The Jacksonville Bar Association, Northeast Florida’s largest voluntary association of lawyers with about 2,000 members, issued a statement Jan. 29 regarding City Council Resolution 2025-0081.
Sponsored by Council members Ron Salem and Rory Diamond, the bill expresses a lack of confidence in city General Counsel Michael Fackler, who is a member of the JBA.
The resolution specifically relates to questions about which Fackler issued opinions, including Mayor Donna Deegan’s order in December 2023 to remove a Confederate monument from Springfield Park and her Jan. 13 veto of a Council-approved increase of more than $4 million in compensation for Meridian Waste to provide curbside trash-hauling service in portions of Duval County.
On each question, Fackler said Deegan acted appropriately.
The JBA statement:
“It is disappointing to see councilmembers condemn our city’s lawyer because his legal advice has not comported with their agenda. Under Section 7.02 of our City’s Charter, the General Counsel has binding authority over the consolidated government and is obligated to provide binding opinions when requested.
“The Resolution expresses disagreements with prior decisions by the General Counsel without any indication that he did not exercise his independent legal judgment in good faith. Further, the Resolution vaguely refers to prior General Counsels and other attorneys’ opinions that the General Counsel reached the wrong conclusion, without citing their names or reasons.
“The duly appointed General Counsel enjoys the respect of the Jacksonville legal community and has earned his reputation as a highly skilled lawyer. As General Counsel, he is required to make difficult legal decisions and is bound by the oath taken as a member of The Florida Bar.
“We are confident that he will continue to perform his role by adhering to the law as outlined in the City Charter.”
Before Deegan appointed Fackler as head of the Office of General Counsel in September 2023, he practiced law as a commercial litigator for nearly 20 years and was a partner at the Milam Howard Nicandri & Gillam law firm in Jacksonville.
He is a past president of the Jacksonville Chapter of the Federal Bar Association and was an adjunct professor at Florida Coastal School of Law.