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THE SIDE BARNOVEMBER 2007

NEWSLETTER OF THE MARTIN COUNTY BAR ASSOCIATION

MESSAGE FROM THE PRESIDENTIN THIS ISSUE

• President’s Message

• News and Updates

• Calendar of Events

THE SIDE BAR

NEWSLETTER

Published monthly by the Martin

County Bar Association as a service

to its membership.

If you have an article, opinion, news or

other information for publication in the

SideBar, please call Michelle Katzman at

(772) 220-8018 or email information to:

[email protected]

The due date for all advertisements,

articles and announcements is the 20th

of the month preceding publication.

Contact Us:

MARTIN COUNTY BAR ASSOCIATION

PO Box 2197Stuart, FL 34995-2197

Continued On Next Page . . .

Welcome to the November edition of the Sidebar, the mostwidely read county bar association newsletter on the Treasure Coast (Imake my kids read it ten times a day just to make sure that we staynumber one). This month brings us three holidays. Of course there isThanksgiving and Veteran’s Day (the First World War, then called “theGreat War,” ended at the 11th hour of the 11th day of the 11th month).The day after Thanksgiving is the official start of Christmas/HolidayShopping Season, “Black Friday.” Plus, in Martin County, the daybefore Thanksgiving has also become a vacation day for many of us,as there is no school because the School system’s powers that bebelieve they and their employees need that day off to cook their Thanksgiving Dinner.Brilliant!

I enjoyed seeing many of you at the Fall Reception on October 25, where wehonored our 19th Circuit judges and welcomed new MCBA members. As I write thismessage, that reception is over a week in the future, but my magic ball tells me that ourYLD co-chairs Erica Lester and Anika Hardmon, along with Mr. Social Shaun Plymalewill do a fine job with this event. I also hope that you enjoyed our October lunch meetingwith special guest Acting Associate Attorney General Greg Katsas. Let’s see, Greg isthe Acting AAG. My friend Peter Keisler outranks him, as he’s the Acting AttorneyGeneral, Acting AG. The fewer “A”s, the higher the rank. That explains how, when I wasat Justice in the 80’s, I was the AAAAAAAAAAAAAG.

MCBA EXECUTIVE BOARD:

Voicemail Line:(772) 220-8018

E-Mail:[email protected]

Website:www.martincountybar.org

President:Honorable Alan O. Forst

Vice President:Linda Weiksnar

Treasurer:Scott Konopka

Secretary:Preethi Sekharan

Judges from the 19th Judicial Circuit strike a pose at the 2007 YLD Judicial Reception

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THE SIDE BAR - NOVEMBER 2007

Continued From Previous Page . . .

Recently, I was contacted and requested to pick up historical records of the MCBA, which have been in storagefor the past 7 years. What is in these boxes? Remember, Martin County was once the winter home to Al Capone. Wehave thus asked Geraldo Rivera to assist us as we investigate Al Capone’s vault, er, these 15 boxes. Will there be atreasure map? If there is, I bet the treasure is buried under the Oughterson building. Or will there just be a bunch ofempty wine bottles, like the Capone vault? I’m guessing the latter, as past MCBA officer meetings were probably raucousaffairs. C’mon, party animals like Shields McManus, Jim Bowdish, Barbara Bronis and Rick Crary were past presidents!Distinguished, of course, from the much more professional and sober (doh!) meetings of the present board. As weprepare to go through these boxes, we have ordered extra bottles of purell hand soap and inoculation shots (and, ofcourse, good wine—gotta get with the program). We will have future reports on our archeological endeavors.

I will be at the Federalist Society’s national conference in mid-November, and I’ll thus miss the MCBA’s Novemberlunch meeting. The lovely and brilliant Linda Weiksnar will be an able substitute host as we welcome Sheila Tuma,Florida Bar counsel, who will deliver an excellent presentation, good for one hour of ETHICS CLE CREDIT. This is anexample of the not-so-lovely, not-so-brilliant current bar President delivering the goods.

I had the honor of serving as Justice Clarence Thomas’ special assistant in the late 80s. I’m eager to read hisbook, My Grandfather’s Son: A Memoir and I look forward to hearing his distinctive laugh when I’m at the FederalistSociety conference in a few weeks and when he’s down in Palm Beach in December. I was fortunate to hear many ofJustice Thomas’ stories as we sat around drinking coke and watching videos and—hey, stop giggling! It was “TheFountainhead” we were watching (that’s a movie based on an Ayn Rand book), I was drinking Diet Coke, and I sincerelydoubt that the infamous alleged comment was ever uttered to any of Justice Thomas’ special assistants. I greatlyrespect and loved working for EEOC Chairman Clarence Thomas (he is a “lovely” person, as well as brilliant and engaging)and I was tempted to apply for a clerkship with him when he moved on to the DC Circuit Court of Appeals until I learnedthat he had recruited a brilliant new lawyer from Harvard who had just finished a clerkship. The name of that lawyer whoclerked for Justice Thomas on both the DC Circuit and the Supreme Court? Gregory Katsas, our October lunch speaker.

Have a great month!

STUART ATTORNEY HONORED AT RECENT RED MASS SERVICEStuart News Press Release

Lawrence E. Crary, III of Crary, Buchanan, Bowdish, Bovie, Beres, Elder & Williamson, Chartered, was the firstrecipient of the Thomas More Award, presented at the inaugural Red Mass held in Martin County at St. JosephCatholic Church, Stuart on Friday, October 12, 2007. Larry, a member of St. Joseph Catholic Church, has been afaithful church leader and Deacon of St. Joseph’s for many years. He has dedicated himself to helping the poor andunderprivileged, providing needed legal services to Habitat for Humanity on a pro bono basis.

The celebration of the Red Mass began in the Roman Catholic Church in France in 1245 and has been held in variousCatholic churches annually since that time. Its purpose is to honor those who serve and administer the law, includingjudges, members of the bar, and public officials. The local event was organized by the Catholic Lawyers’ Guild of St.Joseph’s of whom a number of lawyers in our community are members. The award was named for Thomas More, whowas an English statesman and author of Utopia and other significant literary works. He is celebrated as a martyr in theRoman Catholic Church, a man of noble character with deep resolute religious conviction, possessing great personalcharm, fearlessness, unfailing good humor, and piercing wit. He was ordered beheaded by Henry VIII for his opposingthe king’s claim to be the supreme head of the Church of England during Henry’s battle with the Pope over his divorce.

The Bishop of the Roman Catholic Church of the diocese in which St. Joseph’s is located presided over the churchservice. Larry Crary participated actively in the Red Mass service, leading prayers and assisting with the Mass. TheHonorable F. Shields McManus, our most recently appointed Circuit Judge, acted as Cantor. Many Martin CountyCircuit Judges attended the church service along with Vicki Davis, our Supervisor of Elections, and other publicofficials. Although the Red Mass is an event of the Catholic Church, it is a church service open to all denominations.Following the church service, a banquet was held at the Knights of Columbus Hall with Jim Sackett, of Channel 5News, as the guest speaker.

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THE SIDE BAR- NOVEMBER 2007

THE MCBA YOUNG LAWYERS DIVISION - FALL JUDICIAL

RECEPTION IS TREMENDOUS SUCCESS

Anika Hardmon and Erica J. Lester, Committee Co-Chairs

On October 25, 2007, the Martin CountyBar Association (MCBA) Young Lawyers Divisionalong with the Judicial Relations Committee hostedthe 2007 Fall Reception honoring the members ofthe 19th Circuit Judiciary and the new members ofthe MCBA. The reception was held at the beautifuland historic Elliott Museum on Hutchinson Islandin Stuart. The 2007 Fall Reception was a hugesuccess with 14 members of the judiciary amongthe over 60 MCBA members in attendance.Members of the MCBA and their guests enjoyedan evening filled with fine food, good company andgreat music provided by MCBA’s very own RichardLevenstein.

The Fall Reception provided members ofthe MCBA with an opportunity to recognize themembers of the judiciary for their outstandingcommitment to the courts and the legal system. Italso allowed the members of the MCBA to meetthe judiciary in a casual social setting.

The 2007 Fall Reception was a successthanks to the generosity of our sponsors: Gary,Williams, Finney, Lewis, Watson & Sperando, PL(Platinum); Esquire Deposition Services; Jack S.Cox, P.A; Kramer, Sopko & Levenstein, P.A.; andRutherford Mulhall, P.A. (Silver).

YLD is designed to promote fellowshipamong new members of the MCBA, broaden theirview of the legal profession, and to encourageinterest among its members in the problems andimprovement of the legal profession and thecommunity.

In addition to networking opportunities, theYLD provides new attorneys a chance to spendtime with their peers in fun social settings. TheYLD hosts numerous social and educational eventsfocused specifically for newer attorneys. Pleasejoin us for our next meeting which will be held atDos Amigos, 300 S. Federal Highway, Stuart,Florida on Tuesday November 13, 2007 at 6:00pm.You may RSVP for this meeting by email to PamLewis ([email protected]).

Our Sincere Thanks to theGenerous Sponsors

of The Judicial Reception

Platinum Sponsor

Silver Sponsors

JACK SCHRAMM COX, ESQ.

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West Palm Beach, FL | www.murrayguari.com | 561.366.9099

We are the kind of partner you would want to have.

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FROM THE LAW LIBRARY COMMITTEE Eric Buetens

REMINDER: CLE TAPES ARE AVAILABLE FREE TO MARTIN COUNTY BAR MEMBERS The Law Library Committee, using funds provided by the Martin County Bar Association, has audiotape sets availablefor free to Martin County Bar Members at the Law Library in the Courthouse. Hours can be reported online or thelibrary has a few scan forms to report your credit hours. Short sets (such as the Ethics only tapes) may be checkedout for one week. Longer sets (8 + credits) may be checked out for two weeks, although the sooner they come backto the law library, the better. The following tapes also provide Martin County Bar Members the opportunity to earn CLEcredits and stay up to date on the state of the law. Stop by the Law Library to take advantage of this Martin County BarMember benefit.

The Law Library is open Mon - Fri 9:00am - 4:55pm

FLORIDA BAR CLE TAPES:• Basic Federal Practice 2007 - 7.5 credits - 1 ethics credit - Expires 9/29/2008• Criminal Law Update 2007 - 8 credits - 1 ethics credit - Expires 10/13/2008• Advanced Evidence 2007 - 8 credits - 1 ethics credit - Expires 9/15/2008• Real Estate: It’s a Brand New World - 5.5 credits - 0.5 ethics credit - Expires 7/12/2008• Basic Construction Law 2006 8 credits - 0 ethics credit - Expires 2/24/08• (Also, ordered but not yet arrived: Family Law Seminar & Land Use Seminar

Please visit http://friendsbookdepot.com for information on The Friends’ Book Depot, a local project which benefitsthe Martin County Library system. The Depot, located at the B&A Flea Market, features thousands of books andhundreds of video tapes & audio books.

IMMIGRATION LAW COMMITTEE

Karen P. Mentor, Esq., Chair

If you are Interested in becoming a memberof the Immigration Law Committee or for moreinformation on planned programming, pleaseemail [email protected].

OFFICE SPACE FOR RENT

Downtown Stuart: 27 E. Ocean Blvd.

Office sharing space available.One block from the court house.

Secretarial stations, conferencerooms, shared copier and

free internet.

Rent month-to-month.Referral possibilities.

CONTACT: CHUCK GEARY

(772) [email protected]

Professionalism CommitteeGeorge W. Bush, Jr

A conference has been scheduled forNovember 6, 2007, at the Stuart offices ofGeorge W. Bush, Jr. (Fox, Wackeen, Dungey,Et Al).

For those who wish to attend theconference telephonically, a AT&T conferencecall will begin at 12:15pm; for those attendingin person, lunch will start at noon. Pleasecontact George W. Bush, Jr. for moreinformation

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EMPLOYMENT LAW COMMITTEE REPORTAlan Orantes Forst, Chair

The Labor and Employment Law Committee had a very good turnout on October 10 to hear anexcellent presentation by Cathleen Scott entitled “What Every Practitioner Should Know about Employ-ment Law.” Ms. Scott is a Board-Certified Labor and Employment Law attorney and a member of theFlorida Bar’s prestigious Labor and Employment Law Section’s Executive Council. Ms. Scott’s powerpointpresentation was well paced and packed with information regarding the Florida Civil Rights Act, Federalnondiscrimination laws, including the ADA, FMLA, FLSA, and similar laws. Attendees received one hourof CLE credit. The Committee thanks Ms. Scott and Crary Buchanan for the use of its conference room.

2007-2008 MCBA COMPOSITE PHOTO TO BE DISPLAYEDAT THE MARTIN COUNTY COURTHOUSE

An updated composite photo of all 2007-2008 MCBA members will be displayed at the MartinCounty Courthouse in early 2008. Abbey Portrait Studios located at the Treasure Coast SquareMall will be taking members’ headshots from 11:30 am to 1:30 pm at the November 16, 2007 MCBAlunch held at Monarch Country Club.

THIS IS YOUR LAST CHANCE! Call Michelle Katzman ASAP (772-288-6245) to schedule an appointment. Please note that spaceis limited. If you are unable to attend the lunch or be scheduled, please make an appointment withthe photographers directly (Peter or Julie Hughes) at 772-692-2200.

ONLY PHOTOS TAKEN BY NOVEMBER 23, 2007WILL BE INCLUDED IN THE COMPOSITE.

The portraits for the composite photo will also be used for the MCBA Directory and will be taken atno cost to members. If your firm or you would like to order additional photos and/or alternatebackgrounds, there will be order forms available from the photographer at the luncheon.

CRIMINAL LAW COMMITTEEAdam Guzi and Adrienne Fleming, Co-Chairs

The Criminal Law Division will hold its first meeting Wednesday, November 14th at 6:00pm at Carson’s located at 2883SE Ocean Blvd (Stracuzzi Plaza). Please contact Adam Guzi [email protected] or Adrienne [email protected] with any question.

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PROBATE, TRUST, & GUARDIANSHIP LAW COMMITTEE

The former Elder Law & Guardianship Committee has adopted a new name and will now bereferred to as the Probate, Trust, & Guardianship Law Committee.

The focus of this committee will be on probate and trust law. The next meeting is November 14th

at noon at McCarthy, Summers et al. Lunch will be served. Future meetings will be held on the secondWednesday of each month. Contact Wesley Harvin at [email protected] for more information.

LITIGATION/TRIAL LAW COMMITTEEGregory S. Weiss

The Litigation Section of the MCBA meets on the on the first Thursday of each month, at theoffice of Page, Mrachek, Fitzgerald and Rose, P.A. for lunch.

A brief entertaining excerpt from Jim McElhaney regarding trial tactics (e-mailed to eachmember on the Monday before the lunch) will be discussed. If you are interested in attending,please contact the Litigation Section Chair, Greg Weiss, by email at: ..

[email protected]

Approval for Florida Bar CLE credits pending.

CHEERS - NEWS FROM THE FRIENDLY NEIGHBORHOOD BAR

Please send us your news of new hires,promotions, awards, engagements,marriages, child births, new addressesand the like for future issues of theSideBar.

The Law Offices of W. Trent Steelewelcomes its newest Associate Attorney,Brian Pita.

McCarthy, Summers, Bobko, Wood,Sawyer & Perry, P.A. is pleased toannounce the addition of Rene Iosco,Associate Attorney in CommercialLitigation and Owen Schultz, AssociateAttorney practicing in Real EstateTransactions, Litigation and EmploymentLaw to the firm.

DESCRIPTION: You’ll know ‘em when you see ‘em!

WANTED: to be Chairperson of the Family Law Committee

REWARD: The eternal gratitude of the Martin County BarAssociation and Family Law Committee members!

If you have any information leading to the apprehension ofthis person, please contact Michelle at:[email protected]

Warning: this person may be armed (with an impressivevocabulary) and wily! If you attempt to confront this persondirectly, please proceed with caution.

Dead or Alive!(Preferably Alive)

Family Law Committee Chairpersona/k/a: “Counselor”

(in more ways than one!)

WANTED

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FOR LEASE – OFFICE SUITESProfessional Office Building

215 S. Federal HighwayStuart, FL

Suites Available:620 & 1975 square feet

Call 772-220-4096www.slccommercial.com

The Red MassOliveann Lancy

During the 14th century, the Red Mass was celebrated during the reign of Edward 1 in England. The entireBench and Bar attended the Red Mass together at the opening of each term of Court. The aim of the Mass was, andcontinues to be, to invoke God’s blessing upon the members of the Bench, Bar and all protectors and administrators ofthe Law.

In Stuart, Florida, on October 12, 2007, the pomp and circumstances began with a procession of many of ourJudges dressed in their robes, followed by Knights of Columbus in full regalia who escorted the Honorable BishopGerald M. Barbarito, Pastor Noel McGrath and other clergy members including our own Larry Crary.......but more aboutLarry later! The choir, dressed in red and augmented with several instruments, sang beautifully. Oliveann Lancy gavethe reading and The Honorable Shields McManus cantored the Psalm with his magnificent voice. After the gospel andthe Bishop’s inspiring homily, Steve Vitale favored the congregation by playing and singing a lovely hymn before theservice was concluded.

After photos were taken, the guests drove to the Knights of Columbus Hall which had been transformed by Mrs.Mark Miller and Mrs. Steven Vitale and their helpers into a veritable Disneyesque fairyland with red tablecloths andnapkins, chairs covered in white satin, twinkling lights, lovely topiary centerpieces on the tables and delicious favorsfor all the guests. While libations were poured, we were treated to some good jazz performed by the St. Joseph SchoolJazz Band . Then Larry Crary began the program with a hearty welcome which was followed by Lawrence Huttmanleading us in the Pledge of Allegiance. Chief Judge William Roby asked the lawyers present to stand and he administeredthe Oath of the Florida Bar to us in a very touchingceremony. Michelle Jones, chef at Michelina’sRestaurant, had prepared a veritable feast for allthose lucky enough to be in attendance, and awonderful dinner was enjoyed by all.

It had been decided to give the Sir ThomasMore Award to an attorney in the community wholives the Book of Micah exhortation to “Act Justly,Love Tenderly, and Walk Humbly with your God”and the recipient was chosen by a vote of themembers of the Steering Committee of the CatholicLawyers Guild. Mark Miller presented the award toa surprised and gracious DEACON LARRYCRARY! Then, Glenn Webber introduced the guestspeaker, WPTV News Anchor Jim Sackett whospoke eloquently of his faith and profession. It wastruly a wonderful event which, hopefully, will berepeated in the years to follow.

Volunteer Request - Can You Help?

The Jensen Beach High School debateteam needs volunteers to help coach theteam.

Anyone with high school or collegedebate experience who can

assist please contact Patty Kakoyannisat 220-8763

or [email protected]

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A PROFILE OF SHEILA TUMA OF THE FLORIDA BARGUEST SPEAKER AT MCBA NOVEMBER CLE LUNCHEON

On Friday, November 16, the Martin County Bar Association (MCBA)is pleased to welcome Sheila Tuma as our guest speaker at our monthlyluncheon meeting. Ms. Tuma serves as Bar Counsel in the Orlando Branchof the Florida Bar. In that position, she investigates and prosecutesallegations of attorney misconduct in the 19th Judicial Circuit. She alsoteaches Ethics School, Professionalism and Advertising Workshopsthroughout the State of Florida. Ms. Tuma will be making a presentationconcerning ethics and professionalism.

Ms. Tuma earned her Juris Doctor degree in 1989 from the Chicago-Kent College of Law in Chicago, Illinois. She earned her Bachelor of Artsdegree in Criminal Justice at Saint Xavier College in 1985. Ms. Tuma previously worked for theAttorney Registration and Disciplinary Commission of the Illinois Supreme Court beginning in 1986as a paralegal. In 1989, she became a member of the Illinois Bar and investigated and prosecutedallegations of attorney misconduct for the Disciplinary Commission. In 2000, Ms. Tuma became amember of the Florida Bar and commenced serving in her present position.

As usual, attendees will be able to receive one hour of CLE credit. As a special bonus, theNovember presentation is good for one hour of ethics credit. We look forward to another greatturnout at the November 16 luncheon, at Monarch Country Club. Please call 772-220-8018 to RSVPif you would like to attend. It is important that you RSVP by November 14 to guarantee a meal. Thelunch is free to MCBA members and $25 for non-members.

Any article appearing herein may bereproduced provided credit is given both tothe SideBar and the author of the article.

Views and conclusions expressed in articlesand ads herein are those of the authors oradvertisers and not necessarily those of theofficers, directors, or staff of the Martin CountyBar Association. Further, the Martin CountyBar Association and staff do not endorse anyproduct or service advertised.

All advertising is subject to approval. Weregret any errors or omissions and such, ifapplicable, will be noted in future issues.

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HONORABLE MENTION – JUDGE SHERWOOD BAUER, JR.BY DEBORAH BEARD

Judge Sherwood “Chip”Bauer, Jr. People’s names can tellus so much about the person andtheir family history. This isespecially true for Judge Bauer. Hisfirst name, Sherwood, is English forforest and his last name, Bauer, isGerman for farmer. His nickname,Chip, came about when he was firstborn. His dad, also namedSherwood, did not care for the name,and advised his wife that his sonSherwood would from then on be

known as Chip, indicating that he would be “ a chip off the oldblock”. The similarities between Judge Bauer and his dad mightnot always have been so obvious, but his dad’s influence andchoices of jobs and locales in which to live helped frame theperson Chip became.

Although born in Connecticut as part of a 4th generationof Connecticut family members, Chip lived there only until hewas in the fifth grade. His dad had tired of operating a FordMotor Dealership and wanted to move his family to a moretranquil and quiet spot that would allow them to live near thewater. He probably could not have selected a more ideal areato raise his children and to follow his own dream of being a ferrycaptain. The Bauer family moved to Shelter Island, which is asmall island on the east end of Long Island. His dad ferried thewinter residents of Shelter Island and the summer visitors theshort distance between Shelter Island and Long Island.

The Bauers were already familiar with the area as theyhad summered there on a regular basis and often stayed inhouse boats which added excitement to their trips. Chip andhis two older brothers, Kirk and Jeff, loved sailing and boatingand were thrilled with the idea of actually living on an island.None of them probably realized how dramatically different theirlives would be from what they were used to in Connecticut.Chip’s mom, who spent most of her time raising her three sons,was a willing good sport and looked forward to the move asmuch as the rest of the family did.

At the time of the move, Shelter Island had only 1200year round residents and Chip’s school, grades K-12, had atotal of 265 kids. The island itself, which was filled with openspaces, had no street or traffic lights, and there was a sense offreedom to explore the eleven square miles of the island. Athird of the island was owned by a Nature Conservancy, whichleft a fairly small area for the casual, comfortable type homeslocated along the coast, bike riding, and a chance to walkdown the street where all the locals knew each other. In thesummers, the visitors could swell the population to more than

12,000 people, but the “hare leggers”, as thepermanent residents were affectionately called,always knew who really belonged there.

Chip’s graduating class had only 24 kids init but it holds the record for having the largestgraduating class ever and there is yet to be a largerone. Chip returned for his 25th high school reunionand found that very little had changed. He stillrecognized a lot of the people and it was fun toreminisce with his classmates with whom he hadplayed soccer, baseball, golf and basketball. Oneof the real advantages of going to a small schoolwhere there are not enough boys to fill the teams isthat everyone really had a chance to play any sportthey liked. At the end of 11th grade, Chip had enoughcredits, with the exception of one English class, tograduate from his high school with a Regent’sDiploma. He elected to attend Stetson University inFlorida where his older brothers, Kirk and Jeff, wereattending school and where they could help easethe transition for Chip. With the flexibility of an earlyadmission at Stetson, Chip’s first year in collegewas also his last year in high school as his highschool agreed to accept a college English class asthe missing high school English credit.

College was a great time for Chip. He didwell academically, yet had plenty of free time tosocialize, meet other students, join and be selectedas the President of his fraternity and President ofthe Pledge Class. During the summer, he workedto help pay for college and later for law school but ina job unlike most other students. He had takenover the lawn business that his brother, Kirk, hadstarted on Shelter Island and when he went homeeach summer, he made enough money that he didnot have to worry about working during the rest ofthe school year.

Chip graduated from Stetson in 1985 anddecided not to go to Stetson for law school becausehe had reached the point where he did not want tocontinue to be known as Kirk’s little brother. It wastime for him to branch out and expand hisexperiences and he did so by attending NovaUniversity of Law in Fort Lauderdale. Althoughunsure what area of law he wanted to practice, hethought it might be in the boat industry and certainlywould not be in criminal law or trial work. What asurprise it turned out to be when he graduated in1988 and accepted a position with Bruce Colton,

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NOVEMBER 1 - Trial Litigation Comm. Meeting @ PMF&R (Noon) / Committee Chairs’ WebsiteUpdates Due

NOVEMBER 6 - Professionalism Committee meets at Fox Wackeen (noon)

NOVEMBER 12 - Columbus Day Observed (Courthouse Closed)

NOVEMBER 13 - MCBA Officers’ Meeting @ TBD (Noon) / YLD meets @ Dos Amigos (6:00pm)/ RSVP FOR 11/16 LUNCHEON DUE

NOVEMBER 14 - Probate/Trust/Guardianship (Noon) @ McCarthy Summers / Inns of CourtMeeting @ Courthouse (5:30pm) / Criminal Law meets 6pm @ Carson’s

NOVEMBER 15 - Committee Chairs’ Website Updates Due

NOVEMBER 16 - MCBA Luncheon @ Monarch CC 11:45am (Composite Photos To Be Taken)

NOVEMBER 20 - SideBar Articles/Ads Due

NOVEMBER 22 - Thanksgiving (Courthouse Closed)

NOVEMBER 23 - Courthouse Closed

NOVEMBER CALENDAR OF EVENTS

State Attorney, as an Assistant State Attorney andloved it! He was inspired with the courtroom work, aswell as his bosses and co-workers, many of whomare now judges themselves. He had previouslyclerked at Boose, Casey, et al law firm in West PalmBeach but knew he wanted to live in the 19th Circuitand had changed his mind somewhat about practicingtransactional law.

His good friend, Chris Twohey, whom he hadmet while at Stetson, also attended Nova Universitya few years after Chip, and when Chris graduatedand after a stint also at Boose, Casey, et al, Chrismoved to Stuart where he and Chip opened their ownlaw office in 1993. Chip focused on criminal law andfamily mediation and Chris focused primarily ongeneral civil litigation and real estate. They stayedtogether until Chip was appointed Circuit Judge inMay, 2005 and began serving at the old Okeechobeecourthouse. He has now moved into the newcourthouse but speaks fondly of the history and beautyof the older courthouse.

In 1997, Chip marriedhis sweetheart, Kristen andtogether they now have threechildren: Allison who is nine;Reed who is seven; and GraceAnn who is four. Kristen wasfinishing her degree at FloridaAtlantic University when they metand later worked at MartinMemorial Hospital. Now her daysare a little too filled to work outside the home, but she enjoysall the many activities her family is involved in. Chip stillloves to fish and is carrying on the Bauer tradition of boating,fishing, hunting, lobstering. The University of Florida hasbecome his new adopted school for sports and he is a bigfan.

In February, Chip is being transferred to the MartinCounty Courthouse where he will oversee all felony trials,25% of the civil cases and all of the probate cases. Workingin Stuart, where he lives, will make the commute much easier,but he says that he will miss the people and the charm ofOkeechobee. In some ways, it harkens back to ShelterIsland.

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THE WEEKEND -The Supreme Court May Never Be Quite The SameRichard Levenstein

On the evening of Saturday, October 20, 2007, JudgesRoby, Levin, Belanger and myself, together with our wivesand my daughter Lauren, all had the honor of attending theAmerican Inn of Court Foundation’s Celebration of ExcellenceDinner held in the Great Hall of the United States SupremeCourt in Washington, DC. As many of you reading this articleknow, I have had the good fortune of attending these dinnersfor the past five years, and have found them to be one of themost impressive and enjoyable events I have ever attended inmy professional life. In the past, I have been the only memberof the Justice Major B. Harding American Inn of Court here inStuart to have attended the dinner, and I was especially pleasedthat Judges Roby, Levin and Belanger and their wives alsowere able to make the trip to Washington, DC this year. Iwas fortunate enough to have the added pleasure of havingour daughter Lauren join us for the dinner, and to have theopportunity to spend some time with her, as she is presentlyliving and working in Washington, DC, and thoroughly enjoyingher life there.

By Friday evening our group had all arrived inWashington, DC and made it to the hotel, which was theHoliday Inn Capital Hill, and made plans to have breakfasttogether on Saturday morning and then take an extendedwalking tour of the National Mall and the monuments whichline the Mall from the Capital to the Lincoln Memorial. Saturdaywas a simply beautiful day, and after having breakfast at UnionStation, we set out on what was to be an all-afternoon walk,starting at Union Station, proceeding to the Capital, and thenwalking the length of the National Mall, stopping along theway at the Washington Memorial, World War II Memorial,Korean War Memorial, and Lincoln Memorial, beforecompleting the circle and making our way back to the hotel.The Monuments were spectacular; and the Mall was packedwith people taking in the sites of our National Capital and allthat it offers. The afternoon was wonderful and memorable.

The Celebration of Excellence Dinner was to begin at6:00 p.m., with cocktails in the Supreme Court conferencerooms, and entertainment was provided by an excellent stringquartet. We were able to meet many lawyers and judgesfrom around the United States, and the host for the eveningfrom the Court was Associate Justice Samuel Alito. We hadthe opportunity to have photographs taken in the Court’sconference room, and also ultimately were fortunate enoughto meet Justice Alito in person prior to having dinner.

After the cocktail hour had ended, everyone movedinto the Great Hall of the Supreme Court which is outside thecourtroom and which contains beautiful marble columns andsculptures of the Justices on marble pedestals throughoutthe Hall. Looking around the room, one could feel the historywhich has been made in that building, and the presence of

the individuals who have walked through the hall andinto the courtroom through out the history of ourSupreme Court.

The string quartet continued to play throughdinner. The incredible lawyers, judges and guests whowere seated at our table and throughout the Hall providedgreat conversation, and if all that was not enough, thefood was simply delicious.

At the conclusion of our meal, everyone madetheir way into the grand Courtroom of the United StatesSupreme Court, for the presentation of the awards givenby the American Inn of Court Foundation to honorlawyers and judges throughout the United States fortheir achievements in professionalism, contributionsto the profession and their community, and equalexcellence. The award ceremony was presided overby Judge Deanell Reece Tacha, the Chief Judge of theTenth Circuit United States Court of Appeals, who isthe president of the American Inn of Court Foundation.Judge Tacha introduced Judge Alito, our host, who madesome brief remarks, and made sure to advise all of usof the score of the baseball game between the BostonRed Sox and the Cleveland Indians, together with thescores of several college football games taking placeat that time. Justice Alito’s remarks were warm andwelcoming, and since he was an active member of theInns of Court while a lawyer and a judge, he was ableto not only appreciate the tradition of the Inns, butconvey his sentiments about the Inns in a very personalway.

The award recipients ranged from younglawyers to law professors to James J. Brosnahan, asenior trial lawyer from San Francisco who receivedthe equivalent of Life Time Achievement Award. It wasdifficult to determine who was more impressive, thepresenters of the awards or the recipients of thoseawards. The Court was filled with incredible individualsthat evening, including of course Justice Alito and otherjudges from throughout the United States Federal andState Courts who were present, including a number ofState Supreme Court judges and Chief Justices, aswell as William Suter, the Clerk of the United StatesSupreme Court, and Admiral Michael Mullen, the newlyappointed Chairman of the Joint Chiefs of Staff. Allwere accessible and approachable, and clearly enjoyedthe evening and the people in attendance.

The evening ended entirely too quickly, or soit seemed, however not so with the memories all of us


15


REQUEST FOR PHOTOS

We are looking to fill our Photo Gallery! If you have anyphotos taken at any MCBA past event or if you take them atfuture events, please forward via email to:[email protected].

ORDINANCE ADOPTIONS FROM THE

MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS

Please visit www.martin.fl.us then click on “Martin CountyCodes” for an updated list of approved ordinances.

All Martin County Attorneys areCordially Invited to Attend:

Inside the Appellate Court - AnAfternoon with the Judges

of the Fourth DCA

When: Thursday, December 6, 2007 (11:30 a.m. -5:30 p.m.)

Location: Boca Raton Marriott at Boca Center, 5150Town Center Circle

Presented By: Palm Beach County Bar Association

Cost: The cost of the seminar, lunch and reception is$130 if registered by 11/29/07; $155 after that date;No refunds after 11/30/07

Register: Go to www.palmbeachbar.org to registeronline and for more details

Sponsorships: Call Membership ServicesCoordinator at the Palm Beach County BarAssociation, Nancy Reidler (561-687-2800) forinformation.

This program offers attendees 5 CLE credits(including 1 Ethics credit)

THE SOCIAL COMMITTEEShaun Plymale and Erica J. Lester, Committee Co-Chairs

Please also mark your Calendars for our nextMartin County Bar Happy Hour. It will be held at Finz onThursday, December 6th at 5:30pm. We hope to seeeverybody there!

OFFICE ADMINISTRATOR/OFFICE

MANAGER’S MONTHLY MEETING

Meetings are held once a month at theoffices of Crary, Buchanan, et al. for lunchand an exchange of ideas. Please contactJim Menendez at 287-2600 for moreinformation.

INTERESTED IN ADVERTISING OR

SPONSORING A MCBA EVENT?

Call Michelle Katzman at772-288-6245 orvisit our website at

www.martincountybar.orgfor more information.

brought home from that excursion to Washington, DCfor the Celebration of Excellence Dinner. Upon ourreturn to the hotel, however, our wives retired to therooms, and Judges Roby, Levin, Belanger and myselfretired to the hotel bar to watch the Red Sox defeat theIndians in game 6 of the American LeagueChampionship Series before retiring for the evening.

What a special time with a special group ofpeople, and how wonderful it was to be able to share itwith members of our Bench who are also members ofour local Inn of Court. This is definitely an experiencethat as many of you as possible should take advantageof and participate. Even though I have attended thisevent five years in a row, I never feel bored, and plan oncontinuing to attend on an annual basis because of theuniqueness and beauty of the evening and the peoplewho are a part of it. I know I speak for all of us in ourgroup from Stuart who attended the dinner and spentthe weekend in Washington that it was an amazingexperience and one never to be forgotten. It is ourhope that those of you reading this article will also takeadvantage of that opportunity soon and share and enjoythat same magic which we were so fortunate to haveenjoyed, and look forward to enjoying again


MARTIN COUNTY BAR ASSOCIATIONPO BOX 2197STUART, FL 34995-2197

November Luncheon

When: Friday, November 16, 2007 at 11:45amWhere: Monarch Country Club

1801 SW Monarch Club Drive in Palm CityMenu*: Soup Du Jour, Sliced Breast of Turkey,

Pumpkin Cheesecake

Guest Speaker: Sheila Tuma, Florida Bar Council

RSVP:No later than Tuesday, November 13th

772-220-8018 or [email protected]

There is no charge for MCBA members; guests arewelcome to attend for $25 each (to be paid at the

luncheon). RSVP required.

*If you require a specialty meal, please notifyMichelle Katzman when you RSVP.

To keep costs down, we are only having mealsprepared for the # of MCBA members and guestswho RSVP. We would love to see you, but need

to know you are coming! Please RSVP.

Please check the MCBA websitewww.martincountybar.org

for updated information betweenissues of The SideBar.

MCBA WEBSITE IS NEW & IMPROVED

The MCBA is pleased to announce that the websiteis now being managed by Graphics and MediaSolutions.

Updates will be done bi-monthly.Contact Michelle Katzman at 772-220-8018 or

[email protected] to submitcontent or with any website questions.

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