SPRING / SUMMER 2021 A Publication of THE FLORIDA SUPREME COURT HISTORICAL SOCIETY ADAPTING AMID CRISIS AND CHANGE AN INTERVIEW WITH WELCOMING HISTORICAL SOCIETY JUSTICE HATCHETT JUSTICE COURIEL JUSTICE HOSTS VIRTUAL HONORED AND PAGE 10 GROSSHANS ANNUAL EVENT REMEMBERED PAGE 14 PAGE 23 PAGE 26 Contents 6 19 31 37 MESSAGE FROM FLORIDA HISTORICAL FLORIDA THE CHIEF JUSTICE LEGAL HISTORY SOCIETY NEWS LEGAL HISTORY The Pandemic All Eyes Turn Remembering Stare Decisis and Beyond to Judge Chief Justice in Florida Chief Justice Barbara Lagoa Gerald Kogan: During the Charles T. Canady Craig Waters A Legal Legend Civil War Who Opened The Honorable 8 21 Florida’s Robert W. Lee FLORIDA SUPREME FLORIDA SUPREME Courts to COURT NEWS COURT NEWS the People Justices Luck 40 Long-Time Craig Waters FLORIDA and Lagoa Florida LEGAL HISTORY Appointed to Supreme Court The Florida the U.S. Court Librarian, 34 Judicial HISTORICAL of Appeals for Billie J. Blaine, SOCIETY NEWS Qualifications the Eleventh Retires Justice James Commission: Circuit Erik Robinson E. Alderman: Its Purpose, Samantha Lowe 1936-2021 Powers, Craig Waters Processes, 23 and Public 10 HISTORICAL FLORIDA SUPREME SOCIETY EVENTS Responsibility COURT NEWS A Supreme 36 Dr. Steven R. Maxwell HISTORICAL An Interview Evening: 2021 SOCIETY NEWS with Florida in the Virtual Remembering Supreme Court World Historical Justice John Hala Sandridge Society D. Couriel Trustee Joseph Raul Alvarez R. Boyd 26 James M. Durant, Jr. HISTORICAL 14 SOCIETY NEWS FLORIDA SUPREME Former Justice COURT NEWS Joseph W. Meet the Hatchett Newest Honored Supreme Court With Society’s Justice: Jamie Lifetime R. Grosshans Achievement Renee E. Thompson Award The Honorable Rosemary Barkett 2 HISTORICAL REVIEW SPRING/SUMMER 2021 EDITOR’S MESSAGE he past year posed several challenges to all of us. I hope you Tand your family are well and that 2021 brought a welcomed new beginning. This issue of theHistorical Review focuses on the great amount of change the Supreme Court of Florida has sustained in the past two years. Since Justices Pariente, Florida Supreme Court Lewis, and Quince retired in January 2019, Historical Society the Court has essentially been in constant transition. Shortly after Justices Barbara Photo by The Workmans SPRING/SUMMER 2021 wearetheworkmans.com Lagoa, Robert Luck, and Carlos Muñiz EDITOR were appointed to replace the retiring Justices, Justices Lagoa and Luck Melanie Kalmanson were appointed to the U.S. Court of Appeals for the Eleventh Circuit. Not long after, the COVID-19 crisis set in. As a result, the Court was EDITORIAL ASSISTANCE left with only five Justices for an extended period of time. Molly Babad • Nora Bailey In the summer of 2020, Governor DeSantis appointed John Couriel Jonathan F. Claussen on the Court. Later, Governor DeSantis appointed Judge Jamie The Honorable Gary Flower Grosshans to the Court, making her the fifth woman to serve on the Shannon Hudson • Danny Humphrey Supreme Court of Florida. Meanwhile, former Justice Lagoa was a Mark A. Miller • Patsy Palmer finalist for the vacancy on the U.S. Supreme Court that was created Steven Robbins by Justice Ruth Bader Ginsburg’s passing. The Florida Supreme Court Historical Society is excited to formally introduce Justices Couriel and DESIGN & LAYOUT Grosshans. We also remember three former Justices: Justice Gerald Kogan, who served as Chief Justice from 1996-1998, Justice Joseph Hatchett, who was the first African-American to serve on the Florida Supreme Court, and Justice James Alderman, who served on the Court from 1978 PUBLISHED BIANNUALLY BY THE through 1985. In addition, we remember Historical Society Trustee FLORIDA SUPREME COURT Joseph R. Boyd, the son of former Justice Joseph Arthur Boyd, Jr. HISTORICAL SOCIETY Thanks for reading! As always, if you are interested in contributing to a future issue, please contact me at [email protected]. Mark A. Miller, Executive Director 1947 Greenwood Drive, Tallahassee, Florida 32303 www.flcourthistory.org • [email protected] The Florida Supreme Court Historical Society works to save and maintain for future generations the records of the people and events that have Melanie Kalmanson, Esq., Editor shaped the evolution of Florida's court system AKERMAN LLP • JACKSONVILLE, FLORIDA from the early 1800s, through the 21st Century, and beyond. The Society is committed to making sure people understand the importance of a strong, independent judiciary in our governmental balance of power. The Society's two-fold mission is to (1) educate the public about the critically important DISCLAIMER work of the courts in protecting personal rights The Florida Supreme Court Historical Society is a non-partisan, and freedoms, as well as in resolving the myriad of non-profit organization that supports free speech and the expression disputes that arise within the state, and (2) preserve the rich history of Florida's judicial system. thereof. The views and opinions expressed in this magazine are solely those of the original authors and contributors and do not necessarily This publication has been sponsored by the members reflect the views of the officers, trustees, and staff of the Historical of the Florida Supreme Court Historical Society. Society, the Florida Supreme Court or any affiliated entity. FLORIDA SUPREME COURT HISTORICAL SOCIETY 3 CONTRIBUTORS James M. Renee E. Raul Alvarez Durant, Jr. Samantha Lowe Erik Robinson Thompson Raul Alvarez is a James M. Durant, Jr., Samantha Lowe is Erik Robinson received Historical Society Trustee Renee E. Thompson construction litigation is board-certified in real currently serving as law his M.A. in Historical is attorney with Lydecker estate law. He represents clerk to the Honorable Administration (Museum an attorney-mediator with Law in Miami, Florida. He property owners and lenders Adam S. Tanenbaum at the and Archive Studies) from Upchurch, Watson, White & represents developers, general throughout the Southeast Florida First District Court Eastern Illinois University. He Max, mediating disputes in contractors, subcontractors, in all phases of residential of Appeal. She was an early directed two historic Illinois Florida and federal courts. design professionals, and and commercial real estate graduate from the Florida courthouses where Abraham She serves as Fifth Circuit product manufacturers in a acquisition, development, State University College of Lincoln practiced law in the Representative on The Florida variety of contexts arising from and sale. Drawing on his Law in the fall of 2019 and 1840s. In 1984, he became Bar Board of Governors, the construction and use of experience with commercial is licensed to practice law in curator at the Museum of and is a former President real property. He graduated transactions, he also both Florida and Illinois. Her Florida History, where he of both The Florida Bar cum laude with a Business Law represents clients in all types interests include criminal directed restoration of the Young Lawyers Division Certificate from the Florida of commercial and probate justice reform, civil rights, Supreme Court chamber and the Marion County State University College of Law litigation, including disputes constitutional law, and in the Old Capitol. In 2005, Bar Association. She also in 2020. There, he also served about contracts and fiduciary appellate law. he became Archivist in the served as inaugural chair of as President of the Cuban obligations. Florida Supreme Court The Florida Bar Leadership American Bar Association and Library. Academy. Managing Editor of the Florida Dr. Steven State University Law Review. The Honorable R. Maxwell Robert W. Lee Hala Sandridge Craig Waters The Honorable Rosemary Barkett Historical Society Trustee Dr. Steven R. Maxwell Historical Society Trustee Historical Society Trustee Judge Robert W. Lee has worked more than 35 Hala Sandridge is board Craig Waters was executive received his law degree with years in state and local certified in appellate practice assistant to Chief Justice honors from the University government, education, and and chairs Buchanan Gerald Kogan from 1996 of Florida, where he was a Judge Rosemary Barkett public affairs broadcasting. Ingersoll & Rooney’s to 1998. He is the current Senior Editor on the Law is a judge on the Iran-United He has served as a public appellate practice group. She director of the Florida Review. While in practice, States Claims Tribunal in member on both the Florida has handled hundreds of state Supreme Court’s Public he received the Individual The Hague. Judge Barkett Judicial Qualifications and federal civil appeals. She Information Office. Attorney Support Award is the only individual Commission and the Florida is immediate past president of from Legal Aid of Broward to have served as a state Board of Bar Examiners The Florida Bar Foundation County for pro bono work trial court judge, a state (FBBE). He continues to and a past chair of The involving mental health appellate court judge, chief serve as an emeritus member Florida Bar Appellate Practice issues. Judge Lee has more justice of a state supreme for the FBBE as well as a Section. She currently serves than 500 published legal court, a federal appellate member of The Florida on the Florida Supreme decisions and has presided court judge, and now also Bar’s Statewide Unlicensed Court Judicial Nominating over more than 350 jury a judge on an international Practice of Law Committee. Commission. trials. On the bench since tribunal. During her 30-year 1998, he is currently an judicial career, she has been acting Circuit Judge and engaged in improving court Administrative Judge of the administration, access to Broward County Court. justice, and promoting Cover Photo by Tori Lynn Schneider judicial education. 4 HISTORICAL REVIEW SPRING/SUMMER 2021 From the President elcome to the Spring/Summer issue of the sad news that Justice James Alderman had passed at the Florida Supreme Court Historical the age of 84. Justice Alderman served on the Court from Society’s Historical Review magazine. This 1978 to 1985 before returning to his family’s cattle ranch Wissue focuses on the extensive changes in Okeechobee, Florida.