Wednesday, December 28, 2005

Having a Merry Christmas

The guy in the office next door to me was bemoaning the fact that his kids are all big now and Christmas is not the same. My house holds a six year old who is enjoying everything about the season, the toys, the singing, the extra time with Mum and Dad, the time away from school, everything. So I am trying to enjoy this little bit of time with my family before the new year starts and the campaigning takes up more of my time.

Monday, December 19, 2005

Voice of Democracy

Every year, the VFW sponsors a local essay contest for high school seniors to write about an issue involving the democratic process. This year's topic was "How I Demonstrate My Freedom" and the winner was the student body president from the local Catholic High School, John Paul II, Evan White.

I had the pleasure of being present, along with about 100 other VFW members and guests, at the award ceremony on Friday evening. It was a great pleasure to see this young man articulate so cleanly his appreciation for his freedom. The other veterans there I think also liked his obvious sincerity, and we were all glad that his parents and principal and friend came to watch. It was heartwarming.

Here's the coverage from the Tallahassee Democrat, which includes a link to Evan's essay.
http://www.tdo.com/apps/pbcs.dll/article?AID=/20051218/NEWS01/512180334/1010/NEWS17

Thursday, December 15, 2005

County Court Mediators

This week I attended a continuing education session for County Court mediators and had the opportunity to talk to several experienced mediators. I was extremely impressed with the professionalism and dedication of these volunteer mediators. The administrator told me that the mediators in Leon County consistently have statistics for volume and agreement that lead the state. I would be proud to be a judge working with such volunteers.

Wednesday, December 07, 2005

Soccer Mom

Now I am a soccer mom. On Wednesday I leave work fifteen minutes early so that I can pick up my kid and deliver him to the soccer field by 5:30 pm. I stand on the sidelines with the other soccer parents and watch the kids practice, and try to keep warm. The temperature today is 52 degrees and falling. At least I don't worry about the kids becoming over heated. I talk to the other parents as we watch our children chase after the ball and wonder whether I will really be doing this for the next ten years. At a minimum, I refuse to buy a van.

It makes me think about Patrick Fitzgerald, the Special Counsel leading the team that recently indicted "Scooter" Libby. One of Fitzgerald's friends said he was so involved with his work that he put lasagna in the oven and forgot about it for three months. Such quaint stories are never told about soccer moms. I am a Special Counsel at the state level, currently heading a RICO investigation into a billion dollar corporation, but I still have to leave 15 minutes early on Wednesday to take my kid to soccer practice. The rest of my life would not take kindly to being forgotten about for three months.

Thursday, December 01, 2005

Chinese School

On Sunday afternoons, my six year old son attends Chinese school. I send him because one of my great regrets in life is that I do not speak a foreign language fluently, and I know if he learns now, he will speak good, perhaps even accentless, Chinese as an adult. The school is run by the local Chinese Association of Tallahassee and uses donated space at the University. His teacher, Miss Joy, is a delightful native Chinese speaker with a background in early childhood education. So we are very fortunate. Already I notice that when I try to say something that I've heard in his class, he corrects me, and I do not understand the difference between what I've said and what he is saying, and I know that I'm simply not hearing the tonalities of the language.

It is interesting to experience this type of deafness, this type of "mind-blindness." I will never really be able to help him with his homework. It makes me appreciate the experience of immigrants who stuggle with language barriers and watch their children grow up and away from them into a new language and culture. To the extent we introduce our children to places we can't follow, we lose control over them, but I suppose we will always lose control over them at some point anyway.

Funny, I now know a little bit about how my mother felt when my sister announced she wanted to become a physicist. My mum, who was raised in rural Saskatchewan without electricty or plumbing, said, "You can't do that, I don't even know what it is." Everybody wants their children to have opportunities, to have access to more, to be more than the previous generation. It's just that exposure also means that the children become more cosmopolitan, and make choices that we don't understand, because we don't know anything about the area they explore.

Thursday, November 24, 2005

Turkey Trot

In my first race since I had breast cancer earlier this year, I ran the 5k at the Turkey Trot this morning. My family came, 6 year old James and I did the 1 mile first, and then I ran the 5k by myself. Well, by myself with about 1500 other people. I talked to a guy who said that last night there were over 1800 entrants for all four distances (1 mile, 5k, 10k and 15k), and there had to be a couple of thousand people there today. It was amazing. I ran well, for a duffer, every split was better than the last, I finished at about 30 minutes and was very happy. At about 2 miles I started thinking about how lucky I was to even be running and got a bit choked up, but collected myself and ran on. I felt glorious as I waved at Jim and James before I ran into the chute.

The weather was spectacular, David Yon is a race organizing genius, I saw scores of people I knew, and then went off and ate an enormous breakfast.

Happy Thanksgiving.

Monday, November 21, 2005

My newest case

Last week I had a subpoena served on Florida Metropolitan University, a for profit university that is a subsidiary of the California company, Corinthian, Inc.

Here is the Reuter's report:
http://today.reuters.com/news/newsArticleSearch.aspx?storyID=209249+21-Nov-2005+RTRS&srch=corinthian

Monday, November 14, 2005

Veteran's Day

Last week my first grade son brought home a form from school, asking him to list all of the veterans in his family. I asked him who were the veterans in our family, and he said, "Nobody. I don’t know. Grandpa?" I was quite surprised that he didn’t know I was a veteran. So on Veteran’s Day I took him to the American Legion breakfast, where we were greeted like returning prodigal family members and invited to ride on the float. During the course of the day, I spoke to veterans from World War II to the Gulf War, and I was struck by two things: First, I felt sincerely welcomed by every veteran I encountered, which was a sea change from my experience as a female Navy avionics technician in the 80s; and second, with the passing of the Greatest Generation, the smaller group of veterans that follow them will have to take their place in the ranks of Veteran’s organizations to ensure that those who serve are not forgotten. I hope that other veterans here in Leon County will reach out to do their part in the coming years.

Thursday, November 10, 2005

Sawmill Academy

I had a chance to visit the privatized juvenile medium security detention facility for girls, the Sawmill Academy, here in Leon County this week. Last week, the facility lost its fourth director in a little more than a year. Staff turnover has likewise been high. The 27 bed institution provides food, shelter, clothing and education to delinquent girls 14-18 years of age. As a group, they have real needs. According to the Department of Juvenile Justice, half of these young women have been sexually abused, 60% have a parent in jail, 60% have been physically abused, half have witnessed domestic violence, nearly half have attempted suicide.

I was there at the request of the Tallahassee Zonta Club to give a presentation on the structure of the court system. After reviewing the various courts at the state and federal level, I did a special section on the juvenile courts, and the demographics of juvenile delinquents. It was by far the most successful part of the talk, I noticed that the room had become more crowded, and the girls quiet and focused. Ironically, a juvenile detention facility is the safest place some of these girls have ever lived.

In a previous position I had visited both federal and state penitentiaries around the state, and have also visited the Leon County Jail. I thought I was prepared to visit this girls detention facility, but what surprised me most, was that rather than bringing to mind my experiences in other prisons, what the girls reminded me most of was my experience in boot camp.

Monday, October 31, 2005

More than meets the eye

James Rosica, a local reporter with the Tallahassee Democrat, wrote an article that appeared in Sunday's paper with the headline, "Some say Governor Playing Favorites." The article wrote about concerns of "cronyism" by the Bush administration, but no one complaining would speak for the record.

The article did little to address the layers of issues within the appointment process, and did not mention that people in Leon County will have their chance to select a judge for the County Court next year. There should have been more coverage, not less, on this process.

http://www.tallahassee.com/mld/tallahassee/news/local/13032989.htm

Wednesday, October 19, 2005

Think globally, act locally

Or in this case, rule locally, educate internationally. Local Circuit Court Judge Nikki Ann Clark traveled to Liberia recently to talk about elections law to try to encourage post election disputes to be resolved in the courtroom rather than in the streets. As one of the trial judges at the center of the 2000 presidential election litigation, she is particularly qualified to address the strength of the rule of law in this area.
http://www.tallahassee.com/mld/tallahassee/12937500.htm

Monday, October 17, 2005

Second Judicial Circuit Court Appointment

Last week, Angie Dempsey was appointed to the Second Judicial Circuit Court. Tonight is the annual Tallahassee Women Lawyers Judicial Reception. She has been invited, although she won't be sworn in until November. This appointment marks the first female appointment by the governor in this area since he took office.

Tuesday, October 11, 2005

Civic Clubs

I've been giving talks to various Civic Clubs about consumer law over the past couple of months. I've discovered that I like Civic Clubs. I like the comradarie, I like how they start out with the Pledge of Alegiance and sometimes they sing a song. I like the mix of ages in the groups and how each club has a variety of charitable activities. Most of the clubs ask me to join after the talk, but I always demur, as running for office has swallowed my life right now. But next year, after the race is over, I think I will join a civic club.

Thursday, October 06, 2005

County Court Appointment

Deputy Attorney General John Carassas has been appointed a circuit court judge in Hillsborough County. The appointment for the Second Judicial Circuit Court Seat has not yet been announced, but rumors abound. The seat will exist as of November 1, 2005, so an announcement within the next couple of weeks is likely. It has been heartening to see lawyers from the Attorney General's Office do well in the appointment process, the agency has first rate lawyers.

Thursday, September 29, 2005

Early Days

I filed on September 8, just less than a year before the primary election on September 5, 2006. Oddly, I'm already quite busy. I go to Bar Association meetings and talk to people, I go to Civic Club meetings and talk about Consumer Law and RICO, and I talk to other people who have run local campaigns and get their advice. I'm also working, and singing in church, doing Florida Bar committee work, doing charity work, volunteering at Kate Sullivan, and spending time with my husband and children.

Things could have been quite different for me this year. If I had been diagnosed this year with a serious form of breast cancer, instead of one that is essentially somulent or pre-invasive, I could have been journeying through chemotherapy and radiation instead of walking down the campaign trail. But receiving a wake up call, by any means, helps to focus on what you really want, instead of just doing what you always do.

Like the chemotherapy ads say, "I'm ready." I'm ready to work on this campaign, ready to become a judge, ready to serve the community in yet another way. I'm ready.

Thursday, August 18, 2005

Six Nominees for Second Circuit Vacancy

The names of Six attorneys have been submitted to the governor for him to select a judge for
the new seat on the Second Judicial Circuit:

http://www.tallahassee.com/mld/tallahassee/news/local/12410260.htm

• Linzie F. Bogan, 39, of Tallahassee. He is senior assistant attorney general in the ethics division of the Attorney General's Office.
• Dawn Caloca-Johnson, 41, of Tallahassee. She is administrative general magistrate for the 2nd Judicial Circuit. She reports to Chief Judge Charles Francis, handles her own family-law caseload and supervises traffic and other hearing officers across the circuit and their staff.
• David M. De La Paz, 46, of Crawfordville. He is staff director for the House Committee on Public Safety and Crime Prevention.
• Angela C. Dempsey, 36, of Tallahassee. She is senior assistant general counsel for the Department of Environmental Protection.
• Tim Harley, 54, of Tallahassee. He has been a Leon County judge since 2000, and was formerly an assistant prosecutor under State Attorney Willie Meggs.
• L. Clayton Roberts, 40, of Tallahassee. As executive deputy attorney general, he is the No. 3 man in the Attorney General's Office. Roberts is a former director of the state's Division of Elections, including during the 2000 election.
Bush now has 60 days to interview and select one of the six.
Circuit judges handle all circuit court matters, including felonies, civil suits exceeding $15,000, domestic relations, probate and juvenile justice. They are paid $139,497 a year.

Monday, August 15, 2005

Interview Schedule for Second Judicial Circuit

The Second Circuit Judicial Nominating Commission is pleased to announce the schedule of interviews for applicants applying for nomination to the circuit court for the Second Judicial Circuit. The Commission encourages and seeks comments regarding the qualifications of these applicants from the public, and members of the Bench and Bar. The members of the Second Circuit Judicial Nominating Commission are Peter Antonacci, Kim Bertron, Anne Corcoran, Brian Duffy, Elaine Duggar, Warren Husband, Jose Lorenzo, Jessica Varn and Stephanie Williams. Contact information for the Commissioners is available on The Florida Bar’s website.
Second Circuit Judicial Nominating Commission
Schedule of Interviews
Monday, August 15, 2005
Florida State University College of Law
Room 210G (Dean’s Conference Room)
8:00 a.m. Linzie F. Bogan
8:45 a.m. Dawn Caloca-Johnson
9:30 a.m. John G. Van Laningham
10:15 a.m. David M. De La Paz
11:00 a.m. Angela C. Dempsey
11:45 a.m. Timothy D. Harley
1:15 p.m. Leonard Jackson Holton
2:00 p.m. Errol H. Powell
2:45 p.m. L. Clayton Roberts
3:30 p.m. James O. Shelfer
4:15 p.m. Gordon David Cherr
5:00 p.m. T. Kent Wetherell, II

Wednesday, July 20, 2005

Applicants for the new Second Judicial Circuit Seat

1. Augustus D. Aikens, Jr.
2. Linzie F. Bogan
3. D. Andrew Byrne
4. Dawn Caloca-Johnson
5. Meredith Charbula
6. Gordon David Cherr
7. David M. De La Paz
8. Angela C. Dempsey
9. Eddie Dean Evans
10. Kim M. Fluharty
11. Timothy D. Harley
12. Leonard Jackson Holton
13. S. Curtis Kiser
14. Dean C. Kowalchyk
15. R. Lynn Lovejoy
16. Martha Martin
17. Errol H. Powell
18. Michael P. Reiter
19. L. Clayton Roberts
20. Steven E. Sellers
21. James O. Shelfer
22. John G. Van Laningham
23. William L. Wallis
24. T. Kent Wetherell, II

Applicant interviews will take place August 15, 2006. The Second Circuit Judial Nominating Commission will send between three and six names to the Governor for selection of the new judge. Three of the applicants are Leon County Court Judges. Three of the applicants are Administrative Law Judges with the Division of Administrative Hearings. Two of the applicants are Magistrate/Hearing Officers for the Second Judicial Circuit.

Friday, July 01, 2005

Second Judicial Circuit Appointment

In the 2005 legislative session 55 judgeships at both the county and circuit level were approved by the legislature and signed into law by the governor. The Second Judicial Circuit, which includes Leon County, received one seat, which will begin November 1, 2005. The Second Judicial Circuit's Nominating Commission will accept applications for the seat ending July 13, 2005. There are nine people on the Second Circuit Nominating Commission, they are:

Stephanie L. Williams is the Associate Dean for Administration for the Florida State University College of Law. She is the chair of the Second Judicial Circuit’s Judicial Nominating Committee.
http://www.law.fsu.edu/faculty/profiles/profiles.php?Department=31&Employee=2
swilliam@law.fsu.edu

Pete Antonacci is a partner with Gray Robinson, he used to be the Deputy Attorney General.
http://www.grayharris.com/attorney.php?ACTION=view&ID=130
pva@gray-robinson.com

Kim W. Bertron is a lobbyist and used to work for the legislature.
http://www.bertronconsulting.com/profhist.htm
kwb@bertronconsulting.com

Anne Corcoran is an attorney.

Brian S. Duffy is a civil defense attorney and leads the civil litigation group at McConnaughhey, Duffy, Coonrod, Pope & Weaver. http://mcconnaughhay.com/index.cfm/ps/PageId=168/SubPageId=51/Duffy
bduffy@mcconnaughhay.com

Elaine Duggar is a certified Marital & Family lawyer practicing with Gardner, Wadsworth, Duggar, Bist & Wiener, P.A.
elaine@gwdbw.com

Warren H. Husband is an administrative lawyer with Metz, Hauser, Husband & Daughton.
http://www.metzlaw.com/profiles/1025782.html
whh@metzlaw.com

Jose B. Lorenzo is the Director, Program, Policy & Institutional Review, in the Office of Student Financial Assistance at the Florida Department of Education. He is also an attorney.
JOSE.LORENZO@FLDOE.ORG

Jessica E. Varn is a Commissioner on the Public Employees Relations Commission.
jessica.varn@perc.state.fl.us

These nine people will review the applications and interview candidates. Traditionally, only some applicants were interviewed, but the current governor likes the Commissions to interview all applicants and most do so. Then between three and six names are sent to the governor for him to select a candidate. The current governor prefers to have more choices rather than fewer, so most Commissions send six names.

Appointments are quite different from elections, requiring much less time to make application. It would be interesting to know if fundamentally different candidates are selected by appointment vs. election.

Wednesday, June 22, 2005

This is a test

We're getting Lisa set up here!

Tuesday, June 21, 2005

Private to public life

So I begin the transition from private life to public. Julian Dozier wrote in a letter to the editor in the Tallahassee Democrat today:

"While maintaining separate business and personal lives is certainly a healthy idea, those who serve the public must be aware that such service may not always be needed at the most convenient time." http://www.tallahassee.com/mld/tallahassee/news/editorial/letters/11942120.htm

He was writing about a County Commissioner's recent public outburst of temper, but he could have been writing about any number of aspects of public life. During the four hurricanes last year, I worked nearly 100 days straight without a whole day off. It was axiomatic that the service was inconvenient, but necessary. When I was young and enlisted in the Navy, we toiled on 12 hour shifts, six days a week, to keep aircraft maintained to support the Libyan bombings. Considering that young servicemen were dying in their barracks and in nightclubs from suicide bombers, it was also not a particularly convenient time to be on active duty. This morning, in a more mundane public/private life inconvenience, my kid was sick, my sitter had a grandchild in hospital and I'm working on a brief.

As I prepare to become first a candidate, and then possibly a judge, I am thinking about the changes I am making to pursue the next level of public service. Thinking about becoming a judge is something most lawyers do at some point in their career, and in Florida, there are two ways to become a trial court judge. First, and the method by which most judges attain the bench, is by appointment.

A candidate submits an application for a vacant seat and the application is reviewed by the local Judicial Nominating Commission. The Commission interviews candidates, and sends a short list to the Governor to select an appointee. Unlike the federal system, there is no consent by the Senate required. In some ways the process is little different from applying for a job, except that you are interviewed by a panel of about 15 people. http://www.flsenate.gov/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A05S11

The alternate method is by election. Trial court judges are nominally up for election every 6 years, but their seats are rarely in peril, and trial court judges are routinely unopposed. From time to time, though, a seat is available for election. Next year, Judge Modisett will retire at the end of his term, and his seat will be open for election. The last time there was an open County Court seat, 8 people ran for it. So far, only one person has filed, I will not file until October, but I'm sure more people will declare as the deadline for commencing qualification by petition approaches.

Seeking a judicial seat by election is very different than seeking one by appointment. Appointment, while certainly intensely political, is simply not the same investment of time and money as an election. Even judicial elections have become expensive, there was a circuit court election in Jacksonville in 2002 where one candidate raised over $320,000 and the other over $270,000. In our own circuit, Judge Cooper raised over $70,000 in his 2002 election campaign. In the same year, Judge Francis raised over $65,000 for his re-election. By qualifying time, both were the sole candidates for their seats. http://election.dos.state.fl.us/

Keep in mind that neither Judge Cooper nor Judge Francis asked anyone for a campaign contribution. While all candidates must abide by election laws set out by state statute, judges and judicial candidate must also follow canons of ethics set out by the Florida Supreme Court. Those canons prohibit judicial candidates from asking for campaign contributions, but permit members of a judge's campaign committee to request for campaign contributions for the judge's or judicial candidate's campaign. http://www.floridasupremecourt.org/decisions/ethics/index.shtml

So in order to become a judge by election, a judicial candidate must become a public figure, and is subject to both elections laws and the code of judicial conduct. For most of us mere mortals, such a move requires some adjustment.

Some are simple to do and not particularly onerous: brush your hair and glance in the mirror before you walk out the door. Some are harder to accept: The decision to become a public person is to be permanently subject to media scrutiny.

Penny Herman, who has been out of public office for nearly a decade, had the grave misfortune to run over her next door neighbor in her driveway. It resulted in a lengthy article on the front page of the local section. But for her involvement, I suspect the incident would have received less in depth coverage. I do not envy her situation, shocked and grieving, and the entire community knowing it.

Becoming a candidate and growing accustomed to being noticed in public and held to a high standard of behavior is just one step en route to becoming an elected judge. It appears that the entire process is the antithesis of convenience.

Friday, June 17, 2005

Welcome

Welcome to the Lisa Raleigh 2006 Blog