by Mike Sharkey
Staff Writer
Fulfilling their annual pro bono obligation may have just gotten a little easier for the area’s criminal defense attorneys. Per The Florida Bar requirement, all lawyers are required to either perform 20 hours of pro bono work or donate $350 to the local legal aid organization which, in Duval County, is Jacksonville Area Legal Aid, Inc.
Last week, Chief Judge Don Moran signed an order adopting the Pro Bono Project of the Florida Association of Criminal Defense Lawyers. In layman’s terms, the order makes it easier for local criminal defense attorneys to meet their pro bono obligation.
Circuit Court Judge Michael Weatherby explained that criminal defense lawyers now have the option of being appointed by the court to a case or have a one-time fee of $400 donated to Legal Aid.
“This is not an order and does not require anything,” explained Weatherby, who’s the administrative judge for the felony division. “The [Florida] Bar already does require lawyers to perform 20 hours or, alternatively, donate $350 to the Bar.”
Weatherby said about six weeks ago Steve Weinbaum, the head of the Jacksonville chapter of the Florida Association of Criminal Defense Lawyers, approached him about an alternative way for criminal defense lawyers to either help Legal Aid financially or the local judicial system with time in their area of expertise. The idea was discussed and eventually approved by the Jacksonville FACDL and endorsed by Moran.
In addition to setting hour and fees parameters, the new policy also stipulates the Northeast Florida chapter of the FACDL will provide Weatherby a list of eligible attorneys, all of whom must be in good standing and have expressed a willingness to participate in the pro bono project.
“It also does two other things,” said Weatherby. “It gives us a source of court-appointed counsel, and we did not have that before. Also, the money donated goes directly to Legal Aid. It sounded like a good idea, they requested it and it’s good for everyone.”
Patricia Vail, the deputy director of Legal Aid, said the decision is good news for her organization.
“Isn’t that cool,” she asked, rhetorically. “We are very excited about it. Legal Aid is only for civil services, not criminal defense. This will make it easy for criminal attorneys to pretty painlessly make their pro bono contribution on an annual basis.”
Neither Weatherby nor Vail would speculate on which type of pro bono contribution was most appreciated. Vail said quite often, it depends on what type of legal counsel is needed.
“We are delighted with their participation, whichever they choose,” said Vail, adding that some attorneys, such as those that help draft wills for senior citizens, provide more of a service by physically helping clients than they would with just a monetary contribution. “But money is equally wonderful. The money does not have the same kind of strings attached that grants do.”
Weatherby said the decision in no way reflects negatively on Jacksonville attorneys and their willingness to fulfill their pro bono obligations. Rather, it just gives locals lawyers an easier, and more direct method by which to contribute.
“The lawyers here in Jacksonville step to the forefront when necessary,” said Weatherby. “Legal Aid is a very important part of service to the community. Some lawyers don’t have enough professional time to do pro bono work, so they may choose to donate money.”