Notice of Declaratory Statement

DEPARTMENT OF MANAGEMENT SERVICES
NOTICE IS HEREBY GIVEN THAT the Public Employees Relations Commission has received the petition for declaratory statement from Erin E. Smith, a staff attorney with the National Right to Work Legal Defense Foundation in Virginia, Case No.: DS-2010-003.The petition seeks the agency's opinion as to the applicability of Florida Bar Rule 4-5.5(c) as it applies to the petitioner.
The Petitioner seeks to provide pro bono legal representation to Charging Party Ricky Leach in Leach v. Teamsters, Chauffeurs and Helpers, Local Union No. 79, Case No.: CB-2010-049, which is scheduled for hearing on December 8, 2010. The hearing officer found that Smith is currently handling two other cases before the Commission and her work in the Leach case would not be properly characterized as temporary. The hearing officer concluded that Smith is precluded from representing Leach pursuant to Florida Bar Rule 4-5.5 because her practice is not temporary. Smith seeks a declaratory statement stating that her practice of law in Florida is properly characterized as temporary and that she be permitted to seek pro hac vice admission to represent Leach in accordance with Florida Bar Rule 4-5.5(c).
A copy of the Petition for Declaratory Statement may be obtained by contacting: The Clerk, Public Employees Relations Commission, 4050 Esplanade Way, Suite 135, Tallahassee, Florida 32399-0950.
Please refer all comments to: The Clerk, Public Employees Relations Commission, 4050 Esplanade Way, Suite 135, Tallahassee, Florida 32399-0950.