CIRCUIT JUDGE HEIDI DAVIS TAKES THE BENCH

THE OFFICIAL NEWSLETTER OF THE FIFTH JUDICIAL CIRCUIT
Vol. V l, No. 1
Winter—2011
From the desk of Chief Judge
Daniel B. Merritt, Sr.
Significant changes affecting the
judiciary have occurred in the State
of Florida since our last edition of
Take Five.
Some of the changes include the
reduction of the annual interest rate
from 6.5% to 1.3% per year for
any member whose Deferred Retirement Option Program (DROP)
participation date is effective on or after July 1, 2011.
There will be no Pension Plan Cost of Living Adjustment
(COLA) on FRS service earned on or after July 1, 2011. A
reduced COLA will be calculated if a member’s retirement or
DROP participation date is effective on or after August 1,
2011. The reduced COLA will be calculated by taking the
total years of service earned prior to July 1, 2011 and dividing it by the total years of service at retirement, then multiplying it by 3%. (For example, a member who retires effective July 1, 2012, with 30 years of service (29 years earned
before July 1, 2011) will receive a 2.9% COLA each July: 29
÷ 30 = .9667 X 3% = 2.9%).
The Pension Plans vesting requirement (your right to a
benefit) has also been changed for hires after July 1, 2011.
These changes include a vesting requirement inclrease from 6
years to 8 years; changes in the Pension Plans calculation
(used in calculating retirement benefits) from the average of
the 5 highest fiscal years of salary to the 8 highest fiscal years
of salary. Retirement age for members of the judiciary is
now age 65 with 8 years of service or 33 years of service
regardless of age.
These were the most significant changes effecting the
Judiciary. All other benefits remain the same as previous
years.
The Fifth Circuit has welcomed a new Circuit Judge
headquartered in Hernando County. The Honorable Anthony M. Tatti was appointed in April as the newest circuit
judge in the Fifth, following the retirement of the Honorable
Stephen Rushing in March. Judge Tatti’s investiture was held
May 20 at the Hernando County Courthouse. Please join
me in congratulating and welcoming Judge Tatti to the
bench.
After much debate, the OSCA appropriated funding for
both the county judges’ conference and the circuit judges’
conference this coming summer. The county judges will be
having their annual conference in July in Boca Raton. The
circuit judges will be having their annual conference in August in Marco Island. I look forward to seeing many of you
there.
CIRCUIT JUDGE HEIDI DAVIS TAKES THE BENCH
Former General Magistrate, Heidi Davis
was honored by the presence of an overflowing Hernando County historic courtroom on January 21st; there to witness
her investiture as Circuit Judge. Judge
Davis said she was “truly honored to be
appointed and see so many people
here.” She thanked all of the Fifth Judicial Circuit general magistrates for their
support, her parents, daughter, and
other family members. “It means so
much to have everyone here today.”
Chief Judge Daniel B. Merritt, Sr. presided over the event. After Circuit Judge
T. Michael Johnson presented his list of ten things a judge should or
should not do and thanked Judge Davis for all she had done, first as a
Law Clerk in Lake County, and then as a Magistrate in Lake County,
he turned the program over to Circuit Judge Don F. Briggs. Judge
Briggs was proud to administer the oath of office to Judge Davis. He
also remarked on the path Judge Davis took to the bench.
A graduate of Stetson University College of Law, Judge Davis also
did civil litigation for a private Orlando firm, during her two-year break
between being a law clerk and becoming a magistrate in 2004.
Judge Davis presides over a two-county split assignment. In Citrus
County, she is assigned to approximately 90% of civil non-jury cases
and 40% of family law cases. In Hernando County, she is assigned to
all pro se family law cases, Jimmy Ryce cases, first appearances and
arraignments.
Lake County Administrative
Judge Don F. Briggs administering the oath of office to Circuit Judge Heidi Davis.
Photos courtesy of LPS Photography.
Now in Session
Greetings and welcome to Vol. VI No.
I, the latest edition of our Fifth Judicial
Circuit newsletter, Take Five. The State
of Florida continues to be suffering terrible financial woes resulting in a budget
shortfall in the billions of dollars. As I
write this, the Legislature will soon
be
starting
its
regular
session
and will need to
craft a budget that
deals with a huge
gap in income versus dollars needed
David M. Trammell, Trial
to
operate the state
Court Administrator
government.
In this issue of Take Five you can read
all about Judge Stephen O. Rushing’s
retirement. In the last issue of Take
Five you read about Judge Heidi Davis
being appointed to the bench. In this
issue you can read about her investiture. Learn all about the “Through the
Looking Glass” communications training
coordinated by Kristina Valdez in both
Hernando and Marion Counties.
As you can see, this issue of Take
Five is chock full of interesting information and articles. Be sure not to miss
the Personnel News section. Here you
can find out about the milestones, promotions, new hires, retirements and
separations of the members of our court
family.
JUDGE STEVE RUSHING RETIRES FROM
HERNANDO COUNTY CIRCUIT BENCH
After more than 30 years of public service (U.S. Army
Vietnam veteran, Assistant Public Defender, Assistant
State Attorney, Florida Bar Counsel, Pinellas County
Court Judge, Senior Judge, and attorney for Southwest
Florida Water Management District) and more than five
years as a Fifth Judicial circuit Judge, Judge Rushing
announced his retirement as of March 31, 2011. Since
taking office in November 2005, he has presided over
one half of the felony docket and one half of the civil
jury trial docket in Hernando County.
Also having served as president of the Citrus-Hernando Inn of Court, Judge
Rushing says, “It has been my distinct privilege to be a part of the Fifth Judicial Circuit Judiciary and to work with so many fine judges, attorneys, and
staff. I will always treasure the memories and my friends here in the Fifth
Judicial Circuit.”
Judge Rushing is also well know for his “Legal Insanity” cartoons, which
have appeared in dozens of legal magazines and bar newsletters across
America. He has had more than 500 cartoons published and has authored
three “Legal Insanity” cartoon books and is currently finishing up his fourth
book in the series.
Judge Rushing and his wife, Mia, plan to travel and to “just relax” at their
place in the Smoky Mountains spending quality time with their children and
grandchildren.
Much happiness to you, Judge and your family as you embark on your journey...
As always, I would appreciate any and
all questions, suggestions, or comments
on this issue of Take Five, or Take Five
in general. You can reach me by phone
at 352.401.6796 or email
dtrammell@circuit5.org.
Staff photographers around
the circuit:
Citrus—Beth Blackwelder
Hernando—Peggy Welch and
Linda Holm
Lake—Nicole Berg
Marion—Kristina Valdez
Sumter—Lorna Barker
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RECENT FLORIDA BAR
GOVERNOR SELECTS ANTHONY TATTI TO BE
NEXT CIRCUIT JUDGE
APPOINTMENTS
The Florida Bar recently appointed
Hernando County Judge Don Scaglione
as Chair of the Criminal Rules Committee. He was also appointed to the
Committee on the Rules of Judicial Administration and will serve as Criminal
Court Steering Committee Liaison to
the Florida Supreme Court. The three
appointments end in 2012.
General Counsel Grace Fagan was
appointed to the Student Education/
Admission to the Bar Committee and
will serve until 2014.
Former Assistant State Attorney Anthony Tatti received a personal phone call from Governor Rick
Scott on March 25th notifying him of his selection as
Circuit Judge of the Fifth Judicial Circuit.
Judge Tatti’s prior experience includes three years
as an assistant public defender, followed by 22 years
as an assistant state attorney, all served in the Fifth
Judicial Circuit.
Assigned to a civil docket in Hernando County and
filling former Judge Steven Rushing’s position, Judge Tatti officially took the
bench on April 4th. Judge Tatti’s investiture on May 20th will appear in the
next issue (Spring) of Take Five.
SUMTER ADDRESS CHANGE AND SECURITY VESTIBLE OPENING
by Lorna Barker, Purchasing Specialist
Effective March 1st, the mailing and physical address for the Sumter County Courthouse is 215 East McCollum Avenue, Bushnell, FL 33513.
This change is due to the opening of the new Security Vestibule which now serves as the main (and only) entrance to
the Courthouse complex. Since the Security Vestibule connects the Judicial Building and the Historic Courthouse, effectively make it one building, the County Commission has re-designated the complex as the Sumter County Courthouse,
as opposed to the Sumter County Judicial Center.
Effective March 4th, all Sumter employees must enter through the employee entrance at the rear of the Security Vestibule. Employee ID badges/swipe cards have been issued to all employees who have a physical office in the Courthouse. All others must
enter and leave through
the main entrance. All
previous entrances to
the former Judicial Building and Historic Courthouse are no longer accessible and all previously issued door codes
no longer operate, with
the exception of the
Judges’ entrance which
is accessible only for
Sumter Judges, Judicial
Assistants, Magistrate
Coleman and her assistant.
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HERNANDO COUNTY YOUTH COURT BECOMES PART OF CIRCUIT 5 FAMILY
by John Heyne, Youth Court Coordinator
The Hernando County Youth Court which was previously sponsored by the Hernando County Clerk of the Circuit
Court has officially been “adopted” by the Fifth Judicial Circuit. The Youth Court program, in continuous operation since
October, 1992, has the primary goal to provide an alternative to Juvenile Court that will deter future criminal behavior. If
peer pressure convinces offenders to participate in illegal activities, then peer pressure may also prevent the individual
from repeating such activities.
The intent is to interrupt the developing pattern of criminal behavior in juveniles by promoting self-esteem, providing
motivation for self improvement and instilling a healthy attitude toward authority. Youth
Court involves youth in juvenile delinquency prevention and allows them to be a part of
the solution rather than a part of the problem. Juvenile offenders, between the ages of
10 and 17, who have committed a misdemeanor crime have their cases heard by a
jury of their peers. Sources of referrals are law enforcement, Juvenile Court, the Department of Juvenile Justice, and the State Attorney’s Office.
Youth Court Volunteer Attorney Randy
Brooks center, flanked by Volunteer
Attorneys Joshua and Noah Baldwin.
Youth Court volunteers perform the roles of prosecuting and defense attorneys, bailiff, clerk and jury. A local volunteer attorney presides as Judge and is the only adult
directly involved in the Court proceedings. Juvenile offenders who successfully complete the program avoid formal prosecution.
Juvenile offenders assume responsibility for the consequences of their behavior and
receive constructive punishment based on the concept of restorative justice. Sanctions such as Jail Tours and Community Work Service allow juveniles to participate in
a manner that is both educational and meaningful. Community work service also allows youth to make a positive contribution to the community they live in and promotes
a sense of pride and civic responsibility.
Youth Court jury being sworn in.
Youth Court provides young people with a unique challenge and enables them to
have the opportunity to demonstrate to adults and themselves their capacity for self
government and responsible citizenship.
WHAT IS IT LIKE TO BE A JUDGE?
Danny Lisicki recently found out what it is like to be a judge. After his guardianship hearing, the Key Training Center
client received his wish—Citrus County Administrative Judge Patricia Thomas handed over her robe. Mr. Lisicki
beamed as he posed from the bench and with Judge Thomas and Bailiff Pat Alford. Judge Thomas cannot do it for
every person she has hearings with, but when she has a few minutes she says she is very happy to make someone’s
day. Danny’s mother, Mary Trudeau is so appreciative of the judge for taking the time to let her son have a wonderful
experience.
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HERNANDO COUNTY DRUG COURT BECOMES PART OF CIRCUIT 5 FAMILY
by Peggy Welch, Court Operations Manager, Court Alternatives
The Hernando County Drug Court which was previously sponsored by the Hernando County Clerk of the Circuit Court
has officially been “adopted” by the Fifth Judicial Circuit.
Started in 2001, the Drug Court has been presided over from the start by Circuit Judge Richard Tombrink, Jr. with
Kathleen Lonergan as Court Alternatives Coordinator. The program is a post-plea drug court and has been fortunate to
have an excellent team that has worked together for a long time.
The Hernando County Drug Court program is proud of its graduates and each graduate is proud to go on to lead a drug
-free life. A recent graduate, Luis Ortiz shared his story, which is truly a success story. At graduation, Mr. Ortiz shared
with the drug court team and program participants many personal facts about his life. He is 42 years old and has spent
a total of 26 years in prisons and jails. He was homeless for a time in New York and actually lived one winter under a
bridge in the city. Luis said the drug court program gave him back his life. He is now employed as a barber and very
happy to be able to support himself and his family. Mr. Ortiz and his wife thanked the drug court team profusely for all of
the help and support.
L-R: Hon. Richard Tombrink, Jr., Luis Ortiz, and Kathleen
Lonergan.
Luis Ortiz with his family after the graduation ceremony.
CHIEF JUDGE DANIEL B. MERRITT, SR. RE-ELECTED
At the Chief Judge Election held on February 11th, Circuit Judge Daniel B. Merritt, Sr. was re-elected Chief Judge for
the Fifth Judicial Circuit. His two-year term will begin on July 1st.
By Florida Rule of Judicial Administration 2.215(b)(1), the Chief Judge is a circuit judge who possesses administrative
ability. Chief Judges are chosen by a majority of the circuit and county court judges within the circuit and serve a term of
two years commencing on July 1st of each odd-numbered year. If there is no majority, the chief justice selects the chief
judge to serve the two-year term. The chief judge election is held no sooner than February 1st of the year during which
the chief judge’s term commences on July 1st. Chief Judge elections follow four rules; 1) All ballots are secret, 2) Any
circuit or county judge may nominate a candidate for chief judge, 3) Proxy voting is not permitted, and 4) Any judge who
will be absent from the election may vote by secret absentee ballot obtained from and returned to the Trial Court Administrator. [Rule 2.215(c)(1-4)]
Chief Judge responsibilities are set out in Rule 2.215 of the Judicial Administration Rules. “The purpose of this rule is
to fix administrative responsibility in the chief judges of the circuit courts and the other judges that the chief judges may
designate.” [Rule 2.215(a)]. Rule 2.215 (b)(1-10) details the duties and responsibilities of the Chief Judge.
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JUSTICE TEACHING - OFF THE BENCH AND BACK TO SCHOOL
Marion County Judge Steven Rogers took the Justice Teaching Initiative to the fifth-grade classes at Eighth Street Elementary School on Friday, March 25th. Judge Rogers was well received by the students eager to learn more about the
Constitution and the Bill of Rights.
Justice Teaching was a major effort of then Chief Justice R. Fred Lewis, with the ultimate goal being to pair a legal professional with every elementary, middle, and high school in the state of Florida. Volunteers can sign up online at
www.justiceteaching.org . “The program aims to benefit students in the following ways: promote an understanding of
Florida’s justice system and our laws, develop critical thinking abilities and problem solving skills, and demonstrate the
effective interaction of our courts within the constitutional structure.” (www.justiceteaching.org/about.shtmal)
Photos courtesy of
the Marion County
Public Schools.
MARION COUNTY TO HOST 2011
JUSTICE TEACHING INSTITUTE (JTI)
On Thursday, April 21st, the Fifth Judicial Circuit held the Eighth Annual Justice Teaching Institute; this year in Ocala. The all day institute is offered to all teachers in Marion
County. New to the faculty this year was Darlene Bell-Alexander, DCF Education Specialist and Deanna Lee Oswald, DCF Senior Staff Attorney. As in years past, the circuit
is honored to also have the Honorable R. Fred Lewis, Justice and Annette Boyd Pitts,
Executive Director, Florida Law Related Education Association as faculty presenting a
case study in the afternoon.
For further information, contact Kristina Valdez at 352.401.6796.
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“THROUGH THE LOOKING GLASS EFFECTIVE INTERPERSONAL COMMUNICATION
AND CONFLICT MANAGEMENT”
by Kristina Valdez, Court Operations Specialist
The Fifth Judicial Circuit applied for and received funding which allowed us to provide the program entitled ‘Through
the Looking Glass: Effective Interpersonal Communication and Conflict Management.” This training was hosted by
Marion County on February 25th and Hernando County on March 4th. The combined attendance for both sessions was
54 participants which consisted of a judge, judicial assistants, mediators, and court administration staff.
The workshops were made possible by the Office of the State Courts Administrator (OSCA) Court Education Trust
Fund (CETF). This trust fund is administered by the Florida Court Education Council which determines how the funds
approved by the Legislature are spent each year. Court Education has been expanding its programming to include nonjudge personnel (Florida Court Personnel) and has implemented a funding project designed to encourage the development of education programming by courts around the state. Circuits apply for funding and if awarded, the funds will enable them to retain faculty and fund limited participant travel for training using in-person and distance learning formats.
While distance learning by teleconferences, webcasts and webinars is very beneficial, the in-person format offers a
sense of shared purpose and cooperation among co-workers.
Training has always been a very important and valuable employee resource. The mission of the Florida Court Personnel Committee is to “enhance the administration of justice by cultivating a competent and quality workforce through education.”
Community Technical and Adult Education (CTAE) trainers Jim Thompson, Suzanne Bryant and Dan Davis presented
two valuable workshops on communicating effectively with people, resolving conflict and building a team that can work
together. CTAE, of Ocala, was established in 1974 and has been primarily known for offering the General Education
Diploma (GED). However, over the past several years they have expanded and now offer many more programs. In addition to the custom corporate training we received, CTAE offers a wide variety of courses that are customized to training for business and industry. Certificate programs are available. For those who may be interested in taking a course to
learn something new, CTAE offers dance, crafts, health and fitness, foreign languages and real estate, as well as many
others. If you are interested in learning more about CTAE and course offerings, please visit their website at
www.mcctae.com.
If you have a suggestion for future training topics, please contact Kristina Valdez at 352.401.6796 or
kvaldez@circuit5.org .
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CHILDREN TOUR THE LAKE JUDICIAL CENTER
The four-year-old class from Tavares’ Children’s House of Learning, along with their teachers and
a few parent chaperones, toured the Judicial Center on Friday, March 18th. Like the general public,
they entered through security and metal detectors. Unlike the general public, on the other side of
security was Sergeant Doug Unsworth (LCSO) issuing sticker badges to each student. With Sergeant Unsworth as their guide, they toured the Bailiffs’ Control Room, a holding cell, Judge Singeltary’s suite and a courtroom. The last tour stop was a trip to the roof of the judicial center, where
everyone got a great view of the judicial center’s expansion construction in progress.
Circuit Judge G. Richard Singeltary with Heather
Grinnell, JA, and Max Grinnell’s class.
BABY CONGRATULATIONS
Tameka Gordon and her husband, Jermaine welcomed their baby boy Jermaine Donnelle Gordon, Jr.
on January 27, 2011. Tameka, Administrative Assistant, is headquartered in Marion
County.
WEDDING CONGRATULATIONS
Danielle Golliday, Sumter Circuit Judicial Assistant and Gary
Brannen married while on a cruise stop in
Key West at the Hemingway Home and
Museum on January 24, 2011.
Congratulations,
Congratulations,
Tameka and Jermaine!
Danielle and Gary!
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PERSONNEL NEWS
MILESTONES
NEW MEMBERS OF OUR
COURT FAMILY
Barry Dimick
General Magistrate
Lake County
10 years
Barbra Rodriguez
January 3, 2011
Human Resources Manager
Lake County
Stephanie Jennings
January 16, 2001
Secretary Specialist
Hernando County
Faye Osebold
Judicial Assistant to
5 years
Hon. Mark Nacke
January 3, 2011
Samantha Maywell
Lake County
Foreclosure Senior Secretary
January 2, 2006
Hernando County
January 4, 2011
Margaret Baker
Digital Court Reporter
PROMOTIONS AND TRANSFERS
Sumter County
January 12, 2011
Linda Holm, Promoted to Administrative Assistant III
Erin Hunt
Hernando County, January 3, 2011
Trial Court Law Clerk
Marion County
Joyce Siegal, Promoted to Digital Court Reporter
February 7, 2011
Sumter County, January 13, 2011
LaVeta Carroll
Karen Plemmons, Transferred to Administrative Secretary I
Drug Court Manager
Hernando, Lake and Sumter Counties, February 11, 2011
Marion County
February 22, 2011
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PERSONNEL NEWS
EMPLOYEE OF THE QUARTER
SEPARATIONS
Court Administration takes great pleasure in announcing Angela Bragg-Lane
as employee of the quarter for the first quarter of 2011. Nominations called
Angela “dedicated, committed, focused, flexible, self-motivated, personable,
team player, and considerate.” “Angela put in extra effort during the move
into the Marion expansion building coordinating and assisting in moving furniture and technology items.” “She is always willing to help out where necessary.” “Without Angela this transition wouldn’t have gone as smoothly as it
did.” “I’m glad Angela’s part of our Fifth Circuit team!”
CONGRATULATIONS AND THANK YOU, ANGELA!
Paul Schauber
Drug Court Manager
Marion County
January 20, 2011
Brandi White
Electronic Court Reporter
Manager
Marion County
February 28, 2011
Sharlene Mosley
Digital Court Reporter
February 28, 2011
Teri Hines
Drug Court Therapist
Coordinator
Marion County
March 18, 2011
L-R: David M. Trammell, Court Administrator, Angela Bragg-Lane, and
Daniel B. Merritt, Sr., Chief Judge.
NOMINATIONS FOR
EMPLOYEE OF THE QUARTER
Please e-mail your nominee’s name, with
a brief description of his/her exceptional performance, to brodriguez@circuit5.org. The
nomination must be received before November 15, 2011.
Court Administration Staff and Judicial Assistants are eligible to be nominated. Judges and Managers are not eligible.
TAKE FIVE
Debbie C. Thomas
Administrative Services Manager and
Public Information Officer
Publisher
Under the direction of:
Daniel B. Merritt, Sr., Chief Judge
David M. Trammell, Court Administrator
Feedback & Story Submissions:
dtrammell@circuit5.org
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