MARSHAL: PLEASE RISE. HEAR YE.HEAR YE.HEAR YE.THE SUPREME COURT OF THE GREAT STATE OF FLORIDA IS NOW IN SESSION. ALL W HO HAVE CAUSE T O P LE A , DRAW NEAR , G IVE ATTENT ION AND YOU SHALL BE HEARD. GOD SAVE T HESE UNITED STATES, THE GREAT STATE OF FLORIDA AND THIS HONORABLE COURT. LADIES AND GENTLEMEN , THE FLORIDA SUPREME COURT. PLEASE BE SE ATED .

CHIEF JUSTICE: GOODAFTERNOON, LADIES AND GENTLEMEN. AND WELCOME TO THE FLORIDASUPREME COURT . WE , I WANT TO SEE SOME SMILES OUT THERE. OKAY. WE CONVENE , TODAY , I N CEREMONIAL SESSION, FOR W HAT IS ONE OF THE MOST IMPORTANT EVENTS IN THIS COURT'S CALENDAR, AND FOR ME , ONE OF THE MOST UPLIFTING. BECAUSE TODAY WE HO NOR SELECTED ME N AND W OMEN OF OUR PROFESSION AND A VOLUNTARY BAR ASSOCIATION, FOR THEIR EXTRAORDINARYEFFORTS TO THIS STATE 'S PRO BONO EFF ORTS. OUR STATE 'S PRO BONO EF FORTS TAKE INSPIRATION FROM AN EXPRESS PROV ISION OF OUR CONSTITUTION THAT GUARANTEES ACCESS TO THE COURTS FOR REDRESS OF ANY INJURY. AND, REA LLY, FOR MORE THAN A CENTURY AND-A-HALF , THIS COURT HAS REPEATEDLY RECOGNIZED THAT THE PRACTICE OF LAW IS A PRIVILEGE THAT CARRIES WITH IT CERTAIN RESPONSIBILITIES AND OBLIGATIONS TO OUR SOCIETY AND T O OUR DEMOCRACY . I CAN THINK OF NO BE TTER WAYTO BEGIN THIS YE AR'S PRO BONO CEREMONY THAN BY DEDICATING THE CEREMONIAL SESSION TO THE MEMORY OF HENRY LATI MER , A MAN WHO IS MY DPRAERND , WHO WAS A RESPECTED LAWYE R, A SUPERB JUDGE AND AN EXTRAORDINARY HUMAN BE ING. HENRY'S PROFESSIONAL L IFE EXEMPLIFIES THE SPIRIT OF PRO BONO PUBLICO, FOR THEGOOD OF THE PU BLIC. HIS POSITIVE APPROACH TO FAITH, FA MILY AND FRIENDS AND HIS INTEGRITY WERE IN REMARKABLE CONTRAST TO THE EARLIER FL ORIDA WH ERE HE GREW UP. HE BEGAN HIS LIFE U NDER THE BLIND RULE OF FLORIDA'S SEGREGATION CODE , WITH ALL OF ITS HATEFUL ASSUMPTION INGS , YET HE DID N OT LET THE HATRED OF OTHERS IN HIS LIFE AFFECT HIS LIFE. HE ROSE ABOVE IT. COMING FROM A JACKSONVILLE HOUSING PROJECT WHERE HE GREW UP WITH HIS MOTHER , HE WENT ON TO A TTEND FLOR IDA A &M AND THEN EARNED AMASTER'S DEGREE AT FLORIDA ATLANTIC. HE STUDIED LAW AT THE UNIVERSITY OF MIAMI AND WAS ONE OF ONLY EIGHT AFRICAN-AMERICANS IN HIS CLASS. HE WENT ON TO PRACTICE La AND THERE A FTER PRACTICE TO PRACTICE LAW AND THEREAFTER PRACTICED O N THE BENCH FOR 30 YEARS BE FORE RETURNING TO PRI VATE PRACTICE. HIS SP IRIT OF PRO BONO EARNED HIM THE 19 97 FLORIDA BAR PRESIDENT'S PRO BONO SERVICE AW ARD. M UCH OF HIS PRO BONO WORK CAME THROUGH A FREE C LINIC ESTABLISHED BY HIM AND N AMED IN HONOR O F HIS LATE S ISTER LAURA AND ALSO IN INFORMAL SETTINGS , SUCH AS COMMUNITY CENTERS AND CH URCH HA LLS, W HERE HE PERSUADED HIS CORPORATE COLLEAGUES T O SPEND THEIR SATURDAY S PROVIDING LEGAL SERVICES TOTHE POOR. HENRY CONSTANTLY INS PIRED M ANY OT HERS AND LIFTED OUR SPIRITS AND O PENED OURHEARTS TO AS PIRE TO DO OUR VERY BE ST. HE MADE A DIFFERENCE , EACH AND E VERY D AY OF HIS LIFE, AND HE MA DE A DIFFERENCE IN THE LIVES OF OTHERS, MINE INCLUDED. IN A TAPED INTERVIEW CONDUCTED BY THE UNIVERSITY OF MI AMI SH ORTLY BEFOR E HIS DEATH , HENRY WAS AS KED ABOUT HIS DEFI NITION OF LEADERSHIP . HE RESPONDED , I NEVERTHOUGHT OF IT AS LEADERSHIP , BUT AS A QUESTION OF TIMING AND THE OPPORTUNITY TO LEND A HAND O R TO D O SOMETHING TO HELP SOME ONE AND TO D O THE RIGHT THING , AND I F THAT TRANSLATES INTO LEADERSHIP , THEN THAT IS A WAY OF LIFE . FOR ALL THESE REASONS, IT IS ESPECIALLY FIT TING THAT WE DEDICATE THIS CEREMONIAL SESSION, TODAY, TO HENRY LATIMER , WHO SERVES AS AN INSPIRATION AND A LESSON TO A LL OF US , AS TO H O W TO LEAD AND LI VE AS A LAW YER AND A HUMAN BEI NG. I WO ULD ASK THAT WE OBSERVE A MOMENT O F SI LENCE I N HENRY'S MEMORY. THANK YO U. AT THIS TIME , I WILL NOW PRESENT A PO STIME U S CHIEF J USTICE LIFE POSTOMB US LIFETIME CHI EF J USTICE SERVICE AW ARD. I WOULD ASK THAT MRS. LATIMER AND HIS DAUGHTER, T RACI LATIMER , IF THEY WOULD PLEASE ROACH THEBENCH. PLE ASE APPROACH THEBENCH. ,,THIS AWARD IS PRESENTED I N M EMORY OF YOUR HUSBAND AND YOUR FATHER, IN DE DICATION TO HIS LIFETIME SERVICE TO THE MINORI TIES OF FLORIDA. HIS SERVICE HAS CHANGED FUTURE LAWY ERS' CAREERS IN DELBLY AND HIS DED ICATION TO THE TIME OF THE LATIMER CLINICS HAS FOREVER IMPROVED THE LIVES OF COUNTLESS FLORIDIANS. HIS LIFE WILL BE HE LD UP AS AN INSPIRATION AND A LESSON TO ALL OF U S , AS TO HOW TO LEAD AND LIVE AS LAWYER AND A PERSON. IT IS MY DISTINCT HONOR TO PRE SENT TO YOU THIS DISTINGUISHED SERVICE AWARD.

THANK YOU VERY M UCH. [APPLAUSE] I THINK , IF WE CAN HAVE TRACI , WHO WILL AP PROACH THE PODIUM, TO MAKE SOME REMARKS. THANK YOU .

ON BEHALF OF MY MOTHER , MY SISTER A ND I , WE WOULD LIKE TO THANK EVERYONE WHO HAS EMBRACED OUR F A MILY AND INVITED US HERE FOR THIS MEMORIAL MOMENT IN THE NAME OF MY FATHER. IT IS INTERESTING , BECAUSE I WASN'T Q U ITE SURE WHAT TO SAY , HOW TO SAY , OTHER THAN THE WORDS THANK YOU , AND OFTENTIMES, FOR THOSE OF YOU THAT K NE W MY FATHER VERY , VERY WELL , YOU K NOW HE ALWAYS HAD L I TTLE NOTES STICKING AROU ND. WELL, I FO UND ONE OF HIS LITTLE NOTES . AND I CAN ONLY S MILE , BECAUSE THE NOTE THAT I FOUND , LAST NIGHT , PERTAINS TO THIS, WHA T WE AR E HERE FOR TODAY. SO WHAT OTHER , WHAT BETTER WAY THAN TO LEAVE YOU WITH W ORDS OF HIS THOUGHTS ON HOW HE F ELT HE SERVED OTHERS . IN THE WORD S OF MY FATHER, THE Q UIET GE NTLEMAN IMP ACTS JUDGE WHO UNDERSTAND THE RELATIONSHIP BETWEEN HIMSELF , HIS JOB , AND THE PEOPLE HE SERVED. THE HUMAN SIDE O F HIM WAS NEVER L OST OR CONS UMED BY OR IN THE LUSTER OF HIS TI TLE , IN THE WORDS OF MY FATHER. I THANK EVERYONE, TODAY , FOR EVERYTHING, ONCE A GAIN , THATYOU HAVE DONE FOR OUR FAMILY , FOR THIS PRESTIGIOUS AWARD , AND MAY HIS LEGACY CONTINUE TO LIVE ON. THANK YOU . [APPLAUSE]

CHIEF JUSTICE: THANK YOU VERY MUCH , AND IT IS TODAYTHAT WE HONOR SPECIFIC INDIVIDUALS FOR THEIR EFFORTS , BUT I KNOW OF NO PROFESSION THAT GIVES MORE FREE AND UNSELFISH LY OF ITS SERVICES . IN THE LAST YEAR 2003-2004 , FLORIDA LAWYERS R E PORTED G IVING OVER 1 .5 MI LLION HOURS OF PRO BONO WOR K. THESE LAWYERS KNOW THAT , ALTHOUGH IT IS EA SY TO REPRESENT A CLIENT WHO IS EDUCATED AND WELL-FUNDED , THE POOR AND THE POWERLESS MUST, ALSO , HAVE REPRESENTATION, IF WE ARE TO FULFILL THE PRO MISE O F E QUAL JUSTICE FOR ALL. FLORIDA LAWYERS HAVE, ALSO , D ONATED OVER $3.5 MIL LION IN CONTRIBUTIONS. THIS IS ALL , BOTH THE HOURS AND THE MO NEY , DOUBLE THE AMOUNT FROM 1 99 4 , WHEN WE F IRST STA RTED THE REPORTING REQUIREMENT , AND IN ADDITION TO THAT, FLORIDA LAWYERS HAVE DO NATED LITERALLY M ILLIONS OF HOURS T O OTHER KICHBDZ VOLUNTEERISM , INCLUDING - - HOURS TO VOLUNTEERISM, INCLUDING CHARITABLE AND RELIGIOUS WORK. THI S IS WORK TR UL Y O F PUBLIC RECOGNITION. THE CHIEF JUSTICE 'S ADVISORY COMMITTEE HAD THE VERY DIFFICULT TASK OF MAKING RECOMMENDATION S FROM A VERY L ONG LIST OF NOMINATIONS, AND THOU GH THE TASK WAS NOT EASY, I F ULLY CON CUR IN HIS RECOMMENDATION, AND I WOULD LIKE THE MEMBERS O F THE ADVISORY COME WHO THE ADVISORY COMMITTEE WHO ARE IN ATTENDANCE TODAY, TO STAND. IF YOU WILL , STAND UN TIL IREAD THE NAMES AND THEN WE WILL ALL APPLAUD YOU. FIRST OF ALL , OUR CHAIR AND FORMER BAR PRES IDENT, MILES McGRANE. SOLOMON BA DGER , REPRESENTATIVE HOLLY B E NSON , ALLISON BET HEL , DONNA GRAPH , JOHN COSACK , LO UIS QUALL , JUDGE EM ERSON THO MAS , AND KATHLEEN AN AND SUZANNE A N AGALOS. IF WE CAN PLEASE G IVE A ROUND OF APPL AUSE. I WOULD , A LSO , LI KE TO HAVE ANY FORMER RECIPIENTS OF THE TOBIAS SIMON AWARD TO PLEASE STAND AND BE RECOGNIZED . O KAY. WELL , EVERYONE IS OUT DOING G OOD WORK, I HOPE , AND CONTINUING, AND N EXT CATEGORY OR MEMBERS OF THE FLORIDA PRO BONO COORDINATORS ASSOCIATION. THOSE ARE WHO ARE IN ATTENDANCE, PLEASE STAND AND BE RECOGNIZED . [APPLAUSE] THANK YOU ALL, FOR THE WORK YOU DO IN THIS AREA , BECAUSEI AM SURE THAT THE GROWTH OF THE PRO BONO EFFORTS COULD NOT HAVE T A KEN PL AC E , WITHOUT THE COORDINATION THAT YOU PROVIDE , SO YOUPROVIDE US WITH ESSENTIAL SERVICES. I NOW TURN TO THE TO BIAS S IMON AWARD. IT IS ESPECIALLY FITTINGTHAT THE PRIMARY AWARD PRESENTED TODAY, BEARS THE NAME OF TOBIAS SIMON. THE AWARD WAS SO N AMED , BECAUSE HIS RECORD O F SERVICE REPRESENTS THE YARDSTICK AGAINST WHICH EACH OF US IN THE LEGAL PROFESSION, MEASURE OUR COMMITMENT TO SERVING THOSE WHO WOULD NOT OTHERWISE HAVE MEANING FUL ACCESS TO OUR COURTS. IN UNDERTAKING TO REPR ESENT THE DISADVANTA GED AND THE DOWNTRODDEN , NOT ONLY DID TOBIAS SIMON MAKE MEANINGFUL THE PROMIS E OF ACCESSIBLE JUSTICE FOR THOSE HE REPRESENTED, BUT HE , ALSO , HELPED TO DE FINE AND PRESERVE CER TAIN FUNDAMENTAL RIGHTS FOR US ALL. WE KNOW THAT THE SP IRIT OF TOBIAS SIMON , LI VES ON IN THE AWARD THAT BEARS HIS NAME, WHICH HONORS THOSE OTHER FLORIDA LAWYERS WHO HAVE UNSELFISH LY CARRIED ON HIS WORK. IT IS NOW MY PLEASURE T O ANNOUNCE THIS YEAR'S RECIPIENT O F THE FLORIDA LEGAL PROFESSION'S HIGHEST PUBLIC SERVICE HONOR. THIS YEAR'S AWARD G OES TO AN ATTORNEY WHOSE CONTRIBUTIONS ARE TRULY REMARKABLE , AND I CAN ONLY CITE TO A FEW OF MANY EXAM PLES , AND THE FULL B IO IS IN THIS WONDERFUL BROCHURE THAT HAS BEEN PUT TOGETHER BY THE FLORIDA B A R. SINCE 19 82 , THIS MAN HAS DONATE ADMINMUM OF FOUR HOURS PER WEEK TO THE GULF COAST LEGAL SERVICES CLEARWATER OFFI CE. IN HIS WORK , HE HAS INTERVIEWED PROSPECTIVE CLIENTS TO EVALUATE THEIR NEEDS. FOR THOSE CLIENTS NE EDING LEGAL REPRESENTATION IN COURT, HE HAS REFERRED THEM O N TO THE OF FICE O F STAFF ATTORNEYS.HE NOT ONLY DOES THAT BUT ATTENDS WEEKLY MAKINGS TO DISCUSS THE ME RITS O F THEIR WEEKLY MEETINGS, TO DISCUSS THE MERITS OF THEIR CASES. IN MANY MEETINGS HE HAS BEEN ABLE T O ASSIST CLIENTS BY GIVING THEM INFORMATION THEY NEED TO RESO LVE THEIR CASES WITHOUT GOING TO COURT. IN MORE THAN TWO DECADES OF PROVIDING THIS SERVICE, HE HAS DONATED A.M. APPROXIMATELY 4 500 HE HAS DONATED APPROXIMATELY 4 500 HOURS OF PRO BONO SERVICE TO HIS COMMUNITY A ND AT THE SAME TIME MAINTAINING A SOLO PRACTICE. IT IS MY PLEASURE TO ANNOUNCE THIS YEAR'S AWARD RECIPIENT OF J AMES VANDERPLUS OF IN DIAN ROCKS BEACH. IF YOU COULD, PLEASE COME U P AND ACCEPT THE AWARD . [APPLAUSE]

THANK YOU , MA DA M CHIEF JUSTICE, HONORABLE JUST ICESOF THE COURT , MS. KELLY JOHNSON , PRESIDENT OF THEFLORIDA BAR , MEMBERS O F THE LEGISLATURE WHO ARE HERE , MY FRIENDS AND COLLEAGUE S , LADIES AND GENT LEMEN , MAY ITPLEASE THE COURT . I THANK YOU , MADAM CHIEF JUSTICE, FOR YOUR KIND AND GENEROUS REM ARKS . I AM RE ALLY HUMBLED AND AWED BY ALL OF THIS, BECA USE I CONSIDER MY SELF JUST ONE AMONG THOUSANDS OF M Y PROFESSIONAL COLLEAGUES WHOARE DOING LIKE WORK IN LENDING THEIR TIME ANDSERVICES TO PEOPLE WHO AREIN NEED OF LEGAL SERVICES AND CANNOT A FFORD OUR LEGALFEES, WHICH ARE BY ALL COUNTS , ENORMOUS FOR THE AVERAGE PERSON. I WANT TO THANK MY COLLEAGUES AT LEGAL SERVICES CORPORATION , THIS HONORABLE COURT AND THE SELECTION COMMITTEE, FOR THEIR REMARKS AND FOR THEIR SELECTION. I WANT TO THANK KAREN FRANCE , EXECUTIVE SECRETARY OF CLEARWATER BAR, FOR HER RECOMMENDATION AND ENDORSEMENT , AND GARY MOORE , MY OFFICE MANAGER A T CLEARWATER OFFICE , VAN DER PLUS LEGAL SERVICES, AND JOHNNY CUNNINGHAM , WHO KINDLY DROVE ME U P HERE , THE DIRECTOR OF LEGAL SERVICES CORPORATION IN THE PINELLAS-PASCO AREA , AND LAST BUT NOT LEAST MY WIFE , DR . J EA N VAN DER PLUS , WHOSE L OVE AND CARING AND SUPPORTIVE ATTITUDE HAVE SUSTAINED ME OVER THE YEARSAND LET ME DO THE WORK THATI HAVE DONE. IF ONE WE RE TO BE LIEVE THE STORIES PORTRAYED BY RECENT HEADLINES , ONE WOULD SEE AVIEW OF THE TYPICAL LAWYER AS ONE WAS RESPONSIBLE FOR THE EXORBITANT RISE IN MEDICAL MALPRACTICE PREMIUMS OR ONE WHO COLL ECTS G REAT PROFITS AND FEES FROM C L ASS A CTION SUITS WHILE HIS PLAINTIFF CLIENTS GET DISCOUNT COUPONS FOR THE DEFENDANT'S PRODUCTS . ALL THE WHILE , FI NDING LOOPHOLES IN THE LAW , TO GET THEIR TORT IOUS CLIENTS OFF THE TO OK ON LEGAL TECHNICALITIES. SELDOM SEEN IN MY VIEW , IS AFRONT PAGE HEADLINE DEPICTING THE MORE T Y PICAL LAWYER WHO TA KES CASES NOT FOR L UCRE AL ONE, BUT FOR ONE WHO SEEKS JUSTICE AND COMPENSATION FOR HIS INJURED CLIENT , WHO TR IES TO RI GHT THE W RONGS SUCH AS PEOPLE VICTIMIZED BY SKIN FLINT LAND LO RDS AND CAR DE ALERS WHO E LECT NOT TO STAND BEHIND THEIR 30 -DAY WARRANTIES AND MORTGAGE BROKERS WHO FILE ER FOR CLOSER PA PERS WHO FILE FOR CLOSER PAPERS MINUTES A FTER THE PEOP LE ARE LATE.WE HAVE PEOPLE WHO DIG HOLES , COLLECT THEIR FEES AND LEAVE! [LAUGHTER]

I DON'T KNOW WHAT THE FINISHER DOES . [LAUGHTER] BUT THESE ARE , ALSO, THE ATTORNEYS WHO DRAFT ALSO FOR SHUT-INS AT NO CHARGE. THEY PROBATE MEA GER ESTATES THAT WOULD NOT GENERATE SIGNIFICANT FEES. THEY OBTAIN DIVORCES FOR BATTERED SP OUSES WITH LITTLE OR NO IN COME. THEY RE VERSE MORT GAGE FORECLOSURES THAT ARE PREMATURELY BROUGHT AND A HOST OF SIMILAR PROBLEMS THAT SEEM UTTERLY PEDESTRIAN BY COMPARISON WITH THE DRAMATIC HIGH PROFILE CASES THAT YOU SEE IN THE HEADLINES.THESE ARE TYPICAL OF THE KINDS OF CASES THAT ARE HANDLED BY THE LAWYERS OF THE VA RIOUS LEGAL SERVICES ORGANIZATION ANSWER OTHER LEGAL AID OFFICERS, LAWYERS WHO COULD BE E ARNING U P WARDS OF TH REE TIMES THEIR SALARY OUT IN PRIVATE PRAC TICE BUT , INSTEAD , D E VOTE THEMSELVES TO SERVING THE NEED Y AT THEIR PRESENT SALARIES . THEY ARE ALSO THE KINDS OF CASES THAT ARE H A NDLED BY A HOST OF UN SUNG VOLUNTARY ATTORNEYS ON A PRO BONO BASIS. M ANY OF THEM ARE CL EAR CANDIDATES FOR THIS AWARD AS W ELL. WHILE THE PROF ESSION AND THIS COURT D UALLY RECO GNIZE THEIR CONTRIBUTIONS , THE GENERAL PU BLIC, IN MY VIEW , IS WOEF ULLY IGNORANT OF THE ROLE THAT THEY PLAY IN SOCIETY , AND THEIR EFFORTS COULD USE A GREAT DEAL MORE EXPOSURE TO THE PUB LIC EYE THAN THEY PRES ENTLY GET. I WISH , HERE, TO SALUTE THEM AND THEIR EF FORTS AND REITERATE THAT I AM ONLY ONE , PERHAPS THOUSANDS OF OTHERS , WHO GIVE E QUALLY GENEROUSLY OF THEIR TIME AND TALENT. ONE FINAL NOTE ON MY O WN PARTICIPATION , I AM SOMETIMES AS KED WHY I DEV OTE THE KIND OF T IME THAT I DO TO PRO BONO ACTIVITIES AND STILL CAR RY ON MY OWN SOLO PRACTICE. I CAN BEST AN SWER B Y QUOTING A LA DY WHO WAS A CHAIR LAD Y OF A COMMITTEE , THE GOVERNOR'S HUMAN RIG HTS ADVOCACY COMM ITTEE, ON WHICH I SERVED SOME YEARS AG O. HER NAME IS HELEN WHITE. SHE IS SINCE DECEASED. WHEN ASKED WHY SHE DEVO TED ALL HER TIME TO THIS KIND OF ACTIVITY, SHE SAID SOME PEOPLE PLAY GOLF. I DO THIS . AGAIN, I THANK YOU. GOD BLESS YOU. GOD BLES S THIS HONORABLE COURT AND GOD BLESS AM ERICA . [APPLAUSE] ,,

CHIEF JUSTICE: THANK YOU , MR . VAN DER PLAUSE THANK YOU , MR . VanDER PLUS, FOR THOSE VIABLE REMARKS . NOBODY IS SEEKING TO GAIN THESE AWARDS AND DO IT WHEN THEY D I DN'T THINK ANYONE WAS WATCHING, AND YOU ARE CLEARLY THAT KIND A FTER EXAMPLE.I HOPE THAT THESE PEOPLE LISTENING TO THE CEREMONY , NOT ONLY HERE TODAY BUT O VER THE INTERNET , WILL GAIN INSPIRATION FROM YOUR GREAT WORKS . THE NE XT AWARD IS ONE THAT I AM PARTICULARLY HAPPY TO ANNOUNCE AND PRESENT , AND THAT IS A NEW AWARD THAT THE COURT HAS ADDED THIS YEAR , TO RECOGNIZE A STATE COURTJUDGE FOR HIS OR HER WORK TOWARDS IM PROVING THE ADMINISTRATION OF JUSTICE , AS IT RE LATES TO PRO BONO WORK BY LAWYERS. SPECIFICALLY, THIS NEW AWARD HONORS THE J U DGE WHOSE WORK BEST EXEMPL IFIES THE ASPIRATIONAL GOAL DESCRIBEDIN THE RECENTLY AMENDED COMMENTARY TO CANON B OF THE CODE OF JUDICIAL CONDUCT. THE COMM ENTARY STATES, SUPPORT OF PRO BONO LEGAL SERVICES BY MEMBERS OF THE BENCH , IS AN ACTIVITY THAT RELATES TO THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. THE COMMENT GO ES ON TO SAY THAT JUDGES MAY ENGAGE IN ANUMBER OF ACTI VITIES , DESIGNED TO ENCOURAGEATTORNEYS TO PERFORM PRO BONO SERVICES . IN KEEPING WITH THIS ASP IRATION THAT WE , AS JUDGES COLLECTIVE LY SH AR E , IT IS MY PRIV ILEGE AND HONOR TO ANNO UNCE THE F I RST RECIPIENT OF FLORID A'S NEW DISTINGUISHED JUDICIAL SERVICE AWARD. IT GOES TO A JUDGE WHOSE PRO BONO CONTRIBUTIONS BEGAN LONG BE FORE THE DAYS WHEN HE WORRY A ROBE , WHEN HE FREQUENTLY GAVE PRO BONO SERVICES AS AN ATTORNEY IN JACKSONVILLE , AND THEN LATER , IN HIS INVOLVEMENT A S PRE SIDENT OF THE FLORIDA BAR FOUNDATION, IN WHICH HE REMAINS ACTIVE THROUGH THE PRESENT. LATER , AS A JUDGE, HE CHAIRED THE JOINT COMMISSION OF THE FLORIDA BAR AND THEFLORIDA BAR MOUND ATION AS IT CON FO UNDATION , AS IT CON DUCTED AN EXTENSIVE ASSESSMENT OF OUR STATESYSTEM OF PROVIDING LEGALSERVICES TO THE POOR.AT THE REQUEST OF THE BAR PRESIDENT, HE CHAIRED A STATEWIDE SYMPOSIUM ON EQ UAL ACCESS TO JUSTICE. AND ONE OF THE MANY BYPRODUCTS OF THIS ENDEAVOUR , WAS LEGISLATION THAT , FORTHE FIRST TIME SE CURED STATE F UNDING FOR C IVIL LEGAL SERVICES TO THE POOR IN FLORIDA. THE IMPORTANCE OF THIS WORK WAS UNDERSCORED, WHEN ONLY YESTERDAY , THE FLORIDA LEGISLATURE OBSER VED THE FIRST OFFICIAL LEGAL AIDE DAY , W HILE THE LEGISLATURE IS ALSO ACTIVELY CONSIDERING LEGISLATION THIS YEAR , TO , AGAIN , F URTHER EX PAND STATE FUNDING. WHILE THIS J UDGE HAS MANY MORE ACHIEVEMENTS , I WILL MENTION ONLY ONE FURTHER. IN 20 02 AND 2 003 , HE CHAIRED A TASK FORCE ON PRO BONO ACTIVITIES BY JUDGES , AND ICAN TELL YOU THAT, AS CHAIROF THAT TASK FORCE , HE ENDURED M UCH IN THE WAY O F COMMENTARY DIRE CTED TO WARDS HIM , BUT ONE OF THE PRODUCTS OF THE TASK FORCE , WAS THE DEVELOPMENT OF THE CHA NGES TO CANON 4 -B , LATER A P PROVED BY THE COURT, THAT U RGES ALL JUDGES TO ENCOURAGE PRO BONO WORK BY LAWYERS , SO MAYBE , ALTHOUGH WE DIDN'T DO IT THROUGH THE CODE , WE HAVE DONE IT THROUGH EX AMPLE , SO IT IS ONLY FITTING THAT THIS INAUGURAL DISTINGUISHED JUDICIAL SERVICE AWARD, SHOULD GO TO ONE OF THE PRIMARY AUTHORS OF THE V ERY CODE LANG UAGE THAT CAUSED US TO CREATE IT. IF AN YONE WAN TS TO G UESS WHOTHIS GENT LEMAN MAY BE , I WILL NOW RE VEAL THE NAME. THE COURT RECOGNIZES THE HONORABLE WILL IAM VAN NORTWICK OF THE FIRST DISTRICT COURT OF APP EAL TO APPROACH THE BENCH , RECEIVE THE AWARD AND PLEASE, THEN , APPROACH THE PO DIUM FOR YOUR OWN REMA RKS. THANK YOU , JUDGE VAN NORTWICK. [APPLAUSE] I DIDN'T PICK OUT THESE AWARDS, SO I DON'T KNOW HOW YOURS IS BIG GER THAN EVERYONE ELSE'S , BUT HERE IT IS. THANK YOU .

MAY IT PLEASE THE COURT. I HOP E THIS T URNS OUT BETTER THAN THE LAST TIME I APPEARED BEFORE YOU . [LAUGHTER] CHIEF JUSTICE PARIENTE, HONORABLE JURIES ADVERTISES, FELLOW JUDGES , PRES IDENT JOHNSON , PRESIDENT-ELECT BOOKMAN , PRESIDENT-ELECT DESIGNATE CO X. YOU HAVE GOT AN OTHER ONE OUT THERE? TOBIAS SIMON AND THE FLORIDA BAR AWARD RECIPIENTS , COLLEAGUES, FRIENDS AND GUESTS. I WOULD LIKE TO THANK A LOTOF PEOPLE. FIRST OF ALL THOSE WHO NOMINATED ME , THE MEMBERS OF THE SE LECTION COMMITTEE CHAIRED BY M ILES McGRANE, WHO HAD BEEN INTRODUCED, AND , OF COUR SE, THE CHIEFJUSTICE. WHEN THE CHIEF JUSTICE INFORMED ME THAT I WAS TO RECEIVE THIS RECOGNITION AND THERE IS A WHOLE OTHER ST ORY BEHIND THAT , THAT W E WON'T GO INTO , I WAS COMPLETELY SURPRISED.THAT WAS THANKS T O THE STEALTH TACTICS OF THOSE WHO NOMINATED ME AND TO THE SURPRISING SECRECY OF MY JUDICIAL ASSISTANT L ISA WATSON AND MY W I FE , MA RIA BEHIND ARE SO N. MARIA'S SI STERS WILL TELLYOU THAT SHE NORMALLY CANNOT KEEP A FA MILY SECRET. THIS NEW SECRECY S KILL HAS ME WORRIED. [LAUGHTER] I FEEL LUCKY AND DEEPLY HONORED FOR THIS AWARD AND TO HE AR ALL OF THE N IC E THINGS THE CHIEF JUSTICE SAID. I KNOW HOW MANY JUDGES DEVOTE TREMENDOUS ENERGY, T IME AND EF FORT OUTSIDE OF THEIR WORK, TO IMPROVE ACC ESS TO THE JUSTICE SYSTEM AND TO THE ADMINISTRATION OF JUSTICE.MANY OF THEM COULD BE STANDING HERE. I FEEL VERY LU CKY TO BE THEFIRST ONE T O STAND HERE. SECONDLY, I FEEL GRE ATLY HONORED , TO BE INCLUDED WITH THE OTHER LAWYERS RECOGNIZED HERE. LET ME ADD MY INDIVIDUAL CONGRATULATIONS TO EACH OF YOU , BUT ESPECIALLY T O VAN, THE TO BIAS SIMON WINNER. THE TOBIAS SIMON AWARD CEREMONY HAS AL WAYS BEE N ONE OF MY FAVO RITE TIMES. THE CE REMONY SH INES THE SPOTLIGHT ON LAWYERS WHO SHOW OUR PROF ESSION AT ITS ABSOLUTE BEST . THESE LAWYERS HAVE DEDICATED THEIR TIME AND SK ILLS TO SERVE OTHERS , WITHOUT THE THOUGHT OF FINANCIAL GAIN , AND CERTAINLY WITHOUT THETHOUGHT OF THIS OR ANY OTHER RECOGNITION. THEY DO NOT ME RELY RECOGNIZE OUR PROFESSIONAL RESPONSIBILITY TO ENHANCE ACCESS TO JUSTICE , BE CAUSE RECOGNITION CAN SIMPLY BE SOMETHING IN THE BRAIN. THEY LI VE THAT RESPONSIBILITY BY THEIR ACTIONS . BY HONORING THE LAWYERS , WE AND THEY LIFT US ALL UP , LIFT THE EN TIRE PROFES SION UP. WINSTON CHUR CHILL SA ID THAT WE MA KE A LIVING BY WHAT WE GET. WE MAK E A LIFE BY WHAT WE GIVE. I AM S URE THAT EACH OF THESE LAWYERS UNDERSTAND CHURCHILL'S WISDOM , BECAUSE YOU GET MORE OUT OF DOING THIS THAN ANYTHING EL SE. WE, ALSO, USE THIS INDICATION TO FOCUS ON THE THIS OCCASION TO FOCUS ON THE IMPORTANCE OF AC CESS TO DEMOCRACY TO THE R ULE OF LAW AND TO THE RULE OF OUR PROFESSION IN ACHIEVING ADEQUATE ACCESS.WE ARE ALL JUSTIFIABLY PROUD OF OUR PROFESSION , WHEN WE SEE THESE LAWYERS THAT ARE HERE, COMMITED TO ACHIEVING ACCESS TO JUSTICE AS A CORE VALUE , BECAUSE IT IS A CORE VALUE TO OUR PROFESSION.IT IS THE SO UL OF OUR PROFESSION . AT THE SAME TIME WE ALLREALIZE THERE IS ST ILL A LOTTO BE DONE , BEFORE WE CAN ADEQUATELY, QUOTE , PROVIDE ADEQUATE ACCESS MUCH LESS E QUAL ACCESS. I WILL NOT DE TAIL THE DATA SHOWING THE UNMET NEED , BUT WHEN WE HAD THE 2 000 RETREAT THAT TE RRY RU SSELL CA LLED, THE DATA DEVELOPED , DEMONSTRATED THE VAST NUMBERS OF PEOPLE , THE MIDDLE-CLASS AND THE POOR , WHO ARE STILL UN ABLE, DESPITE ALL OF THIS EFFORT , TO O B TAIN REPRESENTATION. NUMEROUS OTHER STUDIES HAVE SHOWN THE UNMET NEED OF PARTICULAR GROUPS AND PARTICULAR CHILDREN AND THE ELDERLY. THEN, ASK ANY JUDGE A BOUT THE NUMBER OF SELF-REPRESENTED PA RTIES INTHE LEGAL SYSTEM . AND YOU WILL SEE THAT THERE IS A MA JOR SYMPTOM OF OUR NEED FOR ADDITIONAL ACCESS TO THE JUSTICE SYST EM. AT OUR COURT ALONE , AN APPELLATE COURT , EXCLUDING PRISONER POSTCONVICTION CASES, AL MOST ALL OF WHICH A RE PRO SE , IN 20 04 , 54 PERCENT O F THE CASES FI LED IN OUR CO URT , HAD AT LE AST ONESELF -REPRESENTED PAR TY. THAT IS AN ASTOUNDING ENOUGH. EVERY COURT IN FLORIDA , FAMILY COURTS IN PARTICULAR, H AVE MADE MANY CHA NGES AND ACCOMMODATION S TO ADDRESS THE INCRE ASING NUMBER OF SELF-REPRESENTED PERSONS. YOU CAN GO TO THE FLORIDA STATE COURTS ' WONDERFUL WEBSITE AND LOOK AT ITS SELF HELP PA GE, SET UP PRIMARILY FOR UNREPRESENTED PERSONS. IT INCLUDES FORMS, LINKS TO LOCAL SELF HELP CE NTERS WHICH EXIST I N EVERY CIRCUITAND LEGAL AID GRO UPS. EVEN WITH ALL OF THIS EFFORT,I AM NOT AWARE OF ANY JUDGE OR JUSTICE WHO BELIEVES THAT WE ARE ADEQUATELY ADDRESSING THIS IS SUE . THE CHALLENGING , THE CHALLENGE OF IMPR OVING ACCESS IS DIFFICULT , BECAUSE THE SITUATION IS COMPLICATED. IT IS COMPLEX. B UT WE CAN MAKE ADE QUATE ACCESS A RE ALITY , WORKING INDIVIDUALLY AND COLLECTIVELY, EACH OF US , E ACH JUDGE , EACH LAWYER CAN ENCOURAGE A YOUNG LAWYER TO DEVOTE TIME TO PRO BONO . I AM HERE PRIMARILY, BECA USE A SE NIOR LAWYER I N M Y FIRM , THE LATE T JOHNSON INTERESTED ME I N WORKINGWITH LEGAL AID IN JACKSONVILLE. THAT WAS IN THE EA RLY '7 0s WHEN I WAS A YO UNG LAWYER. HAD HE NOT MADE EFFORT TO SUPPORT MY INVOLVEMENT, EVEN THOUGH I WAS SUPPORTIVE O F LEGAL AID , I MAY NOT HAVE BEEN INCLINED TO DEV OTE THE TIME AS A YOUNG LAWYER TO DEVOTE THE TIME TO PRO BONO WORK AND AWAY FROM B ILLABLE WORK, WHICH IS OBVIOUSLY WHE RE LAW FIRMS LIKE TO FOCUS YOUR CAREER. IN ADDITION TO WORKING INDIVIDUALLY, I THINK WE HAVE A GREAT OPPORTUNITY TO WORK TOGE THER, TO ADDRESS SOME O F THE MORE SYSTEMIC ACCESS ISSUES. THE 2000 ACCESS TO JUSTICE RETREAT, STUDIED THE ACCESS GOALS AND REA LITIES IN FLORIDA AND CA ME UP WITH A NUMBER OF PROPOSED PROP OSALS A NU MBER O F PROPOSALS WHO WERE V OTED O N BY EVERYONE WHO WAS THERE. ONE OF THOSE DID BECOME A REA LITY, AS THE CHIEF JUSTICE SAID , STATE FUNDING FOR LEGAL AID. THE BAR AND THE COURTS HAVE UNDERTAKEN OTHER OUTSTANDING PROJECTS TO IMPROVE ACCESS. FOR EX AMPLE , I WOULD LIKE TO RECOGNIZE K ELLY JOHNSON AND JANE CURREN. THEY WERE THE DYNAMIC D UO , WITH OTHERS , THAT WILL , THAT DEVELOPED THE NEW "K IDS DESERVE LICENSE" TAG . WHICH THE FLORIDA BAR AND THE FLORIDA BAR FOUNDATION HOPE WILL RAISE A SUBSTANTIAL AM OUNT FOR CHILDREN'S LEGAL SERVICES.THI S IS THE FIRST LIC ENSE PLATE THAT WILL ACTUALLY GO TO PROV IDE ACCESS TO ANYONE , MUCH LESS CHIL DREN WITHOUT ACCESS . ANOTHER KEY PROPOSAL AT THE RETREAT , CAL LED FOR THE C REATION OF AN ACCESS FOR JUSTICE COMMISSION OR TASK FORCE , COMP RISED JUST NOT OF LAWYERS AND JUDGES BUT OF LEADERS FROM THE BUSINESS , PROFESSIONAL AND AC ADEMIC COMMUNITIES AND INCLUDING REPRESENTATIVES FROM THE LEGISLATIVE AND EXECUTIVE BRANCHES. THIS WOULD B E A B ROAD BASED COMMISSION THAT WOULD RECOGNIZE THAT PROVIDING ADEQUATE ACCESS CANNOT BE ACHIEVED JUST BIKE BUY THEBENCH AND BAR. IT JUST BY THE BE NCH AND BAR. IT IS A SOCIETAL PROBLEM WITH SOCIETAL SOLUTIONS, DESPITE THE WONDERFUL PRO B ONO EFFORT S OF OURPROFESSION. THE GOAL WOULD BE TO TAKE A MACRO AP PROACH , EXAMINE V ARIOUS OPTIONS AND THEN A SSIST IN DOING SUCH THIN GS AS THIS , SUCH THINGS AS ARE BEING DONE INDIVIDUALLY THROUGHOUT THE STATE. MANY OVER STATES HAVE FOUND THIS MA NY OTHER STATES HAVE FOUND THIS APPROACH TOBE A WONDERFUL WAY TO GET THE E N TIRE LEGISLATURE BEHIND EFFORTS TO INCREASE ACCESS, AND I BEL IEVE IN ACCESS COMMIS SION SERVING AN IMPORTANT ROLE IN OUR STATE , AND TO OUR LEGAL SYSTEM . NOW , IT IS NOT MY INTENT TO STAND HERE AND TAKE AWAY F ROM OUR CELEBRATION BY NAGGING ABOUT OTHER THINGTHAT IS WE HAVE T O DO , AND I A LSO RECOGNIZ E THAT OUR COMMENTS HERE ARE IN THE NATURE O F SER MON S TO THE CHOIR , FOR G IVEN THELEADERSHIP THAT IS HERE , SERMONS TO A CONVENTION OF CHOIR DIRECTORS . BUT THOSE PEOPLE WHO ARE ASSEMBLED HERE , HAVE SHOWN THAT THEY CAN MAKE A DIFFERENCE, AND SO I WOULD PROPOSE THAT THIS CEREMONY NOT ONLY BE A CELEBRATION OF THE LEGAL PROFESSION 'S CORE VALUES AND I DEALS , BUT , ALSO , T O BE A SPRINGBOARD FOR F UTURE ACTION THAT WILL MAKE THOSE ID EALS AND VA LUES EVEN MORE REAL ITY . BY DOING THAT , OUR PROFESSION WILL BE TTER SERVE SOCIETY.IT WILL, ALSO , EN RICH THE L IVES OF ALL OF US, WHO AREA PART OF IT. IN OTHER WORDS , LET US CAPTURE THE S P IRIT OF TOBY SIMON AND HE NRY LATIMER , NOT JUST TO DAY BUT YEAR-AROUND. THANK YOU V ERY M UCH. [APPLAUSE]

CHIEF JUSTICE: WE INDULGED YOU THIS TIME . THE NE XT AWARD THAT I AM PRIVILEGED TO PRESENT IS TO A LAW FIRM FOR THEIR DISTINGUISHED PRO BONO CONTRIBUTIONS.I HAVE BEEN TO LD THAT THIS IS AN AWARD THAT I S NOT GIVEN EVERY YEAR BUT ONLY WHEN A TRULY DE SERVING FIRM IS NO MINATED . AND THIS FIRM IS REALLY REMARKABLE, NOT JUST BECAUSETHEY ARE A HUSBAND AND WIFE T EAM , BUT THEY ARE TWOLAWYERS WHO HAVE WORKED TOGETHER AND MADE IT THEIR E THIC TO PROVID E PRO BONO SERVICES TO THOSE WHO NEED IT. THEY WERE RECENTLY HONORED BY THE CLEARWATER BAR ASSOCIATION FOR CONTINUING CONTRIBUTION TO SAY GULF COAST LEGAL SERV ICES. I DON'T KNOW WH AT IS IN THE WATER OVER THERE BUT IT SOUNDS PRETTY GOOD , AND THEY , ALSO, HAVE CONTRIBUTED THROUGH PRO BONO PROGRAMS OF THE CLEARW ATER BAR. THEY PARTICIPATE IN THE CLEARWATER LEGAL ASSISTANCE CLINIC, WHICH HELPS PRO BONO LITIGANTS , AND FOLLOWINGHURRICANE CHAR LEY LAST YEAR , THEY BOTH SIGNED UP TO PROVIDE PRO BONO SERVICES THROUGH THE JOINT LEGAL SERVICES PROGRAM DEVELOPED BY F E MA AND THE YOUNG LAWYERS DI VISION OF THEFLORIDA BAR. THEY HAVE , ALSO , CONTRIBUTED IN COUNTLESS OTHER WAYS , THROUGH ACTIVE COMM UNITY SERVICE , AND THES E ARE ONLY A FEW OF THE FIRM'S CONTRIBUTIONS WHICH ARE TOO NUMEROUS TO MENTION. THE COURT NOW RECOGNIZES T HE F IRM OF BARRETT AND BARR ETT , CONSISTING OFTED AND AL ICEN BARRETT , TO APPR OACH THE BENCH AND RECEIVE YOUR AWARDAND SHAKE THE HANDS O F THE JUSTICES AND THEN PROCEED TO THE PO DIUM T O MAKE REMARKS. [APPLAUSE] I DON'T KNOW WHICH ONE OF YOU IS GOING TO T AKE THE PODIUM TO MAKE THE REM ARKS . SAN HOW, WH EN I HEARD OF ALL OF THESE CONTRIBUTIONS, ITHOUGHT YOU WOULD BE MUCH O LDER .

WE HAVE DONE EVERYTHING FOR TW ENTY YEARS TO GETHER. WE WILL KEEP IT GOING. MAY IT PLEASE THE COURT.

CHIEF JUSTICE: IT DOES.

IT IS IMPOSSIBLE FOR US TO TELL YOU THE E MOTIONS AND THE FEELINGS T HAT W E EXPERIENCED, WHEN WE RECEIVED THIS LETTER FROM JUDGE PAR IENTE , A D VISING US THAT WE HAD BEEN SELECTED FOR THIS COMMENDATION . WE ARE PRIVILEGED AND HONORED TO BE HERE TOD AY, JUST WITH OUR FRIENDS AND COLLEAGUES THAT WE KNOW FROM PINE HE WILL US PINE HE WILL AS COUNTY THAT HAVE MEANT SO MUCH TO FROM PINE HE WILL AS COUNTY THAT HAVE FROM PINE HE WILL ES COUNTY FROM PIN ELAS COUNTY, WHO HAVE MEANT SO M UCH TO US OVE R THE YEARS AND WHO WORK WITH US. JAMES VanDERPLUS , IT IS AN HONOR TO BE RECOGNIZED ON THE SAME D AY YOU ARE , FOR THE SECOND TIME. THIS IS ACT UALLY VAN 'S SECOND TOBIAS SIMON AWARD. IS THAT RIGHT ? IT IS ALSO A PLEASURE TO HAVE WITH US , MANY OTHER L OCAL PEOPLE FROM THE PINELLAS COUNTY AREA THAT HAVE ME ANT SO MUCH TO US OVER THE YEARS , LOU QUALL AND R ANDY SA SSER , BOTH HERE, REPRESENTATIVES OF THE CLEARWATER BAR ASSOCIATION, WHO HAVE DONE A MARVELOUS JOB AT THE STATE LEVEL , REPRESENTING OUR BAR ASSOCIATION. SUSAN DEMERCE , L O CAL PROFESSOR FROM ST. PETE COLLEGE , IS H ERE TODAY, AND ATTORNEY WHO HAS DONE SO MUCH FOR THE CLE ARWATER BAR ASSOCIATION . KAREN GRAFT, THE EXECUTIVE DIRECTOR OF THE CLEA RWATER BAR ASSOCIATION, WHICH WILL BE RECOGNIZED LATER, RECEIVING THE VOLUNTARY BAR ASSOCIATION AWARD THIS YEAR. SHELLY JOHNSON, THE C URRENT PRESIDENT OF THE CLEARWATER BAR ASSOCIATION , AND MICHAEL FEINER , PAST PRESIDENT OF THE CLEARWATER BARASSOCIATION, WHO WILL BE MAKING A PRESENTATION LATER , AS , NOW , THE DI RECTOR OF YOUNG LAWYERS DIV ISION OF THE FLORIDA BAR. LAST BUT NOT LEAST, WE WOULD LIKE TO RECOGNIZE AND