Help You Grow Your Practice,



Similar documents
BULLETIN. Leslie Smith

Good Moral Character and Criminal Issues in Naturalization

IMMIGRATION CONSEQUENCES OF CRIMINAL CONVICTION

PLEADING YOUR LICENSE AWAY

Criminal Justice System Commonly Used Terms & Definitions

Immigration Consequences of Criminal Conduct for the Appellate Attorney. CPCS Immigration Impact Unit 2012

Your Guide to Illinois Traffic Courts

The Circuit Court. Judges and Clerks. Jurisdiction

PROFESSIONAL SHAREHOLDER - DRESNICK, RODRIGUEZ & PERRY, P.A. (OF COUNSEL TO PREDECESSOR

Exhibit A Lee v. Ocwen Loan Servicing, LLC, Case No. 0:14-cv JAL United States District Court for the Southern District of Florida

).t.~ ra~ Ron Rosenberg Acting Chief, Administrative Appeals Office. U.S. Citizenship and Immigration Services. (b)(6) FILE: Office: CHICAGO

General District Courts

DIVORCE GUIDANCE IN HILLSBOROUGH COUNTY, FLORIDA Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813)

INFORMATION ON DIVORCE IN FLORIDA

Collateral Consequences of Conviction:

Common Criminal Grounds of Removal:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. THAO NGUYEN : CIVIL ACTION : v. : : No DONALD MONICA, et al.

SUPREME COURT OF PENNSYLVANIA DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE RECOMMENDATION 140

U. S. Citizenship and Immigration Services

Certain criminal convictions can cause

Small Claims Handbook A citizen s guide to handling small claims complaints in Kentucky

IMMIGRANTS & PLEAS IN PROBLEM-SOLVING COURTS: A GUIDE FOR NONCITIZEN DEFENDANTS & THEIR ADVOCATES

Compulsory Arbitration

How To Know If You Will Be Deported From The United States

JUDICIAL CIRCUIT, IN AND FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA

DIVORCE AND SEPARATION

CLERK OF CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS Civil Division Frequently Asked Questions (FAQ S)

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ PHONE (928) FAX (928)

Programs and Services That The Adam Walsh Act:

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

BEXAR COUNTY CRIMINAL DISTRICT COURTS PLAN STANDARDS AND PROCEDURES RELATED TO APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

Hamilton v. SunTrust Mortgage, Inc., et al., Case No CIV-JIC United States District Court for the Southern District of Florida

ELIZABETH M. HERNANDEZ

Elena B. Langan EXPERIENCE:

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $39 administrative fee: Total fee $274)

Courts & Our Legal System

APPLICATION FOR INDIGENT REPRESENTATION

EIGHTEEN ATTORNEYS FROM RICHMAN GREER, P.A. NAMED 2013 FLORIDA SUPER LAWYERS

Saccoccio v. JP Morgan Chase Bank, N.A., Case No. 13-cv FAM United States District Court for the Southern District of Florida

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

230 West Monroe Suite 240 Chicago, IL

Debra Liss Thomas has been an attorney in Chicago for more than 10 years. She is a dedicated member of the Illinois State Bar Association and has

Maryland, like several states in the Mid Atlantic, has a two tier judicial structure at the trial level.

Arizona Debt Collection Law

I m behind in my mortgage payments, what should I do?

Mary Kramer, Law Offices of Mary Kramer, Miami, FL

Immigration Consequences of Domestic Violence & Related Offenses. Presented by NACDL & the DEFENDING IMMIGRANTS PARTNERSHIP FEBRUARY 1, 2012

Iowa Unauthorized Practice of Law:

Huron County Juvenile Court

Quick Reference Chart for Determining. Immigration Consequences of Common New York Offenses (Updated Jan. 2016) Quick Reference Chart for Determining

DOMESTIC VIOLENCE IN FLORIDA

NOTICE TO GRANDPARENT

People v. J. Bryan Larson. 13PDJ031. October 18, 2013.

Elena B. Langan. Elena B. Langan. C.V. Page 1 of 5

Creditor Lawsuits Handbook

New Haven Lawyer Finder Questionnaire

Judicial Council of Virginia. Report to the General Assembly and Supreme Court of Virginia

Considerations When Representing Foreign Nationals in Criminal Proceedings

A federal court directed this notice. This is not a solicitation from a lawyer.

Aggravated Felony (AF) deportability, see Appendix G, 1 (for AF practice aids and sample caselaw determinations, see also

BRIAN F. SPECTOR, LLC

1. Applicable Statutes A. CODE OF ALABAMA TITLE 15. CRIMINAL PROCEDURE. CHAPTER 13. BAIL. ARTICLES 1-6.

Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program

GLOSSARY OF SELECTED LEGAL TERMS

Case 3:07-cv L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA CRIMINAL JUSTICE ACT PLAN

Introduction to Analyzing Immigration Consequences of Crimes PRESENTERS IMMIGRATION LAW AND THE IMPACT OF CRIMES

Attorneys convicted of crimes.

Appeal Bonds, Sureties, and Stays

SAMPLE BANKRUPTCY DISCHARGE FORM Page 1 of 2

INSTRUCTIONS FOR FILING YOUR MODIFICATION OF CHILD SUPPORT

DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH. AMENDED CRIMINAL JUSTICE ACT PLAN January

OVERVIEW OF IMMIGRATION LAW RELATING TO CRIMINAL OFFENSES

Case 1:12-cv JAL Document 18 Entered on FLSD Docket 11/05/2012 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Rule 82.1 Who May Appear as Counsel; Who May Appear Pro Se

Why Pro Bono? Ways to Help: How you can help NLSA today. Help Your Community. New Initiatives

DIVORCE, ALIMONY and PROPERTY DIVISION

FAMILY LAW FORMS, COMMENTARY, AND INSTRUCTIONS GENERAL INFORMATION FOR SELF-REPRESENTED LITIGANTS (09/13)

PACKET 9. Forms for a Petition for Temporary Custody When:

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

EDUCATION EMPLOYMENT. 1 P a g e

BULLETIN THE DADE COUNTY BAR ASSOCIATION. Programs and Services That. GAIN Experience & GIVE Back

Chapter 504. (Senate Bill 422) Criminal Procedure Office of the Public Defender Representation Criminal Defendants Citations and Appearances

MODEL CRIMINAL DEFENSE MENTORING PROGRAM Utah State Bar New Lawyer Training Program

A Federal Criminal Case Timeline

Section Council Scope Notes Revised September 2006

Quick Reference Chart for Determining. Immigration Consequences of Common New York Offenses

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA

Transcription:

The Dade County Bar In this issue: Discussion on Judicial Selection Page 2 Ethical and Professional Considerations in Appellate Proceedings Page 3 Attachment and Garnishment in Admiralty Matters Page 4 The Dischargeability of Debts to a Former Spouse Page 5 A Century of Service to Miami-Dade County Programs and Services That Patently Impossible Raises $20,000 Page 6 Help You Grow Your Practice, Immigration Consequences of Criminal Convictions in State Court Gain Experience & Page 7 Give Back Bulletin President s Message Leslie Smith For the times, they are a changin: What the future holds for the practice of law All of us would relish having a crystal ball to peer into the future and know what lies ahead. Since we don t actually live in the Wizarding World of Harry Potter, we typically have to satisfy ourselves with information gleaned from our own experiences and perceptions of how the practice of law is changing. Fortunately, to better predict the needs and demands of our clients, colleagues and the generations of attorneys who will follow us, Florida Bar President, Eugene Pettis has undertaken a bold initiative, the appointment of the Vision 2016 Commission. The Vision 2016 Commission has been tasked with examining four areas that impact how we will practice law in the future: Legal Education; Technology; Bar Admissions; and Delivery of Legal Services/Pro Bono. As its goal, this comprehensive study intends to lay a foundation to prepare today s lawyer for tomorrow s practice. Let s face it; we are all experiencing the dynamic environments forcing change in the law and in our own legal practice. Unless we understand the structural changes taking place in legal services industry, such as the changing law firm models, alternative and flat fee structures, the rise in online services and the growth of outsourcing, we risk being left behind in the race to actively participate in and take advantage of these changes. Without a willingness to gain familiarity with established and emerging legal technologies such as e-discovery, routinized compliance software, data aggregation and analysis, we are likely to find ourselves losing our competitive edge in the legal marketplace. Yet if we are ready to explore these new kinds of legal december 2013 services our clients are demanding such as legal process management, legal knowledge management and legal risk management, we can help ensure our continued success within the profession. In anticipating the future of law and acquiring the skills it will require of us, we can identify and develop future practice opportunities to sustain and enrich our careers, while also finding new ways to assist the less fortunate in our communities who continue to need our advice and counsel. All of these changes are sure to impact existing legal doctrine and potentially revolutionize the ways in which we educate and prepare the next generation of law students. Yes, the times are a changin in the legal profession, but we should embrace it and ready ourselves for what is to come. With that goal in mind, let s all do our part to ensure the success of the work of the Vision 2016 Commission. Please share your ideas, thoughts, suggestions and concerns with any of the Commission s Sub-Group Chairs listed below: Legal Education Sub-Group, Ramón A. Abadin, Chair, Miami: ramon.abadin@ sedgwicklaw.com Technology Sub-Group, Gregory William Coleman, Chair, West Palm Beach: gcoleman@bclclaw.com Bar Admissions, Lansing C. Scriven, Chair, Tampa: lscriven@trenam.com Delivery of Legal Services/Pro Bono, Adele I. Stone, Chair, Fort Lauderdale: adele.stone@fowlerwhite.com

DADE COUNTY BAR ASSOCIATION Board of Directors 2013-2014 Officers Mary Leslie Smith, President* Herman J. Russomanno, Iii, President-Elect* Jason M. Murray, Vice President* Jeffrey A. Rynor, Secretary* Jordan A. Dresnick, Treasurer* Matthew J. Ridgely, Executive Director Johnnie M. Ridgely, Executive Director (1965-2006) Group One Pedro M. Allende Kayla Riera-Gomez Eric P. Hockman Jonathan Kaskel Natalie Rico Caitlin M. Trowbridge General Membership Luncheon Discusses Judicial Selection The DCBA recently held an extremely successful General Membership Luncheon at the Hyatt. After registration, guests were seated, while Treasurer Jordan Dresnick made introductory remarks. President Leslie Smith presented the Sookie Williams Award to Richard Baron, Esq., of Baron, Breslin & Sarmiento P.A., for his tireless commitment to aiding members of the legal community facing substance abuse and alcohol recovery. Following the presentation, Melanie Damian moderated a panel discussion, featuring Hon. Robert Scola, Kendall Coffey, Vivian de la Cuevas, Paul Huck, Jr., Peter Prieto, Raquel Rodriguez, Mark Romance and Marva Wiley, on the subject of Judicial Selection from application to investiture, and how to become a member of the judicial nominating commission. Richard Baron was congratulated by Leslie Smith, DCBA President, as he received the award. Group Two Zascha Blanco Abbott Gilbert K. Squires Monica F. Rossbach Adam J. Shapiro Elizabeth Ferry Effie D. Silva Group Three Tiffani G. Lee Sabrina Puglisi Stephanie L. Carman Katie S. Phang Jeff P. Cynamon Eric A. Hernandez Vivian de la Cuevas Judge Lisa Walsh and Steven W. Davis, DCBA Past-President Group Four Lisa Berlowe-Lehner D. Andrew Byrne Steven E. Eisenberg Robert B. Boyers David Alschuler Gregory P. Sreenan Group Five Richard M. Leslie Flora E. Seff Antonio Martinez, Jr. Jerome J. Kavulich Glenn B. Kritzer Jacquelyn P. Needelman Timothy M. Ravich, Aba Delegate 2012-2014 Young Lawyers Section Board of Directors 2013-2014 Attorneys had the opportunity to accept a pro bono case with Dade Legal Aid s Put Something Back program. Marva Wiley and Mark Romance Officers Ethan Wall, President Geri Satin, President-Elect Joshua L. Wintle, Secretary Jacqueline C. Ledon, Treasurer 2012-2014 Directors Eric Bluestein Zachariah Evangelista Samir Ghia Stephanie Grosman Daniela Gordon Schuyler A. Smith Evian White Melanie Damian moderated the panel discussion. Also pictured, Hon. Robert Scola, Jr. The audience was engaged as the panel discussed pressing issues affecting process of judicial selection in Florida. 2013-2015 Directors Daryl A. Bloomberg Gregory d Incelli Jenna Fischman Berit Griffin Lacey Hofmeyer Mandy Mills Stuart J. Weissman Guests had the opportunity to mingle with one another during the registration period. The Bulletin Committee Jane Muir, Chair Mihai Vrasmasu, Vice-Chair 123 NW First Avenue #214 Miami, Florida 33128 305-371-2220 Ex Officio Sookie Williams Judge Darrin P. Gayles, Judge Israel Reyes, Vivian de la Cuevas, and Judge Victoria Brennan Ayana Harris, Hon. Rosa Rodriguez and Sowmya Bharathi Guests gave Richard Baron a standing ovation for his commendable services to the Miami-Dade legal community. 2 DCBA BULLETIN december 2013

Get Connected to the Young Lawyers Section on Social Media By: Ethan Wall Let s face it: the amount of e-mails we receive on a daily basis is overwhelming. On any given day, a young lawyer can receive dozens of e-mails inviting them to networking events, judicial receptions, or CLE programs from dozens of different organizations. Most of the time we have never heard of these organizations or how they got our e-mail address in the first place (we certainly did not willingly hand it over). As a result of this continuous onslaught of unwanted e-mails, it becomes a challenge to stay updated on programs that we are actually interested in attending such as those from our bar associations. To that I say Challenge Accepted! By getting connected to the young lawyers section on social media, you can learn about upcoming bar programs without sifting through an overflowing inbox. You can connect with the bar on your terms deciding when and how often to learn about upcoming events. You can also connect with fellow bar members and see which of your friends are attending our intuitive programs. Here s how you can get started: Get Connected to the DCBA Facebook Page Becoming a fan of the Dade County Bar s Facebook page is a quick and easy way to learn about upcoming programs, connect with bar members, and share your experiences. Simply visit facebook.com/ DadeCountyBar and select the like button to immediately begin receiving updates about our events. View and Upload Event Photos on the DCBA YLS Instagram Instagram is mobile application that provides a fast and fun way to share photographs with other bar members. You can download the Instagram application free on your iphone, Android, or any other mobile device. You can find the DCBA YLS on Instagram by searching for DCBA YLS and immediately begin viewing photographs from past bar programs. You may also upload photographs to the DCBA YLS Instagram account by tagging your photo @DCBAYLS or using the #DCBAgetconnected hash tag. If you have any questions about how to connect with the bar through these technologies, or if you still have no idea what the heck an Instagram is, do not hesitate to contact me at ewall@richmangreer. com (or just message me on facebook). So what are you waiting for? Shut down your Gmail and let s get connected! Ethan Wall practices social media, Internet, and intellectual property law at Richman Greer, P.A. in Miami and may be reached at ewall@richmangreer.com. Dade County Bar Third District Court of Appeal 31st Annual Fall Seminar and Reception The DCBA Appellate Court Committee hosted a seminar titled Ethical and Professional Considerations in Appellate Proceedings on October 18, 2013. The panel included Judge Leslie Rothenberg and Judge Ivan Fernandez, Third District Court of Appeal and law professors Jan Jacobowitz, Anthony Musto and moderated by professor Keith Rizzardi. Panel members discuss ethics Keith Rizzardi, professor at St. Thomas University School of Law presents a hypothetical question Grand Benefactors Carlton Fields, P.A. Cole, Scott & Kissane, P.A. Demahy Labrador Drake Victor & Cabeza Greenberg Traurig, P.A. Hightower, Stratton, Wilhelm Ross & Girten Benefactors Adams Adams Baca & McMillen A.J. Barranco, Jr. Astigarraga Davis Mullins & Grossman, P.A. Benedict P. Kuehne, P.A. Berk Merchant & Sims, PLC Clarke Silvergate, P.A. Diaz, Reus & Targ, LLP Falk, Waas, Hernandez, Cortina, Solomon & Bonner P. A. Grossman Roth, P.A. Hicks Porter Ebenfeld & Stein, P.A. Klein Glasser Park Lowe & Pelstring P.L. Kozyak, Tropin, Throckmorton, P.A. La Ley Con John H. Ruiz Lash & Goldberg LLP Mase Lara Eversole Philip D. Parrish, P.A. Podhurst Orseck, P.A. Rothman & Associates, P.A. Shutts & Bowen LLP Stanley M. Rosenblatt PA Timothy Carl Blake, P.A. Ver Ploeg & Lumpkin, P.A. Weiss Serota Helfman Pastoriza Cole & Boniske PL White & Case LLP www.dadecountybar.org 3

Attachment and Garnishment in Admiralty Matters in the Southern District of Florida By Michelle Otero Valdés In an matter involving admiralty subject-matter jurisdiction, federal Supplemental Admiralty Rule B(1) allows the attachment and garnishment of a defendant s property located within the judicial district, up to the amount sued for, if the defendant is not found within the district. In order to maintain the attachment, the plaintiff is required to follow strict procedural requirements outlined by the local rules in the Southern District of Florida ( SDFL ). This often utilized rule is convenient when the defendant cannot be found in the district, but his putative property (for example, a vessel, account receivable, funds in a bank account, cargo) can be so found. The usual concepts of due process of law and minimum contacts with the United States to support personal jurisdiction do not apply to attachment of a defendant s property under Rule B, as it is a quasi in rem attachment. Requirements The SDFL requires that the complaint filed with the Clerk of the Court be verified by either a party or corporate officer. If the party or corporate officer is located not within the District, verification of the complaint may be made by an agent, attorney-in-fact or attorney of Federal Supplemental Admiralty Rule B(1) allows the attachment and garnishment of a defendant s property located within the judicial district. record provided that this individual identifies the source of his or her knowledge of the underlying facts and declares that the documents are true to the best of their knowledge. Locating the Defendant Next, the plaintiff must show that the defendant cannot be found within the District by filing an affidavit so stating and identifying with particularity the facts, which have led the affiant to make this claim. In the SDFL, a defendant is considered not found in the District if the defendant cannot be served within the SDFL with the summons and complaint as provided by Federal Rule of Civil Procedure 4(d)(1), (2), (3), or (6). In addition, a process of maritime attachment and garnishment ( PMAG ) will only be issued after one of the following conditions has been met: (1) there has been judicial review of the complaint; (2) the plaintiff has certified that exigent circumstances exists making judicial review impracticable; (3) the plaintiff has prepared the summons and PMAG and delivered the documents to the Clerk of the Court for filing and issuance; or (4) the U.S. Marshal s service has filed a return of service indicating that service was perfected upon a garnishee Interested Parties After any property has been attached pursuant to Supplemental Rule B, any person claiming an interest in the property seized must file an answer and claim against the property with the Clerk of the Court. The claimant may then be heard before a judicial officer not less than seven (7) days after the answer and claim has been filed and service has been perfected upon the plaintiff pursuant to Supplemental Admiralty Rule E(4)(f). At the Supplemental Rule E(4)(f) hearing, the plaintiff bears the burden of proving that there were reasonable grounds or probable cause for issuance of the writ of garnishment. A warning if, after a hearing, the court vacates the attachment, the judicial officer may award attorney s fees, costs and other expenses incurred by any party as a result of the seizure. If you have a case involving a claim within admiralty and maritime jurisdiction, the remedy of maritime attachment is a powerful tool. Michelle Otero Valdes is an attorney, board certified in Admiralty & Maritime Law since 2007. She practices with the firm of Chalos & Co., P.C. and may be reached at mov@chaloslaw.com. Criminal Courts Committee Hosts Mixer at Tobacco Road The DCBA Criminal Courts Committee recently hosted a mixer at Tobacco Road. Members of the committee, judges and attorneys were able to enjoy complimentary appetizers and drink specials throughout the evening. Eduardo Pereira and Judge Rodney Smith Jude M. Faccidomo, Francis A. Faccidomo and David Alschuler Judge Yvonne Colodny, Karen Ruiz and Judge Monica Gordo William Aaron, DCBA Past President, Marlene Schwartz and Warren Schwartz 4 DCBA BULLETIN december 2013

The Dischargeability of Debts to a Former Spouse By Dorota Trzeciecka Obligations to a former spouse that are not dischargeable in Chapter 7, may be dischargeable in Chapter 13. As lawyers, we have an obligation to maintain basic knowledge of areas of law outside of our own practice where our representation may potentially impact our clients future. For family law attorneys, one such area of practice should be bankruptcy. Why bankruptcy? Because a potential bankruptcy filing by a former spouse of a client may wipe out your client s entire portion of equitable distribution. Knowing the basic rules of dischargeability of debts in bankruptcy, will help you structure settlement agreements to protect your client and to prevent that from happening. Here are some bankruptcy basics about dischargeability of debts to a former spouse. 1. Alimony and child support are not dischargeable in either Chapter 7 or Chapter13. 11 U.S.C. 523 (5). 2. Obligations to a former spouse, other than alimony or child support, that are incurred by the debtor in the course of divorce or separation are not dischargeable in Chapter 7. These obligations may include property settlement, obligation to pay health or life insurance premiums, undertaking sole responsibility to pay joint marital debts, or an obligation to maintain mortgage payments for the benefit of the other former spouse. 11 U.S.C. 523 (15). 3. the same rule applies to money judgments relating to alimony and child support or those other obligations enumerated in paragraph 2 - they are not dischargeable in Chapter 7. For example, if the former spouse did not comply with the terms of equitable distribution in the divorce settlement agreement, the other former spouse may obtain money judgment against him or her. Even though money judgments are almost always dischargeable in bankruptcy, money judgments relating to property settlements and the other obligations are not dischargeable in Chapter 7. 4. the same obligations to a former spouse, other than alimony and child support, that are not dischargeable in Chapter 7, may be dischargeable in Chapters 13, depending on the circumstances and the nature of the debt. If the obligation is in the nature Richard Baron was present the 2013 Sookie Williams Award recognizing his exemplary service to the Miami-Dade legal community of alimony, maintenance, and support, it is generally not dischargeable. If the obligation is in the nature of property settlement, the obligation may be dischargeable. One thing that is worth mentioning here is that, a bankruptcy court cannot rely solely on the label used by the parties [in the Final Judgment of Dissolution or in the parties Settlement Agreement]. Rather, a court must look beyond the label the parties have given to a Knowing the basic rules of dischargeability of debts in bankruptcy, will help you structure settlement agreements to protect your client. particular debt and determine whether the debt is actually in the nature of alimony, maintenance, or support. Thus, a debt is a domestic support obligation if the parties intended it to function as alimony, maintenance, or support, even if the parties called or labeled it something else. The proper inquiry is whether the payment obligation derived from a duty to provide for the well-being of the spouse, former spouse or child. (Mortgage Payments as Domestic Support Obligation, by Steven Fender, Bankruptcy Bar Law Journal, Vol. One 2012, citing Cummings v. Cummings, 244 F.3d 1263 (11th Cir. 2001). 5. Tthere s a narrow exception to dischargeability of property settlement. If the court awards cash payment for the purpose of equitable distribution of martial assets to be paid as lump sum cash or installment payments, such property settlement is not dischargeable in either Chapter 7 or Chapter 13, and such an award vests upon the entry of judgment. And, unlike alimony, the award does not terminate upon remarriage or death of either spouse. At least one South Florida Bankruptcy Court (in an unpublished opinion in In re Rieger), interpreting section 61.075(2) Florida Statutes, ruled that ex-spouse s equitable distribution, which vested before filing of the bankruptcy petition, had to be included in, and paid in full through, Chapter 13 plan. Because bankruptcy courts decide the issue of dischargeability of marital obligations on case by case basis, it s important for family lawyers to include these rules as a drafting tool when preparing marital settlement agreements for their clients. Dorota Trzeciecka is a solo practitioner in Miami Beach, with practice in consumer bankruptcy, mortgage foreclosure modifications and mediation, and alternative disputes resolutions. Email address: dorota@debtor-creditorlaw.com. Richard Baron and Sookie Williams Katie and Steven Nullman, Nicole Baron, Nikki Baron and Richard Baron www.dadecountybar.org 5

Patently Impossible Raises $20,000.00 On November 7, The Intellectual Property Committee hosted The Fourth Annual Patently Impossible Project. This Patently Impossible Project gets bigger and better every year! said Jaime Vining, Esq., Chair of the IP Committee. The outpouring of support from the entire community for Legal Aid is so inspiring and that s why I love putting this event together. Thank you to Jaime and the IP Committee for making it happen, said Sharon Langer. Team St. Thomas (2nd Place), Judge Paul Huck, Ken Oh, Jaime Vining, Ethan Wall, YLS President, John Eagan (1st Place) and Team UM (3rd Place) Robert Weaver and Javier Sobrado (Feldman Gale team) Jody Schulman and Sharon Langer FIU law students perfecting their patent. Judge Paul Huck, Jaime Vining and David Friedland Leslie Smith, DCBA President and Jim Stepan representing Team DCBA US Legal Support enjoying the vibe at the patently impossible project. Competition spectators wait in anticipation to see who will be this year s winner. Ethan Wall, YLS President does an outstanding job emceeing the event as guests get ready to cheer on their choice to win On your mark, get set, go! Bill Brown and Ted Traynor and Ryan Brown trying to get the engine on Team Akerman s car to fire up, which it eventually did for only a split second. The only other team who successfully fired up the engine turned out to be the over-all winner. On your mark, get set, go with competitors Edmar Amaya and Jim Stepan Judge Paul Huck referees the event with other local dignitaries Bill Brown and Ryan Brown from Team Akerman depicting their status as the first team to have assembled their car and moved over to the racing surface. Edmar Amaya and David Salmon and Javier Sobrado and other participants await the competition to begin. 6 DCBA BULLETIN december 2013

Membership Committee Hosts Mixer at Hoxton The DCBA Membership Committee recently hosted a mixer at The Hoxton. A pair of Miami Marlins tickets were provided to the member who recruited the most new members. Flora Seff, Director and David CarnrightUS Legal Support Rachel Paul, Kristen Corpion and Lacey Hoffmeyer, YLS Director Immigration Consequences of Criminal Convictions in State Court By Patricia Elizee Non-US citizens, including lawful permanent residents, visa holders, and undocumented immigrants, in criminal proceedings need to be aware of subsequent immigration consequences. Depending on the final criminal conviction, the immigrant may be barred from ever naturalizing, or may be at risk of being sent to removal proceedings. When does a Conviction Arise? For immigration purposes, a conviction arises from a formal judgment of guilt entered by the court. It also includes circumstances where an adjudication of guilt is withheld, there has been a finding of guilt or the immigrant entered a plea of nolo contendere, and the judge has ordered some form of punishment, penalty, or restraint on liberty. Please also note that an immigration officer can find that an immigrant has been convicted of a crime where they have admitted sufficient facts to warrant a finding of guilt. It is important that the individual and their criminal defense attorney understand the possible immigration consequences of pleading to certain crime. A simple plea may result in a bar to naturalization and may lead to a finding that they are inadmissible, or deportable. The best practice is before pleading to a criminal charge, to contact an immigration attorney to determine whether pleading to a lesser charge may result in better immigration outcomes. Eligibility for Naturalization To be eligible for Naturalization an applicant must show that they have good moral character during the statutorily prescribed period. Good moral character is considered character that measures up to the standards of average citizens of the community in which the applicant resides. A criminal conviction may prevent an applicant from meeting this requirement. An applicant for citizenship, based on a marriage to a US citizen, must show that they have good moral character for 3 years prior to submitted their application. All other applicants must show that they have good moral character for 5 years. These prescribed periods includes the time between filing the application and taking the oath of allegiance. Acts beyond these statutory periods can be considered only if the conduct during the statutory period does not indicate reform from the earlier period or if the conduct outside of the statutory period appears to be relevant to the applicant s present moral character. Convictions that Bar Naturalization The Immigration and Naturalization Act lists a series of convictions that are automatic and permanent bars to naturalization. These convictions include but are not limited to rape, sexual abuse of a minor, crimes of violence, theft Jeffrey R. Lam, Rumberger Kirk & Caldwell and Dan Kulynch,US Legal Support offenses, prostitution, document fraud, forgery, and aggravated felonies. Other crimes are considered conditional bars to naturalization, meaning that the applicant was convicted of these crimes within the statutorily prescribed period. These convictions include but are not limited to controlled substance violations, false testimony under oath, polygamy, gambling offenses, or habitual drunkard. Where an applicant is convicted of a crime that does not amount to a permanent or Depending on the final criminal conviction, the immigrant may be barred from ever naturalizing, or may be at risk of being sent to removal proceedings. conditional bar to naturalization, an immigration officer is able to take that conviction into account under their discretionary power. Removal Proceedings A non-citizen can be referred to removal proceedings if they are found to be inadmissible or removal based on their criminal convictions. Lawful Permanent Residents and other visa holders are often stopped during their entry into the US. During their immigration inspection, an officer reviews their file and is able to issue a Notice to Appear in front of an Immigration Judge to face removal proceedings, based on their criminal convictions. Non-citizens that are arrested will Herman J. Russomanno, III, DCBA President-Elect and Anika Bembanaste, US Legal Support also have their convictions reviewed by an immigration officer that has the discretion to initiate a removal proceeding. Where a state court conviction amounts to an aggravated felony or a crime involving moral turpitude, the immigrant will be at risk of deportation. Aggravated Felonies A conviction of an aggravated felony includes conviction of the crime itself, conviction of attempt to commit the crime, or conviction of conspiracy to commit the crime. Some offenses require an order of imprisonment of at least one year to constitute an aggravated felony for immigration purposes. A crime involving moral turpitude is one that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between persons, either to individuals or society in general. Fraud, theft offenses, robbery, rape, child abuse, spousal abuse, incest, and aggravated assaults are a few examples of crimes involving moral turpitude. A plea, an order, or withholding of adjudication in state court can have a great impact on a non-citizen s immigration status. A simple criminal case can lead to an immigrant having their naturalization application being denied or resulting in a referral to removal proceedings. Having an understanding of the immigration consequences before finalizing a strategy on how to handle a criminal issue is crucial. Patricia Elizee is Partner at Elizee Hernandez Law Firm, P.A. located in Miami, Florida and practices in the area of Family and Immigration law. She can be reached at 305-371-8846, 1110 Brickell Avenue, Suite 315, Miami, Florida 33131, Patricia@ elizeehernandez.com. www.dadecountybar.org 7

DCBA Opportunities Dade County Bar 123 N.W. First Avenue Miami, Florida 33128 PRSRT STD U.S.POSTAGE PAID SOUTH FLORIDA, FL PERMIT NO. 1110 4500 Members Opportunities to Get Involved 33 Committees Opportunities to Serve the Profession 100 CLE Programs Opportunities to Increase Your Knowledge More Than 250 Events a Year Opportunities to Increase Your Referral Network Mark your Calendar December 3 December 6 December 13 January 15 Professionalism Committee ABA Forum on Franchise and Criminal Courts Committee Florida Registered Paralegal Meeting DCBA CLE Seminar Seminar Location: Greenberg Traurig Location: Miami Dade Swat Time: 8:45 am Training Facility Time: 12:00 noon December 3 December 10 DCBA Civil Litigation Committee Time: 1:00 pm December 18 Time: 5:30 pm January 16 YLS Board Meeting Meeting Florida Registered Paralegal Appellate Court Committee Seminar Breakfast Location: TBA Time: 6:00 pm Time: 5:00 pm Time: 8:00 am December 4 Family Court Committee Meeting December 11 DCBA Board Meeting Time: 5:30 pm January 7 January 16 Criminal Courts Committee YLS Board Meeting Meeting Time: 12:30 pm Time: 4:00 pm December 4 Solo/Small Firm Social Mixer December 12 Probate & Guardianship Time: 6:00 pm January 8 Time: 5:30 pm January 17 Location: Taverna Opa Brickell Committee Seminar DCBA Board Meeting Law & Technology & Solo/Small Time: 6:00 pm Location: Lawson Thomas Firm Committee Seminar December 4 Courthouse Time: 12:00 noon Time: 4:00 pm Legal Line Time: 6:30 pm Members: $10 Non-Members $20 December 13 January 9 Family Law Committee Meeting Time: 12:00 noon January 24 YLS Symposium December 5 December General Membership Luncheon Time: 12:30 pm Location: TBA Time: All Day Event Family Court Committee Fall Program What Florida s Law School Deans Want us to Know About the Next January 15 January 30 Location: Lawson E. Thomas Generation of Lawyers. Legal Aid Put Something Back Sharon Langer s Retirement Courthouse Location: The Bankers Club Probate & Guardianship Seminar Celebration Luncheon Time: 8:30 am Time: 11:30 am Location: Lawson Thomas Location: TBA Member Admission: $45 Member Admission: $49 Courthouse Time: 11:30 am Non-Member Admission: $55 Non-Member Admission: $59 Time: 8:30 am For more information visit www.dadecountybar.org 8 DCBA BULLETIN december 2013