15TH CIRCUIT JUDICIAL NOMINATING COMMISSION NOTICE OF CERTIFICATION OF NOMINEES (JUDGE PAIGE KILBANE VACANCY)

The Fifteenth Circuit Judicial Nominating Commission (“JNC”) takes pleasure in certifying the following nominees to fill the vacancy for a Circuit Court Judge position created by the elevation of Judge Paige Kilbane:

  1. Alex Braunstein
  2. Santo DiGangi
  3. Reid Scott
  4. Danielle Sherriff
  5. Schnelle Tonge
  6. Lawonda Warren

If you have any questions, please contact Robert Harvey at (561) 303-2918, or by email at [email protected].

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION NOTICE OF CERTIFICATION OF NOMINEES (JUDGE JOHN PARNOFIELLO VACANCY)

The Fifteenth Circuit Judicial Nominating Commission (“JNC”) takes pleasure in certifying the following nominees to fill the vacancy for a County Court Judge position created by the elevation of Judge John Parnofiello:

  1. Alex Braunstein
  2. Lourdes Casanova
  3. Santo DiGangi
  4. Reid Scott
  5. Danielle Sherriff
  6. Lawonda Warren

If you have any questions, please contact Robert Harvey at (561) 303-2918, or by email at [email protected].

ADMINISTRATIVE ORDER NO.: 5.805-3/23* IN RE: TRUANCY PETITION

Section 1003.21 of the Florida Statutes states that children who have attained the age of 6 years or who will have attained the age of 6 years by February 1 of any school year or who are older than 6 years of age but who have not attained the age of 16 years, except as otherwise provided, are required to attend school regularly during the entire school term. Section 984.151 of the Florida Statutes sets forth the court procedure and penalties for the enforcement of the statutory provisions relating to compulsory school attendance.

NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of General Practice & Judicial Administration 2.215, it is ORDERED as follows:

1. The Clerk of the Circuit Court & Comptroller shall assign the truancy petitions to the Administrative Judge of the Juvenile Division.

2. The Clerk of the Circuit Court & Comptroller shall schedule the initial hearing within 30 days of the filing of a truancy petition. The Clerk of the Circuit Court & Comptroller shall issue a summons to the parent, guardian or legal custodian of the student directing that person to appear for the hearing at the time and place specified.

3. Truancy petitions shall be set on the Juvenile Division Administrative Judge’s Tuesday docket at 11:30am.
DONE AND SIGNED in Chambers, at West Palm Beach, Palm Beach County, Florida, this 16th day of March, 2023.

Glenn Kelley, Chief Judge

*Supersedes Administrative Order 5.805-4/19*

15TH CIRCUIT JUDICIAL NOMINATING COMMISSION NOTICE OF INTERVIEW SCHEDULE

The Fifteenth Circuit Judicial Nominating Commission (“JNC”) announces that the following persons will be interviewed on Friday, March 17, 2023, to fill one or more of the vacancies created by the elevations of Judge Paige Kilbane and Judge John Parnofiello, at the times indicated below:

9:00 a.m.               Ira Bergman
9:12 a.m.               Alex Braunstein
9:24 a.m.               Lourdes Casanova
9:36 a.m.               Santo DiGangi
9:48 a.m.               Gabriel Ermine
10:00 a.m.             Amy Morse
10:12 a.m.             M. Katherine Mullinax
10:24a.m.             Break
10:36 a.m.             Steven Phillips
10:48 a.m.             Robert Rubin
11:00 a.m.             Jeffrey Saidestat
11:12 a.m.             Gregory Schiller
11:24 a.m.             Reid Scott
11:36 a.m.             Danielle Sheriff 
11:48 a.m.             Sorraya Solages-Jones
12:00 p.m.             Lunch
1:00 p.m.               Schnelle Tonge
1:12 p.m.              Kevin Walsh
1:24 p.m.              Lawonda Warren
1:36 p.m.               Craig Williams
1:48 p.m.               Jean Marie Middleton
2:00 p.m.               JNC Deliberations

The above interviews will be conducted in person at the Library Conference Room, Judge Daniel T.K. Hurley Courthouse, 205 North Dixie Highway, West Palm Beach, Florida, 33401.

Each interview will be ten minutes long, including a two-minute opening statement. The interviews will be transcribed by Phipps Reporting pro bono.

All JNC proceedings are open to the public, except for deliberations.

If you have any questions, please contact Robert Harvey at (561) 303-2918, or by email at [email protected].

ADMINISTRATIVE ORDER NO. 11.110 –3/2023* IN RE: APPOINTMENT OF CIRCUIT JUDGES AS ACTING COUNTY JUDGES COUNTY JUDGES AS ACTING CIRCUIT JUDGES

It is necessary for the prompt dispatch of the business of the circuit and county courts, that circuit judges be temporarily assigned to duty in the county court and that county judges be temporarily assigned to duty in the circuit court.

NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is ORDERED as follows:

1. Each circuit judge of the Fifteenth Judicial Circuit of Florida is hereby assigned and designated to hear, conduct, try and determine county court cases that are brought before the judge as a temporary judge of the Palm Beach County Court, and thereafter to dispose of all matters considered by the judge, including emergency and duty judge matters for the next six months.

2. Further, each county court judge of Palm Beach County is hereby assigned and designated to hear, conduct, try and determine circuit court cases that are brought before the judge as a temporary judge of the Fifteenth Judicial Circuit Court, and thereafter to dispose of all matters considered by the judge, including emergency and duty judge matters for the next six months.

DONE and SIGNED in Chambers at West Palm Beach, Palm Beach County, Florida, this 2nd day of March, 2023.
___________________________
Glenn D. Kelley, Chief Judge

*supersedes Admin. Order No. 11.110 –9/2022

Civility Trumps Hostility in Settling Cases

Written by: Kenneth D. Stern 
Published: April 2023

There is a key to resolving cases that should be central to your efforts.   Often, we have a client, or opposing party,  who is so immersed in resentment and anger because of the dispute in which s/he is involved,  that s/he is incapable of addressing the situation which is the focus of the dispute.   Or we have an opposing counsel who postures, instead of discussing the issues.

The most common problem with such situations is that the person unable to focus on the situation to be resolved is  preoccupied with the emotional perception that s/he has been, or might be, outfoxed by the opposition.   Such a situation cries out for you to dip into your bag of interpersonal tactics and heed my favorite definition of all time:  “Diplomacy is the art of letting the other person have your way.”  This begins with explaining that the person’s own self interest is being disserved by not concentrating on what s/he really needs, which is getting the situation to yield what s/he wants.       

If the problematic person is your client, you must pierce the emotional cocoon that your client has woven, by sympathizing with his or her feelings,   then to point out that s/he shares a situation with the opposing party which has to be sensibly resolved.    Help your client to realize that the best way to make the harsh feelings and resentments disappear is to recall the last time your client and the opposing party were dealing with one another in a civil, cooperative way.

Do what you can to bring the client’s focus to that period, and get him or her to acknowledge that they once were able to deal with one another for their mutual benefit.   Then, urge your client to recall what occurred to create the dispute that now exists.  Although it is likely that your client will seek to blame the deterioration of their relationship on the opposing party, point out that the client’s self interest would best be served by resolving the matter, not by prolonging the dispute.

Help your client to identify what actions and concessions by both sides would defuse the anger and resolve the situation.  Urge the client to focus on what should be asked of the opposing side to help resolve the dispute. This will help you to formulate your comments to the other party during the joint opening session, after the mediator concludes his or her remarks and invites the attorneys to describe to the other side how they see the case,  and how they suggest a settlement could be reached. [1]  

If your opposing counsel is a reasonable person interested in settling the case to his client’s satisfaction, you might, prior to the  mediation date, suggest a resolution based upon fostering in both clients the perception you and your client have achieved during your discussions.

If the stubborn person is the opposing party,  your tactics would be shaped by the nature of that party’s attorney.   If the attorney is plagued by the client’s obstinacy and is having difficulty getting the client to address the situation objectively,  you might tell the attorney (regardless of whether it is true) that you had the same problem with your client,  and that you  used with your client the same approach you are suggesting he or she use with his or her client.

Finally, there is the situation where the problematic person is your opposing counsel.  Once in a while, the attorney on the other side is a “hot dog,” whose modus operandi consists of arm waving, posturing, and threatening.   If you can, convince opposing counsel that his/her client will be well-served, and will appreciate the attorney’s work, if a satisfactory solution can be created to allow both parties to put this situation behind them,  and to get on with their lives.  If that doesn’t motivate him or her to foster a settlement, appeal to the attorney’s self interest: stress that a happy client will return with more business, but if the case languishes for months, with attorneys’ fees mounting, the client will not likely return with more business or recommend him to others.

If your efforts do not produce a conciliatory attitude, call the mediator and explain that there’s a problem that you would appreciate his/her addressing at the mediation.   Explain who’s the problem and what you would like the mediator to do, either in his opening statement (if there will be one), or in caucus.  An experienced mediator can do wonders.  (See article, “Recruiting the Mediator as Your Ally,” in the ADR Corner column in the  PBCBA Bulletin of April 2017.)

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Since his retirement from the Circuit Court bench, Judge Stern has served as a Mediator in Circuit Civil, Family, appellate and federal cases.  He also serves as an Arbitrator (AAA approved), and as a Special Magistrate, helping to move cases toward resolution by hearing motions which have been languishing on crowded court dockets.   Judge Stern may be reached at [email protected] or 561-901-4968.

For additional ADR tips and resources, go to https://www.palmbeachbar.org/alternative-dispute-resolution-committee/.

[1]  When mediating a case, I strongly urge the attorneys to agree to such a joint session, wherein either attorney is urged to speak calmly and respectfully to the other party.  Such a joint session often helps to shorten the time needed for mediation, because it helps to identify the key issues that need to be addressed, and often defuses the anger the opposing parties so often feel toward one another.

ADMINISTRATIVE ORDER NO. 11.203 – 03/23* IN RE: APPOINTMENT OF MAGISTRATES

The Court has entered administrative orders establishing the office of magistrate in family law matters (Administrative Order 5.104), juvenile matters (administrative order 5.104) and mental health matters (Administrative Order 6.304).

NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of General Practice and Judicial Administration 2.215, it is ORDERED as follows:

The following are hereby appointed to serve as magistrates with all of the authority, responsibility and power conferred by the Florida Rules of Civil Procedure, Florida Family Law Rules of Procedure, Florida Rules of Juvenile Procedure, Florida Rules of Probate Procedure and Florida Statutes.

Peter Bassaline, Esq.
Judette Fanelli, Esq.
Diane M. Kirigin, Esq.
Jennifer Klee, Esq.
Ilana Marcus, Esq.
James Williams, Esq.
Maxine Williams, Esq.

DONE and SIGNED in Chambers at West Palm Beach, Palm Beach County, this 1st day of March, 2023. 

Glenn D. Kelley, Chief Judge

*supersedes admin. order 11.203-08/22