U.S. Supreme Court Associate Justice John Paul Stevens paid a visit to the UF campus for a special conversation with students, faculty, alumni and friends. He discussed issues ranging from how politics affects the court, to how he hopes to be remembered. (UF Law/ Chen Wang)

Justice John Paul Stevens and Judge Jose A. Gonzalez Jr. devoted part of their joint presentation on the UF Campus on Nov. 17 to offering free advice to law students.

Stevens, the most senior United States Supreme Court Justice, said lawyers often overlook oral arguments in their cases.

“I think it’s a mistake many people make to assume they’re not important, because oral arguments are very important,” Stevens said. “There are many, many cases where you … hear oral arguments and are sometimes persuaded again… There are many cases which the result has been changed by the oral advocacy that we get.”

Oral arguments are one of the most underrated parts of advocacy, agreed Gonzalez (UF JD 57), who is a U.S. District Court Judge in the Southern District of Florida.

Gonzalez remembers waiting to argue one of his cases when he saw another lawyer make a dynamic oral argument in which the lawyer spoke about the people rather than the law.

“I can remember that argument as if it was given five minutes ago,” Gonzalez said. “I thought, ‘I don’t know what’s going to happen in this case, but if he doesn’t win, it’s an injustice.’ I hadn’t read the briefs; I didn’t know the law.”

Stevens also remembered some great oral advocates, including Thurgood Marshall, who was later appointed to the Supreme Court, and the current Chief Justice of the United States, John. G. Roberts Jr., who argued many cases before the Court before joining it.

The two old friends were on campus as part of the inaugural Marshall M. Criser Distinguished Lecture at the University of Florida Phillips Center for the Performing Arts. The pair met about 25 years ago, Gonzalez said.

“We spend a lot of time discussing Washington Redskins football, Florida football, and judicial salaries and benefits,” Gonzalez said.

Gonzalez stressed that judicial salaries have become a big problem in attracting top lawyers away from private practice. Gonzalez said he makes less money than he did 30 years ago accounting for inflation.

Congress recently gave a cost-of-living adjustment to all federal employees and all members of Congress, Gonzalez said, leaving only federal judges out.

“We’re spending billions of dollars for the war in Iraq, and we can’t afford to compensate a handful of federal judges. That’s just crazy. We need to rearrange our priorities and put the money where it is going to produce long-term benefits: one is getting the best people on the bench and the other is to adequately fund the education system,” Gonzalez said to a loud applause.

Stevens and Gonzalez took questions from Professor Sharon Rush, Professor Michael Wolf and Florida Law Review Editor in Chief Larry Dougherty. They asked a wide variety of questions, many of which were highly relevant to law students.

“Don’t you think the opinions are getting excessively long these days?” Gonzalez asked Stevens.

“Yes, I am probably responsible for some of that,” Stevens responded.

Judge Jose A. Gonzalez Jr. (JD 57) joined Justice Stevens in a conversation on current legal issues in front of students, faculty, alumni and friends of the UF College of Law. (UF Law/ Chen Wang)

The two also disagreed on the use of footnotes in cases. Gonzalez said the model Supreme Court case was footnote-free, while Stevens is a big proponent of them.

“I think the footnote is optional reading,” Stevens said. “You don’t have to read the footnote, but sometimes it may be good to spell out in more detail something that is really important that you’re thinking that doesn’t necessarily fit into the rationale.”

Dougherty jokingly replied, “Justice Stevens, some of our professors here have us under the impression that footnotes are required reading.”

Rush smiled and assured students that they are still required reading.

Wolf asked about the doctrine of stare decisis, which says courts should let precedent stand. Stevens said he gives strong deference to precedence, even if he disagrees with the decision, as in Texas v. Johnson, a 1989 case which protected flag burning as a form of free speech.

“I think very strongly that that case was incorrectly decided for all sorts of reasons that I won’t go on to waste your time with,” Stevens said. “But I would never suggest that it should be overruled. I think it was a firm decision, I think the country has accepted it, and I think it is part of the law and should remain the law.”

When Stevens and Gonzalez were asked for general advice for law students, Gonzalez was quick with a joke.

“Whatever you do, don’t sue people who don’t have any money, because there’s no future in it,” he said.

On a more serious note, Gonzalez advised students to always ask for help when needed.

“When you first get into the practice, you’re going to find out that you don’t know an awful lot,” he said. “Don’t be afraid to admit that there is something you don’t know. Go ask somebody older than you or more experienced than you, and you’ll be surprised how happy they will be to help you out.”

Stevens said to always keep your word most importantly.

“When you graduate, you become part of a profession, and one of the most important assets that you will have if you’re going to be a good lawyer is your word,” Stevens said. “If your word is good and you have the reputation for being trusted for what you say and your understanding of the law, that will pay more dividends than you can possibly imagine.”

Roberta Perry (left) and Jose Antonio Tovar discussed the challeneges seasonal farmworkers in Florida face with UF Law students on Nov. 19. (UF Law/ Joshua Lukman)

As the U.S. economy worsens, seasonal farmworkers are among the hardest hit in Florida. Without the ability to choose their salaries or improve their working conditions, farmworkers face day-to-day challenges.

A Nov. 19 discussion titled, “Modern day slavery: The plight of farmworkers in Florida,” brought together activists and UF law students to address farmworkers’ struggle for justice. The event was presented by the Public Service Fellows of the Center for Government Responsibility, which is sponsored by The Florida Bar Foundation.

Guest speaker Jose Antonio Tovar, a UF Ph.D. student in anthropology and a field worker for The Farmworker Association of Florida, said that few agricultural companies provide farmers with housing, transportation and safety training. As a field worker, Tovar has trained farmers during their lunch breaks.

“We teach them about the use of safety goggles and safety equipment in the fields,” Tovar said.

Until 2004, the agriculture industry was exempt from Florida’s Right-to-Know law that requires employers to inform workers about the chemicals being used in the workplace.

“Pesticides are a big concern on our part,” Tovar said.

According to guest speaker Roberta Perry, Florida Director for the National Farm Worker Ministry, women experience particular problems in the fields. Some growers place portable toilets far away from work areas and keep them locked, causing female workers to contract bladder infections.

“They don’t want to pay to have them cleaned,” Perry said.

Tovar estimated that at least 75 percent of farmworkers in the orange industry are illegal. Many of the workers are indigenous people from Mexico who come to Florida because they lack the means to produce the food they need to survive.

“It’s a pretty diverse population,” Tovar said. “There are a lot of people whose first language is not Spanish.”

Communication barriers and the fear of deportation deter workers from complaining to police about labor conditions.

“They are afraid that the sheriff is going to come and question them about their legal status,” Tovar said. “If the worker doesn’t speak Spanish, that increases the problem,” he said.

Perry and Tovar explained the positive impacts of the federal government’s H-2A temporary agricultural program on farmworkers with illegal status.

H-2A workers have higher salaries and pay taxes. In North Carolina, workers were even allowed to unionize with growers’ consent.

“Orange farmers are choosing to go back to Mexico to be rehired as H-2As,” Tovar said.

According to Perry, one reason for poor working conditions is a lack of safety inspectors. There are currently about 44,000 farming units in Florida and only 14 inspectors.

“Legislators will tell you that we have great laws, but the problem is that they are not funded for enforcement.”

Sean M. Shaw (JD 03) was appointed Florida’s insurance consumer advocate by Chief Financial Officer Alex Sink.

Just five years after graduating from law school, Sean M. Shaw (JD 03) is taking a big step into public office as Florida’s insurance consumer advocate.

Tapped for the position by Florida’s Chief Financial Officer Alex Sink, Shaw began his new full-time post on Nov. 17 leaving the Tallahassee firm Messer, Caparello & Self, P.A. where he specialized in employment discrimination defense.

“I believe I got called to this position because I have been a passionate advocate for my community,” said Shaw of his appointment. “I see it as a way not only to give back to my local community but as a way to help all insurance consumers in Florida.”

The state’s insurance consumer advocate is responsible for addressing and seeking solutions to insurance issues facing Floridians, communicating those issues to residents of the state, and representing consumers on insurance issues before local, state and federal authorities.

Shaw will work with an office of about 10 people to monitor the insurance markets in areas including health, property and auto. He will work to identify bad practices and find ways to address and correct those bad practices.

“This office’s aim is to ensure that the insurance market is strong and that it is good for the consumer,” said Shaw explaining that a good market will benefit both the consumers and insurance companies.

In the short time since receiving his law degree from the University of Florida, Shaw has been dedicated to serving the Tallahassee community, where he grew up and returned to begin his professional career. Shaw also received a bachelor’s degree in politics from Princeton University in 2000.

His dedication to public service comes in part from the example set by his father, retired Florida Supreme Court Chief Justice Leander J. Shaw, whose long career in public service included serving as assistant public defender as well as serving on several state and judicial commissions and committees.

“He’s a person that just gave his entire professional life and dedicated it to public service,” Shaw said of his father. “A dedicated public servant is a rarity and can make a big difference.”

Shaw’s dedication to his community has led him to serve on several boards of community organizations. He is on the board of directors for the Bond Community Health Center, a Leon county clinic where patients can receive medical care regardless of their ability to pay, the Capital Area Community Action Agency, which serves low-income residents in seven north Florida counties, Access Tallahassee, which is a chamber of commerce for young professionals, and Leadership Tallahassee. He also serves a mentor for students in East Gadsden High School near Tallahassee, Fla.

“I’ve had a lot of opportunities in my life and those of us who are fortunate enough to have those opportunities have a responsibility to give back and help others to have those opportunities as well,” said Shaw.

Seeing the need for improving education, healthcare, infant mortality and the salaries of state employees, Shaw ran for the Florida House of Representatives in August to represent District 8, which includes Gadsden and Leon counties.

While he’ll concentrate for now on his new position as insurance consumer advocate, Shaw is confident his career will continue to lead him down the path of public service and that experience in law will serve him well.

“Being a lawyer makes you versatile and able to do lots of things,” he said. “It never hurts to be a lawyer.”