Whose call is it?

first_img Whose call is it? Whose call is it? February 15, 2004 Regular Newscenter_img In determining the difference between whether a proposed law or rule is substantive (and under the jurisdiction of the legislature) or procedural (and under Supreme Court control), court officials say the benchmark is Allen v. Butterworth, 756 So.2d 52 (Fla. 2000).In that opinion, former Chief Justice Major B. Harding, writing for the court, said, “Article V, Section 2(a) states that the Florida Supreme Court has exclusive authority to ‘adopt rules for the practice and procedure in all courts, including the time for seeking appellate review.’ The Legislature has the authority to repeal judicial rules by a two-thirds vote, but the authority to initiate rules rests with the Court. See Johnson v. State, 336 So. 2d 93, 95 (Fla. 1976); art. V § 2(a), Fla. Const.“Generally, the legislature has the power to enact substantive law, while the Court has the power to enact procedural law. See Johnson. In In re Rules of Criminal Procedure [272 So. 2d at 66], Justice Adkins provided the following definition for substantive law and procedural law:“Practice and procedure encompass the course, form, manner, means, method, mode, order, process or steps by which a party enforces substantive rights or obtains redress for their invasion. ‘Practice and procedure’ may be described as the machinery of the judicial process as opposed to the product thereof.“Examination of many authorities leads me to conclude that substantive law includes those rules and principles which fix and declare the primary rights of individuals as respects their persons and their property. As to the term ‘procedure,’ I conceive it to include the administration of the remedies available in cases of invasion of primary rights of individuals. The term ‘rules of practice and procedure’ includes all rules governing the parties, their counsel and the Court throughout the progress of the case from the time of its initiation until final judgment and its execution.”Harding went on to write that the act was largely unconstitutional because “most of its provisions attempt to prescribe the ‘course, form, manner, means, method, mode, order, process or steps’ by which a capital inmate’s habeas corpus rights are asserted in Florida Courts. . . . The introductions to section 8 and 9 actually concede this point: ‘This section shall regulate the procedures in actions for capital postconviction relief commencing after the effective date of this act unless and until such procedures are revised by rule or rules adopted by the Florida Supreme Court which specifically reference this section.’”last_img read more

Privacy versus open records

first_img Privacy versus open records s Jan Pudlow Associate Editor A constitutional balancing act is being juggled by the Supreme Court’s Committee on Privacy and Court Records—and the group wants to hear from you.In the Florida Constitution, there is both a provision for privacy and for open records.And it is Jon Mills’ job—as chair of this diverse group of lawyers, judges, court clerks, court administrators, and representatives of the First Amendment Foundation—to help find the middle ground when it comes to court records in this rapidly changing electronic age.“First of all, transparency and openness of the court process is fundamental to our American justice system,” said Mills, director of the Center for Government Responsibility and dean emeritus and professor of law at the University of Florida Levin College of Law.“What we are dealing with is how information that is made part of court records and part of litigation and other issues not regarding litigation, how that information is made available to the public.”Vast amounts of information about individuals—everything from Social Security numbers misused for identity theft to personal financial records in divorce cases ferreted out by investment scammers to details about minor children a pedophile could seize—could be gleaned from Web sites and downloaded on home computers.“What used to be something buried in a file in practical obscurity can now be available on the Internet to anyone,” Mills said. “So there is a real and logical concern about the presence of information that would invade privacy.”On the other hand, Florida has a long proud history of Government in the Sunshine and its open records law, and public records are essential to the fair administration of justice.If the information is available in a court case by personally sifting through the paper file at the courthouse, should it not be equally available on-line?Good question, says Mills.“Someone used as an example that there are cameras in the courtroom and there is sitting in the courtroom. You don’t have the right to sit in the courtroom, because there are limits to how many people it can hold. So there is a self-limited access in giving information a certain way,” he said.“Are you entitled to get all the information the way you want it? Or are you only entitled to the information?”He adds: “I supposed in a high-profile case, it may not make any difference.”And here’s another good question from Mills: “Are these abuses imaginary?”After all, the barn door was closed before the horse got out. A court order from then-Chief Justice Harry Lee Anstead in November 2003 set interim limits on what information may be electronically posted, and he directed that bulk, electronic distribution of court records cease temporarily. The same order created the committee Mills chairs, and the challenge is to develop a uniform statewide policy for the electronic distribution of court records.“The issues before the committee are profound, and the recommendations the committee will make may have significant long-term implications for the interaction of Florida’s courts with litigants, lawyers, and the public,” Mills wrote in a letter to all chief judges in the state.“The electronic age has brought us many changes, and while these changes are generally positive, few would disagree that substantial challenges have emerged. Foremost among these challenges is protection of personal privacy. Florida courts collect a great deal of information about citizens, and the general openness of court records makes it possible for much of that information to move into the public domain. Emerging information management technologies allow personal information to be gathered, aggregated, analyzed, stored, and transmitted to an extent unimagined only a few years ago.”Mills says it is critical to hear from people who use the courts, because the issue is controversial and complex, and the committee’s deadline is to report to the Supreme Court by July 1, 2005.“We want to hear what people think, since a lot of this hasn’t happened yet. We hear questions like: ‘Well, has there ever been a problem with this? What do lawyers feel about that information? Are they concerned and want access to information on the Internet?’”Mills invites you to e-mail him at mills@law.ufl.eduThere is also an opportunity for public comment at the committee’s meeting on November 17, at 10 a.m., in the Rotunda of the Florida State University College of Law, 425 West Jefferson Street, Tallahassee. The meeting will continue November 18 at 9 a.m. in the Judicial Meeting Room of the Florida Supreme Court, 500 South Duval Street, Tallahassee.For a full discussion of the issues, the 2001 report of the Florida Judicial Management Council is available on the Supreme Court Web site at www.flcourts.org . November 1, 2004 Associate Editor Regular News Privacy versus open records Panel seeks middle ground for online court recordlast_img read more

Hurricane Matthew: Credit unions close branches

first_img 7SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr Because the deadly Hurricane Matthew is expected to hammer Florida, Georgia and the Carolinas over the next few days, nearly 40 credit unions in these states have publicly announced branch closings for Thursday and Friday and Saturday.Florida Governor Rick Scott signed an executive order declaring a state of emergency for every county in the state as the eye of the hurricane was just less than 200 miles from Florida’s coast on Thursday morning. When the storm system reaches the state late Thursday night or early Friday morning, it is expected to gain strength as a Category 4 hurricane, according to national media reports.Georgia Governor Nathan Deal declared a state of emergency for 30 counties and order mandatory evacuation for six coastal counties Thursday. South Carolina Governor Nikki Haley Wednesday ordered an evacuation of coastal areas in and around Charleston and Beaufort. North Carolina Governor Pat McCrory has not declared a state or emergency or ordered evacuations as of Thursday afternoon though state officials are monitoring the storm’s track. continue reading »last_img read more

New York blasts Amazon for firing employee during COVID-19 emergency

first_imgAmazon didn’t immediately comment on the letter. The unions also called for independent monitors to investigate whether Amazon facilities adhered to guidelines from the US Centers for Disease Control and Prevention for social distancing during the pandemic.As coronavirus cases pop up in Amazon’s 800,000-strong workforce, some employees in warehouses across the country have expressed concerns about the company’s commitment to their safety. Workers at sites in Chicago and near Detroit walked off the job after the Staten Island protest.Amazon has said it ramped up cleaning in its facilities and is sending home, with pay, people diagnosed with Covid-19 and those who they came into close contact with. It has also temporarily boosted wages and overtime payments, and said employees can take unpaid time off without penalty through the end of April.The firing of Smalls had already drawn responses from other New York officials. On Monday, New York State Attorney General Letitia James said her office is “considering all legal options” in response to the termination, which she called “immoral and inhumane,” and is urging the National Labor Relations Board to investigate. On Tuesday, New York Mayor Bill de Blasio said he had ordered the city’s Commission on Human Rights to “investigate Amazon immediately” to determine if Smalls was retaliated against.The AFL-CIO is the main US labor federation, with 55 unions that together represent 12.5 million people. The letter is also signed by presidents of five of the largest US unions, including the Teamsters and the Service Employees International Union.Those two unions, which aren’t part of the AFL-CIO, together represent about 3 million more workers. The document is a sign of union leaders’ increasing focus on Amazon as a key target and reflects greater cooperation within the labor movement as they take on the behemoth firm.Amazon and labor groups have a frosty relationship. The retailer has managed to avoid organized labor in its ranks in the US, even as it grew into the country’s second-largest private employer in the US. A similar group of unions in February asked the Federal Trade Commission to investigate Amazon’s market power. Amazon.com’s firing of a walkout organizer has spurred criticism and calls for reinstatement by the largest labor groups in the US. Labor leaders and dozens of New York state and city elected officials urged Amazon to reinstate Chris Smalls, the leader of a walkout Monday over health and safety conditions at the company’s Staten Island, New York warehouse.Smalls was fired after the protest, in which workers asked Amazon to close the facility for cleaning after cases of Covid-19 were confirmed within its ranks. Amazon said Smalls was dismissed for violating a company-ordered quarantine after coming into contact with someone infected with the disease. Smalls said he was fired for his activism.“We write to you today shocked at reports that Amazon warehouses are not practicing the protocols necessary to protect the well-being of your workers and of the public,” said the letter, addressed to Amazon Chief Executive Officer Jeff Bezos and other executives, and signed by the leaders of the AFL-CIO, United Food & Commercial Workers International Union and the American Federation of State, County and Municipal Employees, among others.center_img Topics :last_img read more

NY’s Cuomo says Trump agrees to help expand coronavirus testing

first_img“It’s in some ways an outrageous goal, but this is New York, and we’re used to outrageous,” he said, adding that the state’s current level of 20,000 tests a day marked the highest per-capita rate for diagnostic coronavirus screening in the world.As of Tuesday, New York state had tallied more than 257,000 cases of COVID-19, the highly contagious respiratory illness caused by the novel coronavirus. That accounts for more than a quarter of the 809,000-plus known infections nationwide.Budget shortfall Health experts say a massive expansion in both kinds of tests is essential before stay-at-home orders and mandatory business shutdowns, which were ordered to slow the spread of the virus, can be safely lifted.Cuomo, who said he also stressed the severity of the state’s budget problems brought on by the pandemic, described his conversation with Trump as “honest and open.”At a separate White House briefing, Trump called his meeting with Cuomo productive and said he was proud of the relationship his administration has forged with New York.With social distancing and lockdowns showing results, Cuomo has said he could begin to consider how to reopen a state that ranges from New York City, with more than 8 million people, to farm country and sparsely populated towns.Trump said the federal government will work with New York to help secure additional capacity for testing, the importance of which the president has at times minimized.Cuomo also told Trump New York City no longer needed the US Naval Ship Comfort hospital ship to help with overflow patients.Along with other governors, Cuomo has called on the federal government to provide direct cash assistance to the states, a request that has gone unanswered in the stimulus packages passed by Congress.New York, facing a $10 billion to $15 billion budget shortfall, needs a cash infusion to pay teachers, police officers, healthcare workers, Cuomo said.The governor said Trump indicated he understood and promised to “work hard” to obtain funding for states in the next round of legislation.  Topics : The state will be responsible for expanding the capacity of some 300 laboratories conducting the tests and hiring the necessary staff.”That is an intelligent division of labor – let each layer of government do what it does best,” Cuomo told a news briefing after his rare face-to-face encounter with Trump, a man with whom the governor has had a testy relationship at best in the media.He said the testing would mix diagnostic screenings used to determine if someone is carrying the virus, and serology tests in which blood samples are analyzed for the presence of antibodies, an indication of exposure even after an individual is no longer infected.Cuomo said it will “take several weeks at best” to implement the plan.center_img President Donald Trump and New York Governor Andrew Cuomo, two prominent figures in the US coronavirus crisis who are often at odds, emerged from a White House meeting on Tuesday with mostly positive things to say and an apparent deal on testing.Cuomo, a Democrat whose state is the epicenter of the US coronavirus epidemic with nearly 20,000 deaths, said the Republican president agreed on a plan for doubling New York’s coronavirus screening capacity to 40,000 tests per day.Under that plan, Cuomo said, the federal government will procure and furnish the test kits and related materials, including the chemical reagents that have sometimes been in short supply.last_img read more

The Grocer Cup 2018: the nominees revealed

first_imgEmma WalmsleyJob title: CEO Company: GSK “Thatcher has managed to grow Thatchers into an fmcg heavyweight”Read more Kate SwannJob title: Chief executive officer Company: SSP Dave LewisJob title: CEO Company: Tesco  The Grocer Cup is back! And readers decide who will lift the prestigious prize. For the past two decades, the trophy has been awarded to an outstanding leader for their work in the industry over the past 12 months. Take a look at our 2018 shortlist of contenders. Who gets your vote?,Voting for The Grocer Cup 2018 has now closedThe winner will be announced at the IGD Awards ceremony in London on 2 October, one of 20 categories at the 25th IGD Awards. “With Jack’s, Carrefour and Booker to integrate, Lewis has unfinished business to attend to at Tesco”Read more Andrew SelleyJob title: Chief executive Company: Bidfood UK “One of the army of newly converted analysts has dubbed Ocado the ‘Microsoft of retail’”Read more David PottsJob title: Chief executiveCompany: Morrisons “If the past four years have proven anything, it’s that Coupe isn’t afraid to stick his neck out”Read more Tim SteinerJob title: Founder and CEO Company: Ocado Mike CoupeJob title: CEOCompany: Sainsbury’s Jason WarnerJob title: President for Northern Europe Company: AB InBev Martin ThatcherJob title: Managing director Company: Thatchers “She’s bought a new sense of stability to the business, bolstered by the results she’s delivered”Read more “Swann has a rich spread of experience combined with an innate understanding of what customers want”Read more “Throughout Bidfood’s turnaround, Selley has hardly appeared to break into a sweat”Read more “Potts has transformed Morrisons by embracing principles Sir Ken would have appreciated”Read more Barry WilliamsJob title: Managing director Company: Poundland “Warner has taken mid-tier lager brands and seeded each into distinct niches”Read more “While his demeanour is cheerful and positive, he shows a steely lack of sympathy to fallen rivals”Read morelast_img read more

Guyana opposition questions cost of New York trip

first_img Sharing is caring! 10 Views   no discussions (L-R): Donald Ramotar and Bharrat JagdeoGEORGETOWN, Guyana — According to reports from Queens, New York, Guyana’s President Bharrat Jagdeo and People’s Progressive Party Civic (PPPC) presidential candidate Donald Ramotar will travel there to address Guyanese nationals.The reports state that they were invited by the Association of Concerned Guyanese, a overseas-based PPPC organisation, to speak at a meeting on Friday, April 29.Meanwhile, the Alliance for Change (AFC) said that the PPPC is using state funds for electioneering and the main opposition party, the People’s National Congress Reform (PNCR), has called on the Guyana Election Commission (GECOM) to referee the use of resources to ensure fairness and impartiality.AFC presidential candidate, Khemraj Ramjattan, said that he was certain that state funds would be used to cover the costs.Ever since Ramotar was chosen as the presidential candidate for the governing party, Jagdeo has been touring different parts of the country with Ramotar, shoring up the candidate’s profile, emphasising that he was a graduate from the University of Guyana with a degree in economics and has vast political experience.The president and Ramotar have visited Essequibo islands, Essequibo coast, West Demerara, and East Berbice.by Global News Staff Caribbean News Now NewsRegional Guyana opposition questions cost of New York trip by: – April 25, 2011 Tweetcenter_img Share Share Sharelast_img read more

Real Madrid renew interest in Victor Osimhen

first_imgReal Madrid are rivaling Manchester United for Nigeria and Lille striker, Victor Osimhen. Lille would be prepared to sell this summer if offers exceeding the €80m Arsenal paid for Nicolas Pepe 12 months ago arrive. LOSC president Gerard Lopez stated earlier this season: “Osimhen will be in Lille next season. Afterwards, there are factors I cannot control, such as the fact that a club comes and offers a salary that is six or eight times more than we can offer. Read Also:Man Utd join race for Victor Osimhen “But I think it is sometimes better not to take a high salary and wait for the next season.” FacebookTwitterWhatsAppEmail分享 Loading… It emerged over the weekend that United have added Osimhen to their summer shopping list. United boss Ole Gunnar Solskjaer is seeking fresh goalscoring power and has turned to young Nigerian Osimhen. But he is also on Real’s radar, where the striker has been mentioned as a potential successor for veteran striker Karim Benzema.Advertisement Promoted ContentTop 7 Best Car Manufacturers Of All Time6 Stunning Bridges You’ll Want To See With Your Own EyesBirds Enjoy Living In A Gallery Space Created For Them7 Netflix Shows Cancelled Because They Don’t Get The Ratings13 kids at weddings who just don’t give a hoot10 Risky Jobs Some Women DoThe Great Wall Of China: The Hidden StoryWhat Women Find The Most Attractive In Men From The 60-sWhat Happens To Your Brain When You Play Too Much Video Games?Who Is The Most Powerful Woman On Earth?7 Non-Obvious Things That Damage Your Phone6 Most Unforgettable Bridges In The Worldlast_img read more

‘Drug queen’ sneaks out of PH

first_imgOf 16 “ninja policemen” who areallegedly in cahoots with the drug queen, 9 were killed in separate operationsand one is detained, said Eleazar. The police is building cases against 6 ofher other cohorts, including 2 retired policemen, 2 who were dismissed fromservice and 2 other who went on absence without leave, he added. The drug queen served for “manyyears” as a barangay chairman and won a fresh mandate in last year’selections but failed to take her oath of office, according to National Capital Regiontop cop Major General Guillermo Eleazar. For example, drug sweeps can only bedone by the Anti-Illegal Drugs Unit, whose members undergo vetting aftergetting the recommendation of unit commanders, who can then be removed fromtheir posts with just one offense of a subordinate, he said. (With ABS-CBN News/PN) “Ngayonang balita natin, out of the country [nasiya]… Wala man s’ya ngayon e iyongmga galamay niya, ipa-paralyze natinpara wala na s’yang magagawa at eventually, magkakaroon din po ng tamang araw para sa kaniya,” Eleazar toldradio DZMM on Wednesday. Her husband was also a former barangaychairman while her sibling and cousin are police officers, he said. “Safeguards” were also put in place toprevent the recycling of busted drugs, Eleazar said.center_img The Bureau of Immigration said thealleged drug queen, who was identified as Guia Gomez Castro, left the countrylast Saturday. MANILA – A “drug queen” whoallegedly buys and redistributes narcotics seized in government operations hasleft the country, the police authorities here said. The Bureau of Immigration says the alleged drug queen, who was identified as Guia Gomez Castro, left the country on Sept 21. UNTV “As per travel records, she indeedrecently left the country but with no derogatory records, hence she was allowedto depart,” Immigration bureau spokesperson Dana Sandoval said.last_img read more

Ivy Tech Gets Grant For I.T. Career Training

first_imgINDIANAPOLIS – Ivy Tech Community College is receiving $2.5 million in grants to improve career training programs in the informational technology and informatics industry.The school is one of 270 community colleges across the nation receiving $450 million in job-driven training federal grants.The funding will assist in establishing and expanding IT dedicated labs across 24 Ivy Tech campuses, establishing and expanding 10 to 12 data centers critical for training students majoring in Network Infrastructure and Server Administration, expanding a virtual data lab center accessible by distance education, providing professional development for IT faculty, creating a virtual IT defined career pathway advising system, and recruiting participants in collaboration with workforce partners.The School of Computing and Informatics at Ivy Tech anticipates more than 4,000 students completing one or more credentials and placed in jobs or advancing in employment during the grant period.Information technology is a growing industry in Indiana, however many Hoosiers remain unemployed, displaced, or need jobs upon returning from military service. Building on the current strength and projected growth of Indiana’s IT industry, this grant will prepare students for high-wage, high-growth careers in IT.The college says it will work with employers, economic developers, state and regional IT industry advisory boards, and chambers of commerce to review curriculum while placing students in internships that could lead to jobs after graduation.last_img read more