigation under the Jimmy Ryce Act (which authorizes the involuntary commitment of sexual predators) to meet some, but not all, of the trial requirements for initial certification. State and federal habeas corpus proceedings and some nonjury proceedings that involve demonstratively substantial court activity, as well as involvement in protracted litigation, may now be used to meet recertification trial standards, all at the discretion of the committee. The committee consistently reviewed each application with diligence, attempting to certify as many qualified attorneys as possible, without undermining the substantial involvement in criminal law requirement.

Adding additional challenge to the task this year were the newly approved changes to the trial requirements for recertification. In recognition of the fact that many training attorneys, white-collar criminal practitioners, and other certified attorneys, who are otherwise fully worthy of retaining certification, may not be able to meet the recertification trial requirements, the committee is now able to review the accomplishments and practice of the recertification applicant with more discretion.

In assessing the files of new and recertification applicants, the committee devotes a substantial amount of time and energy to the peer review process. Peer references are obtained and evaluated for each applicant. If, taken as a whole, the references raise questions about the applicant's professionalism or trial skills, the committee often solicits additional references from peers, including judges before whom the applicant has practiced. When it is determined that enough information has been collected to evaluate the applicant fairly, the committee votes to accept or reject the applicant.

Changes This Year. The committee once again addressed the possibility of exploring certification of federal criminal practitioners. Unfortunately, it was not believed that this talented pool of specialists could support a separate certification area. Practitioners who have interest in this area are invited to contact our Bar staff with comments.

In a groundswell of change, the scope of which has not been seen in recent times, the committee has voted to change the format of the current test. Rather than five long essay questions, the committee has adopted the format of five groups of short answer questions. Each group calls for six short answers, each requiring issue identification, development, and resolution. Although this format may require a more intensive grading process, the committee felt that this different method of testing will allow applicants a broader opportunity to showcase their skills. Thus, the applicant will have six short answer groups from which they may choose five (three are to be answered in the morning and the remaining two in the afternoon session).

The applicant will also find that the exam still contains 50 multiple choice questions. However, the committee has conducted a careful vetting of the questions to be used, the goal of which is to bring more objective standards to the administration and grading of this portion of the test. Thus, the trial examination consists of six groups of short answer questions (five of these groups must be answered) and 50 multiple choice questions. The appellate examination consists of the same short answer questions, but different multiple choice questions geared toward the appellate practitioner.

Farewell from the Chair. This year, the committee has been comprised of Joe Bodiford, David Fussell, Allyn Gimbalvo, Lori Palmieri, vice chair Kepler Funk, Cass Castillo, past-chair Craig Crawford, and chair Richard Hersch, all working hard on drafting new questions for the 2008 examination.

The committee extends its gratitude and appreciation to all those Bar members, especially members of the judiciary, who have taken the time to complete the peer reference forms on behalf of the applicants this year. Our work cannot be done without your continued participation in the board certification process.

As a final note from the out-going chair, a personal recognition must be given to members of this and all certification committees. Invisible as it may be to Bar members as a whole, this process is extremely work-intensive. Files cannot be vetted and exam questions drafted and graded without a tremendous time commitment from committee members. The members of the Criminal Law Certification Committee have stepped forward and selflessly offered their time and work. Their generosity and expertise is appreciated and should be commended.

Finally, in well over 20 years of participation in numerous Bar committees and projects, this out-going chair has found that working with Bar liaison Linda Cook and her staff to have been the most efficient and enjoyable experience of all. Linda has quietly, but consistently, shown her commitment, humor, enthusiastic support, and guidance, despite the enormous amount of work and responsibility she and her staff shoulder. Thank you, from me and the whole of the committee.

RICHARD HERSCH, Chair

Criminal Procedures Rules

The Criminal Procedure Rules Committee serves faithfully the principle that how a society treats its outcasts--the least among it--says perhaps the most about the type of society it is and yearns to become.

Judges, prosecutors, defenders public and private, and legal educators alike compose this balanced lot of liberty professionals who toil in earnest to implement, harmonize, and, when compelled, discount legislation, precedent, and decree, in order to foster a criminal justice system that fairly punishes guilty people and does its best to set innocent people free--challenging tasks all in an increasingly punitive, fiscally challenged environment where, as has been noted, it is all too easy to turn away once "the door is locked against the prisoner."

This year the committee has considered some 30 referrals, highlighted by a "master review" of all our procedural rules for amendments relating to substance, placement, syntax, and grammar, as well as any forms that may have become obsolete by operation of statute, case, or rule; a Herculean analysis of our post-conviction relief process, in conjunction with Judge O.H. Eaton, Jr., Judge Chris William Altenbernd, and the court's Criminal Court Steering Committee; rule implementation required by the Jessica Lunsford Act, the Anti-Murder Act, and the Adam Walsh Child Protection and Safety Act; working with the Court's Jury Innovations Committee--a project which, when begun in 1999, was called "the most comprehensive review and thorough evaluation of Florida's jury system in the history of this state"--to address standardized juror questionnaires, juror questions, notetaking and notebooks, juror time management, the giving of final instructions before closing argument, judicial answers to deliberating juror questions, juror impasse, and post-verdict discussions; working with the Rules of Judicial Administration and Appellate Court Rules committees, as well as the court's committee on Access to Court Records to maintain privacy by eliminating unnecessary disclosure of personal information--to the Internet in particular--including a thorough review of the evidence code, the matter of "secret dockets," and the sealing and expunction of criminal history records; whether to mandate a colloquy over the dangers of self-representation at the plea stage of proceedings; whether to authorize the state's moving pretrial for rehearing, and in turn tolling the time to file an interlocutory appeal; whether to permit presentation of additional jury argument in order to avoid juror deadlock, as a California procedure provides; whether to streamline the initiation of the appellate process, as a Michigan procedure provides; whether motions for pretrial detention need to be in writing; whether a motion to withdraw a plea after sentencing (and before appeal) is a critical stage or collateral, so as not to require appointment of counsel; whether to create rules and forms to facilitate the return of personal property in criminal cases; and working with the Steering Committee on changes to the criminal punishment code worksheet, on Judge Eaton's Seminole County First Appearance Manual, and on the clerk's new form application for indigent status. Even double-sided printing and copying came across our radar screen. A sign of the times.

In addition, on its own accord, the committee has determined to utilize all of its talent and resources to form two workgroups--one on discovery reform, another on sentencing reform--the reports and recommendations of which are slated for the Annual Convention in June and which should spark significant movement, in all our branches.

Of special significance has been the committee's discussion whether justice requires that first appearance hearings be staffed both by prosecutors and public defenders--a seemingly straightforward process that is not uniformly practiced across the state. As this year-end summary goes to press, the committee stands poised to continue this great debate at the Annual Convention. To be sure, the dialogue has rendered true Gideon moments--Gideon now 45 years past--the likes of which are not often experienced in modern criminal justice, and heartening in that we know now for sure that somewhere, in some Bar meeting room 45 years from now, and 45 years from then, the great debate to form that more perfect union shall continue.

The committee's work and message can only be as significant and impactful as its individual members, together on liberty--in particular its leaders, and to them I give deep thanks: subcommittee chairs Joel Silvershein, Judge Alan Lawson, Judge Carey Haughwout, Judge Bob Dillinger, Fleur Lobree, Angelica Zayas, Judge Ron Higbee, and Judge Jay Cohen, who handle our referrals at ground level; Judge Lawson, Ms. Haughwout, Mr. Dillinger, Mr. Silvershein, Ms. Zayas, and Waffa Hanania, who scour our courts' opinions each week for new direction; our parliamentarian, Judge Lawson, who ensures we abide Robert and his rules; our liaisons to the Rules of Judicial Administration and Appellate Court Rules committees, respectively, Judge Jon B. Morgan and Ms. Lobree, who represent our interests abroad; our vice chairs, Judge Cohen, Bill Vose, and Doug Duncan, who unfailingly supervise it all; and our minutes and vote recorder, Monique Richardson, who unswervingly documents it all. Florida is better for each of you.

My gratitude extends equally to Justice Wells, our Florida Supreme Court liaison, for his input and gentle guidance; to Justice Cantero, wisely keeping at us to discern what is procedure and what is not, particularly when responding to statutory change; to David Rothman, steady and steadfast, our learned Board of Governors liaison; to Jodi Jennings, our new bar liaison, for keeping us on time and on course; to Judge Eaton and the Steering Committee for embracing us in our common struggle to bring people justice; and to Bar President Angones, for entrusting to me this incredible opportunity to serve.

Last, a personal note. For too many (but not enough) years to remember, this committee--among others--operated under the quiet, cool leadership of Gerry Rose. For him, no task was too difficult or mission too tiring to work through; no storm too intense to clear; no dream unworthy of pursuit--with benefit to the horizon. For every chair, Gerry was the "go to" guy, our institutional memory, who understood what Thurgood Marshall meant by "the law can open doors and knock down walls, but it cannot build bridges." Gerry's grace, dry wit, and subtle charm served to complement the committee's powerful call: by day's end, to do more good than harm. And, as for telling truth to power, well, let's just say that Gerry was just the right person for that job, too.

With retirement long and well earned--thanks, good luck, and goodbye. Know that your absence will be sincerely felt, for generations of rules--of people--to come. Be peace, friend.

And so we go.

H. SCOTT FINGERHUT, Chair

Education Law

The mission of the Education Law Committee (hereinafter ELC) is to bring together the leading attorneys in the specialized field of education law to review existing areas of education law, to study recent developments in this area of practice, and to keep the members of the Bar informed of significant developments in this practice area.

The ELC is a substantive law committee of The Florida Bar that meets three times a year during the meetings of The Florida Bar. This committee is composed of lawyers who practice in the areas of education law from at least four distinctive perspectives: university defense counsel, school districts defense counsel, parent and student advocates, and labor union representatives. These lawyers practice in a variety of forums from administrative, circuit, federal, and appellate courts, to counseling clients and serving as mediators under the umbrella of education related issues.

In order to achieve its mission of studying recent developments in education law and sharing them with the members of the Bar, the committee has continued to provide CLE credits at its quarterly meetings via seminars from experts in the field through the efforts of vice chair Joel Berman, who chairs the CLE subcommittee. Additionally, the Education Law Journal, which was first published in 2002 as the first online journal of The Florida Bar, continues to thrive under the energetic leadership of its editor-in-chief, Patrick Whitehead, who instituted a new section in the Journal, which provides summaries of recent cases affecting the practice of education law. All issues of the Journal may be viewed at www.floridabar.org. From the home page, click on Links, then Committees, then Standing Committees, and then Education Law under the heading of Substantive Law Committees, or by using the following url: www.floridabar. org/DIVEXE/BD/CMStanding.nsf/ 2021e58ed0c7505585256e45004b0 60d/6c8742a7983f153785256c5b 00554836?OpenDocument.

Another significant accomplishment by the ELC this year was to complete the approval process of the education law petition by the different committees of The Florida Bar. There was unanimous approval by the Board of Legal Specialization and Education (BSLE). Subsequently the Petition was approved by the Program Evaluation Committee (PEC), and by the Board of Governors on the required two readings. These approvals are the result of the tireless efforts of the ELC leadership, and recognition of the importance this area of specialization has achieved in the past few years. The next stage is submission of the petition to the Florida Supreme Court, upon that approval, the Bar will have a new area of legal specialization. Our committee continues to be indebted to Dawna Bicknell, the director of BLSE, for her guidance throughout the certification process.

As this year draws to a close, the ELC, through the efforts of its members, continues to grow in its seventh year of existence. We anticipate having a new area of specialization in education law where attorneys in our profession will be able to stand out as leaders in the education field and enhance their competence and professionalism.

As I conclude my year as chair, I am inspired by the efforts of so many of the members of our committee. These hardworking lawyers distinguish themselves as they devote their time and energy to strive at making our profession better. In particular, I would like to thank the vice chairs Usher "Larry" Brown and Joel Berman; Patrick Whitehead, editor of the Education Law Journal; Edward Marko and Michael Boswell, co-chairs of the Membership Subcommittee; and members Virginia Tanner-Otts, Barbara Myrick, and Michael Cramer for their work in drafting and editing the ELC handbook.

MARYLIN BATISTA-MCNAMARA, Chair

Elder Law

The 2007-2008 Elder Law Certification Committee members included: April Hill (chair), Vicki Bowers (vice chair), Randy Bryan, Linda Chamberlain, Richard Greatwood, William Johnson, Christopher Likens, Beth Prather, and Stephen Quinnell. Currently there are 73 board certified elder law attorneys.

Activities of the committee for this past year are as follows:

* Met in person three times and via telephone conference call twice;

* Approved of nine applicants to sit for this year's exam, though only seven applicants chose to take the exam;

* Wrote and categorized questions and prepared exam;

* Reviewed and approved one recertification application; and

* Two members represented the committee at the BLSE leadership workshop at the Grand Bohemian Hotel in Orlando.

Challenges to the Committee. This year, the committee began tackling the challenge of promoting board certification in elder law. After the BLSE began examining committees with less than 75 members, the Elder Law Certification Committee took an active roll in brainstorming promotional activities. Elder law is an area of law that is becoming increasingly needed as the state's elder population grows. Next year, the committee will be recertifying its inaugural group of attorneys, those who became board certified in 1998. In addition, nine attorneys were approved to sit for this year's certification exam. The committee is pleased to see the increased interest in this important certification area, and plans on watching the area expand well into the future.

APRIL D. HILL, Chair

Family Law Rules

The committee begins each new year with consideration of whether statutory changes require amendments to the rules and forms. There is a short time frame for resolving these issues because most statutes are effective on July 1, while the first meeting of the new committee is in June. This year, a Fast Track Subcommittee is monitoring proposed legislation so that the Rules Committee can react to any changes sooner.

In 2007, the rules committee proposed an amendment to Fla. Fam. L.R.P. 12.070 in response to legislation authorizing constructive service of process on a legal father when the Department of Revenue attempts to establish paternity of an alleged biological father. The new statute requires the same diligent search requirements to terminate the legal father's parental rights as the adoption statute. Fla. Fam. L.R.P. 12.070(c) makes this requirement applicable in all cases that would result in termination of the legal father's parental rights, not just those filed by the Department of Revenue.

The rules committee also proposed a new form in response to a statute authorizing temporary modification of primary physical residence when a member of the armed forces is activated or deployed. After the Supreme Court approved the form, the Family Law Section opposed it because it included temporary modification of child support. After further consideration, the rules committee asked to withdraw the form because the statute does not authorize a supplemental petition to modify primary physical residence. That request is still pending.

The rules committee resolved issues with the Family Law Section over the 2006 fast track amendments that resulted from enactment of the relocation statute, F.S. [section] 61.13001. The statute establishes a procedure for obtaining relocation by agreement and precludes filing those documents with the court until the parties have a chance to agree. Ultimately, the Family Law Rules Committee and the Family Law Section reached an agreement on a rule to be submitted to the Supreme Court. Fla. Fam. L.R.P. 12.635 can be found in Case No. SC06-2513.

The rules committee also collaborated with the Florida Supreme Court Steering Committee on Families and Children in the Courts and the Task Force on Treatment Based Drug Courts to draft a new statement of purpose in Fla. Fam. L. R. P. 12.010(b). After meeting with representatives from the steering committee and the task force, the committee voted to approve the following statement of purpose:

These rules are intended to facilitate access to the court and to provide procedural fairness to all parties, to save time and expense through active case management, setting timetables and the use of alternatives to litigation and to enable the court to coordinate related cases and proceedings to avoid multiple appearances by the same parties on the same or similar issues and to avoid inconsistent court orders.

All three committees approved the change and it was submitted to the Supreme Court in Case. No. SC08-641.

The committee also concluded its three-year cycle report. One of the proposals makes the unbundling rule, Fla. Fam. L.R.P. 12.040, applicable to attorneys representing the Department of Revenue in cases to determine paternity, or to establish, modify, or enforce child support. The Department of Revenue opposes the rule based on their position that the attorney represents the department and not the person receiving services. This understanding is not clear in Florida because the practice of law is controlled by the Florida Supreme Court and Rules Regulating The Florida Bar. The Supreme Court's opinion on the proposal should provide needed clarification for lawyers and judges. The proposed rule is pending in Case No. SC08- 0092 and set for oral argument on June 10.

The rules committee has pledged to cooperate with the Family Law Section and the Steering Committee on Families and Children in the Courts to share information and attempt to develop consensus early in the process of developing new rules and forms. This cooperation should save time and expedite the Supreme Court's consideration of new rules and forms. Additionally, it should result in a better product for practitioners and the public.

RAY MCNEAL, Chair

Federal Court Practice

The Federal Court Practice Committee has been very active this year. At its first formal meeting in September, as well as its Midyear Meeting in Miami, the committee considered its mission and concluded that it should explore ways to increase its function as a liaison between the federal bench and bar. The committee also considered its role as liaison between the Bar and other federal court organizations, such as the various Florida chapters of the federal bar association and federal judicial nominating commission. Further, the committee can and should play a stronger role in communicating with the three federal district court clerks, as well as the clerk of the 11th Circuit Court of Appeals.

As a result of these discussions, the committee has invited the various federal clerks of court to attend its business meeting in June. It also has requested that those clerks or their designates be invited by the president of the Bar as members of the committee. A subcommittee, consisting of the chair and vice chairs of the committee, have addressed and executed other aspects of enhancing communications with organized federal bar organizations. All of those organizations have also received invitations to the Federal Judicial Roundtable Program, which is offered in conjunction with the Bar's Annual Convention every June.

At its January meeting, the committee continued its midyear seminar. Kenneth Goodman, Ph.D., a nationally recognized expert in ethics, spoke again this year, this time on ethics issues related to opening statements and closing arguments. The CLE seminar was well attended and served as a precursor for the June roundtable topic.

This year's Federal Judicial Roundtable Program, to be held June 19 in Boca Raton, will focus on practical aspects of opening statement and closing arguments. The committee's goal is to attract approximately 150 participants from the federal bar and bench and law schools, as it successfully did last year. Over 20 federal judges from all three federal districts in Florida already have RSVP'd that they will attend the 2008 event, as have numerous members of the bar. Three hours of CLE credit will be awarded attendees. Subcommittee Chair Lawrence D. Goodman and his subcommittee are deservedly optimistic that these attendance goals will be met. Just as importantly, the roundtable is intended as a "user-friendly" forum that allows the federal bench and bar to informally interact as a large group and then in smaller groups seated at roundtables. Seating is limited and on a first-come, first-reserved basis (RSVP to dsaucier@ flabar.org. Dawn Saucier is the Bar's new liaison to the committee. A reception, also at no cost, will follow the program to allow for more informal interaction between judges and attorneys.

Finally, the committee continues to update its Florida Federal Court Judges' Practice Guide, an invaluable tool for adhering to the "know thy judge" maxim of effective practice. Judges can now update their individual questionnaires and practice pointers online as frequently as they wish This publication is a service of the committee and is free to the public. It can be accessed through the committee's Bar Web site.

The committee's chair, Rob Griscti, thanks vice chairs Barbara Junge, Sarah Bohr, and Jim Craig for their substantial efforts toward committee development and profile this year. And as always, thanks to Larry Goodman and Judge Cathy McEwen for their invaluable effort

ROB GRISCTI, Chair

Florida Bar Journal and News Editorial Board

The Florida Bar Journal celebrates its 82nd year of publication in 2008. Dedicated to "advancing the competence and public responsibility of lawyers," some of the articles covered the following topics this year: the statutes of limitations in arbitration, the Younger doctrine, minority ownership interests in closely held corporations, digital forensics, metadata, Florida tax deed sales, civil suits involving engineers, flood insurance, the impact rule, British origins of Florida land titles, jurisdiction, and the construction lien transfer bond statute.

Many of the Bar's sections provided regular columns in their area of practice on subjects such as capital gains, domestic violence, local government growth management, the Administrative Procedure Act, nonfinal orders, and inter vivos transfers.

While columns are published under the auspices of the section and its appointed editor, the editorial board reviews and approves for publication all feature articles. Although the submissions are examined for substantive and stylistic content, the board also must check the citations and evaluate the article's thoroughness and originality. Most board members are law review alums and enjoy copy editing the submission with specific suggestions toward revision.

All members of the Bar are encouraged to submit articles for publication consideration in the Bar Journal. In addition to the recognition of your peers, publication can result in an award of CLE credit and posting of the article on the Bar's Web site and in the WESTLAW and Lexis databases.

In recognition of superior writing, the annual Excellence in Writing Award was presented to Donald A. Blackwell and Stephanie Martinez for their May 2007 article, "The Burden of Truth--Have Florida Courts Gone Far Enough in Addressing the Problem of Juror Misconduct." The editorial board makes its decision based on an article's quality, difficulty, and style.

Now in its 33rd year, the Bar News is produced by a staff of professional journalists and provides its readers with information regarding all levels of the Bar including Board of Governors' action, CLE seminars, legislation, and official notices of court rules and the Rules Regulating The Florida Bar. The twice-monthly tabloid also publishes stories on law-related issues of interest such as the guardian ad litem program, offices of the Criminal Conflict and Civil Regional Counsel, diversity, and judicial evaluation. Articles regarding the funding of the courts have been featured in the spring issues when the legislature has been looking at the state's dwindling revenue and the responsibility of budgeting for all state government. Always popular are the regular columns: "News and Notes" and "On the Move."

Both the Journal and News are available on the Bar's Web site and have searchable databases for back issues. Readers may access articles and news well in advance of the print versions via floridabar.org.

In addition to the 10 regular issues, the Bar Journal staff also is responsible for putting out the annual directory of members every September. A list of all board-certified lawyers is also published as well as a section devoted to the appellate, circuit, county, and federal courts.

When you need to change your address, telephone number, e-mail address, or facsimile number for publication in the annual directory, remember that these corrections may be performed directly on-line at the Bar's Web site, floridabar.org. I encourage all members to update their addresses promptly with the Bar.

All three publications generate revenue through advertising, thereby offsetting some of the costs of printing and postage. The classified ads in the Bar News still provide one of the most comprehensive resources for employment opportunities in the state. Revenue also comes from royalties, subscriptions, and single sales of the directory.

Due to rising production costs, this year, the editorial board revised its special issues guidelines for the Bar Journal. The board adopted the change that will limit special issues to one per calendar year unless otherwise approved by the editorial board. Additionally, the guidelines were revised regarding scheduling and review as well as the procedure for submission of a proposal for a special issue.

The editorial board bids a fond farewell to long-time board members Robert Downie, Erin Larrinaga, Lisa Macci, and Richard Sachs, who have served the maximum number of terms and are "retiring." Staff and I thank them for their years of devoted service.

The Florida Bar Journal and The Florida Bar News reach approximately 80,000 readers with articles about Florida law, the legal profession, and Bar activities. The editorial board and the staff are committed to maintaining a standard of excellence for the Bar's official publications.

JAY P. LECHNER, Chair

Health Law Certification

The area of health law certification was approved by the Florida Supreme Court in 1994. There are currently 112 certified health law attorneys. Health law is the practice of law involving federal, state, and local laws, rules, and regulations related to the provision of health care. It includes issues related to the regulation of health care providers, the relationships between and among providers, and between providers and those who pay for health care services.

Lawyers seeking certification in health law must be members in good standing of The Florida Bar who have practiced law in the U.S. for at least five years. In the three years prior to their application, they must have devoted at least 40 percent of their practice to matters in which issues of health law are significant factors and in which they have had substantial and direct participation in those health law issues. Additionally, applicants must have completed 60 hours of continuing legal education of approved health law credits and pass a stringent peer review process. Once applicants have shown they meet the above minimum qualifying criteria, they must pass a written examination that is designed to demonstrate sufficient proficiency to justify a representation of competence in health law. All currently certified attorneys must apply for recertification every five years. The recertification process includes verification of continued substantial involvement, continuing legal education, and peer review.

The Health Law Certification Committee met in person and via conference call five times this year. During these meetings, the committee reviewed 18 initial applications and nine recertification applications, reviewed and edited proposals for the 2008 exams, and graded exams. Significant time was spent in committee meetings and through smaller caucuses of committee members, reviewing and revising the examination structure.

It has been my pleasure to serve as the chair of the Health Law Certification Committee and I would like to thank all of the members for their dedication and hard work both to the mission of the committee and to the professional excellence that is the mission of the Board of Legal Specialization and Education.

CAROL ANN KALISH, Chair

Immigration and Nationality Law Certification

The Immigration and Nationality Law Certification Committee is responsible for certifying attorneys who practice immigration and nationality law. Certification in our field was approved in 1994, and currently 48 attorneys are certified in our specialty.

As a result of September 11, 2001, the former Immigration and Naturalization Service (INS) was dissolved. In March 2003, three new federal agencies were created under the new Department of Homeland Security: U.S. Citizenship and Immigration Service (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). What was once one bureaucracy has now become three unharmonious agencies. Communication and cooperation among the different entities is often strained. A practitioner can have one client flow through all three agencies while attempting to resolve the same legal issue. Adjudications continue to be seriously delayed and enforcement inconsistent, further increasing the difficulties a foreign national and his or her attorney must face.

The failed attempt by Congress to pass any type of comprehensive immigration reform only serves to highlight how divided the country is over immigration policy. With the increase in rhetoric being ratcheted up this presidential election year, no meaningful solution is in sight.

As an ever growing immigrant population seeks solutions, they all too often fall into the hands of unscrupulous notarios or well-meaning, but not adequately trained, attorneys. As such, the need for proven immigration experts has never been higher. Despite this need, the committee also had to respond to some concerns from within the Bar regarding those certification areas which have less than 75 certified attorneys.

In response to the Bar's concerns, three of our members attended the November Examination Workshop and Leadership Conference in Orlando. Subsequently, the committee made revisions to the exam format to better reflect national examination standards in question format and multiple choice presentations. The committee adopted 20 core questions from prior exams to serve as a yard stick to assess whether any differences in the passing rate for this year's exam was due to the quality of the examinees as opposed to the exam's difficulty.

Throughout the year, and particularly at the Bar's Examination Workshop and Leadership Conference in Orlando, there was much thoughtful, thorough discussion of the level of difficulty of the exam. The committee, and those attending the conference, reached a strong consensus that the difficulty of the exam should remain at its current level to protect the integrity of the certification process, rather than lowering the passing standard and/or level of difficulty just to increase the percentage of examinees who pass. We remain committed to the concept that board certification is a mark of excellence. Further, the Immigration and Nationality Law Certification Committee believes that certification in immigration and nationality law requires a comprehensive knowledge in the various different aspects of the practice as they are often inextricably intertwined. An attorney who becomes board certified in immigration and nationality law should be extremely proud of the accomplishment, particularly due to the complex nature of the specialty. We encourage those who practice in the field and meet the qualifications to apply for certification.

It is against this backdrop that the committee worked diligently to prepare a tough but fair certification examination. Over the last year the committee met five times, exchanged numerous drafts of the essay and multiple choice questions and wrestled with both the essence of what passing the exam should signify as well as various methods of attracting and passing more members on an annual basis. To that end, the committee sought and gained approval to post an essay question and 20 multiple choice questions from prior exams to give some guidance to potential examinees. The posting of the questions will occur later this year. Additionally, the committee gained support from the South Florida chapter of the American Immigration Lawyers Association and the Bar to create an examination preparatory course.

In March 2008, this committee gave the 14th examination, with six attorneys sitting for examination. Grading of the examination was in April. However, this report was written before the grading session, so I am unable to report here on this year's passing rate.

I personally want thank our committee members for their continuing dedication. I particularly wish to acknowledge our prior chair, Kari Ann Fonte, for her unceasing dedication to the committee and for her wisdom and insight in helping guide me through my time as the committee chair. I also wish to single out Dilip Patel who read through the (seemingly) countless rewrites of my examination essay question which were always met with insightful discussions on the law of the topic as well as editorial suggestions for making the question more readable for the examinees. Finally, I wish to thank the real rudder of this ship, for her diligence and expertise I give my heartfelt thanks to our Bar staff liaison, Carol Vaught.

STUART F. KARDEN, Chair

International Law Certification

The internationalization of the practice of law in Florida has touched every corner of The Florida Bar. Family lawyers respond to child abduction out of the country by spouses. Criminal lawyers seek and defend extradition from countries throughout the world. Real estate lawyers now commonly must know the basics of immigration and international tax to advise clients regarding the ramifications of a Florida real estate acquisition by foreign clients. Litigators too must increasingly be versed on the rules of the game in foreign jurisdictions and the scope of Florida jurisdiction over foreign transactions and parties. For many veteran Florida lawyers, when a transaction or a litigation becomes international, it simply is not cost effective or practical to try to learn all of the issues that must be considered in view of the competing foreign laws or legal system they are facing. Board certified Florida lawyers fill the void of experience and expertise in international law by first mastering their area of law, be it transactional or dispute-related, and then focusing on the nuances of deals or disputes that include both Florida and foreign components.

The 2007-2008 committee comprises Brock McClane (chair), Peter Quinter (vice chair), Lucius Dyal, Jr., Chandler Finley, James Lavigne, Samuel Mandelbaum, Malcolm Riddell, Thomas Skola, and Theodore Walters. The committee is also thankful this year for its staff liaison, Zina Jackson.

Currently, 30 lawyers are board certified by The Florida Bar. This year saw five applicants sit for the exam on March 14, 2008. Having scrutinized the exam question-by-question last year, this year, the committee met as needed during the fall and also at the Midyear Meeting to consider an enhanced approach to the exam. Responding to concerns expressed by potential examinee/applicants about the range of issues covered by the exam, which include both transactional and litigation aspects, the committee has discussed adjusting the exam's focus to clearly allow a litigator, having satisfied the core concepts, to focus on issues in the international litigation and arbitration area and similarly allow a transactional lawyer to focus on the issues relating to international transactional work. Already, the exam allows examinees to select an essay in his or her area of specialty.

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In the fall, the committee received a request to justify its existence from the Professional Education Committee that had determined, evidently based on the assumption that committees of the Bar, including certification committees, should not exist unless they are self-funding, that certification areas must have a minimum of 75 certified lawyers in their area to warrant their existence. We responded to this request in writing, pointing out that we have an area of certification that is growing each year that serves an important public information function. Also, our committee is vigorous and well supported by its members. We question the soundness of a policy that requires certification committees to be self-funding in view of the public service function of certification and the irony that the more rare and specialized and, therefore, potentially useful to the public a certification area may be, the less likely it is to be able to fund its administrative operations entirely out of annual fees. Notwithstanding our questioning this policy, the committee is dedicated to the enhancement of publicity for the certification area and to the improvement of the test so that we will not lose talented and qualified examinees at the top of our field who are concerned that the certification area requires in depth knowledge of litigation or transactional issues when the examinee is focused on the other area.

This work and debate will continue into the next term and may result in a revised format for 2009 examinees.

The committee will be meeting in Orlando in late April to grade the exams and will have its final meeting at the Annual Convention in Boca Raton on Thursday, June 19.

BROCK MCCLANE, Chair

Judicial Administration and Evaluation

The Judicial Administration and Evaluation Committee was extremely busy and productive during this past year. While various items were on the agenda, two critical areas occupied the majority of the committee's time. The development and implementation of "on-line entry" into the judicial feedback system and the development of the judicial candidate voluntary self-disclosure statement taxed the resources of the committee.

Recognizing that the existing judicial feedback program was not being utilized to its fullest, the committee undertook development of an "on-line" input program that would allow attorneys who had appeared before the court to provide feedback to the judges via computer, but in a secure and anonymous manner. Working with The Florida Bar's technology department, the existing forms were modified for computer usage. Once developed, a limited testing program was undertaken, initially through the committee and then subsequently through several sections and committees of the Bar with the final release and implementation taking place on December 17, 2007. The committee is hopeful that the computer input and access, with the concomitant security and anonymity, will increase the usage of the feedback forms by the members of the Bar and thereby provide more accessible and useful information to sitting judges.

The second project of significance was the development of a Judicial Candidate Voluntary Disclosure Statement. The committee recognized that the public had very little information about practicing attorneys who were running for judicial office. Unlike the judicial nominating commission, which has a significant amount of information available to it about individuals who applied for appointment, citizens voting on attorneys running for circuit and county judgeships have no starting point from which to gather basic information to educate themselves about the candidates who may appear on the ballot. The committee recognized that this voluntary candidate statement was not meant as an evaluation, nor was it intended to be utilized for merit retention candidates or appellate judges.

After multiple meetings of not only the JAEC, but also subcommittees thereof, a 10-page form was developed to gather information about the candidate that might be important to the voters. From the onset, it was contemplated that the completion of the form would be voluntary and would only be utilized when requested by bar associations or other entities. The committee completed a draft form which was presented to The Florida Bar Citizens Forum. The concept and written format provided to the citizens forum received extremely positive comments. Subsequently, the matter was finalized by the committee and forwarded to the Board of Governors for their consideration. Recently, the board has requested some additional issues be addressed before the proposal commenced its movement through the various Board of Governors' committees as it worked its way to the full board.

Special thanks is extended to the subcommittees that worked on the voluntary disclosure statement and, specifically, Andrew Tramont, Stacy Sutton, Judge Douglas Chumbley, and Judge John K. Stargel, board liaison to the JAEC, Jennifer Coberly, and, of course, Doris Maffei, staff liaison.

JOHN MARSHALL KEST, Chair

Judicial Independence

At the outset of this Bar year, the Judicial Independence Committee (JIC) set a goal to create an infrastructure and protocols to allow for effective dissemination of materials and resources to enhance public understanding of maintaining a fair and impartial judiciary.

At its September meeting, the JIC started the process to upgrade its Web page to make it more substantive and user friendly. This project was completed and now members of the Bar and the general public have access to educational resources, judicial compendiums, and videos regarding judicial independence.

The Education Subcommittee received a completed compendium titled Contemporary Issues and Judicial Independence Internationally from Nova Southeastern School of Law. This comprehensive work is just the latest by Nova Southeastern School of Law students on this most important subject.

Through cooperation with various voluntary bar associations, the JIC established a process for many voluntary bar associations to designate a liaison to the Judicial Independence Committee. These liaisons are in place to help the JIC and the Bar to disseminate information and materials on judicial independence to the greatest number of our members. It is hoped that when quick action is required, these liaisons will enable us to reach our members in a fast and effective manner.

While there were no headline cases which placed judicial independence in the forefront of our mainstream media, there's no question that the importance of maintaining a fair and impartial judiciary is forever present. The JIC believes that it is during these "quiet times" that we need to continue to educate our members and public on why it is important that our judges are free to decide cases fairly and impartially, relying only on the facts and the law. The strategic plan of the JIC is focused on making sure that judges are protected from political pressure, legislative pressure, special interest pressure, media pressure, public pressure, financial pressure, or even personal pressure.

EUGENE K. PETTIS, Chair

Judicial Nominating Procedures

The Judicial Nominating Procedures Committee provides assistance to the governor and the judicial nominating commissions with their duties under Fla. Const. art. V, [section] 11, and serves as a resource for historical information on the nominating process. We also assist the governor's office with organizing and presenting an annual training program for new and experienced commissioners as well as training for new JNC chairs. During the current year, the committee has continued to work on the following topics:

JNC Training. The JNC Uniform Rules of Procedures require new commissioners to complete an educational course within the first 12 months of their initial appointment. From our last training, it was agreed to combine the regular training with the chairs training. Topics of discussion have previously included, voting, conflicts of interest, recusals, ethics, an overview of the entire selection process, and a "mock" judicial interview as a way of discussing good and bad interviewing techniques. Some possible new topics mentioned were confidentiality and discussion of our open records and sunshine laws. Training will be scheduled as soon as new commissioners are appointed.

JNC Rules Convention. A rules convention is called into session when there is a change to the Uniform Rules of Procedure for the judicial nominating commissions. The convention is being planned to approve various changes to the current judicial application. The committee has been working on these changes for approximately three years. The suggested changes have come from this committee, from various JNC commissions, and from the governor's office. All changes were approved by the committee in September 2007. We are ready to move forward on all of the changes with distribution of the revised application as soon as the JNC membership gets updated. The rules convention will most likely be scheduled for Tampa.

JNC Newsletter. This will be an additional means of educating and training JNC commissioners. It will consist of different topics and rule procedures, any statutory changes made by the legislature, ethics rules, and general information of interest. It will most likely be posted on our Web site as well as being sent electronically to all sitting commissioners. The frequency of the publication will depend on the information being disseminated.

JNC Handbook. A list of "suggested" interview questions from a prior handbook and some new questions from a previous training were suggested to be put in the handbook to give commissioners some additional guidance of appropriate questions to ask judicial applicants. It was also suggested that collecting newsclips regarding JNCs who have experienced some commissioners asking inappropriate questions might also be added in the hope that similar problems could be avoided in the future.

The committee also recognized President-elect John (Jay) G. White III, and read a certificate of appreciation for almost 20 years of service as our committee liaison. Mr. White will be installed as president of The Florida Bar for 2008-09 at the Florida Bar Annual Convention in Boca Raton. We wish him all the best.

JUDGE MARK WOLFE, Chair

Juvenile Court Rules

The Juvenile Court Rules Committee is divided into two subcommittees, one specializing in juvenile delinquency issues (primarily F.S. Ch. 985) and one specializing in juvenile dependency issues (primarily F.S. Ch. 39). Although this was not a reporting year for the committee, the committee was extremely busy addressing changes to F.S. Chs. 39 and 985 and responding to numerous Supreme Court referrals. Fast track amendments were filed on June 22, 2007, addressing Florida Rule of Juvenile Procedure 8.165(a) and Form 8.978. The Supreme Court adopted the new form 8.978 (order authorizing child to secure depository financial services before the child's 18th birthday) and severed Rule 8.165(a) to consider it separately. The proposed rule would require that a juvenile accused of committing a delinquent act be provided a meaningful opportunity to confer with an attorney before waiving counsel in a delinquency proceeding. The Florida Bar Commission on the Legal Needs of Children and the executive committee of The Florida Bar Board of Governors previously recommended the rule unanimously. The committee also filed an out-of-cycle report concerning Rule 8.100(e) that would allow a party or a party's attorney to obtain a transcript of court proceedings without a court order. Both rules remain pending before the court as this report goes to press.

At the Supreme Court's request, the committee also studied the recently published National Juvenile Defender Center's Assessment of Access to Counsel and Quality of Representation in Delinquency Proceedings. Pursuant to careful deliberation, the committee proposed amendments to six juvenile rules, including the before mentioned 8.165(a). The most controversial proposed rule amendment addresses the difficult issue of shackling detained juveniles in the courtroom at their hearings. Proposed Rule 8.100(b) prohibits the indiscriminate use of chains and shackles on detained juveniles in the courtroom. Other proposed rules insure that a detained juvenile has a detention hearing within 24 hours after being taken into custody and shall be advised of the right to be represented by counsel (8.010); insures that counsel shall be appointed for all disposition and restitution hearings if the child qualifies (8.115); insures that counsel shall be appointed if the child qualifies and requires that the court determines that a child understands enumerated rights when entering a plea of guilty or nolo contendere (8.080); and insures that counsel shall be appointed at arraignment if the child qualifies and also that the child is entitled to a reasonable time in which to prepare for trial. (8.070).

The committee also spent extensive time considering appropriate rules in response to E.T. v. State, 957 So. 2d 559 (Fla. 2007). After considering proposed rules for both a direct appeal and also a collateral attack, the committee ultimately decided that the issue of ineffective assistance of counsel claims in termination of parental rights cases was not within the scope and purview of the committee because it was substantive rather than procedural. Therefore, no rules were proposed.

The committee also reviewed drafts of rule amendments intended to implement the recommendations of the Commission on District Court of Appeal Performance and Accountability. After analyzing the supplemental report and recommendations, the committee voted to support as presented Florida Rules of Judicial Administration 2.250 and 2.535, Florida Rules of Juvenile Procedure 8.276, 8.332, and 8.525, as well as Juvenile Forms 8.983 and 8.984.

At the Supreme Court's request, the committee again responded to the recommendations of the court's Committee on Privacy and Court Records (declining to amend any rules or forms because dependency and delinquency records are confidential by statute) and also to the Task Force on Treatment Based Drug Courts proposal (again opposing the task force's proposed amendment to Rule 8.010). The committee has also carefully deliberated and proposed amendments to more than a dozen other rules or forms. It has been both an extremely busy and productive year for the committee.

The chair thanks the committee's vice chairs and members for their dedicated and diligent work to further juvenile justice in Florida's courts. The chair especially thanks the committee's bar liaison, Ellen Sloyer, for her guidance and dedication to the committee.

ROBERT W. MASON, Chair

Labor and Employment Law Certification

The area of Labor and Employment Law certification was approved by the Florida Supreme Court in 2000 and currently numbers 195 certified labor and employment law attorneys.

The practice of labor and employment law encompasses advice and representation concerning the application and interpretation of public and private sector labor and employment law principles, as well as employment discrimination and employment-related civil rights law.

To qualify for the labor and employment law certification exam, attorneys must be a member of the Bar for five years; be engaged in the full-time practice of law; and be substantially involved (at least 50 percent) in labor and employment law. Attorneys seeking labor and employment law certification must also complete at least 60 hours of advanced continuing legal education of approved labor and employment law credits and pass a stringent peer review process. All currently certified attorneys must apply for recertification every five years. Attorneys interested in applying for board certification in labor and employment law may find the application, standards, and committee policies on The Florida Bar's Web site.

For 2007-08, there were eight applicants. Of those, four sat for the exam on March 14, 2008. As of this writing, the committee had not completed the grading of exams. The committee met three times this year, in addition to the many hours each member spent outside the formal sessions drafting examination questions. During these meetings, the committee reviewed eight initial applications and 22 recertification applications. This year there are 19 lawyers who will undergo the recertification process.

The committee extends special thanks and best wishes to our Florida Bar liaison, Michelle Francis, who leaves the Labor and Employment Certification Committee after five years of invaluable service. Michelle assumes new duties with The Florida Bar's CLE programs. We welcome her successor, Kristin Gandy. Members of the Labor and Employment Law Certification Committee include William Mitchell, vice chair; Ryan Barack; Luis Cabassa; Sherril Colombo; Thomas Delegal; Richard Johnson; Marlene Quintana; and Archibald Thomas III.

JOHN S. TRIMPER, Chair

Law Related Education

Continuing its commitment to promoting effective law-related education programs in Florida's schools, the Law Related Education Committee has enjoyed another terrific and productive year.

Various members of the committee were challenged this year to create innovative ways to ensure the successful distribution of the Legal Guide for New Adults, which educates Florida's high school seniors on the legal rights and responsibilities they assume when they become adults. For example, committee member Dana Brown spearheaded an event at a local high school with the sheriff 's office and school superintendent to distribute the legal guides through the school resource officer. The committee further ensured promotion of the legal guide throughout the state with the issuance of a press release featuring the comments of prominent education leaders such as William J. "Bill" Montford III, chief executive officer of the Florida Association of District School Superintendents; Andy Ford, president of the Florida Education Association; and Wayne Blanton, executive director of the Florida School Boards Association. In addition, the committee participated in the development of a new learning tool to be used in tandem with the legal guide called "You and the Law." Designed in a game show format, "You and the Law" provides an interactive environment for introducing valuable legal lessons to students and hopefully stimulates interest for further research on law-related topics.

In cooperation with the Law Related Education Association, Inc., headed by member Annette Boyd Pitts, the committee regularly volunteered in numerous state and local Law Week activities promoting the theme Liberty Under Law: Empowering Youth, Assuring Democracy. Additionally, committee members continue to support the annual High school mock trial and moot court competitions by serving as served as coaches, judges, and program developers. Each year, these competitions have allowed dozens of students to experience hands-on the operations of Florida's judicial system and to see how a case progresses from the trial stage to appellate arguments before the state's highest court.

The committee continues to enthusiastically support the efforts of the Justice Teaching project as part of its goal to maintain and enhance the cooperative efforts of attorneys and educators in the field of law-related education in Florida. Last, but not least, the committee is grateful for the dedicated service of staff liaison, Gail Grimes, who retired this year after 30 years of service to The Florida Bar.

JANEIA R. DANIELS, Chair

Lawyer Referral Service

The Lawyer Referral Service Committee had a very active and productive year.

The committee staff worked with the Bar's Information Systems Department in refining the Lawyer Referral Service (LRS) Online. The LRS staff is working with the Information Systems Department staff to develop online membership applications and reporting features. These new features will enable lawyers to join the service online, update their areas of law, decrease postage costs, and keep referral records up-to-date.

In 2007-08, the service experienced an outstanding year in terms of both referrals and revenues. The staff made over 98,000 referrals and the service received over $740,000 in revenue.

The top five areas of the law referred were family law, personal injury law, employment law, consumer law, and probate law.

The top five counties in which referrals were made were Polk, Marion, Sarasota, Alachua, and Volusia. Over 16,000 referrals were made on LRS on-line.

The committee continues to strive to create public awareness of the service through Yellow Pages advertising, press releases, and membership awareness via the Bar News, Journal, and The Florida Bar Web site.

At the Annual Convention in June, the committee will make plans to discuss its goals and objectives for the 2008-09 Bar year.

MICHAEL A. WASSERMAN, Chair

Legal Needs of Children

The Legal Needs of Children Committee was created to carry out the work of the Commission on the Legal Needs of Children. The commission was created in 1999. The commission's mission was to help children who appear in Florida's courtrooms in any capacity, whether as victims, witnesses, defendants, or respondents. The commission made recommendations in five priority areas: representation; treatment and services; confidentiality; education and the role of The Florida Bar; and technology and the courts. After three years of work, the commission provided a report that is still available on The Florida Bar Web page, www.floridabar.org/tfb/ TFBComm.nsf/basic+view/45A5265 BFE10B75B85256EE70064E67D?O penDocument.

There are at least a thousand members of the Bar who work full-time in juvenile courts or related practices. There are thousands of other members of the Bar who provide pro bono legal services to children and thousands of others who help families including parents with the needs of children and their families.

This year, the committee worked through four substantive subcommittees (representation guidelines, certification in children's law, children's mental health, schools and zero tolerance, commission report implementation).

Guidelines. The Guidelines Subcommittee finalized the Guidelines for Attorneys Representing Children in Dependency Proceedings in the prior year, and has been meeting twice a month for a year to develop the delinquency guidelines. The subcommittee is making great progress on the standards related to delinquency representation in partnership with the Florida Criminal Defense Lawyers Association and the Florida Public Defenders Association. In the process, the subcommittee has reviewed guidelines from almost 10 states.

Certification. This subcommittee was created in the prior year to evaluate another key issue in the representation area--certification in children's law. The committee in partnership with the National Association of Counsel for Children will be submitting proposals to the Bar's section on specialization in the near future.

Mental Health Subcommittee. This subcommittee has undertaken three significant tasks this year. 1) To provide input regarding children's mental health into the chief justice's mental health report, chaired by Judge Leifman, the subcommittee held a forum in Ft. Lauderdale. With the help of Florida Children's First and others, a set of recommendations were made and subsequently included in the report. The recommendations were also presented to the Blueprint Commission on Juvenile Justice. 2) The subcommittee has scheduled a one-day CLE training at this summer at the Bar's Annual Convention to address the issues in the report. 3) The Mental Health Subcommittee will next be exploring ways to implement the recommendations of the commission's report, including confidentiality and access to records.

Schools and Zero Tolerance. This subcommittee is working on attorney and public education regarding children not having legal representation in school suspension and expulsion proceedings, as well as the legal consequences of using arrests as the primary disciplinary tool.

Commission Report Implementation. This subcommittee was formed this year to review and prioritize the commission's recommendations for bar support of possible legislative and executive branch action.

Bar Positions. The Bar approved two legislative positions that the committee recommended. The first arose directly from the commission report--that a child have a "meaningful opportunity to consult" with an attorney prior to entering a plea of guilt in a delinquency proceeding. The Board of Governor's (BOG) approved this request and has pursued this legislative priority for the past three legislative sessions. The second, a ban on indiscriminately shackling children in court, was also approved by the BOG. The committee has worked with the Bar's staff and lobbyist to pursue this legislative position. The committee will continue to work on this item through the courts, the legislature, and the executive branch.

The committee also sought and obtained permission to monitor and support legislation that furthered the commission's recommendation for Florida to develop a comprehensive system and structure for child representation, which includes guardian ad litem, legal counsel for children, and public defender representation to adequately promote and protect the legal rights and remedies of children. This was not adopted as a legislative pos