By Stevie Swanson
Florida is one of 15 states (plus the District of Columbia) with direct file statutes. Under Florida’s direct file law, prosecutors have the ability to try juveniles as adults. § 985.557, Fla. Stat. (2014). The direct file process allows a state attorney to use his or her “judgment and discretion” to transfer children age 16 or 17 (at the time of the alleged offense) to adult court when the public interest requires that “adult sanctions be considered or imposed.” Id.
Not everyone is aware that prosecutors wield this power. Approximately 98 percent of juvenile cases transferred to adult court in Florida are a result of the direct file statute. Human Rights Watch, supra note 1, at 19. Florida has the dubious distinction of having transferred more children into the adult system than any other state. This is problematic for several reasons.
The statistical data indicates that the discretionary nature of Florida’s direct file statute has a disturbing, disproportionate impact on minority children. Human Rights Watch analyzed Florida data from fiscal years 2008-09 to 2012-13. It discovered that, while only 27.2 percent of arrested youth were black males, 51.4 percent of the youth transferred into the adult system were black males. Human Rights Watch, supra note 1, at 29 tbl.2. By comparison, during the same time period, 28 percent of the total youth arrested were white males, but only 24.4 percent of them were direct filed. Id.
The Thirteenth Judicial Circuit (Hillsborough County) had the highest transfer of children to adult court from fiscal years 2009-10 to 2012-13. For the 2013-14 fiscal year, the Thirteenth Circuit was ranked third in the state behind the Seventeenth and Sixth Judicial Circuits. In the Thirteenth Circuit, 36.3 percent of the youth arrested in the fiscal year 2013-14 were black males, while 56.4 percent (57/101) of the youth transferred to adult court were black males. During the same time period in the Thirteenth Circuit, 20.1 percent of the youth arrested were white males, and only 12.9 percent (13/101) of those direct filed were white males.
Transferring juveniles into the adult system is both detrimental to the public and devastating to the children transferred. It is harmful to the public because “transferring youth to the adult criminal system is more likely to aggravate recidivism than to stop it.” Children remaining in the juvenile system are less likely to commit crimes upon release. Juveniles in adult facilities are at increased risk of being victimized. Children in adult prisons are more likely to be physically and sexually assaulted than those in juvenile facilities.
Juveniles also lose the ability to receive much needed services when incarcerated in adult facilities. For example, children in the juvenile system receive educational and vocational services, behavioral and mental health treatment services, and substance abuse and sex offender treatment services, when needed. Circuit Judge Ralph Stoddard, Direct File Transfer to Adult Court: Juvenile Sanctions for Youth Prosecuted as Adults, Powerpoint presentation at Conference on Continuing Judicial Education for Circuit Court Judges in August 2013. Denying these vital educational and rehabilitative services to children transferred into the adult system makes them less productive members of society upon re-entry from the penal system.
The impact of being sentenced as an adult has lifelong ramifications. Children who have been transferred to the adult system face impediments to voting; obtaining gainful employment, public assistance, and driver’s licenses; and preventing access to their criminal records. It is encouraging that direct file numbers are on the decline and that the Thirteenth Circuit is no longer ranked first in the state for direct files, but it is deeply troubling that the percentage of minorities direct filed is increasing. If, as they say, the children are our future, then shouldn’t we be encouraging their rehabilitation through the juvenile system, rather than dooming them to victimization and a lifetime of lost potential in the adult system?
Friday, March 13, 2015
Wednesday, March 11, 2015
Executive Director's Message: ABA President-Elect Paulette Brown Encourages Inclusion at Diversity Luncheon
By John F. Kynes
A product of segregated schools in Baltimore, American Bar Association President-Elect Paulette Brown says the only lawyer she knew growing up was TV’s Perry Mason. So she says it will be a little “surreal” when she makes history and is installed this summer as the first African-American woman to become president of the ABA. Brown also will be only the sixth female president in the ABA’s 137-year history.
“I could not have imagined that this day will come,” said Brown, who was the keynote speaker at the HCBA’s Diversity Membership Luncheon on January 22 at the Hilton Downtown.
In her remarks, Brown talked about the need for greater diversity and inclusion in the legal community, the values instilled in her as a child that have helped her along in her career, and her priorities as incoming president of the ABA. Over the years, Brown has held a variety of leadership positions within the ABA, and she has been recognized by the National Law Journal as one of “The 50 Most Influential Minority Lawyers in America.”
The issue of diversity at law firms should not just be about numbers or quotas, said Brown, who is a labor and employment lawyer and chief diversity officer with the Morristown, N.J., office of Locke Lord Edwards. “Clients are requiring law firms to be more and more diverse and inclusive,” Brown told the more than 350 people in attendance.
Law firms are viewed as more progressive by young lawyers and students when they make people from diverse backgrounds feel accepted and included, she said. And firms have a responsibility to provide real opportunities ― economic and otherwise ― that will make diverse employees want to remain. It’s up to firm managers to help bring about greater diversity because “those in power are those who can effectuate change,” Brown said.
She also referenced recent events in the news dealing with race, such as the police shooting case in Ferguson, Mo. “Even with all the tensions going on … more people are coalescing together for the same goals, and there is beginning to be a dialogue in this country about race relations,” Brown said. “It’s a difficult subject to talk about.”
Brown encouraged those in attendance to participate in the national discussion about race because “talking aids us in being diverse, and not just in the legal community, but society as a whole.”
The only one of four siblings to attend college, Brown said the values ingrained in her at an early age ― such as working hard to succeed, treating others with respect, and giving back ― have remained with her throughout her career.
Concluding her remarks, Brown said she is looking forward to her term as ABA president. “I have a duty to do my best,” she said.
One of her main initiatives will be what she calls “Main Street ABA.” In her travels around the U.S. during her term, Brown says she intends to go to places that ABA presidents traditionally don’t visit, such as Boys & Girls Clubs, so she can encourage young people and serve as a role model.
***
Also at the membership luncheon, U.S. District Judge James Moody Jr. announced Marsha Rydberg as the winner of the HCBA’s 2014 Outstanding Lawyer Award. In his introduction, Judge Moody cited Rydberg’s many accomplishments and “firsts” during her impressive career. For example, Rydberg, who has her own firm, became the first female president of the HCBA in 1991, and she was recently inducted into the Stetson University College of Law Hall of Fame.
Meanwhile, Anthony Martino, president of the Young Lawyers Division, announced two YLD awards. The 2014 YLD Outstanding Jurist Award went to Thirteenth Circuit Court Judge Emily Peacock, and the 2014 YLD Outstanding Young Lawyer Award went to Jacqueline Simms-Petredis of Burr & Forman.
Congratulations to all these outstanding award winners.
See you around the Chet.
Monday, March 9, 2015
Tax Law: Help Low-Income Clients Resolve Problems with the IRS
By Nancey G. Penner
Bay Area Legal Services has operated a Low Income Taxpayer Clinic (LITC) since 2002 with funding provided by the Taxpayer Advocate Service of the Internal Revenue Service. The LITC provides legal services to all eligible residents of Hillsborough and Pasco counties. Individuals who are at or below 250 percent of the poverty level are eligible, and in compelling circumstances, services can be provided to clients above that level. If you encounter clients who are having problems with the IRS, please have them contact us directly at (813) 232-1343.
When the IRS finds a problem with a return, its first notice gives the taxpayer an opportunity to send more documentation to explain why the taxpayer believes the tax return as prepared is correct. If the taxpayer ignores this notice or fails to provide sufficient documentation, the IRS issues a Notice of Deficiency. This second notice gives the taxpayer 90 days to file a petition in Tax Court. An appeals officer and/or IRS counsel will contact the taxpayer prior to the court hearing to try to come to agreement on some or even all of the issues in the case. Instead of Tax Court, the taxpayer can elect to go through an appeals process, which is designed to be fair and impartial to both the IRS and to the taxpayer. If the appeals process does not resolve the issues, the taxpayer can request mediation as long as the case is not filed in Tax Court.
Unfortunately, some taxpayers do not respond to these initial contacts from the IRS, nor do they seek assistance until after the IRS places a lien or levy on their income and/or assets. Some will qualify for “Currently Not Collectible” status due to low income and lack of resources. Once the IRS agrees that the taxpayer cannot pay the debt at this time, the IRS suspends collection activities, but the interest and the debt continue to grow. Another option is to submit an Offer in Compromise documenting all assets and resources and asking the IRS to agree to allow the taxpayer to pay less than the total amount of the debt in installments within two years. If the IRS accepts the offer and the taxpayer makes all of the payments, then the debt is considered paid. If the IRS rejects the offer, the taxpayer still has the option of requesting mediation. Taxpayers can also ask the IRS to put them on an installment agreement allowing them up to six years to pay back the tax debt and interest.
Most clients we see at the LITC feel overwhelmed by their tax problems and appreciate the assistance we provide. The LITC welcomes members of the Bar who would like to assist low-income residents on a pro bono basis. For attorneys who do not practice tax law, we plan to offer a training session with members of the HCBA Tax Law Section as instructors. For more information about volunteering, go to www.bals.org and click on the “Give Help” tab to register to become a volunteer.
Bay Area Legal Services has operated a Low Income Taxpayer Clinic (LITC) since 2002 with funding provided by the Taxpayer Advocate Service of the Internal Revenue Service. The LITC provides legal services to all eligible residents of Hillsborough and Pasco counties. Individuals who are at or below 250 percent of the poverty level are eligible, and in compelling circumstances, services can be provided to clients above that level. If you encounter clients who are having problems with the IRS, please have them contact us directly at (813) 232-1343.
When the IRS finds a problem with a return, its first notice gives the taxpayer an opportunity to send more documentation to explain why the taxpayer believes the tax return as prepared is correct. If the taxpayer ignores this notice or fails to provide sufficient documentation, the IRS issues a Notice of Deficiency. This second notice gives the taxpayer 90 days to file a petition in Tax Court. An appeals officer and/or IRS counsel will contact the taxpayer prior to the court hearing to try to come to agreement on some or even all of the issues in the case. Instead of Tax Court, the taxpayer can elect to go through an appeals process, which is designed to be fair and impartial to both the IRS and to the taxpayer. If the appeals process does not resolve the issues, the taxpayer can request mediation as long as the case is not filed in Tax Court.
Unfortunately, some taxpayers do not respond to these initial contacts from the IRS, nor do they seek assistance until after the IRS places a lien or levy on their income and/or assets. Some will qualify for “Currently Not Collectible” status due to low income and lack of resources. Once the IRS agrees that the taxpayer cannot pay the debt at this time, the IRS suspends collection activities, but the interest and the debt continue to grow. Another option is to submit an Offer in Compromise documenting all assets and resources and asking the IRS to agree to allow the taxpayer to pay less than the total amount of the debt in installments within two years. If the IRS accepts the offer and the taxpayer makes all of the payments, then the debt is considered paid. If the IRS rejects the offer, the taxpayer still has the option of requesting mediation. Taxpayers can also ask the IRS to put them on an installment agreement allowing them up to six years to pay back the tax debt and interest.
Most clients we see at the LITC feel overwhelmed by their tax problems and appreciate the assistance we provide. The LITC welcomes members of the Bar who would like to assist low-income residents on a pro bono basis. For attorneys who do not practice tax law, we plan to offer a training session with members of the HCBA Tax Law Section as instructors. For more information about volunteering, go to www.bals.org and click on the “Give Help” tab to register to become a volunteer.
Sunday, March 8, 2015
YLD’s Outstanding Young Lawyer and Jurist Awards
By Anthony "Nino" Martino
In the September issue of this magazine, I wrote about the opportunities available through the Young Lawyers Division and encouraged all young lawyers to get more involved professionally to help us make a difference in Hillsborough County. In this issue, I would like to recognize two amazing local Bar members whose activities and service have furthered the interests of the legal profession, especially relating to young lawyers. The YLD wishes to again recognize this year’s winners of the Outstanding Young Lawyer Award and the Robert W. Patton Outstanding Jurist Award.
This year’s YLD Outstanding Young Lawyer Award recipient is Jacqueline Simms-Petredis, who is being recognized as exemplary in the area of professionalism and in the practice of law in her field of practice. Jacqueline performed service to the community on a personal level and has been actively involved in the HCBA’s YLD, currently serving as the immediate past-president. Jacqueline was selected as the award winner in recognition of the difference she has made in the practice of law and the community through her ethics and conduct.
This year’s Outstanding Jurist Award recipient is Judge Emily Peacock, who is being recognized as an outstanding jurist with an excellent reputation for sound judicial decisions and an unblemished record for integrity as a lawyer and judge. Judge Peacock is recognized by the YLD members as highly qualified, active in Bar-related activities, and showing a concern for and willingness to assist young lawyers while demonstrating a respect for their abilities. Judge Peacock actively serves as a mentor for young lawyers through a number of organizations and is a previous recipient of the Distinguished Judicial Service Award, which recognizes a specific commitment to support pro bono legal services.
The YLD would like to thank Jacqueline Simms-Petredis and Judge Emily Peacock for their substantial contributions to the legal profession, the HCBA YLD, and the Hillsborough County community. The excellence demonstrated by both recipients provides an example that we should all aspire to in our own professional development.
Recent & Upcoming YLD Events:
For more information on the YLD’s activities, check out our Facebook page at www.facebook.com/Hillsboroughbaryld. Please also volunteer or join us at the YLD booth at the Judicial Pig Roast on March 21; Law Week from March 16 to 20; Cornhole for a Cause on March 28; Steak and Sports Day, which is TBD; and State Court Trial Seminar on June 12. Additionally, family forms clinics will be held from 5:30 to 7:30 p.m. on April 21, May 19, and June 2 on the second floor of the George Edgecomb Courthouse. Please contact Ella Shenhav or Katelyn Desrosiers to get involved in any of the YLD’s pro bono activities.
In the September issue of this magazine, I wrote about the opportunities available through the Young Lawyers Division and encouraged all young lawyers to get more involved professionally to help us make a difference in Hillsborough County. In this issue, I would like to recognize two amazing local Bar members whose activities and service have furthered the interests of the legal profession, especially relating to young lawyers. The YLD wishes to again recognize this year’s winners of the Outstanding Young Lawyer Award and the Robert W. Patton Outstanding Jurist Award.
This year’s YLD Outstanding Young Lawyer Award recipient is Jacqueline Simms-Petredis, who is being recognized as exemplary in the area of professionalism and in the practice of law in her field of practice. Jacqueline performed service to the community on a personal level and has been actively involved in the HCBA’s YLD, currently serving as the immediate past-president. Jacqueline was selected as the award winner in recognition of the difference she has made in the practice of law and the community through her ethics and conduct.
This year’s Outstanding Jurist Award recipient is Judge Emily Peacock, who is being recognized as an outstanding jurist with an excellent reputation for sound judicial decisions and an unblemished record for integrity as a lawyer and judge. Judge Peacock is recognized by the YLD members as highly qualified, active in Bar-related activities, and showing a concern for and willingness to assist young lawyers while demonstrating a respect for their abilities. Judge Peacock actively serves as a mentor for young lawyers through a number of organizations and is a previous recipient of the Distinguished Judicial Service Award, which recognizes a specific commitment to support pro bono legal services.
The YLD would like to thank Jacqueline Simms-Petredis and Judge Emily Peacock for their substantial contributions to the legal profession, the HCBA YLD, and the Hillsborough County community. The excellence demonstrated by both recipients provides an example that we should all aspire to in our own professional development.
Recent & Upcoming YLD Events:
For more information on the YLD’s activities, check out our Facebook page at www.facebook.com/Hillsboroughbaryld. Please also volunteer or join us at the YLD booth at the Judicial Pig Roast on March 21; Law Week from March 16 to 20; Cornhole for a Cause on March 28; Steak and Sports Day, which is TBD; and State Court Trial Seminar on June 12. Additionally, family forms clinics will be held from 5:30 to 7:30 p.m. on April 21, May 19, and June 2 on the second floor of the George Edgecomb Courthouse. Please contact Ella Shenhav or Katelyn Desrosiers to get involved in any of the YLD’s pro bono activities.
Friday, March 6, 2015
Editor's Message: Setting the Bar High
By Ed Comey
My first contested hearing as a lawyer was before Judge James Arnold. It was a summary judgment hearing, although not a particularly complicated one. Not having argued a summary judgment motion before, I launched into what I thought was a brilliant — and, as it turns out, wholly unnecessary — exposition on the summary judgment standard shortly after making my appearance. I don’t recall precisely what he said, but Judge Arnold’s puzzled look had “this guy can’t be serious” written all over it. Before I could finish, Judge Arnold interrupted me and patiently explained how it would be more effective to focus on my substantive arguments than a legal standard the court was more than familiar with.
Although not quite the reception I was aiming for, it was one I greatly appreciated then and have come to appreciate even more over the years. Looking back, I suppose Judge Arnold could have let me ramble on and then ruled in my favor (which he eventually did) in spite of my argument. I would have felt better about the hearing, of course, but that wouldn’t have helped my professional development. Instead, the now-retired judge used the hearing as a teaching opportunity for an obviously young and inexperienced attorney, which in the long run, made me a more effective lawyer.
In many ways, it reminded me of my high school algebra teacher who once held me after class to tell me my B+ grade was not going to cut it because he had higher expectations for me. I didn’t appear in Judge Arnold’s courtroom that often after that first hearing, but when I did, that was how I always viewed him. He was always in control of the courtroom and had high standards for the lawyers who appeared before him. Because of that, lawyers knew they would have a fair opportunity to present their case or argument. At the same time, Judge Arnold was always very gracious to others.
I understand it was not unusual for a police officer to show up at Judge Arnold’s house in the early morning hours to have a search warrant signed, only to be invited in for a cup of coffee. Court reporters often talked about how Judge Arnold made sure to take breaks during trial — not an easy thing for a busy trial judge to do — so they would be more comfortable. And he always made sure to thank jurors for their service.
Over the years, Judge Arnold has had a number of high-profile cases in Tampa. In the late 1980s, he presided over a trial involving abortion protesters that was so large it had to be held in the Tampa Performing Arts Center. More recently, he presided over the Bubba the Love Sponge trial, known more for what happened outside the courthouse than what happened in it. There is a tendency, it seems to me, to remember judges for the big, high-profile cases they presided over. As for me, I’ll remember Judge Arnold for the high standards he set for lawyers who appeared before him, which will have a positive impact on this community for years to come.
My first contested hearing as a lawyer was before Judge James Arnold. It was a summary judgment hearing, although not a particularly complicated one. Not having argued a summary judgment motion before, I launched into what I thought was a brilliant — and, as it turns out, wholly unnecessary — exposition on the summary judgment standard shortly after making my appearance. I don’t recall precisely what he said, but Judge Arnold’s puzzled look had “this guy can’t be serious” written all over it. Before I could finish, Judge Arnold interrupted me and patiently explained how it would be more effective to focus on my substantive arguments than a legal standard the court was more than familiar with.
Although not quite the reception I was aiming for, it was one I greatly appreciated then and have come to appreciate even more over the years. Looking back, I suppose Judge Arnold could have let me ramble on and then ruled in my favor (which he eventually did) in spite of my argument. I would have felt better about the hearing, of course, but that wouldn’t have helped my professional development. Instead, the now-retired judge used the hearing as a teaching opportunity for an obviously young and inexperienced attorney, which in the long run, made me a more effective lawyer.
In many ways, it reminded me of my high school algebra teacher who once held me after class to tell me my B+ grade was not going to cut it because he had higher expectations for me. I didn’t appear in Judge Arnold’s courtroom that often after that first hearing, but when I did, that was how I always viewed him. He was always in control of the courtroom and had high standards for the lawyers who appeared before him. Because of that, lawyers knew they would have a fair opportunity to present their case or argument. At the same time, Judge Arnold was always very gracious to others.
I understand it was not unusual for a police officer to show up at Judge Arnold’s house in the early morning hours to have a search warrant signed, only to be invited in for a cup of coffee. Court reporters often talked about how Judge Arnold made sure to take breaks during trial — not an easy thing for a busy trial judge to do — so they would be more comfortable. And he always made sure to thank jurors for their service.
Over the years, Judge Arnold has had a number of high-profile cases in Tampa. In the late 1980s, he presided over a trial involving abortion protesters that was so large it had to be held in the Tampa Performing Arts Center. More recently, he presided over the Bubba the Love Sponge trial, known more for what happened outside the courthouse than what happened in it. There is a tendency, it seems to me, to remember judges for the big, high-profile cases they presided over. As for me, I’ll remember Judge Arnold for the high standards he set for lawyers who appeared before him, which will have a positive impact on this community for years to come.
Thursday, March 5, 2015
HCBA President's Message: Magna Carta Madness
By Benjamin H. Hill IV
As a college sports fan, one of my favorite traditions is the annual NCAA college basketball tournament. Known as “March Madness,” this short yet exciting season is once again upon us. As such, it is hard for anyone to avoid discussions involving brackets, chalk, top seeds, Cinderella teams, buzzer beaters, and other roundball nomenclature. Inevitably, one will hear hoops aficionados ― often coaches or sportscasters ― use the phrase “survive and advance” in reference to how teams approach each round and plan for tournament success.
While the tourney has been played for nearly 80 years, a far more significant milestone is also upon us. This year marks the 800th anniversary of Magna Carta. Perhaps not as fun to discuss as a bracket-buster game, Magna Carta’s significance should not be overlooked ― especially by us lawyers. Indeed, Magna Carta is still widely considered to be one of the greatest political and legal sources of support for any modern-day, free society. Put differently, the legal thoughts and principles in Magna Carta have arguably “survived and advanced” over the years as well as any set forth in a single document.
As there is not enough space here for a deep dive into Magna Carta’s history, one will generally recall that Magna Carta was the “Great Charter” (did not need six years of Latin for that), which King John was compelled to sign at Runnymede in 1215 to assure local barons certain temporary property rights and protections. Although Magna Carta was modified and reaffirmed a few times over the next couple of centuries, it remained largely between the king and the barons. However, in the 17th century, Sir Edward Coke, an English barrister and judge, reinterpreted Magna Carta and used it to defend against certain oppressive tactics by the monarchy. This interpretation led to a more widespread application of Magna Carta such that it extended rights and freedoms to all English people.
When these English citizens and their children relocated and established colonies in America, the principles of Magna Carta survived and advanced to this land. Amid this country’s development and growth over the ensuing decades, Magna Carta’s influence not only survived but eventually advanced to all Americans. These and other principles traceable to Magna Carta are now embedded in the United States Constitution, the Bill of Rights, and, obviously, much of our case law.
Bar associations, historical societies, and countless other organizations around the globe are celebrating the 800th anniversary of Magna Carta. In fact, the American Bar Association is sponsoring a host of commemorative activities. If you are interested in learning more about them, please visit the ABA’s website at www.americanbar.org, entering “Magna Carta” as a search term. If the history buff in you wants to learn more about the origins, development, and impact of Magna Carta, I recommend that you visit www.magnacarta800th.com.
The HCBA is joining in the celebration of Magna Carta’s 800th anniversary as our theme for this year’s Law Week (March 16-20) is “Magana Carta: Symbol of Freedom Under Law.” I thank our Law Week Committee ― led by Co-Chairs Amy Nath, Maja Lacevic, and Alex Haddad ― which has worked so hard to assure another fabulous week this year.
Finally, as “respect for the law” is one of the principles behind our HCBA mission themed “Operation Respect and Service,” let us all recognize and be thankful for the enduring effects that Magna Carta continues to have on our freedoms, society, and ways of life. Surviving and advancing for 800 years now, perhaps the least we could do is to indulge in a little “Magna Carta Madness.
As a college sports fan, one of my favorite traditions is the annual NCAA college basketball tournament. Known as “March Madness,” this short yet exciting season is once again upon us. As such, it is hard for anyone to avoid discussions involving brackets, chalk, top seeds, Cinderella teams, buzzer beaters, and other roundball nomenclature. Inevitably, one will hear hoops aficionados ― often coaches or sportscasters ― use the phrase “survive and advance” in reference to how teams approach each round and plan for tournament success.
While the tourney has been played for nearly 80 years, a far more significant milestone is also upon us. This year marks the 800th anniversary of Magna Carta. Perhaps not as fun to discuss as a bracket-buster game, Magna Carta’s significance should not be overlooked ― especially by us lawyers. Indeed, Magna Carta is still widely considered to be one of the greatest political and legal sources of support for any modern-day, free society. Put differently, the legal thoughts and principles in Magna Carta have arguably “survived and advanced” over the years as well as any set forth in a single document.
As there is not enough space here for a deep dive into Magna Carta’s history, one will generally recall that Magna Carta was the “Great Charter” (did not need six years of Latin for that), which King John was compelled to sign at Runnymede in 1215 to assure local barons certain temporary property rights and protections. Although Magna Carta was modified and reaffirmed a few times over the next couple of centuries, it remained largely between the king and the barons. However, in the 17th century, Sir Edward Coke, an English barrister and judge, reinterpreted Magna Carta and used it to defend against certain oppressive tactics by the monarchy. This interpretation led to a more widespread application of Magna Carta such that it extended rights and freedoms to all English people.
When these English citizens and their children relocated and established colonies in America, the principles of Magna Carta survived and advanced to this land. Amid this country’s development and growth over the ensuing decades, Magna Carta’s influence not only survived but eventually advanced to all Americans. These and other principles traceable to Magna Carta are now embedded in the United States Constitution, the Bill of Rights, and, obviously, much of our case law.
Bar associations, historical societies, and countless other organizations around the globe are celebrating the 800th anniversary of Magna Carta. In fact, the American Bar Association is sponsoring a host of commemorative activities. If you are interested in learning more about them, please visit the ABA’s website at www.americanbar.org, entering “Magna Carta” as a search term. If the history buff in you wants to learn more about the origins, development, and impact of Magna Carta, I recommend that you visit www.magnacarta800th.com.
The HCBA is joining in the celebration of Magna Carta’s 800th anniversary as our theme for this year’s Law Week (March 16-20) is “Magana Carta: Symbol of Freedom Under Law.” I thank our Law Week Committee ― led by Co-Chairs Amy Nath, Maja Lacevic, and Alex Haddad ― which has worked so hard to assure another fabulous week this year.
Finally, as “respect for the law” is one of the principles behind our HCBA mission themed “Operation Respect and Service,” let us all recognize and be thankful for the enduring effects that Magna Carta continues to have on our freedoms, society, and ways of life. Surviving and advancing for 800 years now, perhaps the least we could do is to indulge in a little “Magna Carta Madness.
Tuesday, March 3, 2015
Law Week 2015: Magna Carta, the Symbol of Freedom Under Law
By Alexandra Haddad
Lord Neuberger, president of the Supreme Court of the United Kingdom, once said, "Where justice is concerned, the principles of Magna Carta are a reference to which we should always return to ensure that we are proceeding in the right direction."
On June 15, 1215, King John of England was forced to affix his seal to Magna Carta by a group of barons who wanted to ensure their rights and property against a tyrannical king. Although the interests of the common man were not at the forefront of the drafters' minds, there are two principles expressed in Magna Carta that resonate to this day:
This year's Law Week theme is "Magna Carta: Symbol of Freedom Under Law." As we approach the 800th anniversary of Magna Carta, Law Week's aim is to reflect on the importance of a citizen's most basic rights, the rule of law, and the challenges we still face in ensuring that all Americans have access to justice.
Law Week will take place this year from March 16 through 20. Law Week volunteers will educate local youth on Magna Carta and the development of the rule of law in the United States. Law Week provides opportunities for attorneys all across Hillsborough County to break away from their daily routines to reach out to local students through three types of activities: courthouse tours, classroom discussions, and mock trials.
The courthouse tours involve leading groups of students through courtrooms and other areas of the courthouse to give them a glimpse of the rule of law in action. Classroom discussions involve traveling to a local school to lead a class or group of students in a discussion on the law and answer student questions. Finally, volunteers who participate in mock trials team up in groups of two and work with students in presenting a student-friendly case. Participating schools are located throughout the county, and volunteer attorneys are welcome to participate in any of the three activities available.
To learn more about Law Week 2015 or volunteering, please contact Young Lawyers Division Law Week Committee Co-Chairs Amy Nath (anath@shrinenet.org), Maja Lacevic (Maja.Lacevic@csklegal.com), or Alex Haddad (ahaddad@burr.com).
Lord Neuberger, president of the Supreme Court of the United Kingdom, once said, "Where justice is concerned, the principles of Magna Carta are a reference to which we should always return to ensure that we are proceeding in the right direction."
On June 15, 1215, King John of England was forced to affix his seal to Magna Carta by a group of barons who wanted to ensure their rights and property against a tyrannical king. Although the interests of the common man were not at the forefront of the drafters' minds, there are two principles expressed in Magna Carta that resonate to this day:
"No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will we proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."
"To no one will we sell, to no one will we deny or delay, right or justice."During the American Revolution, Magna Carta served as an inspiration to act in liberty's defense. One of those rights is that no person, no matter how powerful, is above the law. Those rights guaranteed by Magna Carta were embedded into the laws of the colonists' states and later into the Constitution and Bill of Rights. Today, Magna Carta has taken root as an international symbol of the rule of law and as an inspiration for basic rights Americans hold dear, including due process, habeas corpus, trial by jury, and the right to travel.
This year's Law Week theme is "Magna Carta: Symbol of Freedom Under Law." As we approach the 800th anniversary of Magna Carta, Law Week's aim is to reflect on the importance of a citizen's most basic rights, the rule of law, and the challenges we still face in ensuring that all Americans have access to justice.
Law Week will take place this year from March 16 through 20. Law Week volunteers will educate local youth on Magna Carta and the development of the rule of law in the United States. Law Week provides opportunities for attorneys all across Hillsborough County to break away from their daily routines to reach out to local students through three types of activities: courthouse tours, classroom discussions, and mock trials.
The courthouse tours involve leading groups of students through courtrooms and other areas of the courthouse to give them a glimpse of the rule of law in action. Classroom discussions involve traveling to a local school to lead a class or group of students in a discussion on the law and answer student questions. Finally, volunteers who participate in mock trials team up in groups of two and work with students in presenting a student-friendly case. Participating schools are located throughout the county, and volunteer attorneys are welcome to participate in any of the three activities available.
To learn more about Law Week 2015 or volunteering, please contact Young Lawyers Division Law Week Committee Co-Chairs Amy Nath (anath@shrinenet.org), Maja Lacevic (Maja.Lacevic@csklegal.com), or Alex Haddad (ahaddad@burr.com).
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