Stephanie L. Carman The Constitutional Corner€¦ · julian jackson-fannin melissa jordan group...

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8 DCBA BULLETIN | JUNE 2019 “I believe our efforts this year provided a renewed foundation for the DCBA’s purpose and existence and I am sure it will continue to grow and flourish for years to come.” For more information visit www.dadecountybar.org Continued on page 2 MARK YOUR CALENDAR Dade County Bar Association 123 N.W. First Avenue Miami, Florida 33128 “A Century of Service to Miami-Dade County” Programs and Services That Help You GROW Your Practice, GAIN Experience & GIVE Back BULLETIN JUNE 2019 DCBA OPPORTUNITIES IN THIS ISSUE: YLS Brickell Pilates x Carbon38 Collaboration The Constitutional Corner Page 3 Long Live Dissent: The Perspective of a Mediator Page 4 Empowering Patients to Conquer Medical Bills Page 5 Dade Legal Aid Page 6 and 7 THE DADE COUNTY BAR ASSOCIATION PRSRT STD U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 1110 Friends, Thank you for the opportunity to serve you as President over the last year. It has been an honor and an experience that I will always cherish. I have truly enjoyed getting to know so many of you over the years and I look forward to continuing our friendships. I believe our efforts this year provided a renewed foundation for the DCBA’s purpose and existence and I am sure it will continue to grow and flourish for years to come. It was a true team effort, and as my term comes to an end I will continue to work with and be involved in this esteemed organization. This year, we presented over 75 quality programs on key topics affecting our profession. We started off the year with an enjoyable Installation, thanks to Judge Scales for emceeing and presentations by Judge Ungaro, Justice Luck, and Chief Judge Soto, and a great retreat. We had a great reception for Florida Bar President Michelle Suskauer, a wonderful lunch with U.S. Attorney Ariana Fajardo Orshan, an educational lunch with the Judicial Nominating Committees, an engaging civility panel led by Chief Judge Soto and other distinguished members of the 11th Circuit, and an excellent lunch with Judge Bloom, Judge Becerra and Judge Reid of our federal bench. We had a tremendous Bench and Bar focused on diversity and inclusion, an important half-day seminar focused on attorney health and well-being, a constitutional program for the public, corporate counsel panels, a cryptocurrency panel, an IP lunch with Congressman Ted Deutch, e-discovery programs, and monthly probate luncheons. I would like to thank our Committee and Taskforce Chairs and Members for their hard work and commitment. A full list of our Chairs and committees are included below. With our Young Lawyers Section, we celebrated our amazing judiciary at our first Joint Judicial Reception and their work on behalf of our community at Miami Nights and program throughout the year. We renewed our commitment to our community, to pro bono and to working together, and joined Dade Legal Aid and other Voluntary Bar Associations and community service providers in sponsoring and co-sponsoring joint seminars, volunteer opportunities and events. Working together we can continue to serve our community. We remained committed to supporting a new courthouse and seeing it evolve. Chief Judge Soto and Judge Bailey are champions of the cause and we were happy to provide our support through a town hall and attendance at planning meetings. We also continued to honor our 11th Circuit and County Judges at their investitures and working with them on CLEs. This year, we worked frequently with the Third District Court of Appeal. I was privileged to speak at a number of retirements and investitures, the rededication of their distinguished courthouse, and at the induction ceremonies of the newest members of the Florida Bar. We also celebrated Chief Judge Emas over breakfast and were fortunate to have many of the judges present at our programs. This year, we renewed our focus on YOU, our members. We initiated a weekly President’s message and limited our email traffic. We also initiated a new approach to annual sponsorship, implemented new membership software for easier renewals and registrations, and commenced a full review of our Bylaws. MAY 29- JUNE 26 YLS JULY BAR PASSAGE PROGRAM LOCATION: UM LAW LIBRARY TIME: 6:30 PM JUNE 5 BREAKFAST WITH THE DEAN- ANTHONY PAGE FIU LAW LOCATION: HOGAN LOVELLS TIME: 8:30 AM JUNE 6 SOLO SMALL FIRM CLE GROW YOUR PRACTICE WHILE SETTING THE COURSE FOR A SUCCESSION PLAN LOCATION: HAMPTON INN- BRICKELL TIME: 12 PM JUNE 6 CRIMINAL COURT COMMITTEE MIXER LOCATION: NORTH ITALIA MARY BRICKELL VILLAGE TIME: 5:30 PM JUNE 7 HOW TO AVOID PITFALLS IN RESIDENTIAL LEASES WITH VIEWS FROM THE BENCH LOCATION: NORTH DADE JUSTICE CENTER TIME: 12 PM JUNE 15 DCBA’S 2019-20 INSTALLATION OF OFFICERS AND DIRECTORS LOCATION: THE HISTORIC ALFRED I. DUPONT BUILDING Stephanie Carman 102nd President of the Dade County Bar PRESIDENT’S MESSAGE

Transcript of Stephanie L. Carman The Constitutional Corner€¦ · julian jackson-fannin melissa jordan group...

Page 1: Stephanie L. Carman The Constitutional Corner€¦ · julian jackson-fannin melissa jordan group two stella chu natalie rico stuart weissman stephanie grosman jacqueline ledon jaime

8 DCBA BULLETIN | JUNE 2019

“I believe our efforts this

year provided a renewed

foundation for the DCBA’s purpose and

existence and I am sure it

will continue to grow and flourish for

years to come.”For more information visit www.dadecountybar.org

Continued on page 2

MARK YOUR CALENDAR

Dade County Bar Association 123 N.W. First Avenue Miami, Florida 33128 “A Century of Service to Miami-Dade County”

Programs and Services That Help You GROW Your Practice, GAIN Experience & GIVE Back

BULLETIN

JUNE 2019

DCBA OPPORTUNITIESIN THIS ISSUE:YLS Brickell Pilates x Carbon38 Collaboration

The Constitutional CornerPage 3

Long Live Dissent: The Perspective of a Mediator Page 4

Empowering Patients to Conquer Medical Bills Page 5

Dade Legal AidPage 6 and 7

TH

E D

AD

E C

OU

NT

Y B

AR

ASS

OC

IAT

ION

PRSRT STD

U.S. POSTAGE PAID

MIAMI, FL

PERMIT NO. 1110

Friends,

Thank you for the opportunity to serve you as President over the last year. It has been an honor and an experience that I will always cherish. I have truly enjoyed getting to know so many of you over the years and I look forward to continuing our friendships. I believe our efforts this year provided a renewed foundation for the DCBA’s purpose and existence and I am sure it will continue to grow and flourish for years to come. It was a true team effort, and as my term comes to an end I will continue to work with and be involved in this esteemed organization.

This year, we presented over 75 quality programs on key topics affecting our profession. We started off the year with an enjoyable Installation, thanks to Judge Scales for emceeing and presentations by Judge Ungaro, Justice Luck, and Chief Judge Soto, and a great retreat. We had a great reception for Florida Bar President Michelle Suskauer, a wonderful lunch with U.S. Attorney Ariana Fajardo Orshan, an educational lunch with the Judicial Nominating Committees, an engaging civility panel led by Chief Judge Soto and other distinguished members of the 11th Circuit, and an excellent lunch with Judge Bloom, Judge Becerra and Judge Reid of our federal bench. We had a tremendous Bench and Bar focused on diversity and inclusion, an important half-day seminar focused on attorney health and well-being, a constitutional program for the public, corporate counsel panels, a cryptocurrency panel, an IP lunch with Congressman Ted Deutch, e-discovery programs, and monthly probate luncheons. I would like to thank our Committee and Taskforce Chairs and Members for their hard work and commitment. A full list of our Chairs and committees are included below.

With our Young Lawyers Section, we celebrated our amazing judiciary at our first Joint Judicial Reception and their work on behalf of our community at Miami Nights and program throughout the year.

We renewed our commitment to our community, to pro bono and to working together, and joined Dade Legal Aid and other Voluntary Bar Associations and community service providers in sponsoring and co-sponsoring joint seminars, volunteer opportunities and events. Working together we can continue to serve our community.

We remained committed to supporting a new courthouse and seeing it evolve. Chief Judge Soto and Judge Bailey are champions of the cause and we were happy to provide our support through a town hall and attendance at planning meetings. We also continued to honor our 11th Circuit and County Judges at their investitures and working with them on CLEs.

This year, we worked frequently with the Third District Court of Appeal. I was privileged to speak at a number of retirements and investitures, the rededication of their distinguished courthouse, and at the induction ceremonies of the newest members of the Florida Bar. We also celebrated Chief Judge Emas over breakfast and were fortunate to have many of the judges present at our programs.

This year, we renewed our focus on YOU, our members. We initiated a weekly President’s message and limited our email traffic. We also initiated a new approach to annual sponsorship, implemented new membership software for easier renewals and registrations, and commenced a full review of our Bylaws.

MAY 29- JUNE 26YLS JULY BAR PASSAGE PROGRAMLOCATION: UM LAW LIBRARY TIME: 6:30 PM

JUNE 5BREAKFAST WITH THE DEAN- ANTHONY PAGE FIU LAW LOCATION: HOGAN LOVELLS TIME: 8:30 AM

JUNE 6SOLO SMALL FIRM CLE GROW YOUR PRACTICE WHILE SETTING THE COURSE FOR A SUCCESSION PLAN LOCATION: HAMPTON INN- BRICKELL TIME: 12 PM

JUNE 6CRIMINAL COURT COMMITTEE MIXERLOCATION: NORTH ITALIA MARY BRICKELL VILLAGETIME: 5:30 PM

JUNE 7HOW TO AVOID PITFALLS IN RESIDENTIAL LEASES WITH VIEWS FROM THE BENCH LOCATION: NORTH DADE JUSTICE CENTER TIME: 12 PM

JUNE 15DCBA’S 2019-20 INSTALLATION OF OFFICERS AND DIRECTORSLOCATION: THE HISTORIC ALFRED I. DUPONT BUILDING

Stephanie Carman102nd President of

the Dade County Bar

PRESIDENT’S MESSAGE

Page 2: Stephanie L. Carman The Constitutional Corner€¦ · julian jackson-fannin melissa jordan group two stella chu natalie rico stuart weissman stephanie grosman jacqueline ledon jaime

www.dadecountybar.org 3 2 DCBA BULLETIN | JUNE 2019

OFFICERSSTEPHANIE L. CARMAN, President*

GILBERT K. SQUIRES, President-Elect*JANE MUIR, Vice President*

SABRINA PUGLISI, Secretary*ERIC HOCKMAN, Treasurer*

JACQUELINE KIVIAT, Executive Director

JOHNNIE M. RIDGELY, Executive Director (1965-2006)

GROUP ONELATOYA BROWN

JULIAN JACKSON-FANNINMELISSA JORDAN

GROUP TWOSTELLA CHU

NATALIE RICOSTUART WEISSMAN

STEPHANIE GROSMANJACQUELINE LEDON

JAIME VINING

GROUP THREEPATRICK MONTOYAZACHARY JAMES

MIRANDA LUNDEEN SOTOALICE SUMIRENE ORIA

EVELINA LIBHEN

GROUP FOURTHOMAS SANTORO

JACQUELINE ARANGOJEFF P. CYNAMON

JULIE HARRIS NELSONLORI SOCHIN

GROUP FIVERICHARD LESLIESCOTT L. BAENA

STANFORD BLAKEDAVID ROGERO

NEIL ROBERTSONPATRICIA REDMOND

RICHARD LESLIE, ABA Delegate

DADE COUNTY BAR ASSOCIATIONYOUNG LAYWERS SECTION

BOARD OF DIRECTORS 2018-2019

OFFICERSEVIAN L. WHITE DE LEON, PRESIDENTISABELLA POSCHL, PRESIDENT-ELECT

KRISTEN CORPION, SECRETARYSCOTT MERL, TREASURER

2018-2019 DIRECTORSMICHAEL T. DAVIS

RACHAEL MITCHELL FAGENSONAMBER KORNREICHDANIEL ROWINSKYRICHARD D. SHANE

JIHAN SOLIMAN

2018-2020 DIRECTORSMARIANNE CURTIS

TIFFANY-ASHLEY DISNEYDARYL GREENBERG

MICHAEL LEVINERODRIGO PALOMINO

NIKKI RIGLJUSTIN STIVERS

BULLETIN COMMITTEEKATHERINE MASTRUCCI, CO-CHAIR

MIHAI VRASMASU, CO-CHAIR123 NW FIRST AVENUE #214

MIAMI, FLORIDA 33128305-371-2220

YLS Brickell Pilates x Carbon38 Collaboration BY EVIAN WHITE DE LEON

The Young Lawyers Section was thrilled to collaborate with the fabulous Lorin Jetter at Brickell Pilates for a sun-soaked Pilates jam with our friends at MDFAWL on

April 13, 2019. With the generous sponsorship of Carbon38 and

I would like to thank my Officers (Gilbert, Jane, Sabrina and Eric), the Executive Committee (David, Tom, Jackie, Zack and Nicole) and my Board for their dedication and diligence in addressing DCBA work and ensuring the lasting success of our association. I would also like to thank the YLS Officers and Board for their service and great work. A special thanks to our sponsors who made it all possible (see a full list below) and former DCBA and YLS Presidents for their support this year.

I would like to thank those who made this possible, my law firm Hogan Lovells, the Miami Office’s Managing Partner Richard Lorenzo, and the team I have worked with since joining in 2001.

I would also like to thank my parents, Gary and Claudia Carman, my sister Jennifer and my brother Jonathan who provided unlimited support throughout the year.

Last but not least, I extend a special thank you to our DCBA staff for ensuring a successful year. Jacqui, Shay, Yami, Kamilah, Ari, Scarlet and Thomas have proven to be a great team and if this first year together was any indication, they will only get better.

The DCBA plays an important role in our profession and our community. There are so many ways to get active with the DCBA and I encourage you all to do so. There is a lot to do and we can only succeed with your support. I leave you in great hands with President Squires, the Officers, and the Board. The DCBA team and I are here for them to offer our advice and counsel for the future.

Thank you for your continued support throughout the year. I look forward to seeing you at the remaining events this year and in the years to come.

Stephanie L. Carman

Midtown 5, the beautiful views from the pool deck and promises of Carbon38 swag distracted us from the intensity of the workout. Last, but not least, if you want some of that Carbon38 gear, use promo code LORIN20 for 20% off your purchase.

Evian White De Leon is Program & Policy Director at Miami Homes For All, Inc.

DADE COUNTY BAR ASSOCIATIONBoard of Directors 2018-2019

COMMITTEES & COMMITTEE CHAIRS

APPELLATE COURTAARON DANIEL

KATHRYN ENDER

BANKRUPTCY LAWBARRY TURNER

JONATHAN FELDMAN

CIVIL LITIGATIONJUAN FARACHJAVIER REYES

COUNTY COURTLEONARD ELIAS

CRIMINAL COURTJUDE FACCIDOMO

DIVERSITY & INCLUSIONLOREAL ARSCOTT

YOLANDA STRADER

ENVIRONMENTAL & LAND USEGARY HELD

LAURA WENDELL

FAMILY LAWRAUL PEREZ-CEBALLOS

GEOFFREY VALDES

FEDERAL COURTAMIR ISAIAH

PETER VALORI

FL REGISTERED PARALEGALKAREN GEORGE

MONIQUE SARRAFF-RAVELO

GOVERNMENT RELATIONSERIC HOCKMANVICKY MENDEZ

HEALTH & WELLNESSSUZETTE RUSSOMANNO

GERI SATIN

IMMIGRATIONPATRICIA ELIZEE

MELISA PENA

INTELLECTUAL PROPERTY“JOHN” WILLIAM EAGAN

JAIME VINING

INTERNATIONAL LAWHAROUT SAMRA

JUVENILE COURTJORGE TORMES

BRITTANY BONNER

LABOR & EMPLOYMENTZASCHA ABBOTTPORPOISE EVANS

LAW & TECHNOLOGYERIC BOOS

ASHLEY RICH

PROBATE & GUARDIANSHIPBOB MOSCHELL

RICHARD MILSTEIN

PROFESSIONALISMVIVIAN REYESRUSS JACOBS

REAL PROPERTYJEFF CYNAMONGISELA MUNOZ

JONATHAN NEWBERG

SOLO/SMALL FIRMYVETTE AYALAJOSH HERTZ

ADMINISTRATIVE COMMITTEESBULLETIN

KATHERINE MASTRUCCIMIHAI VRASMASU

JUDICIAL POLL COMMITTEEJENNIFER CARMAN

JEFFREY COHEN

STANDING COMMITTEESBUDGET

ERIC HOCKMAN

BY-LAWSMELISSA JORDON

THOMAS SANTORO

COURTS ELECTIONSTHOMAS SANTORO

LEGAL AID & OFFICE OF PUBLIC SERVICEVICTORIA DEBAYLE

KAREN LADIS

MEMBERSHIPSTEPHANIE GROSMAN

LACEY HOFMEYER

TASKFORCES COURTHOUSE TASKFORCE

GARY CARMAN BERTILA “BILLY” FERNANDEZ

ANABEL NEMROW

TECHNOLOGY TASKFORCE CHRISTY VALDES

SPONSORSDIAMONDIBERIA BANK

WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.

GOLDAKERMAN LLP

COLE, SCOTT & KISSANEFLORIDA LAWYERS MUTUAL INSURANCE COMPANY

SALAZAR LAWUPCHURCH WATSON WHITE & MAX

SILVERBILZIN SUMBERGCARLTON FIELD

CYPEN & CYPEN (JEROME A. YAVITZ CHAIRITABLE FOUNDATION, INC.)GREENBERG TRAURIG, P.A.

JAMSRUSSOMANNO & BORRELLO, P.A.

SAUL EWING ARNTSEIN & LEHR LLPVERITEXT

BRONZEBERGER SINGERMAN

CONTACT DISCOVERY SERVICESCROSSROADS INVESTIGATIONDIMOND KAPLAN & ROTHSTEIN

DORTA LAWDUANE MORRIS

FISKE & COMPANYGOLDBERG AND ROSENKUEHNE DAVIS LAW, P.A.

LEXISNEXISPODHURST ORSECK, P.A.

REGIONS PRIVATE WEALTH MANAGEMENTROBERT HALF LEGAL

ROBERT L. PARKSSHUBIN BASS

US LEGAL SUPPORT

INDIVIDUALAKERMAN LLP

ATLAS VIRTUAL PARALEGALBANK OZK

BELL ROSQUETE REYES, PLLCBOIES SCHILLER & FLEXNER LLP

BOYD RICHARDS PARKER & COLONNELLI, P.L.BROAD AND CASSEL LLP

BRODSKY FOTIU-WOJTOWICZBUCKNER, SHIFRIN, ETTER, DUGAN & BRADFUTE, P.A.

CALAS GROUPCARLTON FIELDS

CFLI - COLLABORATIVE FAMILY LAW INSTITUTECOFFEY BURLINGTON

COLE SCOTT & KISSANECRABTREE & AUSLANDER

DADE LEGAL AIDDAVID ROGERO

DDR LLP - DOLAN DOBRINSKY ROSENBLUMDLD LAWYERS

ELLEN LEESFIELD ADREVELINA LIEBHEN, P.A.

FINANCIAL FORENSIC GROUP, P.A.FOSTER-MORALES SOCKEL-STONE

FOWLER WHITE BURNETTGIMCO USA

GRAY ROBINSON, P.A.GREENBERG TRAURIG, P.A.

GROSSMAN ROTH YAFFA COHENHARKE LAW FIRM LLPHICKEY LAW FIRM, P.A.HOGAN LOVELLS LLP

HOLLAND & KNIGHT LLPISICOFF RAGATZ & KOENIGSBERG, P.A.

KATZ BARRONKENNY NACHWALTER

KULA & ASSOCIATES, P.A.LAW OFFICE OF PAUL MORRIS

LEVINE KELLOGG LEHMAN SCNEIDER & GROSSMAN LLP MARTINEZ-SCANZIANI & ASSOCIATES

MCCLUSKEY, MCDONALD & HUDGHES, P.A.OSPINA EVERETT & SHECHTER, LLP

PARKER LAWPHILIP D. PARRISH, P.A. (PARRISH APPEALS)

PODHURST ORSECKREED SMITH

ROSS & GIRTENRUSSO APPELLATE

RUSSOMANNO & BORELLO, P.A.SABRINA PUGLISI

SAMSON APPELLATE LAWSOBERLINK

ST. THOMAS UNIVERSITY SCHOOL OF LAWSTAN BLAKE

STERNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.STEWART TILGHMAN FOX BIANCHI & CAIN, P.A.

UNIVERSITY OF MIAMIWALTON LANTAFF SCHROEDER & CARSON LLP

WEISBERG KAINEN MARK, PLWEISS SEROTA HELFMAN COLE & BIERMAN

WHITE & CASEWICKER SMITH

BY HONORABLE MILTON HIRSCH In 1807,

Aaron Burr, former Vice President of the United States, was tried for treason. The trial was

presided over by Chief Justice John Marshall. Burr participated in his own defense, but was also represented by (among others) Luther Martin, a legendary trial lawyer of that era.

On June 9, Burr made an application to the court: President Jefferson, in a proclamation to Congress the previous November 27, had referred to a letter and other papers received by him from General Wilkinson, the principal witness against Burr. Burr had good reason to believe that these papers would exculpate him in part, and would demonstrate that the case against him was a political plot to discredit and destroy him. He had applied to the Secretary of the Navy for permission for his counsel to inspect these papers, and had been denied. “Hence,” claimed Burr, “I feel it necessary ... to call upon [the court] to issue a subpoena to the President of the United States, with a clause, requiring him to produce certain papers; or in other words, to issue the subpoena duces tecum.”

Marshall labored long and hard over the order adjudicating the motion. That order concluded:

The Constitutional Corner

“It cannot be denied that to issue a subpoena to a person filling the exalted station of the [presidency] is a duty which would be dispensed with more cheerfully than it would be performed; but, if it be a duty, the Court can have no choice in the case. If then, as is admitted by the counsel for the United States, a subpoena may issue to the President, the accused is entitled to it of course; and, whatever difference may exist with respect to the power to compel the same obedience to the process as if it had been directed to a private citizen, there exists no difference with respect to the right to obtain it.”

The principle is as old as Magna Carta: Rex non debet esse sub homine, sed sub Deus et lege. The king – or the president – is not subject to other men, but is subject to God and the law.

The Honorable Milton Hirsch has been a judge of the 11th Judicial Circuit of Florida since January of 2011. He is also an adjunct professor of law at the University of Miami School of Law and at St. Thomas Law School. In 2016, he became the recipient of the Dade County Bar Association’s “Criminal Justice Award” for his outstanding contribution to Miami-Dade County’s criminal justice system. The above passage is an excerpt from Judge Hirsch’s Constitutional Calendar. If you would like to be added to the Calendar’s distribution list, please contact Judge Hirsch at [email protected] with your name and e-mail address.

Continued from cover

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www.dadecountybar.org 5 4 DCBA BULLETIN | JUNE 2019

Articles published in the February 2019, June 2018, and April 2013 editions of Bulletin collectively conclude

that the Mediator Ethics Advisory Committee of The Florida Supreme Court (“MEAC”) has issued six cited advisory opinions that require modification. MEAC did not thoroughly research the issues, ignored the applicability of legislative and judicial authority, and declined to address foreseeable consequences when the cited opinions are applied literally. The prior three articles in Bulletin may be found at https://www.dadecountybar.org/page/bulletin. The following is a barebones recapitulation of data to support this dissent.

Congress enacted Title VI of The Civil Rights Act of 1964 (“The Civil Rights Act”) to prevent discrimination in all state civil court ordered mediation programs. Recognizing each state has limited resources, The Civil Rights Act requires the state civil courts to take reasonable steps to provide less English proficient (“LEP”) litigants meaningful access to court ordered mediation programs. As to the differing reasonable steps taken and contemplated in each state, this dynamic area may be suitable for continuing mediator education (CME).

Five of the six cited MEAC advisory opinions are based on two somewhat utopian concepts: namely, a mediator is prohibited from taking on the dual role of mediator and interpreter or translator, and/or it is inappropriate for a mediator to memorialize any agreement reached in a language other than the one in which the mediation was conducted.

MEAC describes genuine benefits that may be derived from implementing these two ideal concepts. Unfortunately, however, the Florida court system lacks the required human and financial resources to implement the concepts in all civil court ordered mediation programs. As a result, the somewhat utopian ideals, if rigidly applied, would deny a LEP litigant meaningful access to court ordered mediation programs and would create impediments to the practice of bilingual mediation. These negative consequences were emphatically expressed in a 2014 Dissent Opinion to the MEAC majority opinion 2014-009 in which, based on insufficient information, an LEP litigant could have been denied meaningful access

Long Live Dissent: The Perspective of a Mediator

to mediation.

Florida civil courts routinely order cases to mediation on terms that flatly contradict the five MEAC opinions. In Family Court dissolution of marriage mediations with an LEP litigant, the Court either will appoint a bilingual contract mediator to perform the dual role of mediator and interpreter or translator or it will appoint an English speaking contract mediator who will utilize an interpreter selected by the parties. In either event, the LEP litigant will be asked to sign an agreement written in English, a language he/she cannot read. The parties may be pro se or represented by counsel. Every contract family mediator must agree in writing to comply with The Civil Rights Act and to adhere to that personal obligation. The cited MEAC advisory opinions do not acknowledge the existence of The Civil Rights Act and that civil court referrals to mediation are on terms that contradict its opinions.

In the sixth advisory opinion, an entirely separate matter, MEAC was asked whether mediators may comply with a highly ambiguous local rule of a federal bankruptcy court which ordered mediators to report the failure of the parties to mediate in good faith. The inquirer pointed out that Florida case law states there is no requirement to mediate in good faith, Avril v Civilmar, 605 So.2d 980-990 (Fla. 4th DCA 1992). MEAC never asked the bankruptcy court if a mediator had an affirmative duty to probe into the conduct of the parties and how such probe, if any, might impact the rights of the parties to due process and a trial. Without such research, MEAC opinion 2012-005 unequivocally stated since a mediator must comply with federal judicial authority (the bankruptcy court rule), he/she may make the requested disclosure in a manner consistent with the ethical rules for Florida mediators. No further comment or suggested course of action was provided. Thereafter, with an explanatory assist from a bankruptcy court mediation program authority and by exercising constructive pragmatic initiative, mediators ethically developed a rationale to comply with the ambiguous local rule. One may speculate as to whether the conduct of said mediators would be the same in the event the relevant MEAC advisory opinion had contained a negative response. The bankruptcy court subsequently modified its local rule.

It is obvious a mediator may be confronted with an ambiguous judicial or legislative directive and, at his/her own peril, asked to exercise pragmatic ethical judgment. Another example is the previously mentioned English speaking only mediator who is court

ordered to conduct a dissolution of marriage mediation with an LEP litigant using an interpreter selected by the parties. The mediator most likely will learn the selected interpreter is untrained as such and both parties and the interpreter do not fully understand the proper role of an interpreter. The parties may be pro se or represented by counsel who may be bilingual. That presents a real challenge.

The February 2019 Bulletin article also asks MEAC to confirm that mediators have absolute judicial immunity in the same manner and extent as a judge when the conduct of a mediator contradicts the MEAC opinions and/or the mediator is challenged to comply with ambiguous legislative or judicial authority.

The leading United States Supreme Court decision on absolute judicial immunity is Stump v Sparkman, (435 U.S. 349 (1978). It is an extremely controversial case. The case involved an Indiana judge who, in 1971, signed an ex parte order granting the petition of a mother to have her “somewhat retarded” 15-year-old daughter sterilized. Without a hearing or citing statutory authority, the judge signed the order on the same day the petition was received. The daughter was not furnished any notice, was not represented at the proceeding, and a guardian ad litem was not appointed to represent her best interest. No record of this “case” or proceeding was filed with the clerk of the court; therefore, the daughter would never have an opportunity to appeal. One week later, being told she was having her appendix removed, the daughter entered a local hospital where a tubal ligation was performed on her. Two years later, the daughter married and, failing to conceive a child, eventually learned she had been sterilized pursuant to the unrecorded court order. The daughter and her husband sued the judge and others associated with the surgical sterilization.

The United States Supreme Court, in a 5-3 decision, decided the judge had absolute judicial immunity from suit. Subsequently, the other defendants also were held immune and thus the daughter was denied a lawful remedy. The Supreme Court determined the judge had the authority to hear the petition [subject matter jurisdiction]; did not violate any existing law; his signing of the order was a judicial act; and his exercise of authority though flawed by the commission of “grave procedural errors” was to be excused. Tested by time, this rationale to support a need for absolute judicial immunity is a misguided evasion of judicial and moral responsibility. Under our concept of justice, we now agree

a judge has an undeniable duty to grant a female juvenile a voice in a proceeding to hear a petition for her irreparable physical harm (sterilization) and a duty to appropriately file a record of the proceeding with the clerk of the court to protect her right to appeal the decision. We further agree these concurrent errors of omission are substantive and not “procedural.” In recognition thereof, significant changes in law have been passed to protect the rights of women and children and the gender composition of our courts has been altered permanently. Our system of justice shall never be perfect and no male or female judge ought to be permitted to act above the law. Painfully, the 40-year-old lawful male majority “solution” to the extremely difficult issue raised in Stump v Sparkman never possessed a moral basis for its continued general acceptance (much like “separate but equal”). There is an alternative to be sought as the times have changed (ultimately the people choose the law of the land). And, the impact of that Supreme Court decision still weighs upon the reproductive autonomy of poor people and minorities, especially women.

In the Stump v Sparkman case, the vigorous dissent opinions were followed by countless critical public commentaries, law review articles, and books. Included among the law review articles are “Judicial Immunity vs. Due Process: When Should a Judge Be Subject to Suit” by Robert Craig Walters (a Judicial Clerk on The Florida Supreme Court), and “A Sordid Case: Stump v Sparkman, Judicial Immunity, and the Other Side of Productive Rights” by Laura T. Kessler.

The original intent of this article was to once again express memorable verbal and written dissents to the cited MEAC advisory opinions. “You do not become a dissident just because you decide one day to take up that most unusual career. You are thrown into it by your personal sense of responsibility, combined with a complex set of external circumstances. You are placed in a position of conflict . . . It begins with an attempt to do your work well” (Vaclav Havel, Czech playwright, poet, and political dissident).

Patrick J. Mastronardo, Esq. is is a Florida Supreme Court certified Circuit Civil, Family, County, Dependency, and Appellate mediator, qualified as an Arbitrator in the State of Florida, a former member of the Florida Supreme Court’s Mediator Ethics Advisory Committee (2009 thru June 2017), a participant in The Florida Bar Grievance and Fee Arbitration program, and a member of the ADR Section of the Florida Bar (not a member of The Florida Bar). Mr. Mastronardo is a retired member of The New York Bar, and a former Wall Street commercial banker, chief corporate financial officer, and international business owner. He is a a graduate of Fordham University School of Law. Website: www.patsolution.com Email [email protected].

BY PATRICK J. MASTRONARDO Patients, whether insured or uninsured, often face expected and unexpected medical bills from hospitals, medical facilities

and healthcare providers. While patients and consumers have a choice as to their health plan, they do not have a say in the contracts between health insurers, hospitals and healthcare providers. This is important because health insurers negotiate contract rates for medical services on behalf of patients. Providers will then bill for services at their standard rates and charge the remainder to patients as part of the co-pay, deductible or remaining balance. This structure leaves patients in the dark related to the medical costs they must bear or not bear. The most common types of health insurance plans are HMOs, PPOs and POS plans. In 2017 employer-based health insurance was the most common, covering 56% of the population for some or all of the calendar year, followed by Medicaid 19.3%, Medicare 17.2%, direct-purchase coverage 16.0%, and military coverage 4.8%. Florida patients have rights and remedies guaranteed by statute when medical billing issues arise, especially when emergency medical services are rendered. This article will discuss patient rights and remedies under Florida law related to medical bills.

A. Transparency of Medical Bills

Patients and providers should be aware that Florida law requires transparency when it comes to medical bills. The Florida Patient Bill of Rights and Responsibilities under Section 381.026, Florida Statutes, states that patients are entitled to receive itemized billing information when requested, along with an explanation of any charges. This section applies to hospitals, ambulatory surgical centers, medical doctors, osteopathic physicians, podiatric physicians, nurse practitioners and hospice service providers. Sections 458.323 and 459.012, Florida Statutes, require that a patient receive itemized billing information from medical doctors and osteopathic physicians. The law specifically states that, whenever a licensed physician renders professional services to a patient, the physician is required, upon request, to submit to the patient, the patient’s insurer, or any state or federal administrative agency under which the patient is entitled to benefits, an

Empowering Patients to Conquer Medical Bills

itemized statement of the specific services rendered and the charge for each. A physician may not condition the furnishing of an itemized statement upon prior payment of the bill.

Likewise, section 395.301(1)(d)(1), Florida Statutes, requires hospitals to provide itemized billing information to patients. The information must be provided within seven days after the patient’s discharge or release or after a request for such statement or bill, whichever is later. The initial statement or bill must contain a statement of specific services and expenses incurred by date and provider for such items of service, enumerating in detail the services received within each department of the licensed facility and including unit price data on rates charged by the licensed facility. The statement or bill must also clearly identify any facility fee and explain the purpose of the fee, identify each item as paid, pending payment by a third party, or pending payment by the patient, and must include the amount due with a due date. The initial statement or bill must also direct the patient to contact the patient’s insurer or health maintenance organization regarding the patient’s cost-sharing responsibilities. Chapter 395, Florida Statutes, also requires hospitals to provide estimates to patients upon request prior to the provision of medical services.

Once patients receive the required information, they can properly evaluate the costs of medical services charged. The first step is to determine the patient responsibility based upon the insurance contract. Once this is done, patients must then evaluate charges to determine if they are reasonable. Under Florida law, medical bills are considered offers, not obligations to pay. See A.J. v. State, 677 So. 2d 935, 937 (4th DCA 1996). This allows patients to make counter offers when they receive a medical bill and to engage in negotiations. Furthermore, patients are only required to pay the reasonable amount of services provided by healthcare professionals. The reasonable amount is determined by comparing the charges with all charges for the specific procedure in the geographic area. Medical coding and audits can help patients determine the actual reasonable charges to be paid.

B. Billing Medicare PatientsMedicare recipients are entitled to

certain protections by law. Pursuant to Section 456.056 (3), Florida Statutes, if treatment is provided to a Medicare beneficiary for an emergency medical condition as

defined in Section 395.002(8)(a), Florida Statutes, the physician must accept Medicare assignment, provided that the requirement to accept Medicare assignment for an emergency medical condition shall not apply to treatment rendered after the patient is stabilized, or if the treatment is unrelated to the original emergency medical condition. Section 456.056(5), Florida Statutes, further states that “[a]ny attempt by a primary physician or a consulting physician to collect from a Medicare beneficiary any amount of charges for medical services in excess of those authorized under this section, other than the unmet deductible and the 20 percent of charges that Medicare does not pay, shall be deemed null, void, and of no merit.”

C. Billing HMO PatientsSection 641.31, Florida Statutes,

governs HMO contracts. Every HMO contract must state that emergency services and care shall be provided to subscribers in emergency situations not permitting treatment through the health maintenance organization’s providers, without prior notification to and approval of the organization. See §641.31(12), Fla. Stat. In this situation, the HMO must pay, not less than 75 percent of the reasonable charges for covered services and supplies, up to the subscriber contract benefit limits. Payment may be subject to applicable copayment provisions, not to exceed $100 per claim. Patients should also be aware that some insurance contracts, mainly HMO contracts, do not allow providers to balance bill patients, meaning that after the insurance pays, the provider cannot recover more than the co-pay and deductible from the patient.

D. Balance Billing Patients by Out of Network Provider

A health insurer is solely liable for payment of fees to a nonparticipating provider of covered emergency services provided to an insured patient in accordance with the coverage terms of the patient’s health insurance policy. See §627.64194(2), Fla. Stat. If a patient receives emergency services by an out of network provider, the patient is not liable for payment of fees for covered services to a nonparticipating provider of emergency services, other than applicable copayments, coinsurance, and deductibles. Furthermore, if a patient receives non-emergency medical services from a health care provider who is out of network, but provides medical services in a facility that is in network, a patient is not liable for payment of fees to the non-participating provider, other than applicable copayments,

coinsurance, and deductibles. Nor is the patient liable when he or she does not have the ability and opportunity to choose a participating provider at the facility who is available to treat the insured. The patient’s insurance company is solely liable for payment of fees to the non-participating provider. See §627.64194(3), Fla. Stat.

E. RemediesThe patient bill of rights makes

clear that the disclosure of financial information and itemized billing information from healthcare professionals is required, yet there is no mechanism to bring legal action under the Patient Bill of Rights for a violation. However, there are other legal theories allowing patients to bring actions related to violation of their rights when there are inappropriate billing practices related to medical charges. First, if a facility or healthcare provider fails to provide the requested information, a patient can initiate legal action to the extent damages resulted from the non-disclosure of billing information. Second, when a bill is sent to a third-party collection agency by a healthcare provider or facility for a balance not owed, or for unreasonable charges, the patient may bring an action under the Fair Debt Collection Practices Act. This may result in strict liability against the collection agency for billing patients inappropriately. Third, the same type of inappropriate billing practices can give rise to a cause of action under the Florida Deceptive and Unfair Trade Practices Act when healthcare providers and collection agencies bill patients for charges they are not responsible for and/or induce patients to pay for bills that are inflated and superfluous. Lastly, when hospitals induce patients to pay for charges that are above the reasonable amount, patients may have a cause of action under fraud in the inducement for the hospital’s misrepresentation of the reasonable charge. Patients should dispute medical bills upon receipt, and not later than 30 days from receipt, to reserve their rights to bring legal action for any disputes that may arise. Uninsured patients need to focus on the reasonableness of any charges while insured patients need to focus first on the structure and requirements of the insurance policy, and second, the reasonableness of the charges. Transparency of medical bills is a challenge that can be overcome by the laws enunciated for Florida’s patients.

Maria T. Santi is the founder and Managing Attorney of the Health and Medicine Law Firm in Coral Gables, FL. She represents patients throughout Florida in medical bill disputes, health insurance appeals, and civil actions against health insurers, medical and elder facilities, and medical professionals when patient rights are violated.

BY MARIA T. SANTI

Page 4: Stephanie L. Carman The Constitutional Corner€¦ · julian jackson-fannin melissa jordan group two stella chu natalie rico stuart weissman stephanie grosman jacqueline ledon jaime

www.dadecountybar.org 7 6 DCBA BULLETIN | JUNE 2019

On April 13, 2019, Dade Legal Aid celebrated its 70th anniversary at Band Together for Dade Legal Aid, an epic concert featuring talented lawyer-staffed bands at a community-wide celebration. The Honorable Richard Suarez (ret.) served as Master of Ceremonies and kicked off the festivities by welcoming guests and introducing Crazy Tall, featuring Circuit Court Judge Spencer Multack on guitar; Dade Legal Aid Domestic Violence Attorney Steven Paulson on drums and vocals; Bart Garratt on keyboards; Vicky Cabrera on vocals; Mark Ochoa on bass; and Manny Sardina on guitar. Following their performance, Judge Yvonne Colodny, Eleventh Circuit Administrative Judge, Probate Division, recognized the dedicated staff of Dade Legal Aid and thanked the Guardianship team for their assistance and dedication in helping nearly 1,000 low-income families in need of Guardianship services each year. She also recognized every lawyer in Miami-Dade County who helps the Court by “Putting Something Back” and taking cases. Next, Eleventh Circuit Judge Martin Zilber encouraged guests to get involved and take a pro bono case. He then introduced The Urge, comprised of Fred Fein, a partner with Clyde & Co, on lead vocals and guitar; Mark Meland, a partner at Meland Russin & Budwick, P.A., on lead vocals and bass; Dean Crews on lead guitar and vocals; and Frank Del Campillo on drums.

Following a brief intermission, IBERIABANK was recognized on stage for its ongoing support. Bert De Armas, Vice President, received a plaque and recognition for IBERIABANK’s support and involvement in “Battle of the Bands” since its inception. We were delighted to have so many dignitaries, distinguished members of the judiciary, and other guests in attendance in support of Dade Legal Aid’s celebration: Miami-Dade County Commissioner Daniella Levine Cava; Florida Bar President Elect Dori Foster Morales; City of Miami Beach Manager Jimmy Morales; City of Key Biscayne former Mayor Mayra Lindsey; Florida Bar Board of Governors member Steve Davis; Dade County Bar Association President Stephanie Carman; Wilkie D. Ferguson, Jr. Bar Association President Monique Hayes; Miami-Dade FAWL President Elect and Dade Legal Aid Advisory Board member Elisa D’Amico; and numerous others. We are so grateful for the support for Dade Legal Aid.

Judge Suarez then introduced the Chillable Hours, which consists of 100% University of Miami School of Law alumni: Jeff Kucera, a partner with K&L Gates LLP on guitar; Joe Wasserkrug, an associate with McDermott Will & Emery on bass; Jordan Shaw, a partner with Zebersky Payne Shaw Lewenz, LLP on drums; Daniel Silver, an associate with Gautier & Hasty, PL; and Freddi Mack, Esq., on vocals. After their performance, Judge Carroll Kelly, Eleventh Circuit Administrative Judge, Domestic Violence Division, and Eleventh Circuit Judge William Altfield discussed the importance of Dade Legal Aid’s work saving the lives of victims and introduced and recognized each of Dade Legal Aid’s attorneys from each department: Family Law, Domestic Violence, Pro Bono, Child Advocacy, Housing, and Guardianship. They introduced Feedback, whose guitarist and founding member, David Axelman, practices law at Bryan Cave Leighton Paisner. Feedback’s lineup is rounded out by Diego Espinosa on lead vocals, Nick Cabrera on bass, and Rocky Ricardo on drums.

Shortly thereafter, Eleventh Circuit Chief Judge Bertila Soto and Judge Gina Beovides, Eleventh Circuit Associate Administrative Judge, County Court, discussed what a difference Dade Legal Aid and Put Something Back Staff and Pro Bono Attorneys make for indigent clients every day. Each year, Dade Legal Aid serves over 5,000 clients impacting tens of thousands of individuals in all areas of law. Judge Beovides, a former Dade Legal Aid Domestic Violence Staff attorney, recognized her former colleagues for their tireless efforts on behalf of victims and the voiceless. They then introduced The 540s’ Carlos H. Gamez, Assistant City Attorney for the City of Miami, on lead vocals and saxophone; Manuel Mesa, a principal at Mesa & Pepin LLC, on keyboards and background vocals; Mike Mesa on bass and background vocals; Rick Santos, Product Manager at Driven/One Discovery Software Solutions on lead guitar and background vocals; Alejandro Herrera on drums; and Christopher Green, Senior Assistant City Attorney for the City of Miami, on solo guitar.

Lastly, LLP, the final band for the evening, was introduced by Eleventh Circuit Court Judge Alexander Bokor and Eleventh Circuit Judge Vivianne del Rio, who stated that pro bono assistance is greatly appreciated by the Court in Children’s and Civil matters. LLP was established in 2015 by Shutts & Bowen LLP partners, John E. Meagher, Esq. on guitar and vocals and Frank A. Zacharl, Esq. on guitar and vocals. LLP also features Joanne Meagher on vocals, Jose Godur on drums, and Damien Reynolds on bass guitar and vocals.

The verdict is in! The evening was a huge success thanks to everyone who attended

Executive Director’s Message

and participated! Thank you to the event chairs, Stephanie Grosman and Steve Paulson, on whom I could lean at any time; the amazing, dedicated staff members of Dade Legal Aid; and the guests, bands, judges, co-sponsoring organizations, venue, crew and generous sponsors for making this event possible. We have many long-time loyal sponsors that were recognized including: Akerman LLP; Bilzin Sumberg; Bast Amron LLP; Boies Schiller Flexner LLP; Clyde & Co; Foley & Lardner LLP; Greenspoon Marder LLP; Hogan Lovells US LLP; Holland & Knight LLP; K&L Gates LLP; Kozyak Tropin & Throckmorton; Meland Russin & Budwick, P.A.; McDermott Will & Emery; Panter, Panter & Sampedro, P.A.; Ratzan Law Group; Rumberger Kirk & Caldwell; Shutts & Bowen LLP; Stroock & Stroock & Lavan LLP; and Zebersky Payne Shaw Lewenz, LLP. We are also so grateful to so many more generous event sponsors including Freddie Mack, Esq.; Ratzan & Faccidomo LLC; Foster Morales Sockel Stone; Phipps Reporting; Driven/One Discovery Software Solutions; Bryan Cave Leighton Paisner; the Arts & Business Council of Miami; Champion Legal; Bankruptcy Bar Association for the Southern District of Florida, Inc.; the Dade County Bar Association; the DCBA Young Lawyers Section; the Daily Business Review; Miami-Dade FAWL; the Wilkie D. Ferguson, Jr., Bar Association; the Haitian Lawyers Association; the Caribbean Bar Association; the Gwen S. Cherry Black Women Lawyers Bar Association; the St. Thomas University School of Law; the University of Miami School of Law; and many others.

The Host Committee was also present and helped in a variety of ways. Thank you to each of them for their leadership: Stephanie Grosman and Steve Paulson, co-chairs; Mitch and Shari Panter; Alvin and the Honoroable Mayra Lindsey; Steve and Laurie Davis; Steve and Susan Eisenberg; Elisa D’Amico; David and Joelle Josefsberg; Nicole Grimal Helmstetter; Monique D. Hayes; Mark Stein; Julie Harris Nelson; John Fulton, Jr.; Bruce and Stacey Levine; Stu Weissman; Jude and Francis Faccidomo; Zach James; Zachariah Evangelista; Amber Kornreich; Dave Bixby; Josh Wintle; Rachel Gaspard; Mark Meland; David Axelman; Ariella Ederi; and Austen Caraker. Special thanks to Insideout; Adam’s Filling Station on Wheels; Roasters N’ Toasters; Joelle’s Desserts; Bagel Emporium & Grille; CrepeMaker; Collins Fish & Seafood; and Sushi Maki for their hospitality. Thank you to the many lawyers for making a difference in the community and supporting Dade Legal Aid’s staff, program, and pro bono initiatives. In the past year, Florida lawyers provided nearly 1.6 million hours of pro bono services to people in need. For years, thousands of Miami attorneys and hundreds of law firm partners have proudly fulfilled their Oath of Admission through Dade Legal Aid and Put Something Back which help the indigent and voiceless with nowhere else to turn for help. Until next year.

Dan Silver, Esq., Joe Wasserkrug, Esq., Freddi Mack, Esq., Jordan Shaw, Esq. and Jeff Kucera, Esq. of Chillable Hours

Karen J. Ladis, Esq. and the Honorable Richard J. Suarez

The Honorable Spencer Multack, Circuit Judge, Eleventh Judicial Circuit

Karen J. Ladis, Esq., Jude Faccidomo, Esq. and Frances Faccidomo, Esq.

Nick Cabrera, Diego Espinosa, Rocky Ricardo, and David Axelman, Esq., of Feedback

Manny Sardina, Mark Ochoa, Vicky Cabrera, Steven G. Paulson, Esq., Honorable Spencer Multack, Bart Garratt of Crazy Talk

Nikki S. Weisburd, left, a senior attorney with Dade Legal Aid, spent years advocating for Michelle Charles, a foster child who had been subjected to physical, sexual and emotional abuse by family members. Michelle is now a college student and hopes one day to open a group home for foster children like herself.

Ping-ponging between relatives’ homes as a child, Michelle Charles struggled to understand why she and her two sisters moved so often. When she was five, her mother died, and her father began constantly shuffling the girls’ living arrangements.

When Michelle was eight, she moved from Miami into a home in Gainesville with her grandmother and her grandmother’s boyfriend, where she would endure physical, sexual and emotional abuse for the next six years.

“We kind of grew up a lot on fear,” Michelle said. “We used to get beat with leather belts, spiked belts, extension cords. It was rough. I used to be depressed a lot.”

Her grandmother’s boyfriend began molesting Michelle at age nine. When she found the courage to tell her grandmother, her grandmother accused her of lying and threatened to beat her if she told anyone outside of the family.

“She was a mean person,” said Michelle, now 20. “I used to pray, waiting for things to change, waiting for something to happen.”

By the time she was 14, Michelle had attended 10 different schools. But, school was one of the few places where she felt safe.

“I used to look at school as my safe haven,” she said. “I tried to be as good

as possible because I did not want to get suspended. I didn’t want to risk being at home an extra day.”

According to a 2015 report from Lauren’s Kids, between 9 and 15% of Florida’s children have been or will

become victims of sexual abuse. Survivors are more than twice as likely to spend their working lives sick or disabled, resulting in a loss of income.

For Michelle, help came after her grandmother kicked her out of the house, and she ended up at a youth shelter. There, she told a counselor about the abuse. The police were called, and Michelle and one of her sisters were sent back to Miami to await a court date.

On any given day, there are more than 437,000 children in foster care in the U.S. At 14, Michelle became part of the system.

“I was very nervous, very scared,” Michelle said. “I knew the seriousness.”

After a few hectic weeks, Michelle met Nikki Weisburd, a senior attorney with Dade Legal Aid’s Child Advocacy Project.

The project is funded by the Foundation’s Children’s Legal Services program and will receive a $75,000 grant in 2019-20.

As a best interest attorney, Weisburd was assigned to advocate for what was best for Michelle’s safety and success. Weisburd handles many similar cases at a time and mentors volunteer lawyers who want to help kids in the dependency system.

“One thing that was important for Michelle, that we always prioritized, was normalcy,” Weisburd said. “There were experiences that were critical to Michelle,

and ways she wanted her life to be. I think other people would have just said no because it was often very challenging to put those things in place. We knew how important it was for Michelle to have a normal life, to visit an uncle, go to a wedding or a funeral of a family member. And we always petitioned the court for that along with all of the critical services she needed to progress through her childhood safely and productively.”

For Michelle, having Weisburd representing her best interests meant that she finally felt like someone was on her side.

“Ms. Nikki was the sun in the room,” Michelle said. “Her smile is contagious. I may have felt alone a lot of the time, but Ms. Nikki was reassuring. [She told me,] Michelle, we’re working for you, we’re

With Support of Lawyers, Foster Children Bloom Into Successful Adults

fighting for you.”

Michelle benefitted from Weisburd’s support in multiple ways. Weisburd worked to get a DNA test for the man Michelle believed was her biological father. Michelle, then 17, was pregnant and wanted to find out who her own father was for the baby’s sake. Weisburd was concerned about where Michelle was living while she was pregnant and ensured that she remained safely at a group home for pregnant girls. And, Weisburd advocated to keep Michelle close to her sisters, the most important thing to Michelle once the girls came into the system.

“Michelle knew exactly what she needed and was able to articulate it, which is very rare,” Weisburd said. “Especially being a child, and a child who suffered trauma. I’ve always admired her as a person.”

Michelle also wanted to participate in the court process seeking justice for her mother’s death, and Weisburd made sure Michelle had the support and protections to be able to access such proceedings safely.

“Ms. Nikki advocated a lot for me in court,” Michelle said. “Ms. Nikki would settle every problem I had.”

Michelle, now a mother of two, attends Miami Dade College and hopes one day to run a foster home for abused children like herself.

“If I can teach one child to smile, to help another, that’s a chain reaction. This person will help one person and it will continue,” Michelle said. “If you show a person that you have their back and they don’t have to worry, they’ll push themselves. They have to understand no one’s going to hurt them. That was something, growing up, I always wanted.”

Nikki S. Weisburd, Senior Attorney, Child Advocacy Project, Dade Legal Aid

On May 1, Dade Legal Aid and the Family Court held the 34th annual View from the Bench Family Law Seminar. Spearheaded by Gerald Kornreich, Kornreich and Associates, the annual seminar aims to recruit and train attorneys for pro bono family matters. Pictured here is Jacqueline Valdespino, Esq, recipient of the 2019 Ray Pearson Guardian Ad Litem (GAL) Award.

When asked why she serves by accepting pro bono cases, Valdespino responds, “At Georgetown, I began a lifelong mission of learning about

spirituality and my place in this world. Saint Ignatius of Loyola teaches us that by being of service to others we extend God’s love and make room at the table for those we might call strangers. According to His Holiness the Dalai Lama, our prime purpose in this life is to help others. Rabbi Yitzhak of Vorki taught us that service has the potential to accomplish tikkun olam, ‘repair of the world.’ In the Quran, Allah says: ‘Help one another in acts of piety and righteousness.’ This thing I know for sure: There are many paths but when all of them urge us to serve others in order to fulfill our purpose in life, then it is undeniable that a life of service to o US Legal Support US Legal Support thers is the key to our success. Every pro bono case I accept provides me with another opportunity to connect with others, to get to know myself in a new way and to find happiness because I am living my life’s purpose.”

View from the Bench Seminar

On April 3, 2019, Dade Legal Aid hosted the University of Miami School of Law Professional Responsibility & Ethics Program for its annual CLE Program entitled “Legal Ethics in the Digital Age: Technology Traumas and Social Media Sabotage.” The presentation included a PowerPoint, numerous hypothetical situations and discussion.

“Our staff enjoyed their presentation very much,” said Mark Brown, Senior Supervising Family Attorney. “The students were extremely informative and engaging.”

Dade Legal Aid Hosts UM Law Ethics CLE

Pictured here are (left to right), Isabella Falcon (UM intern), Christina Jaramillo (UM intern), Mark Brown, Esq. (Senior Supervising Attorney) and Professor Jan Jacobowitz, Esq. (UM Program Director and Lecturer)

Nikki S. Weisburd, left, with Michelle Charles

Honorable Valerie Manno-Schurr, Associate Administrative Judge, Family Division, Jacqueline Valdespino, Esq. (Recipient, Ray Pearson Outstanding GAL Award), Honorable Judith L. Kreeger, Senior Judge, and the Honorable Scott M. Bernstein, Administrative Judge

BY KAREN LADIS, DADE LEGAL AID EXECUTIVE DIRECTOR