Supreme Court adopts new MJP standards

first_imgSupreme Court adopts new MJP standards Supreme Court adopts new MJP standards The rules limit pro hac vice appearances to three in a 365-day period Gary Blankenship Senior Editor A Florida Bar and judicial administration rules package covering the multijurisdictional practice of law, including a limitation that out-of-state lawyers may not make more than three pro hac vice appearances in a 365-day period, has been approved by the Florida Supreme Court.The court on May 12 approved the MJP package, which had been proposed by a Bar special commission and then approved by the Board of Governors. The Bar special commission was appointed after the ABA proposed model rules on the subject.“We worked hard, we closely scrutinized on whether we should adopt in whole or in part various proposals of the ABA,” said John Yanchunis, who chaired the special commission. “We tailored the recommendations to what we believe would best suit the lawyers and citizens of Florida.”He added the court made the right decision on the pro hac vice rule. Previously, out-of-state lawyers coming into Florida to handle cases for clients were limited to three separate and unrelated cases in a 365-day period, but judges had discretion to allow more. The new Rule of Judicial Administration 2.061 does not allow for that discretion.“If they want more than three cases, they should take the Florida bar exam,” said Yanchunis, who is both a former member of the Bar Board of Governors and the Florida Board of Bar Examiners. “Florida continues to maintain the gold standard for the admission process.”The court, in its unanimous per curiam opinion approving the amended rules, said, “The court’s goal in adopting the amendments is to implement changes that improve legal services for the public by permitting the limited, temporary multijurisdictional practice of law but at the same time protecting the public, the legal profession, and the judiciary.“Although the concept of the multijurisdictional practice of law is not new, the court has concerns that difficulties may arise once these amendments are enacted. Thus, the court and The Florida Bar must remain vigilant to make sure that the amendments operate as envisioned so that legal services are enhanced and not frustrated.”The court noted there are three facets to the rule changes. One is a change to Bar Rule 4-5.5 describing when and how multijurisdictional practice is allowed. This includes activities related to litigation before pro hac vice status is granted and transactional work. The rule also allows appearances in arbitration and mediation proceedings.The second part requires that lawyers engaged in MJP agree to reciprocal disciplinary jurisdiction. They must report any disciplinary actions in their home jurisdictions and agree to be subject to Florida Supreme Court disciplinary jurisdiction.The third part is an amendment to Rule of Judicial Administration 2.061, which deals with pro hac vice admissions. A new rule is also adopted which governs appearances in arbitration proceedings. Both rules contain the language regarding the number of appearances.“More than three appearances within a 365-day period suggests that the non-Florida attorney is engaging in a regular practice in Florida,” the court said. “Non-Florida attorneys who tend to regularly practice in Florida may always seek to gain admission to The Florida Bar.”The rule also requires the use of a form motion, which is part of the amendment, for pro hac vice appearances to standardize the requests throughout the state.In addition, the rules specify that international arbitrations that do not involve Florida law but which are conducted in the state for the convenience of the parties are exempt from some of the provision of new Bar Rule 1-3.11. That governs appearances by non-Florida lawyers in arbitrations.The new rules become effective January 1, 2006. The court also ordered the Bar to study the effect of the amendments and report within two years of the effective date.The ruling came in In Re: Amendments to the Rules Regulating The Florida Bar and The Florida Rules of Judicial Administration, case no. SC04-135. The complete text of the opinion, along with the amended rules, can be found on the court’s Web site at www.floridasupremecourt.org. June 1, 2005 Senior Editor Regular Newslast_img read more

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Cows Escape, Cause Two Separate Accidents In Milan

first_imgMILAN — Cattle on the roadway led to two separate vehicle accidents Thursday night in the 8000 block of State Road 350, police say.Ripley County dispatchers received a report of several cows on the road around 11:15 p.m. As deputies were responding two vehicle accidents occurred.The first involved Catherine Betz, 34, of Milan, who was driving a 2012 Chevrolet Equinox traveling west in the area of 8223 East S.R 350, when she struck a cow.The  impact resulted in the vehicle suffering extensive damage  and the animal was killed. Betz was treated at the scene by Ripley County Medic and Milan Rescue 30.Police say another accident occurred minutes later in front of 8527 S.R. 350. The driver, Stephen McClanahan, 48, of Moores Hill, was traveling east when his 2006 Ford F250 struck at least one cow causing significant vehicle damage.McClanahan was uninjured.The livestock owner told deputies five cattle are missing and police say they have accounted for only one as of Friday afternoon.If you have information on the whereabouts of the missing animals contact the Ripley County Sheriff’s Office at (812) 689-5555.last_img read more

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