Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit
in and for Sarasota, Manatee, and DeSoto Counties, Florida

Administrative Order 2017–12.2

(Rescinds Administrative Order 2013–10.2)

Whereas, the Florida Supreme Court has held that “every lawyer who is a member of The Florida Bar has an obligation to represent the poor when called upon by the courts and that each lawyer has agreed to that commitment when admitted to the practice of law in this state,” In Re: Amendments to the Rules Regulating The Florida Bar, 573 So. 2d 800 (Fla. 1990); and

Whereas, the Supreme Court has approved a modification of recommendation number 24 of The Florida Bar/Florida Bar Foundation Joint Commission on Delivery of Legal Services to the Indigent in Florida which requires that each circuit develop a plan to provide pro bono legal services to the indigent population in that circuit, see In Re: Amendments to the Rules Regulating The Florida Bar, 598 So. 2d 41 (Fla. 1992); and

Whereas, Rule 4-6.5(c) of the Rules Regulating The Florida Bar requires the establishment of a circuit pro bono committee in each of the judicial circuits of Florida to be appointed and convened by the Chief Judge of each circuit court, or the Chief Judge’s designee; and

Whereas, Administrative Order 2013-10.2 previously established a Twelfth Circuit Pro Bono Committee; and

Whereas, Legal Aid of Manasota, Inc. (formerly known as Bar Association Legal Aid Society) was established as a joint effort by the Sarasota County Bar Association and the Manatee County Bar Association to operate pro bono programs within Sarasota and Manatee counties, has served the poor for over thirty years, and has the expertise to act as the administrative agency of the pro bono programs for Sarasota and Manatee counties;

Now therefore, it is ordered and adjudged that the following circuit pro bono committee is established:

Goal

1. Each member of The Florida Bar who practices in the Twelfth Judicial Circuit should perform pro bono service by providing free legal service to the poor through the circuit’s pro bono programs and the Circuit Pro Bono Plan, which shall be administered by Legal Aid of Manasota, Inc.
2. A lawyer’s obligation to provide pro bono legal services to the poor may be fulfilled by any of the methods set forth in the pro bono rules, and the Circuit Pro Bono Plan should include suggested pro bono service opportunities in the circuit.

Circuit Pro Bono Committee Members

3. There shall be established a pro bono committee of the Twelfth Judicial Circuit (“Circuit Pro Bono Committee”) which shall be comprised of the following persons:
   1. An active or senior circuit judge appointed by the Chief Judge of the Twelfth Judicial Circuit, who shall serve as the Chair of the Circuit Pro Bono Committee.
   2. The Executive Director of Legal Aid of Manasota, Inc. or his or her designee;
   3. One representative nominated by the Sarasota County Bar Association;
   4. One representative nominated by the Sarasota County Bar Association who is a member of the South County Division of the Sarasota County Bar Association.
   5. One representative nominated by the Manatee County Bar Association;
   6. One representative nominated by the DeSoto County Bar Association or, in the absence of an organized bar in DeSoto County, one member of The Florida Bar regularly practicing in the county appointed by the Chair.
   7. One representative nominated by and representing Florida Rural Legal Services, Inc.;
   8. One representative nominated by and representing Gulf Coast Legal Services;
   9. One public member appointed by the Chair.
   10. Additional members of the circuit bar associations or the public appointed by the Chair.
4. Each member of the Circuit Pro Bono Committee shall serve at the pleasure of the Chair and for an initial three year term. The term may be extended thereafter with consent of the member and the Chair. Governance and terms of service shall be determined by the Circuit Pro Bono Committee. Replacement members not representatives of a legal aid provider or bar association shall be appointed by the Chair.
5. The Pro Bono Committee shall serve pursuant to and in accordance with the applicable Rules Regulating The Florida Bar, as the same may be approved by the Florida Supreme Court, and shall, in conjunction with the designated administrative agencies:
   1. Evaluate and assess indigent legal needs within the Twelfth Judicial Circuit, establish goals and objectives to meet those needs, and provide for the implementation of the same through the preparation of a written Circuit Pro Bono Plan. The Circuit Pro Bono Plan shall be updated and sent to the Chief Judge, the Trial Court Administrator, and the Executive Directors of the county bar associations on or before July 1 each year;
   2. Coordinate, administer and implement the Circuit Pro Bono Plan and monitor its results, monitor and evaluate the activities of the administrative agencies, determine the available resources which may be committed to the Plan and the means by which the Circuit Pro Bono Committee seeks to meet the legal services needs within the circuit, and develop any policies and guidelines necessary to effectuate the same; and
   3. To the extent required by the Rules Regulating The Florida Bar, submit an annual report to The Florida Bar standing committee and to the Chief Judge regarding the status, activities and results of the operation of the Circuit Pro Bono Plan.
6. The Circuit Pro Bono Committee shall meet with such frequency as is necessary to carry out its duties and responsibilities as set forth herein and pursuant to the applicable Rules Regulating The Florida Bar. To effectuate such meetings, the trial court administrator of the Twelfth Judicial Circuit shall, in coordination with the respective administrative agencies, attempt to make available such facilities and resources as are necessary to effectuate the duties and responsibilities of the committee.

Duties of Official Legal Aid Providers

7. Legal Aid of Manasota, Inc. is the official legal aid provider as provided in Florida Statute §29.008(3)(a) for Sarasota and Manatee counties. Legal Aid of Manasota, Inc. is also designated as the administrative agency to implement and operate the Circuit Pro Bono Plan within Sarasota and Manatee Counties, and is designated to provide all necessary coordination and administrative support for the Pro Bono Committee. Florida Rural Legal Services is the official legal aid provider as provided in Florida Statute §29.008(3)(a) for DeSoto County and is designated as the administrative agency to implement the Circuit Pro Bono Plan within DeSoto County.
8. The administrative agency for each of the counties shall:
   1. Provide intake, screening and referral of prospective clients;
   2. Match cases with individual attorney expertise, including the establishment of specialized panels;
   3. To the extent feasible, provide staff support for pro bono attorneys and resources for litigation and out-of-pocket expenses for pro bono cases;
   4. Provide legal education and training for pro bono attorneys in areas relevant to poverty and issues facing the poor, including specialized areas of law useful in providing pro bono legal service;
   5. Recruit and provide for the availability of consultations with pro bono attorneys who have expertise in areas of law to volunteer lawyers providing pro bono legal services;
   6. Provide malpractice insurance for volunteer pro bono lawyers with respect to their pro bono legal service;
   7. Establish quality control procedures to ensure adequate monitoring and follow-up for assigned cases and to measure client satisfaction;
   8. Prepare a report by January 31st of each year listing each attorney who rendered pro bono service the prior year and the nature and extent of the attorney’s service. This report shall be provided to the Chief Judge and to the Circuit Pro Bono Committee;
   9. Provide for, coordinate and implement the recognition of pro bono legal service by lawyers;
   10. Submit to the Circuit Pro Bono Committee an annual report with recommendations to update the Plan; and
   11. Undertake other responsibilities as directed by the Circuit Pro Bono Committee to implement the Circuit Pro Bono Plan.
9. The Court encourages the cooperation among the administrative agencies and the local Bar Associations to effectuate the administrative agencies’ implementation and operation of the Circuit Pro Bono Plan and the provision of pro bono legal services by attorneys in the circuit. The Sarasota County Bar Association and Manatee County Bar Association, including the Officers, Boards of Directors, and Executive Directors and other staff of each, are encouraged to provide comprehensive support, as needed and to the fullest extent possible, to the designated administrative agencies, thereby prioritizing the support of the designated administrative agencies. The Bar Associations are encouraged to develop agreements with Legal Aid of Manasota that outline the level of support provided, and that may be revised and updated from time to time, as needed. In consideration of Legal Aid of Manasota’s duties in implementing and operating the Circuit Pro Bono Plan and to support the same, the Bar Associations are encouraged to discuss and consider support in the following areas, taking into consideration the feasibility of such support, including any associated costs:
   1. Facilitate the communication and publicity of Legal Aid of Manasota’s activities, duties and efforts, through the available official means of the Bar Associations, including the allocation of reasonable space to effectively communicate such activities, duties and efforts in its written publications at no cost or “at cost” where feasible and agreed upon (such as the Inter Alia and Docket newsletters), through its electronic communications and publications, in its social networking sites, and providing for the allocation of reasonable speaking and agenda time for representatives of Legal Aid of Manasota and the Circuit Pro Bono Committee to address the membership at Bar Association functions and meetings;
   2. Provide support and assistance through the membership, leadership and executive directors of the Bar Associations, in Legal Aid’s active recruitment of pro bono attorneys for service through Legal Aid of Manasota;
   3. Assist Legal Aid of Manasota with any available financial, volunteer and administrative support, as may be reasonably available, so that Legal Aid of Manasota can fulfill its obligation to operate and implement the Circuit Pro Bono Plan and provide legal services to the poor in the circuit;
   4. Promote and support the fundraising activities of Legal Aid of Manasota through its communication methods;
   5. Provide coordination and assistance to Legal Aid of Manasota at minimal costs, as available, so that Legal Aid of Manasota may provide legal education and training for attorneys in areas relevant to the provision of legal services to the poor;
   6. Consider staff attorneys for leadership positions in the local Bar Associations, its divisions and sections, as the same may assist the organizations in the coordination, cooperation and assistance to attorneys in the provision of legal services to the poor; and
   7. To consider, where feasible, reduction of bar dues and providing, where available, for “at cost” tickets to bar meetings, events, trainings and functions, for the Executive Director and the staff attorneys of Legal Aid of Manasota.
10. Administrative Order AO 2013-10.2 is hereby rescinded. This administrative order shall apply to the Twelfth Circuit Pro Bono Plan approved by the Chief Judge on October 27, 2015 and any subsequent amendments.

Done and ordered in Chambers, Sarasota, Florida, this 28^th day of July, 2017.

Charles E. Williams
Chief Judge