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Local Government Course Material Fall 2016 Joseph W June 21, 2016 First Assignments: Local Government Law, Fall 2016 Read introductory materials, table of contents, etc. READ HOW THINGS ARE DONE WITH CARE. Read text pages 1-35 to prepare for first several classes. JWL LOCAL GOVERNMENT COURSE MATERIAL FALL 2016 JOSEPH W. LITTLE Tentative Syllabus Local Government Law Fall 2016 J. Little Class # Topic Page Nos. Readings Constitutional and Statutory Supplement 1-2 Introduction i-xxvi Review contents 1-21 3-5 State-County/State 22-35 Art. 2 and 3, Fla. Const. Municipal Relation- ships/Special Acts 6-8 Home Rule 35-69 Art.8 Fla. Const.; Ch.125 and 166. Fla. Stat. 9 Regionalism 69-80 Art. 2, 3 and 8 Fla. Const.; Ch.125, 166. Fla. Stat. 10-12 Organization & 80-121 Art.8 Fla. Const.; Ch.165, Reorganization Ch. 171 Fla. Stat. 13-15 Public Service 122-163 Art.1 §§1-6, 9, 24 Fla. Const.; Am. 1 and 14, US Const. 16 Public Employee 166-171 Ch. 447 Fla. Stat.; A1, §6 Bargaining Fla. Const. 17-18 Contractual and Tort 177-200 §768.28 Fla. Stat. Liabilities 19-20 Constitutional Torts 200-227 Am 14, US Const.; 42 USC §1983 21 Criminal and 228-234 Chapter 112 Fla. Stat. Ethical Liabilities 22-23 Law Making Process 235-256 Fla. Stat. §§ 125.66, 166.041 Fla. Stat. 24-25 Propriety Operations 257-291 Ch. 180 Fla. Stat. 26-27 Limitations on Power 292-314 Substance 28-29 Limitations on Power 315- 344 Procedure 30 Principles of State and 345-361 Article 7, Florida Const. Local Taxation 31-32 General Limitations on 362-388 Article 7, Florida Const.; The Power to Tax Am. 14, U.S. Const. 33-34 Property Tax: Contests; 388-401 Ch. 192 to 200 Fla. Stat. Procedures & Assessments 35-36 Property Tax: Immunities 401-418 Ch. 196 Fla. Stat. & Exemptions 37 Dual Taxation 419-424 Art. 7§§1,9; Art.8 §1(h) Fla. Const: Ch. 125.01 Fla. Stat. 38-40 Bond Financing 425-448 Article 7 Fla. Const., Ch. 125 Fla. Stat. 41-42 Slippage or Sunshine laws Article 1, §24 Fla. Const., §§ 119 and 286.011 Fla. Stat. Class Meeting Times: Tu., Wed., Th. 11:00 a.m., Rm 284. Office Hours: M-F., 4:00pm to 5:00p.m, Suite 287 Final Examination: Wednesday, December 5, 2016, 1:00 pm., Room TBA HOW THINGS ARE DONE 1. Attendance: Regular and punctual attendance is required. No student who has more than 7 absences will be eligible to take the final examination. No student who has a combined total of more than 9 absences plus tardies shall not be eligible to take the final examination. A student is tardy if not seated in the assigned seat at the time the student’s name is called. THE STUDENT IS RESPONSIBLE TO ASSURE THAT A TARDY IS NOT RECORDED AS AN ABSENCE. THE STUDENT IS RESPONSIBLE TO KEEP ACCOUNT OF THE ATTENDANCE RECORD AND IS NOT ENTITLED TO ANY NOTICE OR WARNING THAT LIMITS ARE ABOUT TO BE EXCEEDED. 2. Grading: Performance on the final examination is ordinarily the only basis for the assignment of grades. 3. Decorum: a. No eating, smoking or drinking is permitted in the classroom during class. Any student who breaches this standard will be directed to refrain and to remove offending substances from the classroom. b. Students are to be clean and modestly attired and SHALL NOT WEAR HATS DURING CLASS. c. Decorum consistent with the foregoing standards and with the “Customary and Traditional Conduct and Decorum in the United States District Court” (except for the requirement to stand) and the “Oath of Admission” to the Florida Bar is required. Abidance by these standards is a condition of satisfactory completion of the course. Failure to conform may result in a lowered grade. 4. Laptops: YOU MAY NOT USE LAPTOP COMPUTERS, ELECTRONIC TABLETS, OR OTHER ELECTRONIC DEVICES IN CLASS . 5. You must turn OFF cell phones, smart phones, texting devices, and pagers and all similar devices BEFORE ENTERING the class. 6. You will be permitted to write your examination on your computer. ADDENDUM. CUSTOMARY AND TRADITIONAL CONDUCT AND DECORUM IN THE UNITED STATES DISTRICT COURT (A) The purpose of this addendum is to state for the other counsel and the parties, by their surnames guidance of those heretofore unfamiliar with the and not by their first or given names. traditions of this United States district court certain basic principles concerning courtroom conduct and (7) Counsel should request permission before decorum. These standards are minimal and not all- approaching the bench; and any document inclusive. They are intended to emphasize and counsel wishes to have the court examine should supplement, not supplant or limit, the ethical be handed to the clerk. obligations of counsel under the Code of Professional Responsibility or the time honored customs of (8) Unless opposing counsel has previously been experienced trial counsel. shown exhibits, any exhibit offered in evidence should, at the time of such offer, be handed to (B) When appearing in this United States district opposing counsel. court, all counsel and all persons at counsel table should conduct themselves in the following (9) In making objections, counsel should state customary and traditional manner: only the legal grounds for the objection and should withhold all further comment or argument (1) Stand as court is opened, recessed or unless elaboration is requested by the court. adjourned. (10) In examining a witness, counsel shall not (2) Stand when the jury enters or retires from repeat or echo the answer given by the witness. the courtroom. (11) Offers of, or requests for, a stipulation (3) Stand when addressing, or being addressed should be made privately, not within the hearing by the court. of the jury. (4) Address all remarks to the court, not the (12) In opening statements and in arguments to opposing counsel. the jury, counsel shall not express personal knowledge or opinion concerning any matter in (5) Avoid disparaging personal remarks or issue, shall not read or purport to read from acrimony toward opposing counsel and remain deposition or trial manuscripts, and shall not wholly detached from any ill feeling between the suggest to the jury, directly or indirectly that it litigants or witnesses. may or should request transcripts or the reading of any testimony by the reporter. (6) Refer to all persons, including witnesses, (13) Counsel shall admonish and discourage all persons at counsel table from making gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during the testimony of witnesses, or at any other time. (14) Smoking, eating, food and drink are prohibited in the courtroom at any time. In re The Florida Bar 73 So.3d 149, (Fla. 2011) Recognizing the importance of respectful and civil conduct in the practice of law, we therefore revise the Oath of Admission to The Florida Bar as set forth below. New language is indicated by underscoring. OATH OF ADMISSION I do solemnly swear: I will support the Constitution of the United States and the Constitution of the State of Florida; I will maintain the respect due to courts of justice and judicial officers; I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land; I will employ, for the purpose of maintaining the causes confided in me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law; I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval; To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications; I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone's cause for lucre or malice. So help me God. (Italics added; clauses added 2011) HEART OF LEGAL ETHICS - CANDOR TO THE COURT The heart of all legal ethics is in the lawyer's duty of candor to a tribunal. [FN5 See R. Reg. Fla. Bar 4-3.3(3) (“A lawyer shall not knowingly ... fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel....”).] It is an exacting duty with an imposing burden. Unlike many provisions of the disciplinary rules, which rely on the court or an opposing lawyer for their invocation, the duty of candor depends on self-regulation; every lawyer must spontaneously disclose contrary authority to a tribunal. It is counter-intuitive, cutting against the lawyer's principal role as an advocate. It also operates most inconveniently-that is, when victory seems within grasp. But it is precisely because of these things that the duty is so necessary. Although we have an adversary system of justice, it is one founded on the rule of law. Simply because our system is adversarial does not make it unconcerned with outcomes. Might does not make right, at least in the courtroom. We do not accept the notion that outcomes should depend on who is the most powerful, most eloquent, best dressed, most devious and most persistent with the last word-or, for that matter, who is able to misdirect a judge.
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