Polk Law Blog

Commentary from Polk County, Florida attorney Kemp Brinson

Category: Legal Commentary

Atheists of Florida File Brief in Lakeland Prayer Appeal

In the latest move of the legal battle over prayers at Lakeland city commission meetings, Atheists of Florida, Inc. has filed its initial brief in the 11th Circuit Court of Appeals. The brief argues that the appeals court should reverse a February order from a federal trial court judge in Tampa that resolved the case [...]

What the Law Actually Says About Requiring ID to Attend School Board Meetings

As reported in The Ledger, members of the public who wish to attend meetings of the Polk County School Board must show identification to get in. The article quotes Barbara Peterson, a lawyer and President of the First Amendment Foundation in Tallahassee, as saying that this practice is clearly unlawful: “They simply can’t do it; [...]

Senate Redistricting Invalidated, Cue Calls to Fire Justices

The Florida Supreme Court has ordered their sister branches of government to re-redistrict Florida Senate districts, finding that the new districts violate the ”Fair Districts” amendment to the Flirida Constitution passed in 2010. House Districts were left alone. Press coverage abounds, e.g., see The Ledger. The opinion of the court is a monster, weighing in [...]

Who Will Defend the County Charter?

Earlier this month, Polk County and the Clerk of Court filed their answers in Killebrew v. Edwards, a case challenging the constitutionality of two provisions in the Polk County charter. One of those provisions sets term limits for county commissioners. The other caps commissioner salaries. Documents: Answer of Polk County Answer of Clerk of Court [...]

Prosecutor’s Integrity Results in New Trial for Convicted Arsonist

A Polk County Sheriff’s Deputy’s comments at a trial resulted in the Second District Court of Appeals ordering a new trial in a Polk County arson case. The comments were voluntarily brought to the trial court’s attention by the prosecution. According to the opinion, defendant Ascour Natan was convicted of aggravated stalking and arson in [...]