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h c b ap r e s i d e n t ’ sm e s s a g eA m y S . F a r r i o r, B u e l l & E l l i g e t t , P. A .Continued from page 4The Access to Justice Initiative seeks to address this problemby taking 3 concrete steps aimed at: (1) protecting workers’ rightsby helping workers obtain legal counsel to pursue their minimumwage, overtime and family leave claims; (2) helping veterans toobtain the legal assistance they need to pursue their disabilityclaims; and (3) finding alternatives to mortgage foreclosure.American Bar Association President-Elect Bill Robinson voicedthe ABA’s enthusiastic support for this program. The ABA, throughthe lawyer referral services of local bar associations such as ours,has agreed to work with the Department of Labor to help employeesfind local attorneys to pursue wage and family leave claims. Theleaders of nine local bar associations were in attendance, but withthe exception of the HCBA president, they were all from ournation’s largest cities.Before anyone is either too impressed or too distressed by theidea of yours truly at the White House, I should hasten to addthat 50 other people joined me in the meeting. Also, if the truthbe known, I never actually got to meet the vice president or anyof the other dignitaries, and none of them wanted my opinionon any topic. All I did was clap. White House security prohibitedattendees from bringing cell phones or cameras, and no “official”photograph was taken, so I don’t even have a photograph of theevent. In fact, they didn’t give out so much as a bottle of waterduring the 3-hour meeting probably a good idea, in retrospect,because they didn’t take any bathroom breaks either.Nevertheless, that a representative from the HCBA was askedto attend this event is testament to the incredible work that hasbeen done over the years by prior leaders of our association andby Connie Pruitt, our executive director, who is a veritable rock starin the organized bar world! I am merely the lucky beneficiary of alltheir hard work!The best part for me is that I will again represent the HCBA inWashington, D.C. at the United States Supreme Court Swearing InCeremony on May 16, 2011. I understand this is an unforgettableevent, so make your plans now to join me in D.C.In the end, what did I really get out of my trip to the WhiteHouse besides a beautiful new suit and shoes and purse? 2I got a once-in-a-lifetime opportunity to have a different perspectiveon how our government works. That’s important. I also had awonderful time! Would I go again in the unlikely event the WhiteHouse wants me to attend another meeting? You’d better believeit, but I’ll bring my own water.1One woman I told about my trip thought I was referring to the WhiteHouse, Black Market clothing store. Natural mistake!2Okay, two suits couldn’t resist. But don’t worry, the HCBA didn’tpay for the outfits or any other part of the trip!F E B 2 0 1 1 / H C B A L AW Y E R5

y l dp r e s i d e n tJaime R. Girgenti, Golden & Scaz, PLLCdCornhole for a Causeand For Some Fun, Too!Do you have a competitive spirit and enjoyplaying mindless, easy, FUN games? Do you likecompetitions? How about a competition withfree beer, Tampa Bay Lightning tickets, and achance to win cash prizes? Oh, and all of it tobenefit a great local organization? Enticed? Ifso, the Young Lawyers Division “CORNHOLEFOR A CAUSE” competition is for you!Mark your calendars on March 5, 2011,because the Young Lawyers Division willbe hosting its Second Annual “Cornhole fora Cause” tournament to raise money for BigBrothers Big Sisters of Tampa Bay (BBBS).So, what is a cornhole1? Glad you asked!6This year’s tournament is going to bean event you do not want to miss, asthe YLD strives to make this year’sevent even better than the last.It has been called many things: Corn Toss, Bean Bag,Bean Toss, Soft Horseshoes, and Indiana Horseshoes.The true history of the game is mostly unknown,though stories abound. One story claims that the gameContinued on page 7F E B 2 0 1 1 / H C B A L AW Y E R

y l dp r e s i d e n tJaime R. Girgenti, Golden & Scaz, PLLCContinued from page 6was first played during the14th century in Germany andthen rediscovered in Kentuckywithin the last century.Despite debate about whetherthe game was actually createdin the Kentucky farmland,Champaign, IL, or the WestSide of Cincinnati, somesources credit the inventionto western Cincinnati, but bywhom or when is unknown.Popularity of the game beganto increase in the late 1990s in Cincinnati areauniversities, particularly Miami University wherecornhole became a mainstay at parties and as acasual drinking game. Despite its origin, cornholeis becoming more and more popular nationwide.Cornhole or Corn Toss is similar to horseshoesexcept you use wooden boxes called cornholeplatforms and corn bags instead of horseshoesand metal stakes. Contestants take turns pitchingtheir corn bags at the cornhole platform until acontestant reaches the score of 21 points. A cornbag in the hole scores 3 points, while one on theplatform scores 1 point. Scoring can be swift,and the lead may change hands several times ina match before the winner is decided. The gameis generally played tournament style with anindividual or team being named the championat the end of the tournament.So, why play in the YLD Cornhole Tournament?Because it is easy and FUN, and you will be playingfor a great organization!The Second Annual “Cornholefor a Cause” Tournamentwill take place on Saturday,March 5, 2011 on the groundsof the St. Pete Times Forum.Custom Corn Toss, aClearwater organization whichruns cornhole tournamentsand leagues all around theTampa Bay area, will run thetournament. The entry fee forthe tournament is 50.00 inadvance and 60.00 on theday of the event. The entryfee includes admission for a team of two players,free beer to enjoy during the tournament, andtwo tickets to watch the Tampa Bay Lightningtake on the Montreal Canadiens at the 7 p.m.evening game.If you don’t think the cornhole tournament isfor you, you can still come out and join the fun bypurchasing a spectator ticket for 15.00, whichincludes unlimited free beer and one ticket to theLightning game.This year’s tournament is going to be an eventyou do not want to miss as the YLD strives tomake this year’s event even better than the last.Find your teammate, warm up that arm, and jointhe YLD as we raise money for BBBS of TampaBay and play a little cornhole! Hope to see youat the tournament!1See American Cornhole Association,www.playcornhole.org.Congratulations to Amanda Sansone, American BarAssociation YLD National Outstanding Young LawyerAward finalist and past president of the HCBA YLD.F E B 2 0 1 1 / H C B A L AW Y E R7

s t a t ea t t o r n e y ’ s m e s s a g eM a r k A . O b e r, S t a t e A t t o r n e y f o r t h e T h i r t e e n t h J u d i c i a l C i r c u i tProtecting Our Animals“The greatness of a nation and its moral progress canObe judged by the way its animals are treated.”—Mahatma GhandiOften there is a correlation between violenceagainst animals and violence against people.According to a 1997 study, 85% of women and63% of children entering a domestic violenceshelter reported that pet abuse had taken placein the home1 (Ascione, 1997).1 This disturbingconnection is addressed in Florida law, whichallows animal abuse to serve as a basis forinjunctive protection in domestic violence cases.Fla. Stat. Sec 741.30 (3)(H). Petitioners may asserttheir reasonable belief of being in danger ofbecoming a victim of domestic abuse based upona family pet being intentionally injured or killed.The state of Florida has strict laws for theprotection of animals. Florida has laws that makeanimal fighting illegal, and prosecution is notlimited to those who instigate, promote, and stagethe fights. Individuals who are spectators andContinued on page 9Free Wireless Internet Access2633 McCormick Drive, Suite 101, Clearwater, Florida 33759www.dalan-katz.comPhone: (727) 796-1000 or (800) 538-4173Facsimile: (727) 797-22008F E B 2 0 1 1 / H C B A L AW Y E R

s t a t ea t t o r n e y ’ s m e s s a g eM a r k A . O b e r, S t a t e A t t o r n e y f o r t h e T h i r t e e n t h J u d i c i a l C i r c u i tContinued from page 8resources are availableto provide thenecessary help toneedy pet owners: Humane Societyof Tampa Bay(813) 876-7138Pet SurrenderFood Assistance HillsboroughCounty AnimalServices(813) 744-5660Pet SurrenderSpay and NeuterVoucher ProgramOf course, thesesame groups are alwaysin need of donationsand volunteers in orderto provide servicesto our area. Together,we can keep ourcommunity safe for ourfamilies and our pets.those possessing animalfighting equipmentalso can be prosecuted.These violations arefelony offenses. Fla. Stat.Sec 828.122.Animal cruelty is alsoa crime under Floridalaw. Animal crueltyoccurs when there is anintentional act to anyanimal which results inthe cruel death, orexcessive or repeatedinfliction of unnecessarypain or suffering. Fla.Stat. Sec 828.12Criminal neglectoccurs when an animalhas been deprived ofOften there is a correlationnecessary sustenance;between violence against animalsthat is food, water,shelter and necessaryand violence against people.medical care. Although1Ascione, Frank R.,the recession is hard onPh.D., Claudia V. Weber,everyone, it does notM.S., and David S. Wood. The Abuse of Animals andjustify or excuse the neglect of pets. There areDomestic Violence: A National Survey of Shelters for Womenresources available for pet owners who struggleWho are Battered. Society and Animals, Vol. 5 No. 3, 1997.to provide for their animals. The following localF E B 2 0 1 1 / H C B A L AW Y E R9

f r o mt h ec l e r ko ft h ePat Fra n k , C l e rk o f t h e C i r c u i t C i r c u i tc i r c u i tc o u r tThe Florida Legislature:Center StageEI am hoping that the Florida Legislaturegrants our request to spare theClerks of Court this eight percent tax.Even though I am writingthis column in mid-December,in the midst of the holidayseason, I find my spiritplummets when I seeheadlines forecasting a 3.5 billion budget hole inthe upcoming state budget.I don’t know what thatportends for the Clerks ofCourt throughout Florida, butI have been hoping that theFlorida Legislature will givethe Clerks a belated “present”when it convenes on March 1.I put the word “present” in quotes because ourrequest is actually quite simple and not even a gift.What I refer to is an eight percent administrativesurcharge for the Department of Revenue beingimposed on our office by the state. This eightpercent is grossly unfair—it was imposed on usafter our budgets were approved.We did not anticipate that cut. We cannot affordit. Also, we know that it does not cost eightpercent to collect and disburse court fines andfees. We presently have that duty, and it costs ouroffice less than one percent! We regard this not asa service charge—but as a tax.We all recognize that times are tough, and theyhave been for a number of years. The Clerk’s Officein Hillsborough County, like our counterpartsthroughout the state of Florida, have responded bycutting our payroll, closing facilities, instituting aReduction in Force and imposing furlough days—days where employees do not work and do notget paid.To put this in perspective, at the peak of theeconomy, in 2007, the Clerk’s Office had a total of10961 positions. Today, weare reduced to 821 positions,a 15 percent reduction.Meanwhile, our workload hasonly intensified, furthercomplicated by the fact thatwe are forced to operate twoelectronic systems in order todo business, one to test ournew court-wide maintenancesystem, which we are in theprocess of implementing, andour current system, throughwhich we conduct businessevery day.I recognize that members of the HillsboroughCounty Bar are far more aware than most of theservices provided by the Clerk’s Office. Theseservices—to the public, the judges, attorneysand pro se litigants—are labor intensive. Mydeputy clerks not only work with the judges inthe courtrooms, but we also filed over 7.8 millioncourt records last year, routinely providedinformation, answered questions, administeredthe jury system, and collected the fees which runthe court system.The good news for the Clerk’s Office is thatour Governor-elect Rick Scott does not believein taxes. In the spirit of bipartisanship, I applaudhim. Furthermore, I agree with him. I don’tbelieve in taxes either!Thus, I am hoping that the Florida Legislaturegrants our request to continue our budget at itscurrent level, which is still a challenge, but tospare the Clerks of Court this eight percent “tax.”Any support from the Hillsborough County BarAssociation would be most appreciated. After all,we truly are in this together.F E B 2 0 1 1 / H C B A L AW Y E R

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JUST A LITTLE RESPECTAppellate Practice SectionChairs: Duane A. Daiker, Shumaker, Loop & Kendrick, LLP, and Marie A. Borland, Hill Ward Hendersonot long ago, I receiveda brief that criticizedme for “misstatingfacts” in my brief basedon a “conception of a record thatdoes not exist.” Call me naïve, butI was expecting to read why thelaw or the facts did not supportmy client’s position—not thatI had “violated my duties as alawyer” by taking liberties withNthe record. ThenI thought, this ishow my friend Patmust have feltwhen she openeda brief I hadwritten, over adecade ago,which suggestedshe had misstatedthe record. I stillremember theday I received hercall challengingmy comment.The good news:Pat and I spokeagain after weboth reviewed thebrief a secondtime, we agreedthe comment wasA lawyer shoulddemonstrate respectfor the legal systemand for thosewho serve it.not as strong asshe had initiallythought, andbest of all, wedeveloped amutual respectfor one anotheras appellatepractitioners andbecame friends.I remember theday Pat tookme to lunch afterI passed theAppellate BoardCertificationexam a fewyears later. Ialso rememberContinuedon page 13Are you interested in becoming an HCBA Officeror Director, or YLD Board Member?Be part of the leadership of the HCBA.Regular and Honorary members of the HCBA may file written nominationsto become a candidate for President-Elect, or for the Board of Directorsof the Hillsborough County Bar Association.Deadline for submitting nominations is April 15, 2011 at 5 pm.Please send statement of intent to: HCBA Secretary, 1610 N. Tampa St., Tampa, FL 33602.If you have any questions, please call Connie Pruitt,HCBA Executive Directorat 813.221-7777.12F E B 2 0 1 1 / H C B A L AW Y E R

JUST A LITTLE RESPECTAppellate Practice SectionContinued from page 12the day when Pat asked me towrite a letter to Governor JebBush recommending her forappointment to the Second DistrictCourt of Appeal. Yes, my opponentin that appeal was Judge PatriciaJ. Kelly, who was appointed to theCourt in 2001.The moral of this story is not totreat your opponent with respectbecause you never know whetherhe or she may one day sit as thejudge on your case—althoughthis would not be bad advice.The moral is that attacking thecredibility of your opponent doesnothing, in the end, to furtherthe administration of justice, yourclient’s case, the public perceptionof our legal system, or a respectfulenvironment among members ofour Bar.The Preamble to the FloridaRules of Professional Conductstates: “A lawyer shoulddemonstrate respect for the legalsystem and for those who serveit, including judges, other lawyers,and public officials.” Admittedly,the lines of effective advocacycan become blurred when we,as lawyers, strive zealously toadvance our client’s case. Butbefore filing briefs, pleadings,motions, memoranda or any otherpaper with the court, perhapswe should read the documentthrough the lens of a judge, andthen ask, “Have I really presentedthe facts and the law in a clearand forthright matter, free ofhyperbole, so the court candecide the issues clearly, andexpeditiously?” In the end, isn’tthat how we “demonstrate respectfor the legal system and for thosewho serve it,” including judgesand other lawyers?I, for one, have no desire everagain to irritate Judge Kelly, anyother member of the judiciary,or, for that matter, my opponent.I will continue to try, going forward,to stick to the law and the facts.In the process, I hope to treat myopponent, the court and the legalsystem with just alittle more respect.Author:Marie A. Borland,Hill WardHendersonASK-A-LAWYERVolunteers Jesus ElizarrarasDavid ThorpeDenny MorgensternTom HydeJames RaganoKeith HoffmanLarry SamahaRinky ParwaniJames Quinlan Shelia NormanJoseph TowneDale AppellLesly C. LongoA.J. MusialWilliam SchwartzMike FlukeNatalia GrisalesWilliam SchwartzLibraryVolunteersBrandon Library Brent RoseBloomingdale LibraryLinda Faingold If you would like to volunteer for these programs,please contact Pat at 221-7783 or email pat@hillsbar.comF E B 2 0 1 1 / H C B A L AW Y E R13

MAKE A DIFFERENCE DAY — ADOPT A VETERAN PROJECTCommunity Services CommitteeChairs: Stacy E. Yates, Mandelbaum, Fitzsimmons & Hewitt, P.A., and Mindi B. Lasley, Mindi Lasley, P.A.I may have brought the gifts that our firm collectedto the home where Charles, Bob and Edward reside,but I received the best present.I left a richer person for having met them.ach year, Make aDifference Day iscelebrated across theUnited States on the 4thSaturday in October. It is the largestnational day of helping others andis sponsored annually by USAWeekend magazine and its 700carrier newspapers. On October 23,2010, the HCBA Community ServicesCommittee participated in the Adopta Veteran Project in conjunctionwith Make a Difference Day.2010 marked James A. HaleyVeterans’ Hospital’s fifth sponsorshipof “Homeward Bound for Those WhoServed.” Deborah Gottardi, Chief ofthe Voluntary Service, began theproject in Tampa in 2005. It is a“medical foster home program thatprovides an alternative to nursinghome placement for approximately50 non-service connected veteranswho are dependent, chronically orterminally ill with limited familysupport and finances.” While thegovernment pays caregivers a perdiem to care for veterans, there islimited funding for the little extrasafter monthly expenses. The FosterHome staff and caregivers obtain“Wish Lists” from each of theveterans in the program.Ronika Anderson, Veteran AffairsVoluntary Services, coordinatedefforts with HCBA and provided20 Wish Lists. The call went outto volunteers to ensure that eachveteran was “adopted” and his/herE14Wish List was filled. Wish Listsincluded personal hygiene items aswell as requests for games, books,and shoes. The event provides thecommunity with the opportunityto remind our veterans how specialthey are and that they are notforgotten. We touch their lives,and they touch ours.Jillian Estes and I had theopportunity to visit with Charles,Bob and Edward. Charles served inthe Army in Korea. Bob had beenin the Marine Corps in the war inVietnam and Edward was a WorldWar II veteran who served in theArmy in Europe. Edward may havebeen old in years, but he was quitespirited. When asked, “Are you cold?”Edward replied, “No, I’m Edward.”He smiled a lot, and he sang thesame war song to us—many times.Jillian and Charles danced.Susan Kent was unable to joinus at the home due to a previouscommitment. She had purchaseda harmonica for Edward as one ofhis gifts. While Edward was notinterested in the harmonica (heliked the towels), Bob, who hadbeen very quiet, expressed aninterest in it. Edward told us it wasokay to give Bob the harmonica.Bob’s eyes lit up, and Jillian helpedhim take the harmonica out of thecellophane wrapped box. Bob turnedthe harmonica around several timesand put it to his lips. We all lookedat each other almost afraid of whatsounds might come out of theharmonica. To our utter amazement,Bob PLAYED the harmonica. Heplayed well, and he played it againand again. Hilda Casusky, the homecaregiver, did not know that Bobhad ever played a harmonica before.Everyone clapped. Charles begansinging God Bless America, andeveryone joined in. I admit it. Iwiped a few tears from my eyes.I may have

The Hillsborough County Bar Association's Judicial Pig Roast and 5K Race to the Courthouse will be on April 9, 2011. Please see the related article on page 44. The event supports pro bono legal services in Hillsborough County. The race starts at 5:30 p.m. from the Chester H. Ferguson Law Center, 1610 North Tampa Street, Tampa, Florida. Run or .