Justin Case, WANTED, Dead or Alive

I hear about this guy, Justin Case, all the time. He is everyone's default and excuse. Usually when I ask someone why they follow a particular procedure, they refer me to Justin. Perhaps Justin should not trouble me so, because it is perhaps better safe than sorry.

Certified Mail is not in this category though. A single certified mailing was $5.75, but the U.S. Postal Service has recently offered a special price of "only" $4.12 per delivery (should we be suspicious when a monopoly offers a discount?). Pursuant to statute, each Petition for Benefits (PFB) must be served on the Employer and the Carrier by Certified Mail, or such "electronic means approved by the Deputy Chief Judge." in fiscal year 2012 61,354 PFB were filed. This represented a certified mailing expense to the Carriers of $252,778.48 (61,354 x $4.12) to $352,785.50 (61,354 x $5.75). The expense of Certified Mail to the Employers roughly doubled this amount. Side note, without the e-JCC allowance for electronic PFB, that figure would be tripled, instead, or $758,335.44 To $1,058,356.50)

Certified mail is similarly required for Responses to PFBs (RPFB). These are to be provided by certified mail to "to the filing party, employer, and claimant by certified mail." In most instances, the claimant is the filing party. The Carrier is likely to file RPFB in response to about half of the PFB filed (this is statistically true, but it is unclear why each PFB does not generate a response). The certified mail expense of these responses is between $252,778.48 (30,677 x $4.12 x 2) and $352,785.50 (30,677 x $5.75 x 2).

This means that a minimum of $758,335.44 ($252,778.48 PFB to Carriers, $252,778.48 PFB to Employers, $252,778.48 RPFB to Claimants and Employers) was spent on U.S. Certified Mail in fiscal 2012. It was likely much higher.

When you e-file your PFB or RPFB, the new e-JCC e-service Portal allows you to serve this on the opposing parties, at least through their attorneys. This is a free service, eliminating 100% of the cost of Certified Mail “to the filing party.” As the program evolves, we hope to add the Employer email addresses also, leading to further savings for injured workers. I can accept that smaller employers will not register with the OJCC, but I am as confident that the larger Employers will register.

Despite this cost savings, several attorneys have told me that they will continue to send Certified mail copies in addition to e-service, "Justin Case." As noted above, this guy Justin can drive you crazy sometimes. I cannot recommend this Certified Mail practice, even with the "better safe than sorry" admonition. If anything, send Justin Case a copy by separate email through your own e-mail, like Outlook, with a return receipt to show you when it was received. If this process is selected, I recommend sending a PDF image instead of a link with this second email.

Carriers likely have email addresses for their insureds (their clients) already, and can enjoy even greater savings on their Responses to Petitions for Benefits (RPFB), by serving the filing party (Claimant) and the employer through the e-JCC portal.

Perhaps Justin should not trouble me so, because it is perhaps better safe than sorry. Spending a million dollars a year on Justin is not necessary. Filers receive the same confirmation that their filing was received. To understand how, see How Will I Know.

There is no reason to burden clients with the cost of Certified Mail with Petitions and Responses any longer. Let Justin find a new purpose in life. And, just think, if everyone follows my advice, and every state follows Florida’s lead, the U.S. Postal Service may just discount their Certified Mail prices further. 

And in that regard, it is likely that the OJCC e-service came to the market similarly Justin Time. Use it, and save your money.

Your Name is your Greatest Asset

Disclaimer, the case discussed here is not before me, it is a circuit case with which I am nonetheless familiar. The subpoena discussed was served on the Clerk of the Division of Administrative Hearings.

The records custodian was served with a subpoena for trial. This compelled live attendance of the witness over four hundred miles away, just four business days later (the next Monday). Curiously, the documents listed in the subpoena had already been produced months before. All of the documents were produced under seal, so they were all self-authenticated. It was unclear what benefit could be gained from the custodian’s attendance. 

The OJCC counsel (the custodian’s attorney) called the issuing attorney. Emails were sent; messages were left. Calls were not returned. Counsel for the custodian puts aside that day’s work and drafted a motion to quash. Following the rules, more calls were made to discuss the dispute and the motion in good faith before filing. As Phil Collins said, “there's no reply at all, there's no reply at all.” On four days notice, it was impossible to get a hearing on the motion. The OJCC counsel filed it, unsuccessfully asked for a hearing, and left the office for the weekend. 

Monday came and went without any word from the issuer. The records custodian did not travel to the trial venue. She could not have, because she was on scheduled leave that Monday, something planned long before the delivery of this subpoena four business days before trial. 

The lack of inquiry or contact from the subpoena issuer on Monday was odd, and the subject of some curious discussion that day. Then the curiosity faded with time. Months later, in February, the subpoena issuer sends a letter and tells the custodian that she is still under subpoena and the trial will be next week (5 business days notice this time). No acknowledgement of the objection, the motion to quash or the unreasonableness of the requested presence. 

History has taught that this subpoena issuer does not respond to phone calls or emails or motions. I write a letter to the subpoena issuer, with copies to some partners in the firm. The situation is described and conclusions are stated, essentially that the behavior is inappropriate, unprofessional and unappreciated. 

I noted in the letter that our Supreme Court revised the Attorney Oath of Admission in 2011. At that time they added “to opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.” The motivation for this change is discussed in a Bar News article by Jan Pudlow, essentially “lawyers don’t always play nice.”

The subpoena issuer called back within minutes of my emailing this letter, our first return call. He starts with “I just got this file,” and “I saw the motion to quash in the file, but do not know why it was not responded to when received.” I point out to him that he signed and issued the subpoena himself months ago; he was served with the motion; he was repeatedly called last fall. The “I just got the file” is not going to fly.

He moves to “I signed it, but I sign lots of things,” and suggests that this is all the paralegal’s fault. He promises to counsel her on such situations. This “just because I signed it doesn’t make me responsible” argument is meritless. I reject it out of hand and explain that as the attorney he is responsible for any actions by the paralegal. I also point out that we called repeatedly last fall, and that he knew then of the problem.

He moves next to “I never got any calls.” I offer to get the phone records that document the calls to his office. He retreats to “I never got any messages.” I remind him that he was served with the Motion to quash, and I ask again why he never called or responded upon receipt. He realizes that his “I never got any messages” argument is also not going to fly.

He finally retreats to “let me explain the situation to you.”And then proceeds with “I had been on the job a month then (last fall); I am a newly admitted lawyer after taking the bar exam last July; I was overwhelmed when this and other files were dumped on me.” He gets no sympathy in reply. The “feel sorry for me” argument is his best yet. 

I did feel a bit sorry for him, but that is not the point. The point is he has finally told me the truth. I therefore readily accepted his apology and took him at his word that he will release the clerk from the subpoena. 

I then stepped out of Deputy Chief Judge mode and slipped into mentor mode. I briefly explain (1) it is never your staff’s fault, monitoring them is your job. (2) Reviewing incoming pleadings is your job. (3) Returning phone messages is your job. (4) Being courteous to parties and non-parties is your job. (5) Fixing problems is your job. 

I cautioned him that I have known some good attorneys who were disbarred or suspended because their subordinates or staff acted inappropriately. I tell him of others I have seen disciplined for neglecting responsibilities, like returning phone calls. 

I cautioned this young attorney that in this profession our word must be our bond and pointed out the disingenuous (at best) representations he had just made to me of “I just got this file,” which were not true. I reminded him that the only thing he would ever have worth anything in this profession would be his name, reputation and integrity.

I hope I got through to him. There is no room in this profession for discourtesy. When you are on the cusp of trial, certainly issue your subpoenas. Certainly prepare. Certainly be aggressive. But do not forego the courtesy. Some of the most effective trial lawyers I have ever seen were the most courteous with witnesses and parties, even as they eviscerated them on cross. A phone call takes little or no time. The Attorney Oath pledges “fairness, integrity, and civility,” to opposing parties and their attorneys. I pointed out to this young lawyer that no less is appropriate when dealing with witnesses and others. 

Do you wonder why attorneys have the reputation that we do? Gallup took a poll and asked “how you would rate the honesty and ethical standards of people” in various fields. Eighty-five percent of respondents rated Nurses “very high.” Police officers received 58% “very high.” Chiropractors received only 38%. Journalists received only 24%. Attorneys? We received only 19%. At least more people rated attorneys “very high” than they rated Insurance Salespeople (15%), Senators (14%), HMO Managers (12%), Stockbrokers (11%), Advertisers (11%), Members of Congress (10%) and Car Salespeople (8%). 

Lawyers cannot lie (“I just got this file”). Lawyers cannot equivocate (it’s the paralegal’s fault). I make mistakes every day. My workload is sometimes unbearable and that’s an excuse. But in the end, I just make mistakes. I am human. I recognize and accept that you are also. I expect you will make mistakes and overlook things. I will forgive you, and ask the same of you. 

I hope you will join me in accepting these mistakes we make. Own them, admit them, then fix them. I am happy with people if they want to fault me for being imperfect; I can live with that. I cannot accept that people would find me dishonest or unethical however. The “little white lies” lead to bigger problems. There is a workers’ compensation lawyer in Florida whose mother passed away three times in one year recently. Tragic. He got each of his three continuances; he lost his reputation in the process. 

What do you care about? I hope you will join me in putting integrity, honesty, civility and courtesy at the top of the list. Whether you are dealing with other attorneys, witnesses, or the public, our civility and courtesy will say it all. As we each act individually, so will the public perceive our profession. Life is too short, and your name is your greatest asset.

West Palm Beach is Moving

The OJCC is so fortunate to have the team we have. Specifically, in this instance, the support team. For over a year, the Administrative Services department at the Division of Administrative Hearings has been working to secure office space for our West Palm Beach District Office. The construction is underway. On April 1, 2013, the West Palm District will be in new surroundings at

One Clearlake Centre, Suite 200

250 S. Australian Avenue

West Palm Beach, Florida 33401

Phone: 561-650-1040 

The new surroundings will be different than our old premises. The public areas of the office will include hearing rooms, videoteleconference hearing rooms and mediation rooms. Staff work areas will not be accessible to the public however. This will make West Palm Beach consistent with the format that we have been using with all of our office relocations over the last ten years. 

Make a note about the date. If you receive a notice of a proceeding, trial or mediation to occur before the West Palm judges or mediators after April 1, 2013, note that the proceedings will be at this new address. 

We will have free parking in the attached garage (so you don't have to go out in the weather when entering or leaving the office). Remember to get your parking ticket validated so that you do not have to pay as you exit. 

There is a nice coffee-shop in the ground floor of the building. The view of the lake from there is quite pleasant. A great place to meet prior to or after a mediation or hearing. 

Overall, I think you will find the new location most accommodating. I look forward to your feedback on the new District Office. 

DAY Nominees Named

The Statewide Judicial Nominating Commission met February 11, 2013 in Orlando.

Four Judges sought nomination for reappointment. Judges Beck (SAR), Hill (GNS), Remsnyder (MEL) and Roesch (PMC) were unanimously nominated for reappointment to their respective positions.

A fine group of applicants sought nomination to the position of Judge of  Compensation Claims in Daytona. The Commission has had the chance to interview several of these individuals before as recent vacancies occurred in Jacksonville, Melbourne, and Lakeland.

I am consistently struck by the tremendous level of experience that comes to the table when we have an OJCC vacancy.  The volume of applicants is variable, but the quality is consistent. I am encouraged when individuals with this level of experience, in comp and in life, are willing to step forward and undertake what I think is one of the most professionally rewarding careers in law.

After a long day of interviews, the Commission voted to nominate Wilbur Anderson of Daytona Beach, Robert Dietz and Steven Pyle, both of Orlando. To have prevailed in this interview process, against such stellar completion is worthy of compliment. However, all of the applicants are to be complimented for their willingness to serve and commitment to our system.

The next step in this process will be interviews at the Governor’s Office. If you have a perspective to share regarding these nominees, I encourage you to write to Governor Scott. If you do not engage in the process, it is hard to expect to be heard later if you are disappointed in the outcome.  

OJCC WCI Seminar, Tallahassee

We had a great program last Friday. The First District Court of Appeal hosted our program. The Workers' Compensation Institute provided support, lunch, and logistical support. Our presenters were exceptional. James McConnaughhay or WCI kicked the program off. First District Court Chief Judge Robert Benton welcomed the attendees and reiterated the importance of both the workers' compensation system and the effort to continually refresh skills through educational opportunities.

Judge John Lazzara organized the program and was our master of ceremonies. Judge Lazzara deserves all of the credit for making this program a reality.

Our presenters included Steve Coonrod, Mary Cruickshank, Randall Porche, Tara Sa'id, Jake Schickel, Christopher Smith, OJCC State Mediators Susan Bisbee, Alan Gordon, Workers' Compensation Judges Beck (SAR), Condry (ORL), Lazzara (TLH), Lewis (FTL), Medina-Shore (MIA), and Sojourner (LKL), and First District Court Judges Ervin (retired) and Wetherell.

The team from Resource Managers Incorporated provided on site logistical support. Kathy Shelton and her team set up, monitored audio visual technology, organized breakfast, lunch and snacks. Our thanks to Kathy, Cathy Bowman, Woody Douglas, and Shirley Kendall. The program would not have succeeded without them.

The Division of Administrative Hearings provided logistical support with the live program and the recording and playback processes. Our thanks to Administrative Services Director Lisa Mustain and her team. They coordinated our videoteleconference sites, arranged the recording, broadcast the recording, prepared the handout materials, and anticipated and solved a myriad of issues with the program preparation.

Six hours of CLE credit were available for those that attended live in Tallahassee. The Florida Bar CLE credit number for this six hour program is 1301008N (New Reality of Workers' Compensation Litigation; 6 hours total, 1 hour of ethics, 4.5 hours Board Certification in Workers' Compensation).

The OJCC recorded and rebroadcast the ethics panel over the OJCC video teleconference system at noon on Friday. Viewers attended in Miami, Ft. Myers, Port St. Lucie, Orlando and Tampa. The video will be made available on Youtube soon. If you want a copy of the printed program materials mentioned by the panelists, email me david.langham@doah.state.fl.us. The Florida Bar CLE credit number for this one hour recorded program is 1301009N (Judicial Panel Discussion of Ethical Practices; 1 hour general or 1 hour ethics).

I am thankful to all who participated Friday. Through educational opportunities like this we all grow. I learned things Friday that I will use for the rest of my career; I hope you did too. It is my hope we can continue to enjoy the partnership of WCI and the Court. We look forward to presenting more programs like this in coming years.

The Section Announces New Website

Have you seen the new website for The Workers’ Compensation Section of The Florida Bar? I had the opportunity to preview it as I waited in an airport Friday night. The new site is a dramatic change. http://www.flworkerscomp.org/

I also had the chance to reminisce with some attorneys at the Section Executive Council meeting last Friday. The new website has been a long time coming, and I am proud of the Section. I am particularly proud of the chairs that have facilitated this in recent years. I am certain I am missing some people, but Jeff Jacobs, Dawn Traverso, and Chair-Elect Christopher Smith jump to mind.

It is also appropriate to acknowledge the efforts of Martin Liebowitz, Executive Committee member from Jacksonville. His efforts in leading the Section’s adoption and leveraging of technology have been herculean. Change is never easy, and I have witnessed the Section’s transitions through various stages of technology in the last 15 years. Much of what we have seen has come to pass in this regard has been because of Martin’s leadership and vision. He is to be congratulated.

One of the changes is the new blog section of the site. The Executive Council has graciously offered me space for a blog on this new website. I am pleased and excited about this new opportunity. There is much to be noted as we pass our time in this thing we call Comp. Much of it slides past us in the current of commitments and obligations we have, and the necessity of earning a living. 

I would like to celebrate your mileposts however, if you will tell me about them. When someone achieves a milepost (30 years of practice), or achievement (presented a CLE program, was honored by an organization, prevailed on an interesting case, achieved Board Certification, etc.), if you bring it to my attention, I will do my best to get it out to the world on this new blog platform.

I came away from the meeting Friday with continued enthusiasm about the relationship that has developed between the bench and bar. I think we have “come a long way baby,” and I hope you all will “hang in there.” We can accomplish much together. I think we prove this every day. I believe good days lie ahead of us, and I look forward to doing what I can to make sure this is true. 

Free Seminar Next Month - Register NOW

The OJCC is presenting a free CLE program: 

The New Reality of Workers’ Compensation Litigation in 2013 

This will be February 8, 2013 at the Florida First District Court of Appeal in Tallahassee. This program is sponsored by the Workers' Compensation Institute and the OJCC. Details are in the December WCI newsletter: 

http://www.wci360.com/files/uploads/Dec-012-WCI_News.pdf

Or, email me for more information david.langham@doah.state.fl.us 

There are limited seats available, and we are rapidly closing in on our limit. If you are interested in attending, please visit the link above, print the registration form, and get it submitted to WCI as soon as practical. We look forward to seeing you there!

Are You a Mentor

I was humbled last week to share a meal with an amazing group of people. To a person, the room was filled with names that are synonymous with Florida workers’ compensation. Certainly, each has faults or flaws, everybody does. But, these luminaries have had their names on doors in this state since I can remember, although that is not that long. This was the Workers’ Compensation Institute Hall of Fame, the second annual induction dinner. The event was held in Miami this year, with the planning and organizational efforts of Ray Malca and Steve Rissman.

I heard a great many stories about the way workers’ compensation used to be, and the “good old days.” I do not doubt those stories for a minute, and I respect the way in which all of the Hall members revere those who came before, those who have passed, and those who have brought texture to the fabric of this practice. I have to balance those recollections against the refrains of today, that “comp is dying,” or ‘it isn’t fair.” Certainly workers’ compensation is not easy. However, I am reminded of the line from a Billy Joel song in which he reminds “the good old days weren’t all that good, and tomorrow ain’t as bad as it seems.”

The role that these Hall members have played in the development of Florida Workers’ Compensation is dramatic. Around the table at dinner, I saw those who have represented parties in (now) famous cases, founded little law firms that became statewide, dedicated careers to developing successful insurance companies, lobbied for change, served the state, wrote articles and gave speeches. All important, helpful, and gratefully acknowledged. Bravo ladies and gentlemen.

Despite these fine accolades and contributions, not their best work in my opinion. These are what you may know them by. But as I listen to stories around the table, I was struck by the contributions each has made to other people. One attorney raised his glass last Friday to another and said “you made me the lawyer I am.” When it all comes to rest, I suggest, the people are more important than the accolades and achievements. This is nothing new, and I realize I am echoing old sentiments about the importance of touching other people.

Our agency rolled out electronic service last week. Immediately, I began getting emails from attorneys who could not find the carrier they needed in the list on our e-JCC platform. We asked in October for the data to make this list complete. Some carriers provided it, others did not. Lives are busy, I get it. I started calling carriers. At one, the lady who answered the phone was an adjuster I worked with years ago. At another, I happened to reach a claims manager who also had been an adjuster I worked with in the 90s. Days later, yet another representative responded to an email request and turned out to be yet another. She took the time to reminisce a few minutes with me about the 90s and our work for an employer in Jacksonville. That employer is gone, I have lost track of the people, but it was nice to remember.

My point? Each of those people reminded me how I learned to be the lawyer that I was. Those people changed me, mostly for the better. I remember writing a magnificent opinion letter, as a young lawyer, describing the many reasons my client’s employee’s death claim would never prevail at trial and why it should be denied. Like the narrator describes in “Alice’s Restaurant,” I had everything I needed to win (my letter took longer to read than Arlo’s 26 minute rendition). After reading my letter, the client asked me a question that I recalled many times thereafter as an attorney, “yeah Dave, but is it right?” My client paid me for my fine letter, and then paid the widow for the death benefits. It was the right thing to do.

Still don’t get the point? The most compelling stories from the Hall dinner, to me; the “best work,” to me, of those Hall members sitting around the table? That most of these workers’ compensation icons was a mentor, and many still are. Their “best work,” in my opinion, is the extent to which each has obviously and repeatedly touched the lives of other attorneys, adjusters, and paraprofessionals, struggling to balance the challenges and obligations of this fine profession.

When you help someone, there is a direct and practical value transferred. More important, you set an example which should motivate that person to, in turn, help someone else. Thus each of these Hall icons, with each person mentored, has mentored so many more. I consider this their “best work” because, as I said, workers’ compensation is not easy, nor is life. It can be easier, though, if you have a few good mentors or role models. We certainly have much to thank the Hall members for, over the course of (collectively) hundreds of years of service. However, what I want to specifically thank them each for is the contributions they have made mentoring.

Too few attorneys seek a place in workers’ compensation. Too many are leaving the practice. The reasons are varied. Past is the day when I met many fresh faces at the WCI conference each August. Despite this, there are young people around us, some in comp and others in our community. If we are to be measured a success, I would suggest that the best benchmark may be how much you do to assist and advise these young people, such that they may grow and become tomorrow’s icons.  Have you mentored someone today?

Applicants for Daytona Vacancy

The deadline for applications for appointment as Judge of Compensation Claims in Daytona Beach was January 17, 2013. 

The applicants are:

Jane C. Almy-Loewinger
Wilbur Anderson
Robert L. Dietz
Bruce A. Epple
Mark A. Massey (withdrawn)
Clay Meek
Keef Owens
Steven P. Pyle
Timothy S. Stanton
Michael F. Wilkes

The interviews by the Statewide Judicial Nominating Commission will be February 11, 2013 at the Airport Hyatt Regency, inside Orlando International Airport. The notice is here 

Check the Notice for details of the procedure from this point forward. As always, feel free to email me david.langham@doah.state.fl.us, or call 850.595.6310 x 108.

Comings and Goings

Not long ago, I took to this Blog to discuss the departure of Thomas Portuallo, a long-serving Florida  Judge of Compensation Claims.  I described my feelings about Judge Portuallo and his service to this State. I write today to thank another icon of our organization, Judge Alan Kuker, and to congratulate and thank others (more on that later).  Judge Kuker was appointed Judge of Compensation Claims in 1973 by Ruben Askew. He thereafter served continuously for forty years in District MIA, leaving an indelible mark on the history of Florida’s workers’ compensation adjudication process. Judge Kuker’s term is expiring, and he will not be serving another.

As I mentioned in the Blog regarding Judge Portuallo, none of us is irreplaceable. Someone will have large shoes to fill indeed when she or he replaces Judge Kuker in Miami. His departure is the end of an era in South Florida. Judge Kuker has seen the time of Deputy Commissioners and JCCs, the First District and the Industrial Relations Commission (IRC). In fact, by special designation, Judge Kuker presided as a part of an IRC panel several years ago with Leander Shaw, Jr., who would go on to serve as a Florida Supreme Court Chief Justice.

 The OJCC will miss Judge Kuker and his positive contributions to the adjudication process. His persistence and fortitude are an inspiration to all who would hold the job of JCC.  To devote one’s career to this job, over the span of 30 years, cannot have been an easy task. Believe it or not, being a JCC can be a thankless job some days. Judge Kuker told me repeatedly, though, that he loved the job and greatly enjoyed what he was doing.

One reason that being a JCC is sometimes frustrating is in the nature of our system. In civil cases and criminal cases, there is usually a clear victor. The extent of victory is perhaps debatable in those contexts, but usually, there is a winner and that party emerges from the process pleased. Not always so in workers’ compensation. Because of the serial nature of claims, it is not uncommon for both sides to leave a hearing upset or even angry.

I recall a case in which a claimant sought multiple benefits; the Carrier denied and asserted the so-called “fraud” defense. The judge denied the benefits and declined to ban the worker’s potential future benefits, by declining to rule against the claimant on the misrepresentation. The Judge simply elected not to address “fraud” and thereby denied the defense. The carrier, having prevailed, owing no claimed benefits, appealed to the Court seeking an order compelling the Judge to rule on the misrepresentation. They lost again. The point though, is that in that case all parties were displeased with the trial result. Neither party felt they were the victor. All parties were mad at the judge and mad at the system, and dissatisfied. Some of them told me so.

I hear complaints from attorneys, injured workers, adjusters, risk managers, employers, doctors (well, you get the picture) about workers’ compensation generally and the adjudication process specifically. No one would tell you our system is perfect. What each might wish to change, however, varies. But returning to the point, it is not easy being a JCC. Knowing we are engaged in a difficult and sometimes thankless job, we are proud and excited to welcome Judge Massey to our ranks soon. Congratulations Mr. Massey! Governor Scott appointed him to serve in Tampa, replacing Judge Joe Murphy, upon his retirement. This week Governor Scott also reappointed Judges D’Ambrosio (WPB) and Rosen (STP) for four more years. Congratulations Judges! We are proud of them all.

During the twelve years since I was appointed in PNS, Judges have left the bench, and the OJCC is not the same as it was. I could write an entire Blog page about each of those who have departed, and perhaps someday I shall. For today, though, it has been my personal pleasure to know Judge Kuker and Judge Murphy over these comparatively short twelve years that I have been a judge.  I am certain that each will bring great energy to whatever endeavor each selects as his next challenge. Parting will not be easy for any of us. We wish Judges Kuker and Murphy Godspeed and the best of luck. We commit to you that we will continue to grow in our capabilities and improve this organization, bringing you be best service that we can.

Remember that none of us is irreplaceable, though that does not mean replacing certain people is easy by any means.