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					CUNNINGHAMBAR.ORG                                         WINTER 2006-07

 President:      Bradley G. Harper

 President Elect: Tequisha Y. Myles                           Oftentimes, the advent of the
                                                              New Year brings with it a time
 Secretary:      Sandra Powery                                of reflection on past events, as
                                                              well as a fresh look forward to
 Treasurer:      Mutaqee Akbar
                                                              events hopefully yet to come.
 Immediate                                                    This year being no exception,
 Past President: Edrick E. Barnes                             our organization approaches
                                       2007 with the wisdom derived from 2006 as our guide,
                                       in order to shape our goals for the coming months. A
                                       substantial portion of our membership has expressed an
              NEXT MEETING             interest in community service. Accordingly, the arrival
                                       of the New Year affords us the chance to make a
 When: Noon, Friday,                   positive and visible impact in both our schools and
       March16, 2007                   community.
 Holland Luncheon takes the place of
 February’s meeting.                   Starting this month, members of the Cunningham Bar
                                       Association will begin educating Roosevelt Middle
 Where: West Palm Beach                School students on the United States Constitution and
        Courthouse library             the Bill of Rights. Unquestionably, the time is now for
                                       members of this voluntary bar association to educate
 ** Remember, CBA meetings are held    our students about the significant and substantial
 on the third Friday of each month.    contributions that African-Americans have made to the
                                       moral, social, and political well-being of this country.
                                       This mandate is also in keeping with the commitment
      SUBMIT AN ARTICLE                that many members of the Florida Bar have made,
                                       under the leadership of Justice Fred Lewis, to
         TO SIDEBAR!                   reemphasize and participate in educating Florida
                                       students in both Civics and American Government.
  Please obtain article publication    Indeed, true democracy can only exist where a society
  guidelines and forward any           is taught to understand the vital role it plays in
  proposed articles on a legal topic   maintaining the integrity of our system our governance.
  or     current     events      to:
                                       Also, in continuing recognition of the long and rich                     African-American legacy in our culture, we will
                                       proudly host our 7th Annual William Holland
  Deadline for submissions for         Scholarship Luncheon on February 16, 2007 at the
  inclusion in the next issue of       Palm Beach County Convention Center.
  SideBar is March 23, 2007.
                                                                 (Continued on page 2)
       CUNNINGHAMBAR.ORG                                                    WINTER 2006-07

The President’s Message | Continued from page 1

Held in conjunction with Black History Month, we look forward to celebrating the contributions that African
–American lawyers have made to this community, while further honoring the memory of Judge William
Holland. Without question, it is always a joy to see hundreds of our members and supporters gathered
together in one place, at one time, to honor the past, and to pay tribute to the future by awarding
scholarships to talented law students from schools across the state. This year’s theme, “Preserving the
Pipeline”, reminds us that we must be vigilant in ensuring that the opportunities that existed for us to enter
this noble profession are not only maintained, but expanded to guarantee that the schools in this State
graduate limitless numbers of talented young Black attorneys.

Undoubtedly, the New Year provides an opportunity for us to do more…to do better; to build upon the past
for an even brighter tomorrow. It is in that spirit that I urge you to stay both committed and connected, so
that this organization can continue to make a meaningful and lasting impact in this community.


Bradley Harper

Please contact by March 23, 2007 for publication in the next
issue of SideBar. The ad rates are:

                              $30     business card size ad
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                           LOG ON TO CUNNINGHAMBAR.ORG TODAY!

        CUNNINGHAMBAR.ORG                                                 WINTER 2006-07


By Eric J. Tinsley, Esq.

 Currently there are bills pending in Congress that will give the many millions of undocumented people
 in this country a chance to obtain valid legal status. The Senate of the 109th Congress passed bill
 S.2611, the Comprehensive Immigration Reform Act of 2006. This bill gives undocumented people an
 opportunity to obtain legal status depending upon how many years they have been here, and among
 other items, whether they have been paying taxes. However, as we are all aware, for a bill to be passed
 it has to be approved by both the House and the Senate, and then signed by the President. This bill has
 thus far only been passed by the Senate.

 There are mixed reactions to the Democrats winning in the House and the Senate this election cycle.
 Some believe that an Immigration bill will be sent to the President, and there are just as many who say
 it will not happen this year. We all await the outcome.

 The Supreme Court, in the October Term of 2006, made a significant ruling with regards to drug
 possession charges and the Immigration and Nationality Act. The case is Lopez v. Gonzales, Attorney
 General. The Supreme Court essentially held that a conviction for simple possession of a controlled
 substance is not an aggravated felony for purposes of Immigration law. Conduct made a felony under
 state law but a misdemeanor under the Controlled Substances Act is not a “felony punishable under the
 Controlled Substances Act” for Immigration and Nationality Act purposes. Basically, if it is a
 misdemeanor under State law, it does not automatically convert to a felony under Federal law. In the
 past, a State misdemeanor was automatically upgraded to a felony for Immigration purposes, thereby
 precluding persons with possession charges from either entering the country after a brief visit, or
 subjecting them to removal from the United States (deported).

 During this past year there were many demonstrations across the country in support of Immigration law
 reform. Thousands of people came out to protest the lack of a sensible Immigration policy that would
 allow the estimated 12 million undocumented people here to obtain some legal status even if that legal
 status did not include permanent residency. Here in South Florida, for example, members of the South
 Florida Chapter of the American Immigration Lawyers Association were able to negotiate with the
 Department of Highway Safety And Motor Vehicles, to allow people who are undocumented but are
 married to United States citizens, and that United States’ citizen has petitioned for them, to receive
 Driver’s Licenses.

 If you have any questions regarding Immigration Law, or if you would like to respond to this article,
 you can reach Eric J. Tinsley, Esq. at, or 561-795-9550.
 Eric J. Tinsley is an immigration and personal injury attorney with offices located in Royal Palm Beach
 and Fort Pierce

 CUNNINGHAMBAR.ORG                                 WINTER 2006-07

The Law Offices of John M. Howe, P.A hosted CBA’s Holiday Reception and
Toy Drive.

CUNNINGHAMBAR.ORG                                     WINTER 2006-07

  Tequisha Myles, Herman Edwards       Craig Lawson, Corey Smith and
  and Sandra Powery                    John Howe

  Edrick Barnes, Lisa Quarrie          Lisa Quarrie and Kalinthia Dillard
  and guest

  Roger Duncan, Edrick Barnes          Craig Lawson, Destinie Baker
  and guest                            and Sia Baker-Barnes

CUNNINGHAMBAR.ORG                                      WINTER 2006-07

  Sia Baker-Barnes and Sandra           Tracy Mitchell, Bradley Harper,
  Powery                                and Salesia Smith-Gordon

  Tolu Bamishigbin, Edrick Barnes       Alex Brumfield, Craig Lawson,
  and Edwin Ferguson                    Richard Ryles, and Corey Smith

  John Howe, Corey Smith and            Tracy Mitchell Tolu Bamishigbin
  guest                                 and Tequisha Myles

  CUNNINGHAMBAR.ORG                                            WINTER 2006-07


The National Bar Association, the nation’s oldest and largest bar association of
color was formally organized in Des Moines, IA on August 1, 1925. Its objective is
“to advance the science of jurisprudence; improve the administration of justice;
preserve the independence of the judiciary and to uphold the honor and integrity of
the legal profession; to promote professional and social intercourse among the
members of the American and the international bars; to promote legislation that
will improve the economic condition of all American citizens, regardless of race, sex
or creed in their efforts to secure a free and untrammeled use of the franchise
guaranteed by the Constitution of the United States; and to protect the civil and
political rights of the citizens and residents of the United States." Today, the NBA
consists of more than 40,000 African-American judges, lawyers, educators and law

                  The 64th President of the National Bar Association, Mr. Linnes
                  Finney from Florida is a partner with the Stuart, Florida law
                  firm of Gary, Williams, Parenti, Finney, Lewis, McManus,
                  Watson & Sperando. Mr. Finney was inaugurated in August
                  2006 as the President of the NBA.               The F. Malcolm
                  Cunningham, Sr. Bar Association is honored to have Mr. Finney
                  as its featured guest speaker for its Sixth Annual William M.
Holland Scholarship Luncheon to be held on February 16, 2007 at the Palm Beach
County Convention Center.

As President of the NBA, Mr. Finney has elected a theme of, “National Bar
Association – Carrying the Torch, Leading by Example,” wherein he will assure
that the organization continues to illuminate the path to an independent judiciary,
provide the fair administration of justice as well as equal access to the legal system,
expand the pipeline to the legal profession, and urge economic opportunities for all.
This theme will be conveyed at this year’s annual corporate counsel conference
scheduled for February 22 – 24, 2007 in Miami, Florida, during the NBA Mid-Year
Conference & Gertrude E. Rush Award Dinner to be held on May 9 - 13, 2007 in
Hollywood, Florida as well at the many other events sponsored by the National Bar

For more information about the National Bar Association and how to become a member, go to

  CUNNINGHAMBAR.ORG                                                                       WINTER 2006-07

Get more involved in the Cunningham Bar Association by volunteering for one of CBA’s committees*. Joining a
committee will give you the chance to network with other members and share your ideas and abilities with the
organization. Your support and involvement will help to make the CBA a success!

COMMITTEE                                     CHAIR(S)

PUBLIC SERVICE                                Edrick Barnes,

SCHOLARSHIP                                   R. Sia Baker-Barnes,

NEWSLETTER                                    Tracy Mitchell,

ANNUAL LUNCHEON                               Sandra Powery,

VOTING RIGHTS                                 Pamela Guerrier,, and Renelda Mack,

WELCOMING                                     VACANT (Tequisha Myles serving as Chair until
COURTESY                                      filled,

CLE                                           Bradley Harper,

MENTORING                                     VACANT

JURY SELECTION                                Mutaqee Akbar,

JUDGESHIP COMMITTEE                           Kalinthia Dillard,

JUDICIAL NOMINATING                           VACANT

ECONOMIC EMPOWERMENT                          VACANT

                * If you are interested in joining a committee, please contact the committee chair directly.

 CUNNINGHAMBAR.ORG                                            WINTER 2006-07

Members of the CBA executive board present gifts from the Toy Drive to the Toys for Tots

     CUNNINGHAMBAR.ORG                                              WINTER 2006-07

   CBA members Edrick Barnes and Sia Baker-Barnes, shown here with Principal Emma
   Banks, present gift bags to needy students at Inlet Grove High School, through a
   community service program sponsored by the NBA Young Lawyers Division and the CBA.

SideBar is the quarterly E-Newsletter for the F. Malcolm Cunningham Sr. Bar Association, which is
posted on CBA’s website at WWW.CUNNINGHAMBAR.ORG.

The CBA Newsletter Committee is R. Sia Baker-Barnes, Esq., Tracy A. Mitchell, Esq. (Chair), Tequisha
Y. Myles, Esq. and Nadine White-Boyd, Esq.

The views, conclusions and/or opinions expressed in the advertisements herein are those of the authors
and not necessarily those of the officers or members of the CBA.

  CUNNINGHAMBAR.ORG                                                    WINTER 2006-07

The Board of Governors is seeking applicants for the following vacancy to be filled during its
March 30, 2007 meeting: Supreme Court's Bar Admissions Committee: One lawyer to serve a
two-year term commencing July 1, 2007. This committee coordinates the work of the bench, bar,
law schools, and bar examiners. Florida Patient's Compensation Fund: One lawyer to serve a
four-year term commencing July 1, 2007. The purpose of the board is to supervise the operations
of the FPCF which provides excess medical malpractice coverage to Florida health care
providers. Statewide Nominating Commission for Compensation Claims Judges: Three lawyers
from the territorial jurisdictions of the 1st, 3rd and 5th state appellate districts to serve 4-year
terms commencing July 2, 2007. All applicants must be members of the Bar who are engaged in
the practice of law. No attorney who appears before any Judge of Compensation Claims more
than 4 times a year is eligible to serve on the Commission, pursuant to Section 440.45(2)(b), F.S.
Commissioners are also not eligible for state judicial vacancies filled by the JNC on which they
sit for two years following the expiration of their term. Commissioners are subject to Florida
financial disclosure laws. Meetings and deliberations are open to the public. Persons interested in
applying for these vacancies may download the Application for Special Appointment from the
Bar's website,, or should call Bar headquarters at (850) 561-5600, extension
5757, to obtain an application form. Completed applications must be submitted to the Executive
Director, The Florida Bar, 651East Jefferson Street, Tallahassee, Florida, 32399-2300 no later
than close of business, Friday, February 23, 2007. Resumes will not be accepted in lieu of an

Public Notice of Vacancy for United States Magistrate Judge, Southern
District of Florida

Position: United States Magistrate Judge
Location: Fort Lauderdale, FL
Accepting Applications: December 15, 2006 through January 31, 2007

Please see the full notice and application on the District Court
Internet site:

                  CBA member Tracy A. Mitchell, Esq. has been appointed as Vice-
                  President of Programs for the Urban League of Broward County’s Young
                  Professionals Network (YPN). Attorney Mitchell is an Associate at
                  Rutherford Mulhall, P.A. in Boca Raton.

    CUNNINGHAMBAR.ORG                                               WINTER 2006-07

                             SAVE THE DATE
                        SCHOLARSHIP LUNCHEON

                              Featuring keynote speaker
                                 Linnes Finney, Jr.,
                         64 National Bar Association President

                               Friday, February 16, 2007
                         Palm Beach County Convention Center
                                  11 a.m. – Reception
                                  12 p.m. - Luncheon

           “Preserving the Pipeline: Ensuring Diversity in the Legal Profession”

    WPTV News Channel 5 Sports Anchor Jay Gilmore will be the Master of Ceremonies

 For information about    sponsoring   this   event,   please   contact   Sandra   Powery   at

Lifestyle and Wellness Coach

 Medical Exercise Specialist

    (561) 601-6103
  CUNNINGHAMBAR.ORG                                                     WINTER 2006-07

February 1, 2007
Official Launch Party
Urban League of Broward County’s Young Professionals Network
ICON Las Olas Condos Site
500 East Las Olas Blvd.
Fort Lauderdale
Email: for more information

February 15, 2007
3rd Thursday Urban Mixer
The Urban League of Palm Beach County Young Professionals (ULYP)

February 15, 2007
New Member Orientation
Urban League of Broward County’s Young Professionals Network
African-American Research Library
Fort Lauderdale
Email: for more information

February 16, 2007
CBA Sixth Annual William M. Holland Scholarship Luncheon
“Preserving the Pipeline: Ensuring Diversity in the Legal Profession”
Palm Beach County Convention Center
Featuring keynote speaker Linnes Finney, Jr.,
64th National Bar Association President

February 17, 2007
4th Annual Black History Ball- Roaring Twenties: A Black Tie Event
The Urban League of Palm Beach County
Palm Beach County Convention Center
6:00 p.m.
Call Olen McLean for details 561-568-1781
  CUNNINGHAMBAR.ORG                                                  WINTER 2006-07

February 19, 2007
ULYP Meeting
The Urban League of Palm Beach County
1700 N. Australian Ave WPB
6:00 p.m. Networking;
6:30 p.m. General Body Meeting

MARCH 2007
March 15, 2007
3rd Thursday Urban Mixer
The Urban League of Palm Beach County Young Professionals (ULYP)

March 16, 2007
CBA Meeting
Palm Beach County Courthouse Library

March 19, 2007
ULYP Meeting
The Urban League of Palm Beach County
1700 N. Australian Ave WPB
6:00 p.m. Networking;
6:30 p.m. General Body Meeting

March 22, 2007
CBA Community Forum
Location and time TBA

April 19-22, 2007
CBA Joint Membership Luncheon with PBCBA and FAWL
Crown Plaza Hotel
West Palm Beach
Speaker: Dr. Richard Lapchick, Human Rights Activist

April 19-22, 2007
National Bar Association- Young Lawyers Division
Annual Retreat
Cabo San Lucas, Mexico, Dreams Los Cabos Suites Golf & Spa Resort.

  CUNNINGHAMBAR.ORG                                                        WINTER 2006-07 (all-inclusive Resort)
The tentative costs per person may be: (varying rates depends on the type of room selected):

3 Nights Single Occupancy $738-$949
3 Nights Double Occupancy $534-$741
3 Nights Triple Occupancy $519

4 Nights Single Occupancy $977
4 Nights Double Occupancy $705-$981
4 Nights Triple Occupancy $688

The Registration Fee for the Retreat is $50.

The Registration Fee should be sent to the YLD's Treasurer, Edrick
Barnes, 1615 Forum Place, Suite 3-B, West Palm Beach, Florida 33401.

If you plan to attend the Retreat, please send Reginald Johnson an e-mail at

May 8-13, 2007
National Bar Association
Mid-Year Conference & Gertrude Rush Award Dinner
Westin Diplomat Resort & Spa
Hollywood, FL

June 15, 2007
CBA Elections
Palm Beach County Courthouse Library

July 28-August 4, 2007
National Bar Association
82nd Annual Convention
Westin Peachtree Plaza
Atlanta, GA

       The F. Malcolm Cunningham, Sr. Bar Association needs your support now more
       than ever. Please take a moment to review the advertising opportunities available
       with our bar association. We ask that you return the form by March 23, 2007 to
       ensure your inclusion in our next souvenir journal.

       Please attach your camera-ready artwork, following the below
       specifications. If no artwork is submitted, please print and attach
       your copy clearly and legibly, including area codes for all telephone

       Full Page      $100.00                      Quarter Page $50.00
       Half Page      $75.00                       Business Card $30.00

       Phone:_______________ Fax:__________________
          By Cash…………………..                  Amount $__________________
          By Check #_________.......        Amount $__________________
                       (Make checks payable to “CBA,” P.O. Box 153,
                               West Palm Beach, FL 33402)

If you have any questions about advertising opportunities, please contact Tequisha Myles
at 561-655-8944 ext. 296 or On behalf of our members and the
community we serve, we deeply appreciate your support.

                                                           Full Page (7” x 9-1/2”)

Half Page (7” x 4-3/4”)

                             Business Card (3-1/2” x 2”)

        Quarter Page (3-1/2” x 4-3/4”)
To promote the personal and professional development of Blacks within the legal
profession; to promote improvement in the law and in the method of its administration;
to educate its members and the general public in matters pertaining to the law and the
legal profession; to promote knowledge and understanding of the legal profession; and
to cultivate professional ethics and networking opportunities among the members of the
Cunningham Bar Association.

The Cunningham Bar Association welcomes all persons meeting the following
requirements to become a member of our Bar Association:

Full Membership
In order to become a full member, an applicant must meet the following requirements:

1) Be a Florida Bar member in good standing or member of any other state bar in good
2) Reside or practice law in the state of Florida; and
3)Subscribe to the Cunningham Bar Association's objectives.

Associate Membership
Associate membership is open to individuals who are currently pursuing a law degree
or graduates not yet admitted to a state bar and who reside in Palm Beach County.


$50.00 Government/Legal Aid            $75.00 Private Practice

Please complete the enclosed membership application and mail it to F. Malcolm
Cunningham, Sr. Bar Association, P.O. Box 153, West Palm Beach, FL 33402.
                   F. Malcolm Cunningham, Sr. Bar Association
                                  P.O. Box 153
                           West Palm Beach, FL 33402
               2006-2007 Membership Application & Dues Statement
                                    *To be listed in bar directory

                                       Date: ________ Renewal ________ New _________

*Name: ______________________________________________________
*Email: ______________________________________________________

List all courts presently admitted to practice & give dates of admission:

____________________________                   ________________________
____________________________                   ________________________
____________________________                   ________________________

*Name of Firm/Company: __________________________________________________
*Firm/ Company Address: _________________________________________________
*Office Telephone: _________________ *Office Fax: _____________________

*Areas of Practice: ________________________________________________________
Certifications with the Florida Bar: __________________________________________

*Mailing Address: Home _____         Firm ______      Other _________
Other address: (if applicable) ______________________________________________

___CLE                  ____PUBLIC SERVICE          ___NEWSLETTER
___SCHOLARSHIP          ____ANNUAL BALL             ___HOSPITALITY

                                      DUES STATEMENT
         To ensure proper credit, this statement must be returned with your payment.
____ Private Practice/Judges ($75) ____ Not yet admitted to the Bar ($50)
____ Government/Legal Aid ($50) ____ Donation (excluding bar dues) $ _______

               F. Malcolm Cunningham, Sr. Bar Association (or CBA)
                                 P.O. Box 153
                          West Palm Beach, FL 33402

For office use only:
Date Received ________ Received By: _______ Check No. _______                          (NL)

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