Connect with us

Politics

SCOFLA sides with Florida Bar, rejects James Uthmeier push to waive bar exam for government lawyers

Published

on


The Florida Supreme Court has shut down a proposal from Attorney General James Uthmeier that would have allowed certain out-of-state lawyers to practice in Florida without ever taking the state’s bar exam.

In a unanimous order, the court rejected Uthmeier’s request to amend the rules governing the Florida Bar, leaving intact long-standing requirements that lawyers demonstrate their knowledge of Florida law via the bar exam before practicing.

In a petition, Uthmeier argued that state agencies are struggling to recruit and retain experienced lawyers because of the time and expense associated with sitting for the Florida Bar. His proposal would have allowed lawyers already licensed and in good standing in other states to work for Florida government offices for up to three years without passing the Florida exam, so long as they were employed in a public-sector role.

He argued that the Bar’s existing rules aim to protect private clients. These lawyers, however, would be representing government clients that need less protection, Uthmeier argued.

The Attorney General’s Office framed the idea as a response to staffing shortages, particularly in specialized areas of law where agencies compete with the private sector. He argued that experienced lawyers from other states should not be sidelined by exam schedules while agencies face growing caseloads and enforcement demands.

But the proposal ran into opposition from the Florida Bar. Members warned that the change would undermine the court’s constitutional authority to regulate the practice of law and weaken safeguards designed to protect the public. The Bar emphasized that the exam and vetting process are key mechanisms for ensuring lawyers understand Florida-specific law and meet ethical standards.

“While the bar shares a desire to ensure state agencies can effectively address attorney recruitment and retention challenges, and is sympathetic to these very real challenges, the structure and operation of (the proposal) run afoul of the text of the state Constitution and should therefore be denied,” the Bar wrote.

Uthmeier rebutted those concerns in his response.

“Opponents also suggest that government attorneys who have passed character and fitness reviews in another state but not in Florida could pose a danger to the public,” Uthmeier wrote. “An experienced attorney from out of state, however, poses far less risk to the public than a newly minted JD who just passed the bar.”

But the court agreed with the Bar. In its order issued this week, the Justices said existing rules already strike the proper balance between addressing workforce needs and maintaining public confidence in the legal profession. The court noted that current certification programs allow out-of-state lawyers to pursue admission while employed by the state, but stop short of letting them bypass the exam entirely.



Source link

Continue Reading

Politics

Department of Justice is reviewing more than 5.2 million documents related to Jeffrey Epstein

Published

on


The Department of Justice (DOJ) has expanded its review of documents related to the convicted sex offender Jeffrey Epstein to 5.2 million as it also increases the number of attorneys trying to comply with a law mandating release of the files, according to a person briefed on a letter sent to U.S. Attorneys.

The figure is the latest estimate in the expanding review of case files on Epstein and his longtime girlfriend Ghislaine Maxwell that has run more than a week past a deadline set in law by Congress.

The Justice Department has more than 400 attorneys working on the review, but does not expect to release more documents until Jan. 20 or 21, according to the person briefed on the letter who spoke on the condition of anonymity because they were not authorized to discuss it.

The White House did not dispute the figures laid out in the email, and pointed to a statement from Todd Blanche, the Deputy Attorney General who said the administration’s review was an “all-hands-on-deck approach.”

Blanche said Wednesday that lawyers from the Justice Department in Washington, the FBI, the Southern District of Florida, and the Southern District of New York are working “around the clock” to review the files. The additional documents and lawyers related to the case was first reported by The New York Times.

“We’re asking as many lawyers as possible to commit their time to review the documents that remain,” Blanche said. “Required redactions to protect victims take time but they will not stop these materials from being released.”

Still, Attorney General Pam Bondi is facing pressure from Congress after the Justice Department’s rollout of information has lagged behind the Dec. 19 deadline to release the information.

“Should Attorney General Pam Bondi be impeached?” U.S. Rep. Thomas Massie, a Kentucky Republican who helped lead the effort to pass the law mandating the document release, asked on social media this week.

Democrats also are reviewing their legal options as they continue to seize on an issue that has caused cracks in the Republican Party and at times flummoxed President Donald Trump’s administration.

Senate Democratic Leader Chuck Schumer said on social media that the latest figures from the Department of Justice “shows Bondi, Blanche, and others at the DOJ have been lying to the American people about the Epstein files since day one” and pointed out that the documents released so far represented a fraction of the total.

___

Republished with permission of The Associated Press.



Source link

Continue Reading

Politics

Donna Deegan administration cleared in State Attorney gun registry probe

Published

on


The 4th Circuit State Attorney’s Office says that while Jacksonville officials were guilty of “poor communication” regarding a registry of people carrying guns into City Hall and the Yates Building, there is no ground for criminal charges related to the practice.

“The logbook incident stemmed from poor communication and a lack of legal review — not from deliberate misconduct. Once identified, the City acted responsibly to end the practice, cooperated fully with investigators, and implemented corrective measures,” the investigative memo released New Year’s Eve said.

Gov. Ron DeSantis and others have pilloried the gun registry as a violation of constitutional rights by the Donna Deegan administration. The “Check Points and Perimeter Security” memo from Facility Manager Mike Soto was drafted June 30, 2023, during the transition between the outgoing Lenny Curry administration and Deegan’s incoming group. It was revised in July after Deegan was sworn in.

State Attorney Melissa Nelson’s Office notes that the city “stopped the practice immediately once it was discovered,” but not before “more than 140 entries recording the names, birthdates, ID numbers, and firearm types of over 100 individuals” were memorialized.

In the course of the investigation, the State Attorney’s Office issued subpoenas to Roy Birbal, former public safety chief Lakeisha Burton, Chief Administrative Officer Karen BowlingSteven LongPat McColloughKelli O’Leary, former acting General Counsel Bob Rhodes, Facilities Manager Mike Soto, and former city lawyer and current City Council lawyer Jason Teal.

The SAO concluded that “sanctions only apply when a registry is created ‘knowingly and willfully.’” The Public Works manager who created the registry did so because “he wanted data about how many people carried firearms into City buildings — believing it would improve preparedness in case of an emergency, not realizing it created a legal problem.”

Indeed, the General Counsel and senior officials in the administration did not review the practice that was in place for nearly two years.

Florida Statutes 790.335 bans registries under threat of criminal and civil penalties, including potential “felony of the third degree” charges and “a fine of not more than $5 million” via a civil action from the Attorney General. But the SAO’s conclusion that no crime was committed insulates the administration and its members from any such sanction.

“The City of Jacksonville fully cooperated with State Attorney Nelson and her office from start to finish, and we thank them for conducting a careful and thorough review,” read a statement from a Deegan administration spokesperson.

“They confirmed that the policy in question was implemented by an individual employee concerned with building security unbeknownst to Mayor Deegan or her leadership team. This practice immediately ended when it was brought to the administration’s attention. Jacksonville will always follow the law and support constitutionally protected rights.”



Source link

Continue Reading

Politics

Times Square to feature patriotic crystal ball for New Year’s Eve, kicking off US’s 250th birthday

Published

on


After the crystal ball drops on New Year’s Eve in New York City, it will rise again, sparkling in red, white and blue to usher in 2026 and kick off months of celebrations for the nation’s upcoming 250th birthday.

The patriotic touches at this year’s Times Square gathering, including a second confetti drop, will offer an early glimpse of what’s ahead: hundreds of events and programs, big and small, planned nationwide to mark the signing of the Declaration of Independence in 1776.

“I’m telling you right now, whatever you’re imagining, it’s going to be much more than that,” said America250 Chair Rosie Rios, who oversees the bipartisan commission created by Congress in 2016 to organize the semiquincentennial anniversary. “It’s going to be one for the ages, the most inspirational celebration this country and maybe the world has ever seen.”

Rios and her group worked with the Times Square Alliance business district and One Times Square, the building from where the ball is dropped, to make the changes to this year’s ceremonies. They’re also planning a second ball drop event on July 3, the eve of the nation’s birthday, “in the same beautiful style that Times Square knows how to do it,” Rios said.

It will mark the first time in 120 years there will be a ball drop in Times Square that doesn’t occur on New Year’s Eve, she said.

A New Year’s Eve ball was first dropped in Times Square in 1907. Built by a young immigrant metalworker named Jacob Starr, the 700-pound (318-kilogram), 5-foot- (1.5-meter-) diameter ball was made of iron and wood and featured 100 25-watt light bulbs. Last year, the Constellation Ball, the ninth and largest version, was unveiled. It measured about 12 feet (3.7 meters) in diameter and weighs nearly 12,000 pounds (5,400 kilograms).

The only years when no ball drop occurred were 1942 and 1943, when the city instituted a nightly “dimout” during World War II to protect itself from attacks. Crowds instead celebrated the new year with a moment of silence followed by chimes rung from the base of One Times Square.

This year, the stroke of midnight will also mark the official launch of America Gives, a national service initiative created by America250. Organizers hope to make 2026 the largest year of volunteer hours ever aggregated in the country.

On the following day, America250 will participate in the New Years Day Rose Parade in Pasadena, California, with a float themed “Soaring Onward Together for 250 Years.” It will feature three larger-than-life bald eagles representing the country’s past, present and future.

“We want to ring in this new year from sea to shining sea. What better way to think about it than going from New York to California,” Rios said. “This has to be community-driven, this has be grassroots. We’re going from Guam to Alaska, from Fairbanks to Philadelphia, and everything in between.”

President Donald Trump has also announced the “Freedom 250” initiative to coordinate additional events for the 250th anniversary.

Rios said she sees the wide range of celebrations and programs planned for the coming months, from large fireworks displays and statewide potluck suppers to student contests and citizen oral histories, as an opportunity to unite a politically divided nation.

“If we can find something for everyone … having those menus of options that people can pick and choose how they want to participate,” she said. “That’s how we’re going to get to engaging 350 million Americans.”

___

Republished with permission of the Associated Press.



Source link

Continue Reading

Trending

Copyright © Miami Select.