Briefs The Paralegal Association of Florida, Inc., recently awarded its 2003 scholarship awards.The winners included Nekane Alvarez of Orlando, a student at Florida Metropolitan University, who received $750; Lea Brittain of West Palm Beach, a student at Palm Beach Community College, who received $750; and Synovia Hibbert, a student at Nova Southeastern University in Ft. Lauderdale, who was awarded the $250 Nancy Nielsen Scholarship, sponsored by Miami lawyer Stuart I. Levin.PAF received 23 scholarship applications from paralegal students all across Florida, accompanied by essays, transcripts, and letters of recommendation. Recipients were chosen using such criteria as compliance with the rules, professionalism of the application, character of the applicant, commitment to the paralegal profession, need for financial assistance, and GPA.Information about PAF and its annual scholarship awards program can be obtained by calling (800) 433-4352 or through its Web site at www.pafinc.org.PEC studies certification issues The Bar’s Education Law Committee plans to spend more time working on substantive education law CLE presentations, according to Chair Pam Bernard.The committee’s September meeting focused on a variety of substantive legal issues: Minority Business Contracting presented by Charlie Deal; Employee and Student File Sharing (Peer to Peer-P2P) by Scott Cole; The Gramm Leach Bliley Act by Gerard Solis; Student Records, Campus Law Enforcement Records, and Recent Decisions on Ch. 119 by Ned Julian; and a panel discussion of the Use of Race in College Admissions by Mike Cramer, Meredith Charbula, Julie Shepard, and Olga Joanow.The substantive law issues presentations were followed by a roundtable discussion of local education issue of concern to individual members of the committee.The Education Law Committee’s next meeting will be January 15 in Miami in conjunction with the Bar’s Midyear Meeting.Palm Beach FAWL sets holiday party Amendments to federal rules proposed The Palm Beach County Chapter of the Florida Association for Women Lawyers will host its annual holiday party December 10 from 5:30 – 7:30 p.m. at the Cohen Pavilion.For more information and sponsorship opportunities contact Jane Gordon at (561) 355-6966. Using CLE programs and regional liaisons, the Bar’s Out-of-State Practitioners Division is seeking to network its members, both to improve their opportunities and build division cohesiveness.“Things are going well,” OOSP President Scott Atwood reported to the Bar Board of Governors recently. “Our membership is increasing.”Representing a group of lawyers scattered across the country and with diverse practice areas isn’t always easy, he noted.“We want folks to get to know each other. We’re going to be holding more receptions, more CLEs. We’re going to be expanding the network of folks who want to be involved,” Atwood said.The division has also appointed regional liaisons to reach out to members, and is planning a series of receptions for new Bar members who practice out-of-state.The division is also, Atwood said, planning a series of CLE seminars and is working on opening a Web site.“We’re trying to get folks involved so that they can utilize each other as a network,” he added. “We also want to get involved with Florida members who need to find out-of-state counsel.”Health Law Section offers HIPAA forms The Dade County Bar Association Young Lawyers Section will hold a “Bids for Kids” event November 14 beginning at 6 p.m. at Parrot Jungle Island on Miami Beach.Proceeds from the auction will benefit the YLS’ children’s charitable programs.The master of ceremonies will be Willard Shepard of NBC 6. Items to be auctioned include vacation, golf, spa, and fitness packages, aerial tours of Miami, sports memorabilia, and other items.The cost is $30 for DCBA members in advance and $35 for nonmembers and at the door. For more information call (305) 371-2220.Education Law Committee sets agenda U.S. Rep. Corrine Brown, D-FL, recently formed a task force to come up with a name for the new federal courthouse in Jacksonville.The task force is now accepting prospective names for the courthouse.All name recommendations should be accompanied by a biographical sketch, a list of accomplishments, and a letter of explanation of why you believe the courthouse should be named after your recommended person. The name recommendations should be sent to Jackie Gray in Congresswoman Brown’s Jacksonville district office at 101 East Union Street, Suite 202, Jacksonville 32202, phone (904) 354-1652, e-mail: [email protected] house.gov. The deadline for making recommendations is November 17 at 5 p.m.Procedurally, the Committee on Transportation and Infrastructure, on which Rep. Brown sits, has jurisdiction over the naming of federal courthouses. After the selection of a name, Brown will submit legislation to that committee for approval.The committee’s guidelines prohibit courthouses being named for someone who currently serves as a member of Congress, sits on the federal bench, or is active within the present administration.In addition, the person for whom the building is to be named “should be of notable stature or accomplishment befitting such an honor.”Task force members include retired Florida Supreme Court Chief Justice Leander Shaw, Jr., chair, Ed Booth, Sr., Noel Lawrence, Cindy Laquidara, Wayne Hogan, Cynthia Austin, Cecilia Bryant, Stephen Durden, and Donna Harper.Bar investment earnings grow Responding to numerous requests from the Health Law Section and other members of The Florida Bar, the Health Law Section’s HIPAA Committee has prepared a suite of HIPAA forms for immediate use by Florida lawyers.“The HIPAA forms were designed to comply with federal and state law privacy and confidentiality requirements and to provide the bench and bar with suitable forms for use in litigation and other situations,” said James M. Barclay, chair of the HIPAA Committee. “The Health Law Section’s HIPAA Committee worked hard to quickly produce this first set of HIPAA forms and we look forward to getting comments about this initial set as well as suggestions for additional forms.”The forms are available on the Health Law Section’s Web site at www.flabarhls.org.In addition to Barclay, other members of the Health Law Section’s HIPAA Committee include Leonard J. Dietzen III, co-chair; Jack Buchanan; William Dillon; Ira Marc Fladell; Jan Johnson Gorrie; Elizabeth Hodge; Mike Lowe; Ashely McRae; Graham Nicol; Karen Peterson; Raylene Strickler; Mark Thomas; and Rob Williams.Dade Bar YLS sets fundraiser A strong financial market has continued to boost The Florida Bar’s return on its investment portfolio, according to Investment Committee Chair Ian Comisky.Reporting to the Board of Governors late last month, Comisky said the Bar’s investment portfolio of more than $14 million grew by about $200,000 in August and September.That followed a very strong performance in the late spring and summer that saw the portfolio grow by about $1 million.Comisky said the Bar made money in most of the diversified funds it invested in, but had the best return on those investing in small cap and large cap stocks.PAF awards scholarships Changes to two certification programs and an alteration in the certification appeals process are being studied by the Program Evaluation Committee and will be presented to the Bar Board of Governors next month.PEC Vice Chair Dude Phelan told the board at its October 3 meeting that the committee will devote most of its upcoming meeting to discussing proposals to revamp the certification appeals process.The heart of that involved the handling of confidential peer reviews used in certification and recertification. Applicants who are rejected because of peer reviews and then appeal aren’t allowed to see the reviews, nor are the reviews shared with the board’s Certification Plan Appeals Committee. They also are not given to the full board when it gets the appeal.CPAC asked the Board of Legal Specialization and Education to share the peer reviews, but the BLSE balked, saying sharing the reviews with CPAC and the full board would undermine the confidentiality that is essential to unbiased and frank opinions.The two groups then produced a compromise plan, calling for a new appeals committee that would be the final appeal before the Supreme Court, cutting the full board out of the appellate process. That new panel would get the peer reviews. But the two panels disagreed on the makeup. CPAC proposed having all members as board members, the majority of whom would also be certified. The BLSE wanted the majority to be nonboard members.At its August meeting some board members questioned whether the peer reviews should remain confidential, saying it handicaps those who appeal because they can’t refute what is in the evaluations.“The committee (PEC) recognizes this is a matter of significance,” Phelan told the board. “Rather than rush, we are determined to make that the principal focus of our December PEC meeting. All people who have expressed an interest have been notified.”On the certification issues, Phelan said the committee will report on changes proposed to real estate and appellate certification programs.Most of the alterations are minor or housekeeping, but for real estate one change would require that real estate work that is used to qualify for certification be based on Florida law. That, he noted, could make it hard for out-of-state Bar members to qualify for certification.On appellate certification, the most significant change would exempt sitting judges from having to take the certification exam, Phelan said.International Law Section to reach out to Bar groups The Judicial Conference of the United States Committee on Rules of Practice and Procedure has requested public comment on the preliminary draft of proposed amendments to the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure.Copies of the full text of the proposed amendments can be obtained by calling the Rules Committee Support Office at (202) 502-1820, or writing to the Rules Committee Support Office, Administrative Office of the United States Courts, One Columbus Circle, N.E., Washington, D.C. 20544. The text of the proposed amendments also can also be found on the Internet at www.uscourts.gov/rules.New Jacksonville fed. courthouse needs a name November 1, 2003 Regular News With an increasingly global economy, and communications and travel revolutions shrinking the world, the Bar’s International Law Section is finding it has a lot in common with virtually every other Bar section.And consequently section Chair David Willig said his goal is to reach out to other sections “to offer our expertise to other areas to provide an international aspect.“International law is really something that is all around us,” he said during a recent report to the Bar Board of Governors.Willig said the section has worked on several seminars involving other sections or areas of law. Those includes a seminar in international criminal law practice and procedures with the Criminal Law Section, international taxation with the Tax Section, and international litigation and arbitration.A program later this month will take participants into meetings with members of the European and British parliaments. Another course will focus on handling an international practice in Florida and also will serve at the review course for the international law certification exam, Willig said.The section is also actively working to bring the secretariat of the Free Trade Association of the Americas to Miami, and worked with the Bar to ensure that proposed rules on multijurisdictional practices would not hinder them, he said. The section is also exploring ways it can help the Haitian judicial system, perhaps with a gift of books and research materials.Aside from those activities, the section has entered into protocol agreements that establish relationships with foreign legal associations, including in Canada, Russia, and throughout the Americas. Willig said that will continue as part of a program scheduled next year in Barcelona, Spain.OOSP Division to stress networking
“We got the momentum going, the crowd stayed with us throughout – I thought they were terrific – and we are still in the competition.” Poland boss Adam Nawalka was understandably disappointed to see his side succumb at the death, but pleased with the performance. Nawalka said: “We won a point at a very difficult ground to play at, so we are happy. Of course, we conceded a goal in added time and that definitely hurt. “It was a battle and until the end, we fought that battle. We lost a goal at the very last minute in added time, but all the players fought up until then very hard. “Overall, I believe the result was a fair scoreline. We played a very good first half and maybe lacked a bit of quality, but overall, we are content with a draw. “Three points were really close, but one point is also a good result. It’s no surprise that Ireland came back to score an equaliser because the other results show that they know how to play to the end and get a result in their favour at the end of the game.” Shane Long’s last-gasp equaliser snatched a 1-1 draw with Group D leaders Poland at the Aviva Stadium on Sunday night and kept alive Ireland’s hopes of claiming one of the two automatic qualification places. However, they now sit in fourth place in the group – three points behind the Poles and two adrift of Germany and the Scots, making the showdown with Gordon Strachan’s side in Dublin crucial. O’Neill said: “Naturally, it’s a very, very important game. I think we’d have to beat Scotland. I think it probably just boils down to that – we have to win that game. “If the second-half showing is anything to go by, I think we are capable of doing it. “Whatever we may lack, courage and spirit are not among them. I don’t think it’s a fluke now that we have scored late goals in games. That’s three times now we have scored recently in the last few moments. We also hit the bar against Scotland. “I know they are cliched phrases, but it does show something about the character of the team. At least we keep going right to the end, and who knows? Who knows, (the draw against Poland) might be an important point.” Slawomir Peszko looked to have maintained Poland’s charge towards the finals with his 26th-minute strike giving them an advantage they maintained until stoppage time at the end of the game. However, having twice been rescued by the post as first Robbie Brady and then Robbie Keane were denied, substitute Long stabbed home a priceless 91st-minute equaliser to rescue a point and keep Ireland’s hopes of a top-two finish alive. O’Neill, who saw John O’Shea deny Germany in similar fashion in October, said: “We started off tentatively in the game. We were a little bit nervous and, just when we started to get into the game we conceded, from our viewpoint, a very poor goal which puts you on the back foot. “But our second-half performance was simply terrific. We dominated from the 45th minute to the 90th and we put Poland on the back foot. We created a number of chances – we certainly deserved at least a draw in the game, and perhaps we could easily have won it maybe if there had been a few more minutes left. Martin O’Neill is targeting victory over Scotland in June to ignite the Republic of Ireland’s bid to make the Euro 2016 finals. Press Association
A West Palm Beach mother and her twin brothers were found dead just eight days after a judge denied the woman a restraining order against her ex-boyfriend and would be killer.The incident occurred Wednesday around 10 p.m. on Cole Street, just north of Belvedere and North Military Trail. Authorities responded to the scene to find 40-year-old Yasnai Moliner Yera and her two twin brothers dead inside of a home while Yera’s boyfriend and the father of her two-year-old son 41-year-old Yuniel Martinez De La Cotera, was standing next to a vehicle in the street. While several people are blaming the judge for not issuing a restraining order, a local domestic violence advocate spoke to our news partners at CBS12 and explained that even though Yera wrote a letter to the judge explaining that her ex-boyfriend was “emotionally and mentally abusing me,” it was not enough to gain a restraining order.“She is talking about him taking their money and him taking the car and him threatening to take the house and of course, for a lot of victims, those are immediate emergency type things. But they don’t meet the legal definition of domestic violence. There is nothing in here about whether he has threatened her life, threatened to harm her or that he actually did physically,” said Dr. Mary Cauthen, YWCA Chief Program Officer.Dr. Cauthen continued saying that under Florida law, a judge can only issue a restraining order if the victim can show they have been physically abused or are receiving threats of physical violence.While the judge did not immediately issue a restraining order to Yera, she was scheduled for a hearing about the case that was supposed to take place this week.Yuneil Martinez De La Cotera Leon is currently being held at the Palm Beach County Jail on three counts of first degree murder.