PRESIDENT ’ S MESSAGE
PRESIDENT ’ S MESSAGE
Scott B . Smith 2022-23 PBCBA President
As I begin this President ’ s Message , it is Spring Break 2023 in Palm Beach County . I am not entirely sure what that means for us practicing lawyers here in PBC ( LOL !), but I certainly noticed that everyone else in the Smith household this morning was getting extra sleep as their lawyer husband and father was hurrying out the door to get the day and this message started . Perhaps we will all find some time later in the Spring Break week to get out and enjoy all that Palm Beach County has to offer .
Since the message that I prepared for our last monthly Bulletin , I had the opportunity to appear at the Palm Beach County Courthouse on February 16th in response to a Juror Summons that I received and I also had the good fortune to attend and be the emcee at this year ’ s PBCBA Bench Bar conference that was held on Friday , March 10th . In this President ’ s Message , I ’ d like to talk about both .
First , I respectfully remind all of us that the Sixth Amendment to the U . S . Constitution states “ In all criminal prosecutions , the accused shall enjoy the right to a speedy and public trial , by an impartial jury …” and the Seventh Amendment further states “ In suits at common law … the right of trial by jury shall be preserved .” In addition , Article
I , Section 22 of the Constitution of the State of Florida states “ The right of trial by jury shall be secure to all and remain inviolate .” Article 1 , Section 21 also adds “ The courts shall be open to every person for redress of any injury , and justice shall be administered without sale , denial or delay .” As a result , we have an absolute right to a jury trial in America in Federal and State Courts , and in both criminal and civil matters .
When appearing in response to the Juror Summons that I was issued , I thought about how important the jury trial system is and just how critical it is for those involved in any trials that particular week at the Courthouse . This was the 4th time I had received a Juror Summons here in PBC over the last 25 years . On my three prior occasions , I was called “ upstairs ” to be part of the venire and jury selection process . I was “ selected ” as a juror once in a criminal matter , but no verdict was rendered as the matter resolved during the trial . I was not selected the other two occasions . This time I didn ’ t even make it upstairs as I was Juror Number 64 and only 60 jurors were needed that day . I was sort of bummed about it as I always enjoy watching others choose ( deselect ) their jury .
While at the Jury Assembly Office , and after being discharged , I asked the clerk how many of those summoned to jury service in PBC actually show up to serve as a juror . Sadly , she advised me that less than 25 % of those summoned report for jury duty . This number is not just unfortunate , but entirely unacceptable . As we hear during the reading of the preliminary jury instructions , our country asks very little of us with respect to service . Jury service is one of the very rare instances that our nation asks us to serve for the greater good . I don ’ t have the answer to encourage and compel better attendance at jury duty , but I ’ ll respectfully offer that all of us can remind our family and friends just how important the jury system and jury service are .
Turning to this year ’ s Bench Bar conference , let me start off by saying thank you to everyone who was involved in making this year ’ s event a huge success . First , thank you to Robbie Wight and Jennifer Dinetz who served as co-chairs this year . They did a tremendous job with all of the moving parts and puzzle pieces ! Thank you to Carla and all PBCBA staff for putting together such a massive and successful event . Thank you to all of the Judges and other panelists who so kindly gave of their precious time to help make Palm Beach County an even better and more efficient place to practice law . Thank you to all of our many law firm and business sponsors of the event . Without your generosity , the event simply could not take place . And thank you to the nearly 600 hundred of you who attended the various sessions and lunch program throughout the day .
Please allow me to personally say congratulations to Judge James Nutt , Michael Gelfand , and Scott Richardson for winning their respective prestigious awards at the luncheon . Thank you to all of them for their commitment to mentoring , diversity and professionalism . Last , a huge thank you to Justice Jorge Labarga for delivering the keynote address during the lunch hour . His story is an incredibly moving and inspiring one , and his speech about how lawyers have been at the forefront of thwarting and / or ending inclinations for injustice was nothing short of amazing .
Keep enjoying this great Spring weather in South Florida , help promote jury duty service , and keep fighting against any and all inclinations for injustice !
PBCBA BAR BULLETIN 3