Plan would expand the use of disciplinary diversion system Panel looks into how clients may access funds in a frozen trust account Senior EditorPlans to allow greater use of the Bar’s disciplinary diversion system and to give clients the right to petition for return of their funds in the frozen trust accounts of emergency suspended attorneys have been presented to the Bar Board of Governors.Disciplinary Procedure Chair Dennis Kainen offered suggested rule changes to accomplish those goals to the Board of Governors at its February 1 meeting. The board is scheduled to vote on the proposals at its April 19 meeting in Tampa. The diversion program change came from a recommendation from the Hawkins Commission, which last year completed a review of the Bar’s grievance system. Under the current Bar rules, the commission noted, a lawyer may not enter a diversion program more than once every seven years, Kainen said.However, the commission questioned whether seven years was an excessive period and noted the existence of several different types of diversion programs, such as ethics, trust accounting, and lawyer advertising. The commission recommended — and Kainen said the DPC agreed — that diversions should be allowed more frequently if the subsequent diversions were unrelated to earlier diversions. He also reported the committee recommended reducing a diversion limitation for a similar offense from once every seven years to once every five years.The committee proposed amending Rule 3-5.3 to read: “A respondent who has been the subject of a prior diversion is not eligible for diversion for the same type of rule violation for a period of five years after the earlier diversion. However, a respondent who has been the subject of a prior diversion and then is alleged to have violated a completely different type of rule at least one year after the initial diversion, will be eligible for a practice and professionalism enhancement [diversion] program.”Kainen reminded the board that the Supreme Court asked the Bar to find a procedure for allowing clients to access their funds that become frozen in trust accounts when lawyers are under emergency suspension.The committee is proposing amendments to Rule 3-5.2 to allow clients to petition the referee [appointed to handle the grievance case] for the release of trust funds. The referee will be assisted by Bar counsel and Bar auditors in assessing the state of the trust funds, and known owners of funds in the account will be notified by the Bar. The public will be advised of the opportunity to claim any funds in the frozen trust account by publication in a newspaper of general circulation in the city or county in which the suspended attorney practiced law.If the suspended lawyer has stolen money from the trust account, “The referee will determine the percentage of monies missing from the respondent’s trust account and the amounts owed to those petitioners requesting release of frozen trust account funds. A pro rata distribution is the method of distribution when there are insufficient funds in the account to pay all the claims in full.”When separate funds can be identified in a segregated trust account for a specific client and those funds are intact, they will be returned in full to the client when the client files a petition with the referee and shows “proof of entitlement to the funds.”The referee’s disbursement decisions can be appealed to the Supreme Court.Kainen also discussed the DPC’s work on a new Standing Board Policy to provide guidelines for staff as to when discipline is appropriate for conditional Bar admittees and lawyers who, as part of their discipline, have contracts with Florida Lawyers Assistance, Inc., and fail to strictly comply with their contracts for drug and alcohol testing, which was one of the Hawkins Commission’s recommendations.As part of this process, Kainen reported that FLA changed its monitoring and testing notification methods. Now, instead of requiring probationers and conditional admittees to call in or log in to a monitoring website each day, the affected lawyers are required only to monitor their emails and will only be deemed noncompliant with their contracts if they miss an actual testing date. Plan would expand the use of disciplinary diversion system April 1, 2013 Gary Blankenship Senior Editor Regular News
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Let’s just say they are stoked.Surfrider Foundation Eastern Long Island Chapter supporters gathered at Provisions in Sag Harbor Tuesday night for the launch of Strawless Summer — a campaign encouraging the rejection of plastic drinking straws in an effort to help the environment. Attendees snacked on vegan popcorn while watching a screening of the documentary, Straws, and then topped the night off with cocktails at Page. Share
By Ben DeatherageBANKS, Ore. – Over the span of a week’s time later in July, three tracks will host a total of six Wild West IMCA Xtreme Motor Sports Modified Speedweek races to determine bragging rights for the division in the Pacific Northwest. Beginning on Saturday, July 19 at Sunset Speedway Park and ending on Saturday, July 26 at Willamette Speedway, the six-race series will determine who are the best IMCA Modified chauffeurs in the region at three of the most competitive tracks in the state of Oregon. Cottage Grove Speedway will host two mid-week events on Tuesday and Wednesday, July 22 and 23.Since 2011 there have been three completed Modified Speedweeks. Jesse Williamson has won the last two while the inaugural edition went to Brian Poppa. Already a stout field of competitors plan to make the journey in 2014. Each race will pay $1,000 to win, a minimum of $100 to start and is a qualifying event for the 2015 Fast Shafts All-Star Invitational ballot. Payout will be done in cash each night after all the races are complete. The complete payout is:A-Main : 1. $1,000; 2. $600; 3. $450; 4. $350; 5. $300; 6. $250; 7. $200; 8. $175; 9. $150; 10. $140; 11. $130; 12. $130; 13. $125; 14. $125; 15-20. $100. B-Main : 1. Transfer; 2. Transfer ; 3. $100; 4. $75; 5. $70; 6. $65; 7. $60; all others $50.Entry fees are $80 per race and pit passes will be $30. IMCA points will be awarded each night.Drivers able to make every single race are eligible to receive a portion of the $3,000 point fund.Wild West Speedweek ScheduleSaturday, July 19 – Sunset Speedway Park, Banks, Ore.Sunday, July 20 – Sunset Speedway Park, Banks, Ore.Tuesday, July 22 – Cottage Grove Speedway, Cottage Grove, Ore.Wednesday, July 23 – Cottage Grove Speedway, Cottage Grove, Ore.Friday, July 25 – Willamette Speedway, Lebanon, Ore.Saturday, July 26 – Willamette Speedway, Lebanon, Ore. read more
Through the Hook a Kid on Golf program, youth aged 8-15 who have never played golf and don’t own clubs receive training and equipment for a week-long golf clinic in June. 24 participants are chosen by a lottery. Entry forms are pictured below and must be submitted by April 29 Cowan: “Came back this year as the head golf professional for 2016, actually working towards the future of purchasing the golf course in order to continue Birch Ridge Golf Course in Soldotna for years to come.” The Golf Course nearly became public property when the City of Soldotna considered purchasing the facilities either in part or outright. The City Council ultimately voted against the measure. Cowan says he’s excited for the transition and is looking to the next generation of golfers… The younger Cowan moved back to the Kenai Peninsula from Seattle with his wife and two boys this spring… Cowan: “The way the golf industry is currently, we still need the juniors, the future of the industry, to survive. Hook a Kid on Golf is a fantastic way to do that. Other programs such as First Tee as well, they’re nationwide ad they have to keep happening for the juniors to thrive.” FacebookTwitterEmailPrintFriendly分享Zac Cowan has announced he will continue the Cowan legacy at the Birch Ridge Golf Course. read more
(CMC) – ENGLAND’S head coach Mark Robinson has heaped praise on the curator and ground staff at the Darren Sammy Cricket Ground for their excellent work which resulted in Group A matches of the ICC Women’s World T20 being played at the ground despite heavy rainfall.Robinson went as far as to describe head curator Kent Crafton as a “legend and a hero” for his leadership in ensuring that matches were not abandoned.“This grounds man here is a hero. He has really looked after us here and made sure we had nets and facilities to work with. He must have been under so must stress with the amount of rain and water he had to deal with, but he has been so accommodating and highly professional and they have tried their very best.“That’s’ why you want this competition and this island to get some joy and be blessed with some sunshine on this back end,” Robinson said.England are currently second in Group A behind the West Indies and will face South Africa in an all-important clash on Friday.Their first game against Sri Lanka was abandoned due to heavy rainfall, but they rebounded to defeat Bangladesh in their second game.“The field is a lot better today, there are a few small wet areas but we are quite satisfied with what we see here. It’s a slow outfield but … everything looks good,” Robinson said.West Indies captain Stafanie Taylor also hailed the efforts of the ground staff.“Yeah, I think they did a fantastic job. Kent and I are really good friends and I know he’s really good at his job. We’ve been talking and he told me what he’s been doing – he’s been overworked to get everything going. So that’s fantastic on their part,” Taylor said. read more
UW leadoff hitter Jen Krueger is batting just .189 after leading the team in batting average last year.[/media-credit]After having two games rained out last weekend, the Wisconsin softball team heads to California again for this weekend’s San Diego Classic.Wisconsin (3-9) will face No. 22 ranked Fresno State (9-4) before taking on co-host San Diego (3-6) on Friday. The Badgers have another double-header Saturday, squaring off against Buffalo (3-4) and the other co-host, San Diego State (8-8). Sunday, UW closes the tournament against Cal Poly (3-5).In preparation for this tournament, the Badgers focused in practice on scoring more runs to support their pitchers, staying calm and consistent throughout entire games and closing games — all areas the team has struggled in this year.Senior pitcher Letty Olivarez has been throwing the ball well, but the offense hasn’t pulled its weight. Olivarez only has a 3-8 record despite a 2.72 ERA, while the offense has merely managed 30 runs in 12 games.“Letty’s having a great year,” head coach Chandelle Schulte said. “We need to help her out offensively and defensively, and she needs to help herself out in closing moments, so I think she feels good about the offensive production that will be there for her.”Leadoff hitter Jen Krueger, who led the Badgers in most offensive categories last season, is off to a rough start, hitting only .189 without an extra base hit, though she is 7-for-8 in stolen base attempts.Schulte is trying to correct this by setting a modest goal for the team of three runs a game; she says that will start with production from the top of the order.“Frankly, the top of our order has to get on, and they haven’t been getting on like we’re used to with Jen Krueger,” Schulte said. “That’s a run a game if you get your leadoff hitter on. I think [Krueger] scores 80 percent of the time when she gets on.“Jen’s a fantastic softball player, so it’s just getting her over this hump to do what she’s already proven she can do — that creates runs from the get-go. So we’ve worked a lot this week with her confidence.”One bright spot in the Badgers’ offense has been freshman first baseman and designated hitter Molly Spence, who’s hitting .355 with six walks, 5 RBIs, a home run and three stolen bases. She attributes her great start to merely swinging at the right pitches, staying calm and hitting for contact.“I’m just trying to see the ball and make sure I’m hitting the right pitch,” Spence said. “Putting the ball in play, trying to keep it simple at the plate, just make contact. I’m not trying to do anything special.”Olivarez said everyone needs to focus on calmness and playing simple because the team has a tendency to lose its calm.“The coaches have been saying be relaxed, try not to push the panic button, play as a team, because I feel like we get into that groove where we just start freaking out about things,” Olivarez said. “They’re saying just be mentally there, not even the whole time but for those few seconds that we’re fielding the ball or swinging.”Changing a mindset can take some time, though, Schulte said.“That’s a mentality we’ve been trying to change, but that’s hard,” Schulte said. “You have to have confidence to win and winning creates confidence, so it comes hand-in-hand.”Once they have that state of mind, Schulte said, the team will score more runs and have more confidence in winning close games and maintaining leads. Schulte also said the team has yet to play a great game offensively and defensively, but there have been flashes of good things.“They still see how good they can be,” Schulte said. “I think we all agree that you have to take your moments when you can win, and we’re not taking those moments. So I think if anything, they’re learning, and I’m seeing them make changes because they want to compete — so that’s what impressed me the most.”Spence believes the team is moving in that direction.“We have some moments of greatness, we’ve played awesome and we’ve been working as a team, and that’s been great,” Spence said. “It’s all about finishing the game, finishing each play and making sure that we’re closing those games when we have those leads.” read more
Angels’ poor pitching spoils an Albert Pujols milestone Still, other financial issues remain. The players requested a total of $100 million in advance of their second, abbreviated spring training. If the postseason were to be cancelled due to a second wave of the novel coronavirus, the players requested a total of $100 million in salary to be deferred with interest.Players also proposed allowing anyone to opt out of playing, given the risk of contracting Covid-19. Can a major league player with an underlying medical condition opt out and still receive his pro rata salary and service time? These details have yet to be finalized.Monday’s report offers hope that the two sides can move forward with the pro rata salary issue behind them. That had been a major sticking point among players who used their social media to comment on the league’s series of proposals.There is no hard deadline for the two sides to reach agreement. However, if the June 30 start date is a sticking point among the players’ union, any hypothetical spring training would need to begin soon.A 114-game season would pay players 70.4 percent of their 2020 salaries. A 50-game season would pay 30.9 percent. The smaller sample of games could produce wildly unexpected standings, batting averages, and winning percentages than fans are accustomed to. More than the sanctity of baseball statistics, the proposed reduction in player pay will determine how long of a season is acceptable. Angels’ Shohei Ohtani spending downtime working in outfield Related Articles How many games does a baseball team have to play to make the regular season “regular”?According to a report by ESPN Monday, the answer is somewhere in the neighborhood of 50 games, under terms being discussed by Major League Baseball in response to the latest offer from the MLB Players’ Association.In the players’ proposal, issued Sunday, teams would play 114 regular season games between June 30 and Oct. 31. Playing half the season they envisioned is just one detail of many for the players to consider, if and when a formal counterproposal is received.Chief among them is the issue of pay. The players’ association has insisted repeatedly that team owners already agreed to pro rata compensation – paying players their agreed-upon 2020 salaries in proportion to the length of the regular season – and that this point is no longer ground for collective bargaining. The owners’ latest proposal would provide pro rata compensation. Angels’ Mike Trout working on his defense, thanks to Twitter Jose Suarez’s rocky start sinks Angels in loss to Astros Angels offense breaks out to split doubleheader with Astros Newsroom GuidelinesNews TipsContact UsReport an Error read more