CABA BRIEFS The Magazine of the Cuban American Bar Association SPRING 2009 IS GAY THE NEW BLACK? The controversy over Judge Cindy Lederman’s decision to allow gay couples to adopt. CABA Installation Gala 2009 [ C A B A B R I E F S S P R I N G 2 0 0 9 ] Contents F E A T U R E S P I C T O R I A L S 2 President’s Message Roland Sánchez-Medina, Jr. 10 CABA Installation Gala 3 Editor’s Message Augusto R. López 40 CABA/HNBA Cocktail 5 The Law Review Ed Guedes 42 HNBA Moot Court 24 Is Gay The New Black? Augusto R. López 56 Spring Mentor Reception 32 Open Forum On Gay Adoption 62 CABA Pro Bono Breakfast 45 Gov. Crist’s Appointments Armando Rosquete 51 Judicial Review Tim Ravich 54 Justice Jorge Labarga Roland Sánchez-Medina, Jr. 64 Que Pasa CABA? Manuel Crespo, Jr. President, Roland Sánchez-Medina, Jr. Editor-in-Chief, Augusto R. López President-Elect, Manuel Garcia-Linares Immediate Past President, Marlene Quintana CABA Briefs Committee Vice President, Manuel L. Crespo, Jr. Manuel L. Crespo, Jr. Vice President, Sandra M. Ferrera Sandra M. Ferrera Secretary, Anna M. Hernández Stephen García-Vidal Treasurer, Vivian De La Cuevas-Diaz Monica Gordo Board of Directors: Anna M. Hernández Nelson C. Bellido, Raul J. Chacón, Jr., Monica Gordo, Javier López, Ariadna Hernández Ricardo Martinez-Cid, Victoria Mendez, Nicole Mestre & Monica Segura Monica Segura CABA Briefs is published by the Cuban American Bar Association. No portion of this publication may be reproduced without prior written consent from the publisher. All rights reserved. SPRING 2009 | CABA BRIEFS 1 [ P R E S I D E N T ‘ S M E S S A G E ] Correcting Misperceptions The amicus briefs filed on behalf of Petitioners in Campa and the gross generalizations contained therein. or over thirty years CABA has strived to We must do more as lawyers to educate those make way for its members in the legal com- outside of our community as to who we are, and munity. Along the way, its members have what Cuban Americans stand for as law abiding F worked hard to make a difference in the residents and citizens of this country. Many of community at large serving as both exam- our members were surprised and saddened by ples of, and advocates for, equal opportunity and commentary concerning our community con- access. tained in an amicus brief filed by the Howard University School of Law in the matter of Campa, Given the enormous strides et al. v. United States of America, we have made over the years, (currently on Petition for a Writ and the unmistakable mark our of Certiorari before The U.S. Su- culture and society has made in preme Court). In their brief, the Miami, it is sometimes easy to authors (despite a number of forget that there remains much half-hearted qualifying state- work to be done. CABA is con- ments) liken the atmosphere in sidered by many to be one of the Miami to the ‘Jim Crow society’ preeminent voluntary bars in the in the pre-civil rights South, state, and it is one of the largest when it comes to dissident voices and most influential minority within the anti-Castro move- bars. As such, we have an obliga- ment. Apparently, these authors tion to help our sister minority cannot conceive that an impartial bars address continuing inequi- and fair jury can be assembled ties in our community, and espe- from a cross section of our com- cially in other areas in munity to sit in judg- the state and country. By Roland Sánchez-Medina, Jr. ment of individuals ac- We recently had the cused of being spies for good fortune and privilege of hosting a reception the Castro regime. fofor the Hispanic National Bar Association while ththeyey were in MMiamiiami for their moot court competi- To be sure, the Howard amicus brief is not the tition,on, and were remindedreminded of thethe sstrugglestr g our only one of its kind, there were several more of fefellowllow Hispanics face in other areas of the cocoun-un- itsits ilk filed (copies may be downloaded from trtry,y, which sometimes seem like ancient history www.cabaonline.com).www.cabaonline.com) It is highlighted here, heherere in Miami. We must do however, because it shows thethe needneed forf us to more.more. reach beyond our immediate environs and mamakeke an impact on a broader scale, if only to continue educating the public as to who Cuban Americans are today --- even if we think the beneficiaries ofof ouourr efforts should know better. Let us all ac-ac- titivelyvely contribute to CABA’s mission and continue pressing forward. OuOurr work is far from dondone.e. [email protected] 2 CABA BRIEFS | SPRING 2009 [ E D I T O R ‘ S M E S S A G E ] Why Gay Adoption? Clashing opinions on whether or not we should have run a piece on gay rights. realize that the cover story of this issue of crimination and racism that was being practiced CABA Briefs will be discomfiting to some against Hispanic lawyers by those whom did not I readers, and I am glad that prior to publica- feel that brown and black-skinned folks de- tion I circulated an email to several friends served, or were worthy of, a seat at the table. In and colleagues soliciting their feedback with re- that context, we spoke about what a wonderful gards to same. Though I was heartened by the opportunity this was for CABA to once again overwhelmingly positive response that I re- become a beacon of enlightenment on a legal ceived, more than a few thoughtful individuals issue -- a civil rights issue -- that unfortunately, expressed concern that the topic far too many people feel is just of gay rights with respect to too incendiary to be addressed adoption and marriage was a openly. It is our hope that by ad- highly personal one and might dressing this topic here within prove divisive and damaging to our pages, we can at least begin our venerable organization. to have a conversation that will hopefully lead us in the right di- While I agree that human rection. sexuality is a highly personal issue better left to the privacy of On a Lighter Note. As you may one’s bedroom, it has become have noticed, I have taken the lib- clear that the status and treat- erty of redesigning the look of ment of homosexuals in the eyes our magazine a bit. I am grateful of the law is the civil rights issue to last year’s editor, Manny of our time. Furthermore, legal Crespo, Jr., for paving the way by questions that are forced into radically transforming CABA the public forum by judicial de- By Augusto R. López Briefs in innovative and creative cisions -- such as the ruling by ways, allowing me to make Miami-Dade Circuit Court Judge Cindy Leder- some creative adjustments of my own. I am also man declaring Florida’s ban on gay adoption un- grateful to this year’s CABA Board for affording constitutional -- or by proposed legislation -- me the opportunity to serve as editor, and for en- such as the bills introduced by Florida Senator couraging the pursuit of substantive legal issues Nan Rich aimed at overturning Florida’s statuto- affecting our community. ry ban on gay adoption – raise precisely the sorts of issues that organizations of the stature and im- Finally, I’d like to thank all of those who con- portance of the Cuban American Bar Association tributed to the content of this issue, specifically should be confronting head-on. Ed Guedes for his trenchant “Law Review” sec- tion, Armando Rosquete for his piece on the four Though I have done my best to refrain from new Florida Supreme Court Justices, Roland Sán- editorializing within the pages of the magazine chez-Medina for his profile of Justice Jorge La- proper, I will briefly indulge myself here and barga and Tim Ravich for his timely article on offer some thoughts related to a conversation our judicial selection process. I hope that you that I had with CABA Past President, Arturo Al- enjoy this, your Spring 2009 issue of CABA varez, whom I greatly admire. He reminded me Briefs, and I encourage you to send comments – that CABA was formed as a reaction to the dis- positive or negative – to [email protected]. SPRING 2009 | CABA BRIEFS 3 [ T H E C O U R T S ] Law Review Recent appellate court decisions and how they affect you. his column is intended to provide CABA default and entered final judgment against them. members with an update of recent case law The defendants appealed asserting, principally, T decided by the state and federal appellate that the sanctions (1) were constitutionally im- courts, which might be of interest. The listing is permissible because they punished the defen- by no means intended to be exhaustive, and in dant for invoking the Fifth Amendment, and (2) this instance, will focus entirely on recent Elev- were unduly harsh in light of the availability of enth Circuit decisions. lesser sanctions. The Eleventh Circuit affirmed on all grounds. Eagle Hospital Physicians, LLC v. SRG Consulting, Inc., ___ F.3d The Eleventh Circuit reiterat- ___, 2009 WL 613603 (11th Cir. ed that it is constitutionally per- Mar. 12, 2009) missible in a civil proceeding to draw inferences from the invoca- Lest anyone forget – there tion of the Fifth Amendment pro- may be consequences from in- vided the inference that is drawn voking the Fifth Amendment does not supply a necessary ele- during civil proceedings.