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HomeMy WebLinkAboutR-75-0995Ia-20-75 RFCteb Motion 75.9tat6 RESOLUTION NO. 75;115 A RESOLUTION AUTHORIZING THE FURNISHING OF A CERTIFIED COPY OF AN EXCERPT FROM THE MINUTES OF THE CITY COMMISSION MEETING OF OCTOBER 14, 1975 TO THE SUPREME COURT OF THE STATE OF FLORIDA AS AN EXPRESSION of CONCERN ON THE PART OF THE CITY COMMISSION AS TO PROPER LEGAL REPRESENTATION OF ITS SPANISH SPEAKING COMMUNITY WITHIN THE FLORIDA JUDICIAL SYSTEM; DIRECTING THE CITY CLERK TO FURNISH A CERTIFIED COPY OF THIS RESOLUTION TO THE GOVERNOR OF THE STATE OF FLORIDA AND TO THE PRESIDENT OF THE FLORIDA BAR. WHEREAS, Dr. Ramiro Arango appeared at the October 14, 1975 meeting of the City Commission of the City of Miami on behalf of the Cuban -American Lawyers Association; and WHEREAS, Francisco Montero, Frank Diaz Silvera and Guillermo Morales also aadressed the City Commission at its October 14, 1975 meeting; and WHEREAS, all of the points raised and questions asked by the aforesaid gentlemen involved the July 1975 Bar Examination conducted by the Florida Board of Bar Examiners; and WHEREAS, the City Commission of the City of Miami is without knowledge of the procedures used in the administration of the aforesaid Bar Examinations and WHEREAS, the apparently high percentage of Latin- American attorneys who failed the above Bar Examination causes concern on the part of the City Commission in view of the completion by the Latin-American candidates of two (2) years of study under the auspices of the University of Florida/ and "DOCUMENT INDEX ITEM NO. 41 %HEREAS, the Supreme Court of Florida in Case No. 43,040, by its Order dated July 31, 1973 retained juris- diction over the qualifications of individuals to "properly represent the Spanish speaking community in the Florida judicial system"; NOW, THEREFORE, HE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDAt Section 1. The Supreme Court of the State of Florida be furnished a certified copy of the attached excerpt from the minutes of the City Commission meeting of October 14, 1975 as an expression of concern on the part of the City Commission with regard to proper legal representation of its Spanish speaking community within the Florida judicial system. Section 2. The City Clerk be and he is hereby directed to furnish a certified copy of this resolution to the Governor of the State of Florida and to the President of the Florida Bar. PASSED AND ADOPTED this2 _day of nCTORE1 1975. PREPARED AND APPROVED SY: 1 / MAYOR 11, f flUTHE"II "AURICE ", FERRE Attests 40,0070, Robert F. Clark. Asst. City Attorney APPROVED AS TO FORM AND CORRECTNESS: n S. Lloyd •• City Att tney 2 ,. Mayor Ferro: In the meanti 1 AM gainto recognize Dr. Ramiro Arens°, who is here on behalf of the Cuban American Lawyers Association. Dr. Arangn: I do rept sent the Cuban -American Lawyers went to the last Dar Test in July. I want to thank the City Comnisaion for recognising our right to apeak and to be heard. We knew about this hearing today, about diEwrImination. As we thought it was the last time for un to come here and taking only few minutes of your busy agenda of today. Our problem is this: We were invited to follow in n special program tor Cuban -American Lawyers to be trained for / yearq And then go to pose the test, the test of the tAn, whieh wc We passed through that test by the end ut last Auly and the results were given yesterday. We were in total, 1200 peopie taking the test from which about 1000 Americans of different sorts and about 200 of Cubana. The results are like this: 95% of hc Americans paneed. 90Y of the Cubans failed. The numbcts speaV ay themp.Ltyos. We are facing a hideous problem of discrimination and let me tell you that Borne talky talky is going around about our lack of the language. We don't speak perfect english. 1 don't think anybody in thia country do. Here everybody has an accent, Latin or italian or Jewish but this is a country of many minorities and many communities. t am going to tell you my personal example c.oncerning capacity. I am a graduate of Havana University of Lasso Bohne? in Paris and also a graduate of Heidelburg University which is the biggest in Germany and the International Academy of Law in Holland. With such a background and 9 languages, I think 1 am duly qualified to be put in my own example here today that we are not stupid that they want to present us now. We are simply the victims of irrational discrimination of the name we are bearing of our Carcias, etc and Fernandes family names. This is exactly what happened because 95% of the succeeding Americana are not more qualified than most of the Cubans who wont through the'. same test. Now, why do we come here? We come here because thia is a problem of general welfare of the City. We are all citizens of Miami or Dade County and as such, we present a problem of general welfare. There is about 1/2 million Latin residents in this community who are demanded by Di -lingual professions because they have a lack of communications and the experience that created our problem was to supply this minority who is going to he a majority very soon with the right professionals who could talk with them in their own language and in perfect communication. For that reason, we think the Commissioners are interested in our problem. It is not a personal problem. It is a problem that you ahould take as a City problem. Now what do we ask from you" We ask from you a resolution. A resolution of concern that you should be concerned about this problem of the community welfare and address yourselves to the Governor of the State and to the Supreme Court who is governing the Bar and the Board of Examiners and ask them for any investigation to what seems very reluctant to be plan and open discrimination to the Cuban Community and thank you very much for hearing us and if you do the resolution we aro demanding for, you are going to satisfy the community ambition to have bright bi-lingual professionals here. Mayor Ferro: Dr. Arango, let me ask you a question. The tests that were rakee for this. Are they standard or were you given a separate test? Dr. Arango: No, a standard test. Meyer Fevre: Were the evaluations of those tests made by a committee or WAS it done by one individual? Dr. Aranso: The Board of Examiners. Mayor Ferrel The Board of Examiners goes over the tests. Dr. Arango: Yes. OCT 141975 t.r. Arango: They WA such a broad d ration Mayor Ferre: That's the question. Dr. Arango: such a broad discretion that they publish in a book with the rules of the board, that they can stop or give or give pass, Anybody they want regardless of the qualifications - at he Mayor Ferre: I am trying to get to a quc-:tion. The question in this. In the examination, is their a standard? Dr. Arango: Yes. Mayor Ferre: In tits ;standard, chety i:; ow: yuust. ?tit. For example, a question regards torts and they have a variety of y or t' queations that they ask regarding torts and you answer that question retarding torts. Is their a right or wrong answer or is there a discretionary point where a mar, well 1 don't Hike' the way the mnn answered? Dr. Arango: There are 11 subjects going to the liar 'testa. 4 of them go on a say? 7 are multiple choice. Mayor Ferre: This is where I am heading. If 7 are multiple choice, now there, there is no subjective opinion. You are either right or wrong. Dr. Arango: Yes. Mayor Ferre: If the to i lute of the candidate be he Cuban -American or any other kind of an American, he based on the wrong answers in a multiple choice test, then 1 am sure that you would have nothing to taok about. You don't want a different standard? Dr. Arango: No we don't want to get any privilege. We want only to be on the ith amendment, you know, dut prop c:s ; through the loth amendment applicable to the State. That's all, but we feel that the numbers talk by themselves and we have very very capable people among us who have been failed. Mayor Ferre: Your point, as l: understand it, and it seems to be a valid point is that how can a man such as yourself, not only a graduate of Havana but a graduate of the Sorbohn in Paris and one of the beat univer:-:lties it tht world. Dr. Arango: I was a pt�ofc'ssor at Sorbonne. Mayor Ferro: Heidelberg? and the institute at the Hague in Holland. And you were a graduate from there too? Dr. Avenge: Yes. Mayor Ferre: You were a professor at the Sorbonne in France and you were a graduate of the Heidelberg University in Germany and graduate of the Center of International Law at the oases. Dr. Arango: And I came here to fail this test Mayor Ferre: Taking this exam and fail it, you find that is is unreasonable to assume that after having passed so many tests in different reentries and speaking 9 lamsaaitea, that you foel that you probably answered correctly.., and the tact that you are not an attorney to due to the promise that perhaps there were other consid- erations. What you want is for this Commission to go on record requesting that the Coversor and that the Supreme Court have au tavestigetton. Dr. Arango: An investigation. That the City of Miami is concerned about what happened and that's all. • Mr. Mont to: May 1 soy something? My name is Francct Mcntera. I think he missed one point very important. The examinations of the gar are supposed to be confidential and the examiner is net supposed to know anybody's name, like its secret. if you are giving the exam, you are not supposed to know who I am. This is the first time it is not secret. its not secret because if you are the examiner and you give every one of us, 190 that text, you know its a Cuban who wrote it. Mrs. Gordon: You mean your names were an it? Otherwise there were never names only numbers? Mr. Montero: Right. Mayor Ferret 1 want to repeat this because I think this is very important. What you are saying is - When Jessie Mc Crary took his exam or anybody else took the exam, it didn't have his name on it, the c.I.Naminer ctid not know by name whether the applicant or v.turvEt it. :: hod ally kind Ili a t;attist► surname or anything else. in this case, that was not the case. Mr. Montero: No, in this case, what 1 am saying is that aver with our name, our number, he can know it very well. If he got my exam, he probably knew it was a Cuban who was writing it because we don't write the same wny an a Fellow who went here to school for 11 year:;. Mayor Ferre: That is different now. That is n different statement, You are not saying that yout• name was on the exam. What you are saying is that the examiner could tell by looking nt it - Mr. Montero : Right., Me knew Cubans --- Mayor Ferre: Well I willtell you, I don't know of any way to avoid that. Mr.Montero: No, but "i just wanted to make the point that I think it is the first time - Mrs. Gordon: I have a question of information. I don't know which of the gentlemen can answer it but, is it possible that the score would have been high enough to be considered passing and yet the application could have been rejected by the examiners? Mr. No ntero: No, the way they do it, they take the highest 107., lots say 1200 people took the test, they take the highest 120 and they divide it and get a percentage and whoever is in 20 points of that, you pass. Mr. Si lveira : My name is Frank Diaz Silveira. There are 2 points that I would like to bring out regarding this subject. These people have been going through a 2-year program at the University of Florida and they passed this program. The University of Florida said that they were qualified to take this teat We are not talking about people that just wsat over there to take e test, without knowing the language. They have been qualified by the University of Florida after completing a full 2-year course. so, I believe that they went to take this test vtth the sage qual- ifications as the rest of the people. The course was taken in english. not in spanish, and they passed the test. That is the first point. The second point is that out of the 11 subjects of the exam, 4 subjects are essay or subjective tests. The examiners have quite ample discretion for these kind of tests because they have not a true answer or a wrong answer and the 3rd point is. that even though all the Angles were approved or qualified to take the exam before they took the exam, the Cubans. oven those who passed the test are not yet qualified because they received a Letter before taking the test saying or stating that they did not scrota them completely and even though they passed the test, they would have to go to further screening. Maybe some of those 16 that passed the teat out of the ore hundred and some. will not be able to practice because they have to go to soother screening. Well the Aagtee, 1 moss the Americans, these are all Americans, the Arots s de not have to go through that screealag. 4 Mayor Ferre: That will be cove in our motion, that this all be investigated. Mr. Lloyd, 1 think, since you are going to have to be drafting this, please follow this. Rev. Gibson: Mr. Mayor, please so I could understand your anguish Sir, it is true maybe that they could tell Mom the way you vxprescc - yourself, t want to tell you this, that t understand what you are haying because they could also tell. who I am because 1 have n ghetto language, understand? So, we all share the concern ,nbeut discrimination. I want to warn the Commission however. that I think we ought to ask, not - 1 am not .o stir( Tar. Mayor that the word "investigate" - thnt bother:; me. i would rat he: Gcr us deal with the matter in n more delicate fashion. That is not to pass the Mick nor to cluck the issue. If you have a Board, aid you say to the Board - I don't trust you- then immediately, you get one response but if this Commission went on record that we arc concerned, that: 180 r ' h;srss who nttei,tlyd the Universit) ot: Fir; 1uo who got the ,,Lonir of ;sip;'rnvat t>i t h& Univel t. ty of Florida had been prepared educationally to pass the Bar, did not pass, only 10, that is a different approach -,do you know what I meant I do not want to negate the good I might do. Mayor Ferre: We have now taken 20 minutes on this, and we really must move nn. Dr you Want: to add something? Mr. Morales: My name is cs+.illarmo Morales. i was borer in Cuba. I would like to bring outthe importance of our class. Imam one of the flanked 1.l4, My only claim to distinction is age. I at a f3 year old coed. 1 took the (outse with flying colors. t can't conceive of a greater travesty, of ;1 greater exammple of discrimination, than what has just taken place. We have come to you because you are our sounding hoard and yole may be our star of hope and what has happened is going to send shock waves not only through this communit:y but ci..ewhcr.e. I will tell you why. We were thoroughly resigned to our fate when we came here as exile lawyers because we know, by reason of our profession, that in no field is a man less qualified when he transplants from one area to another. But, we were given reason to believe that we would get fair treatment. We were fired with the hope that we might be able to rebuild our lives in the field of law. We also hoped to bring something to this commuu i t y that you need. You need us as much as we need yot'. t deplore these dreadful issues that we have on racial discrimination. Why don't we have its Because when we look at a man whose skin is black. we look at the gleam of his eye. We i.:t eten to the tone of his voice. It his eye reflects friendship, if his voice rings true, that's a man, we shake his hand. We are not worried about racial equality. We are not worried about racial discrimination. We are worried about racialrespect and raciallove and we can do more to bring about the cordiality that our society needs than perhaps any force to the United States. I don't want to bore you because I know that -your time is precious and t know perhaps its the pangs of hunger that are affecting you but t am bursting with indignation because of what's happened. Hero apportionately thank God, I don't depend on being allowed to practice law in Florida. I did want it and t felt it was a duty to go through this course, but this is dreadful. Were are hundreds of sea are led to believe that they would get fair treatment. On the face of it, the treatment is host unfair. When the University tells us that 174 are qualified after taking the: same examinations at the University that American students take, and we era told .that not LOx of us aro qualified to pasts and I an proud of my American tiesbut I an thoroughly ashamed of the low stripe of many of the characters who came to that examination. We were told that you had to wear a dress and many of then cane in sandals. others smelled bad . Me bad vary much to offer to this comauatty and ve want to stand with you and we want to sestet is having this dre+sdful travesty on justice corrected. I vast to give you ono oxample of the many things we have done in Cuba. Its the attitude of the people towards a lawyer. ■ eiar.#e.... ^.... i t won't ask yot+ what the average image of an American is towards an attorney. t will tell you what the image of the Cuban is. The day on which the entire community of 350 or 400,000 cubans celebrate and join hands with the attorney in celebrating him day. Why didn't we have racial troubled in Cuba? Becaume the whites liberated their nei;roea. Because they fought shoulder to shoulder in the war of independence and for 100 other reasons, I don't have time to tell you, we have mach to offer and we seek the privilege of doing mo if you will allow ties. 2 beg to express the hope that this Commis sou will appoint rapidly, a commission to work with you that will allow our group to express itself in drafting the n+ere'sary rape. ; so that thin: manat t•nus injustice may be correct►_. t thank your. Mayor Ferret Counselor, 1 think you made your point very adequately and I conatatulnte you and your associates for your eloquence and your dilligence and your ►'nncrTti u•hi• nt►rs. I think : tnce we `Lave now ',CCt& Oh t1► i . c T 2!) winiti oars it i tt t innP to make a motion and get on with the job. Rev. Gibson: Mr. Mayor, i would offer a motion that a resolution be passed expressing this kind of a sentiment that we implore the Governor: of the State, as well as the examining Board of Lawyers of the State of Florida to look into the high percentage of failures on the part of the Latin American people who take the hai' exam. In view of the tact that they have already completed 2 years of study by the University of Florida, which said that they were qualified and that if they take the BAR, they find themselves rather frustrated. At that point, somebody then gar to respond. That's the motion. Mr. Reboso: Second. Mrs. Gordon: 1 lust wanted 1:0 kt1C.t.' could shorten the motion a little bit. Rev. Gibson: Well I don't mind shortening it but 1 want the Governor to know that while we are not asking for an investigation, we are concerned and distressed. Mrs. Gordon: And that will be turned into A resolution? Mr. Mc Crary: Mr. Mayor, speaking as a private citizen of the City of Miami, I don't want the Commission to go wrong. I think what the Commission ought to do in its resolution, 1 am merely suggesting, is not mix two branches of government. (1) we ought to implore the Supreme Court to look into it since Lawyers and Examining Boards are under the direct jurisdiction of the Supreme Court, it may be well to send the Governor a copy of it expressing our concern. Rev.Gibsoa: Jesse, 1 have no problem with the procedure. My problem is that the fact is known and whatever the procedure is ny Brother, I am for it. Mayor Ferret What Jesse is saying and 1 want you to listen very carefully to this. The Governor has nothing to do with this and neither has the City of Miami Commission. People that have the direct say on this is the Florida Bar which in turn is under the State of Florida Supreme Court. Our Resolution must go --I said that Florida Bar is, the Supreme Court is over the Florida Bar. The exam is given by the Florida Bar, Therefore, the exam to the Florida Bar to the Supreme Court and the top authority is the Supreme Court and sot the Governor so let us address our resolution to the Supreme Court with a copy to the President of the Florida Bar and a copy to tt;e governor of the State of Florida. Rev. Gibson: i have no problem with that, beautiful. Proceed with that. That is the tatest of the motion. Mrl. ';ordon s Then a resolution will bn prepnreci and we will vote on that, Uni►II:nt i fied: rir. Mayor, t want to clarify th st when we went to thnt »r.amtnation, we were under a resolution of the Supreme Court which appointed ae one of ita main points, what we were going to graduate for the benefit of this latin community of this Dade County tommssnity, no I think they should take care of this thing, of this Phase of the resolution of the Supreme Court in order of your allegation as representatives of this community, Rev. ribson: Sit, let- me suggest you get with Mr. Lloyd and put: that i';tcet in it Mayer Ferret We have .i motion and second. Further si1scums ion? Call the (loll. Mr. Southern, City clerk. Mr. Plummer Mr. Plummer: I vote yes. Mr. Southern: Mr. Reboso? Mr. Reboso: Yes. Mr. Southern: Reverend Gibson? Rev. Gibson: Yes Mr. Southern: Mts. Gordon? Mrs. Cordon: Yea. Mt. Southern: Mayor Fer.re? Mayor Ferre: I vote yes. This Commission is now in recess until 2 O'Clock P.M. tl . 4,1 ti'..'i• C:^ t t IN .Lt. Citu&f 41tam aribn (Ilffttr of the ettst Clerk httti '!ta i 31If0 Van tit,•rtr:'.tt titbit iltJtttt, ;t1ttrt'a a31)) October 28, 1975 Mr. J. Rex Parrior, Jr. President, Florida Bar Association Tallahassee, Florida 32304 SoLrrHI— N t'ir. C'tEr.t itAI.WM Co. ONC+If' Assistit♦t CITY CL JK Dear Mr. Farrior, At the request of the City Commission of Miami, Florida enclosed herewith in certified copy of Resolution No. 75.995. HDS/rn. enc. Yours truly, N.D. Southern City ('Jerk Deputy City Clerk • LERK ._wt t. I (Ifftre of tilt, tit, Ekr1: CON 151111 Ilan American Otter Iiitamt. Ylortba 13113 October 2S, 1975 Supreme Court State of Florida Tallahassee, Florida 32304 1-4 t). Cm* Ct.r RALPH O. 4:AWE Assistee Ci?, CLEPIK At the request of the City Commission of the City of Miami, Florida enclosed herewith is certified copy of Resolution No. Y5-995. HDS/rn. enc. • Yours truly, H.D.Southern City Clark / L By t Deputy City t:lerk AMY rEPU 1 Y CLE:F<rC fay .rt._�.v of Aiami, lar u tIffite of thr tit tELrrk ttiti� 1!+att 3a1111 Van Amer tcatt Nor littamt, 3Ftnttda 3;A13J October 28, 1975 Honorable Reuben Askew, Governor State of Florida Tallahassee, Florida 32304 ��. D SOUTH J N Cl.r(LER. f<ALPH C,. ONCdi ASSWANT CST, C! ERR Dear Governor Askew, At the request of the City Commission of. Miami, Florida, enclosed herewith is certified copy of Resolution No. 75-995. HDS/rn.enc. By Yours truly, 11.1). St,rtthern City Clerk Deputy City Clerk