HCBA Lawyer Magazine No. 32, Issue 3 | Page 32

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Government lawyers Section Chairs : ­Christian­Katchuk­ – 13th­Judicial­Circuit­ & ­Lyndsey­Siara­ – 13th­Judicial­Circuit

The Attorney General ’ s General Civil Litigation Division provides trial and appellate level legal representation in state and federal courts to the state , its agencies , and officials . 1 The Division ’ s goal is providing 100 % client satisfaction and producing taxpayer savings by reducing reliance on outside legal services . Statewide , there are over 150 attorneys .

Our Tampa Bureau covers defensive litigation in all the state judicial circuits within the Second and Fifth DCAs , and federal court for the Middle District of Florida . Our diverse mix of cases is my absolute favorite part of the job , because we never know what new and interesting issues the next case will bring . Currently , we defend civil rights cases under 42 U . S . C . § 1983 , tort cases , employment cases , non-employment ADA cases , Baker Act appeals , and constitutional challenges . Correctional officers , judges , prosecutors , public defenders , and FDLE agents are frequent clients . We have seven attorneys , three of whom are new , and I serve as a mentor and training coordinator .
At 8:15 a . m ., I check my calendar to see what my day entails . An afternoon Zoom hearing for a Volusia County case and a morning client conference are today ’ s big agenda items . I have a new federal case representing two correctional officers accused of Eighth Amendment violations and excessive use of force . Use of force cases are usually fact-intensive and cannot be resolved at the motion to dismiss stage . I review some records and it looks like my clients have a very good defense available to them . At our 10:30 a . m . conference , I confirm the validity of the defense and it seems pretty straightforward , I think . I make a plan for discovery and to file a motion for summary judgment .
It is now 11:15 a . m ., and I turn my attention to preparing for my afternoon hearing . I am representing two appellate court judges and an assistant public defender . The plaintiff is unhappy with how his criminal appeal went and has alleged due process violations against the judges and malpractice against the public defender . I review my motion
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ourdiversemixof casesismyabsolute favoritepartofthe job , becausewe neverknowwhat newandinteresting issuesthenextcase willbring .
to dismiss and some case law . At 2:30 p . m ., the hearing starts , and our arguments are well-taken . An hour later , we finish and I get to work on a proposed dismissal order .
At 4:45 p . m ., just as I finish drafting the order and mentally pat myself on the back , litigator life strikes ! A new filing in a federal case where the plaintiff has alleged ADA violations against a state court comes through — it looks important . A hearing is coming up in the underlying state court domestic relations case , and this filing is a motion for a temporary restraining order ( TRO ) asking the federal court to stay it . I ’ ll have to respond quickly . I fire off an email to my client , the court administrator , so he can make the presiding judge aware of the TRO motion and follow up with a call . Tomorrow will bring an interesting day of legal research and , hopefully , no late afternoon surprises . n
1
See Fla . Stat . §§ 16.01 ( 4-5 ).
Author : Eugenia Izmaylova - Florida Office of the Attorney General
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