Great minds apparently think alike, but Carlos Llorente & Jack Thompson will have to proceed on a different theory if they're thinking of involving the Florida Bar about holding JAABLOG liable for any of the comments.

Click here for the Florida Bar's letter to Jack dismissing his catch-all bar complaints (and ad nauseum amendments) regarding aiding and abetting, etc.  The issue has already been considered and dumped by the Bar.

As far as something under the general Professionalism rules, well, like the quote in the DBR, "Bring it on".  We're not the type to lay down, we'd love to parade our war against institutional racism in Broward's criminal justice system in front of a much broader audience, and we like visiting Washington D.C.

This is going to be fun ...

(Message to Jack: kindly confine all your comments to this thread.  We know this issue is near and dear to you, but if you pollute other threads with your uncontrollable onslaught you will be banned and all comments removed, pursuant to the earlier ban.  You can do it Jack - you've really been a very good boy lately ...)

  

  Broward County Bar Association President Carlos Llorente won't call us back ...

*UPDATE* - DBR: Broward Bar considers conduct of JAABlog

All we know:

-He doesn't practice criminal law (apparently, he's an insurance defense lawyer).
-He wants a new courthouse.
-He's picking an ill-advised fight with JAABLOG (See Friday's DBR).

Anyone else with info on Llorente, please post a comment.

                "In order for Senator Joseph McCarthy to succeed, 
                it took weeny organizations to hold up the wrongdoer, 
                while casting stones at the whistle blower."
                         -Public Defender Howard Finkelstein

Sun Sentinel Editorial - "Judge Gardiner better have good explanation for this".

"All you can say about Gardiner is, what could she have been thinking? Anyone who has heard the ground rules after showing up for jury duty, or who has at least watched a law or crime drama on TV, knows such contacts are a no-no ...

Gardiner will have a chance to give her side, but the accusations, if true, show a serious lack of judgment and disregard for judicial decorum, along with a breach of trust. The public has every right to expect that judges are not involved in any kind of personal relationship with attorneys appearing in front of them. The fact it was a death penalty case only makes the accusations more troubling and impossible to look past.

All of which makes you long for the days in Broward when courthouse antics just produced bad punch lines."

Plan for what should be your golden years - the powers that be are obviously mighty unhappy that their judges are being challenged across the board in 2010, and they're going on the offensive by trying to scapegoat the Blog for our role in helping to uncork thirty plus years of anger and frustration.  Coupled with the JQC and corruption scandals, and the floundering "new courthouse at the expense of our schools" project, they're obviously shaken.  So let's keep up the pressure.  There are still some judges without opposition (see Wednesday Notes, below), which means incumbent fundraising efforts can be strained even further.  If you haven't thought of running this year, please reconsider, since we need your help in stamping out anarchy and restoring American, democratic values to Broward.  Also - don't rush to judgment that you can't afford to live on a judge's salary.  As previously reported, a single six year circuit term is worth nearly $29,000.00 annually from the age of sixty-two until death.  All aboard!

Bulldog: Satz, Finkelstein fight yields change at the courthouse (unabridged)

"Finkelstein still contends Satz favors the influential and the police over the average citizen when it comes to charging decisions. Satz calls that assertion “false and irresponsible.”

Rumpole on Broweird

  

*CONFIRMED* - Judge Joel Lazarus has resigned as County Criminal Administrative Head.  In an email, he cites his impending retirement, which is only a few months away (he'll be back as a senior judge almost immediately, and his seat will still be filled by the voters, not Governor Crist).  Judge Sharon Zeller is currently looking for a replacement.  Is there more to the story?  Stay tuned ...

Still a few judges without challengers in 2010 - from the list:

County: Joel Lazarus, Peter Skolnik, Gisele Pollack, Gary Cowart, John Hurley, Linda Pratt, Mary Robinson, Steven Shutter, Eric Beller, Kathleen Ireland, Martin Dishowitz, Lisa Trachman, Lee Seidman, Edward Merrigan.

Circuit - Barbara McCarthy, Elijah Williams, Robert Carney, Susan Greenhawt, Susan Lebow, Hope Tieman-Bristol, William Haury, Matthew Destry, Carlos Rebollo, John T. Luzzo, Cynthia Imperato, Carlos Rodriguez, Linda Vitale, Lisa Porter, Kenneth Gillespie, Michael Gates, Cheryl Aleman, Eileen O'Connor.

Pick a winner (or loser), but act quickly.  The county races are filling up fast ...

                        (and don't forget to plan ahead for 2012)

More JQC complaints? - say it ain't so.  At least two more Gardineresque allegations plaguing the circuit?  Peyton Place has nothing on the Broward Courthouse ...

Adria Quintela Live! - the Florida Bar's Chief Branch Discipline Counsel presents "Overview of the Lawyer Disciplinary Process" Thursday at 11:45 AM, the Tower Club.  The luncheon is sponsored by The Broward County Hispanic Bar Association, and costs twenty-five bucks.  No word on whether or not any of the fact patterns involve a lawyer's duty to report judges and fellow attorneys who break the canons of ethics with impunity, or whether lawyers who work for the Florida Bar are exempt from the same ethical obligations that bind the rest of us.  Who knows, maybe the Q&A session will turn out to be a lot more fun than anyone could have anticipated?

What do you call an old pal who used to party like a Rock Star? - in Broward, sometimes "Your Honor".  Sure, everyone's heard the stories, and they can be easily proven.  But what if a former user never went to Rehab?  Isn't that person still technically a drug addict, who, according to Mike Satz, is probably still committing other crimes?  And how can the community be assured their officials are drug free, especially with so many of our elected officials currently grabbing the headlines in a race to the dysfunctional bottom?  Can we really afford to continue believing that our top dogs possess the necessary self-control to stay out of their spouses pill bottles, their kids' illicit stashes, or to follow dosage directions given them by their own doctors?  No, we think not, particularly in light of the rabid mood swings, outbursts, and suspect decisions landing so many Broward politicos in hot water these days.  It's time to drug test all elected Broward officials on a regular basis, as a first step toward reform.

Scheinberg & Gardiner - the SAO responded to our request regarding the number of cases former ASA Howard Scheinberg worked on in front of Judge Ana Gardiner, after their friendship blossomed during Loureiro.  They found only two cases, neither involving trials.  From the SAO response:

State of Florida v. Bernard Joseph, Case # 06-22947CFA, was presented to the Grand Jury by Mr. Scheinberg. Judge Susan Lebow signed the indictment.  Computer records indicate that Mr. Scheinberg handled the arraignment and early stages of discovery when the case was in Judge Gardiner’s division. The case was transferred to Judge Paul Backman’s division.  The motions to suppress and the trial were handled by another prosecutor in front of Judge Martin Bidwill.  The case was tried in front of Judge Bidwill in July of 2009.

State of Florida v. Keith Lines, Case # 08-2646CF10A, was initially assigned to Mr. Scheinberg.  Computer records indicate that he covered calendar calls and status conferences when the case was in Judge Gardiner’s division.  The case was nolle prossed on July 21, 2008, after Mr. Scheinberg left the office and re-filed as Case# 08-11699CF10A & B, adding a co-defendant.  The case is currently pending and is set for trial in May of 2010 in front of Judge Bidwill.

Lastly - what will happen to Omar Loureiro up in Palm Beach, now that reality might have eclipsed even Judge Chernow Brown's "assume the worst" scenario?  Is dismissal back on the menu?

$120 Million In Cash For A New Courthouse? - and Broward Schools are making deeper cuts, including more layoffs.  Way to go.

Ballroom Blitz - tomorrow at least one Miami circuit courtroom will be conducting a third degree felony blitz.  They're just like the ones tried in Broward a while back, with a twist - they actually resolve a ton of cases.

Here's a shorthand sketch of how we're told it works:

Cases are identified as qualifying for the Blitz Docket.  The SAO and Defense try to reach an agreement, and the judge has the final say.  Oftentimes the judge will undercut the State, resulting in sentences way below SAO offers.  Here's the twist - judges will often give credit for time served, probation, or county sentences, even when the defendant scores mandatory Florida State Prison.  How, you ask?  Because the SAO, recognizing non-violent garbage cases when they see them, agrees not to appeal the sentence.  Everyone goes home happy, with the SAO freeing up precious resources to bring to bear against truly violent offenders.  It's smart and effective, and it'll never happen here, so long as Mike "Biggest Loser" Satz is running the show.  Sigh ...

                                        (As nasty as you wanna be, Vic ... )

  

Buzz buzz buzz .... Tobin's anti-JAABLOG Sun-Sentinel rant has thus far resulted in 1.) a call from the ADL yesterday, 2.) a call from an old Jewish man who greeted us with "Listen, I didn't kill Jesus Christ" (it's all good, by the end of the conversation he had a much better appreciation of racism in Broward's criminal justice system), and 3.) a tip today that the Broward chapter of the Florida Bar is considering meeting about potentially publicly denouncing JAABLOG and/or censoring your humble author. 

We spoke to Attorney Jim Cobb, who sits on the Broward Bar's Professionalism Committee.  He couldn't comment, except to confirm he has authored an email concerning JAABLOG, and he referred us to Attorney Carlos Llorente, President of the Broward chapter.  We left a message with Llorente, explaining we would love to be involved in any talks concerning JAABLOG, pointing out what a wonderful opportunity it would be to work together to get the message out concerning what's really going on in Broward courts, towards wide scale reform.  We also left a message with Adria Quintela, Director of the local chapter. 

We'll let you know when we hear back from either of them.

                                            THANKS VIC!

UPDATE: Thanks to the numerous supporters who called (and commentators too) to inform us that this noise has nothing to do with the real Florida Bar.  Apparently, it's just coming from the voluntary Broward County Bar Association, the local political judicial suck-ass organization that has either encouraged, approved, or ignored judicial bad behavior since their inception.  With that in mind, we won't hold our breath that they might actually be willing to help implement reforms in Broward.

UPDATE/ANOTHER RUMOR: Has Judge Joel Lazarus resigned as head of county criminal, on the heels of Holmes' resignation yesterday?  According to "ADIOS LAZARUS", he has.  We're trying to confirm ...

  

Strong buzz all day about a group of judges requesting a judges' meeting.  They reportedly want an up or down vote on Chief Judge Tobin's leadership.

The rumor also made it onto JAABLOG as a comment by "Confidence Vote".  Here's the text:

Confidence Vote wrote:
A majority of judges have requested a full Judges meeting for Friday and are requesting a (no) confidence vote be taken regarding Chief Judge Tobin

We called Tobin's office a few minutes ago.  We didn't talk to him, but his JA said she didn't know anything about a meeting, or anything to do with this issue.

Wait and see ...

Mayo: Does Florida need more judges or harder working judges?

Mayo: Who could take on Broward State Attorney Satz?

Holmes steps down as head of criminal division

Pulp: Courthouse Witness Unloads on Judge Larry Seidlin

DNA’s Dirty Little Secret: tool for exonerating innocent may actually be putting them in prison

  

We're hearing Judge Holmes has resigned her position as Chief Administrative Judge of criminal.  Judge Bidwill is rumored to have been tapped to replace her.

The reason may be "creative differences" with CJ Tobin.

Developing ...

  

Chief Judge Victor Tobin's comments in the Sun Sentinel today about JAABLOG are paying dividends.

We got off the phone a few minutes ago with Attorney Andy Rosenkranz, Regional Director of the Anti-Defamation League.  He called after reading the article, out of concern regarding the racist comments on JAABLOG.  He seemed satisfied with our explanation and response to the problem.

The great news is that bad things sometimes create good opportunities.  After the aforementioned discussion, we heatedly educated him on the plight of African-Americans and other low income minorities caught up in Broward's criminal justice system.  We explained to him how Broward sends non-violent African-American drug offenders to prison at twice the rate per capita of our neighbors via a selectively enforced, merciless drug policy, which proliferates addiction and poverty across generations of poor families.  We explained to him that Broward's institutional racism is an entrenched, ugly vestige of yesteryear, with absolutely no light at the end of the tunnel.  We begged him to join us in our fight to stop institutional racism in Broward courts once and for all, in keeping with the ADL's stated goal of defeating racism wherever it rears its ugly, monstrous head.

Rosenkranz seemed surprised about the state of affairs in Broward.  He promised to check out JAABLOG, which he said he never knew about before Tobin's comments. Most importantly, he promised to meet with us after he gets up to speed. 

An amazing day.  Reform will never come to Broward's criminal justice system without help from powerful political organizations like the ADL.  Help for Broward's poor minority communities may finally be on the way, now that the message is slowly but surely getting out.  In the end, we all might have to thank the racist JAABLOG commentator who, ironically, may have been the lightning rod that finally leads to real reform in the community.

How cool is that?

  

1.) & 2.) Co-workers will never mistakenly grab your brown bag lunch out of the break room fridge again, with impressive name tags like these attached; 3.) Former ASA Scott Janowitz in the house; 4.) Attorneys Terrence Moons, Kevin Kulik, and Eddie Kay (Terry is guilty by association); 5.) The old & the new - Judge Fred Berman enjoying his last term, with judicial candidate Steve Schaet hoping to start his first soon; 6.) Judge Ana Gardiner's office door last week.



County Commission settles on a
classic design for new Broward courthouse

Who dropped the dime on Ana?

"I felt like I was talking to a brick wall. Or a master obfuscator ...

In the last few days, I've spoken to two sitting judges who say Gardiner has missed many work days in the last year, and that Tobin and other judges would repeatedly cover for her chronic absences. The judges didn't want to be identified because their comments could violate the Code of Judicial Conduct.

As constitutional officers, state judges voluntarily adhere to vacation and sick leave guidelines set in each judicial circuit. Broward's policy gives judges 30 vacation days and unlimited sick days, and the chief judge is allowed to grant additional leave "upon the showing of good cause."

    TIME FOR A YOUNG CHIEF JUDGE DEVOID OF TIES TO BROWARD'S DYSFUNCTIONAL PAST

  

Judge Ana Gardiner is in her office, as this is being written.  Her JA, Maria Diamond, told us she is in fact working (we're not sure whether it's on a defense, or judicial business).  Diamond also told us Gardiner is not resigning.  Gardiner's office and hearing room doors were shut tight.  Her rumored response is still not filed.

In other news, here is Steve Schaet's filing.

SS: Judge Larry, coming soon to the small screen ...

                                            JAABLOG QUESTION OF THE DAY:
CAN THE SUPREME COURT SUSPEND A JUDGE WHILE JQC PROCEEDINGS ARE PENDING?



   SGT. SATZ: "I SEE NOTHING!"

Mayo: Satz running again

Grimm: Small-town scandals belie Broward's size

4closureFraud Blog: Gardiner is bank oriented

THE SEVENTEENTH: *SAO NEWSLETTER MARCH 2010*

Give her a break? - not going to happen.  Kicking people when they were down was a Division FD specialty, and now it's the little guy's turn.  Compassion and mercy are out the window, just like they were in good old FD, especially when you consider judges are held to even higher standards than even the impossibly high ones demanded of FD defendants.  And don't forget, Loureiro is merely a single case (isn't that right, Mr. Patanzo?).

ARE THE PENSION AND BAR LICENSE IN PLAY TOO?

Juice: Judge Porter Photo With Public Defender Only Looks Like an Endorsement

DBR: Broward County Judge Gehl retires after 15 years
(background: Gold Watch For Gehl JAABLOG 9/30/09)

  

Dribs and drabs have been coming in all day from different sources .... apparently, we stress apparently (since this is all rumor), Gardiner was originally offered a deal of a Public Reprimand and a $50,000.00 fine, pending Supreme Court approval.  Before the deal was consummated, however, something happened.  No one can say for sure, but it may have had something to do with the proceedings in Palm Beach (Motions & Transcripts), or possibly some external law enforcement effort resulting in additional phone records falling into the JQC's lap (the JQC is reportedly unable to issue subpoenas until a finding of PC, which means only law enforcement could have secured the records).  Whatever happened, the Supreme Court might have gotten real mad along the way, ultimately saying "NO WAY" to the proposed offer, which might have sent Team Gardiner into the downward spiral that brought us to this point in time.  People are also surmising that Judge Chernow Brown may have been privy to some inside info from on high during the pendency of the Motions, but that, as with the rest of this stuff, is purely speculation. 

As far as Gardiner's future, no one can say for sure. A response still hasn't been filed, even though a Team Gardiner lawyer was overheard saying it was on its way the day the news broke.  People are surmising that Team Gardiner may have been taken by surprise by the JQC announcement, that she may have intended to resign before the filing (which would have kept the whole thing private), but might hang on now since the damage is already done and she can at least continue to ratchet up her pension and collect a paycheck until the likely end finally comes. 

Again, this is all RUMOR.  It's just what's being discussed in the courthouse, so take it with a big grain of salt.

Response still not filed ...

SS: Gardiner stays away from courthouse

... It was the second day in a row that Gardiner failed to report to work ...

In other developments Thursday, The Florida Bar announced it would revive its investigation of Howard Scheinberg ... as a result of the JQC complaint, "The Florida Bar reopened [Scheinberg's] case as of today," Karen Kirksey, a Bar spokeswoman, said Thursday.

Scheinberg's attorney, Bruce Lyons, said that despite their numerous communications, Scheinberg and Gardiner had not discussed the murder case both were working on.

"Any comment now would be premature," Lyons said of the reopened Bar investigation of his client. "We'll wait and take a look at their allegations, and we'll respond in an appropriate fashion." ...

Chief Broward Judge Victor Tobin dodged a Sun Sentinel reporter who waited outside his chambers Thursday for two hours to speak to him about Gardiner's absence.

Pulp: How the Ana Gardiner Case Came "to Light"

... Gardiner's "best friend," according to her own testimony, is lobbyist Aleida "Ali" Waldman. Steve Hammer has long had his law office at 440 S. Andrews Ave. Who owns 440 S. Andrews Ave.? Why, a corporation owned by Ali Waldman, of course. To recap: The bar investigation was closed by a onetime Gardiner buddy who is also a tenant of the judge's best friend. And you wonder why there's no justice coming from the Florida Bar?

SS: BSO Deputy Wagers called out by The Public Defender

Prosecutor: Judge Kastrenakes biased against FHP

Stopped by the Florida Highway Patrol, an inflamed Circuit Judge John Kastrenakes lashed out at a trooper and said "he would always have doubts when a trooper appears in his courtroom," according to an FHP report made five months after the incident ...

  

Attorney Steve Schaet is filing for county court judge, challenging incumbent Judge Lee Seidman.  The race now becomes a four way, with Schaet joining previously announced challengers Nate Klitsberg and Jahra McLawrence.  The filing info should post today or Monday.

In other news, Judge Carlos Rebollo covered Judge Dale Cohen's docket today.  He reportedly told the lawyers that he will be there for a while.  Judge Joel Lazarus, previously picked as the interim judge, is apparently out.

Lastly, a tipster called with a "can't see the forest for the trees" moment.  The issue: did former ASA Howard Scheinberg prosecute or try any cases before Judge Ana Gardiner after the Loureiro case?  Obviously, now that the relationship has been proven, any convictions or terms of imprisonment might be in jeopardy.  Based on this concern, we called and left a message for Mike Satz and SAO PIO Ron Ishoy just a few minutes ago.  We deemed it an emergency, because if Scheinberg did, in fact, work cases before Gardiner after the relationship had blossomed, some individuals may be entitled to immediate post-conviction relief.  We'll let you know as soon as someone returns the call.

Never a dull moment in Satzland ...

  

 Into the mud, scum queen! (at 6:00 minute mark)

"I'll get you for this, you nigger kike wop ... " - no, that's not a snippet from some of the recent racist comments on JAABLOG.  It's a satirical line taken from Steve Martin's "The Man With Two Brains" (link above).  Ugly, powerful words reduced to nothing.  If only it was that simple in real life.

While it's certainly true that racial slurs say more about the speaker than anything else, the words still hurt.  For this reason, the commentator identifying himself as Mark Hillstrom is hereby permanently banned from JAABLOG.  All of his comments, and any other racially offensive posts, will be deleted.

Racism exists everywhere, and it's much more dangerous in the hands of its more sophisticated purveyors.  Poor minorities needlessly arrested or disproportionately sent off to prison with a polite "thank you, sir" is one example. Likewise, a modern, metropolitan county like Broward, boasting some of the worst institutional racism to be found anywhere in the nation, presents a greater crime against humanity than an army of foul-mouthed cranks in cyberspace could perpetrate in a thousand years. 

Rest assured, we'll be here as long as Broward County continues to send non-violent African-Americans to prison at nearly twice the rate of our neighbors.  Posters who utilize racial slurs, no matter how badly they may have been wronged, won't. 

It's just that simple.



        Bogenschutz, Gardiner, Dutko & Kroll
                     (Thanks to "Maestro")

JUDGE GEHL COUNTY VACANCY - JNC APPLICATION DEADLINE: 5:00 PM, MARCH 26th, 2010
                                (Click here for application instructions)

CHANGES TO BCJ IC PROGRAMS

Really Nasty Daily Pulp Gardiner Comments

BBeat: Richard Nixon, Ana Gardner and Howard Scheinberg

Mayo: Broward judges need better judgment

Sentinel: Gardiner accused of inappropriate relationship with prosecutor

The JQC all but accused the judge of lying, noting that during Loureiro's trial and beyond, she and the prosecutor made 3,388 calls and text messages to each other ...

The onetime prosecutor was cleared of any wrongdoing by the Florida Bar last May.

"There was no relationship between those two," Scheinberg's attorney, Bruce Lyons, said Wednesday. "If you or anyone else's spin is that's a lot of calls and they must have been doing something, you would be incorrect. Did they communicate, yes. Did they communicate about this case, the answer is no." ...

*SS: Scheinberg's Florida Bar Closed Complaint File*

(Attorney Steve Hammer, Gardiner's one time close friend and confidante, signed the letter clearing Scheinberg)

Gardiner & Scheinberg Depo Transcripts

NBC 6: Judge Accused of Hanky Panky With Prosecutor

During the murder trial in 2007, the two legal love birds (made) 949 phone calls and 474 text messages, according to the JQC complaint. Can you say, conflict of interest?

                (Congrats to Mike Satz on his bogus UM Award reception - why didn't they invite Caravella?)

  

Attorney Robert Gary Nichols has filed against Circuit Judge Carlos Rebollo.

Rebollo is another Crist appointee, well respected after a long stint in the SAO and a couple of years in Dependency.

He is, of course, Hispanic.  Let's hope this isn't more racial targeting, although, on its face, it reeks of it.

We don't know Nichols.  Post a comment if you have any info.

  

*2ND UPDATE* - rumors about a swift resignation may be false.  We're told Gardiner may be fighting the charges, and that a response has been or will be filed shortly.  Check here tomorrow for confirmation.

*UPDATE* - we asked Gardiner's JA Maria Diamond if Gardiner is resigning at 12:05 PM today (lots of rumors floating around).  The answer was a polite "no comment".  Gardiner's door to her office was shut tight.  Developing ...

NOTICE OF FORMAL CHARGES

During the period between March 23, 2007, when you began your close personal relationship with Mr. Scheinberg, and August 24, 2007, the date you imposed the death penalty on Mr. Loureiro, your phone records reveal, and you do not dispute, that you had 949 telephone calls with Mr. Scheinberg and 471 text messages, for a total of 1,450 separate communications over a period of 155 calendar days. That averages 9.35 communications per day between you and Mr. Scheinberg, 7 days a week ...

... On April 30 and May 1, 2007, during the penalty phase of the trial, you had a total of 12 communications with Mr. Scheinberg, including 10 telephone and 2 text messages ...

... On August 23-25, 2007, which included the date before, the date of and the date after the sentencing, you had 19 telephone conversations and 25 text messages with Mr. Scheinberg, for a total of 44 communications on those three days ...

... Your relationship with Mr. Scheinberg continued beyond the sentencing date of Mr. Loureiro. For example, during the period March 31, 2008, through the end of August, 2008, you had 1,166 telephone calls with Mr. Scheinberg and 2,222 text messages, for a total number of communications of 3,388. During that 154 day period, you averaged 22 communications per day with Mr. Scheinberg, which is almost one communication per hour for each 24 hour day ...

... a (JQC) Panel member asked you: "Could you explain the relationship with Howard Scheinberg since 1987?" This question called for an explanation of your relationship with Mr. Scheinberg from 1987 to the date the question was asked, November 13, 2008. Your answer to the question made no mention of your close personal relationship and the high volume of telephone communications and text messages between you and Mr. Scheinberg after March 23, 2007. Your answer was therefore misleading and demonstrates a lack of candor toward the Commission ...

... The same Panel member asked this follow-up question: "Again, just to clarify, my understanding is that you - - during the time your were a judge and he was a prosecutor, you did not have any kind of social relationship with Howard Scheinberg?" And your answer was: "If I saw him maybe at one retirement - - they gave they give plaquings [sic] to the younger prosecutors when they leave after three years. He could have been at a plaquing [sic] where the attorneys and the judges go. But I don't ever remember even sitting with him and socializing." This was a misleading answer because it failed to reveal the personal relationship and the thousands of calls and text messages between you and Mr. Scheinberg between March 23, 2007, and the date of the November 13, 2008, hearing before the Investigative Panel. Your answer demonstrates a lack of candor toward the Commission ...

There Go Da Judge - Driving Blind

Pulp: Judge Ana Gardiner Hit With Formal Charges

DBR: Broward judge charged with ethics violations

  

Roto-Rooter - will lightning strike our humble abode twice in less than a week?  That's the whisper.  Could this be what everyone's been waiting for?  Stay tuned ...

From Attorney Steve Schaet - "I am writing to inquire whether other Broward County Attorneys have had or are in a similar situation that I have right now.  Recently, I filed a motion to recuse Judge Robert Diaz because I feel, and most importantly, my client feels that he is not being reasonably treated by Judge Diaz.  Judge Diaz denied a Motion, and a Writ is being filed.  The facts of my client's case are as follows: 

(Excuse me for some of the following language but they are quotes from the probable cause affidavit and need to be used for this matter)

My client, a young black male, was stopped at a DUI checkpoint where he was a passenger in a vehicle along with three other black males.  The officers stated that they smelled the odor of burnt marijuana and asked them to all get out of the vehicle and produce their driver's license.  The occupants were "respectful and cooperative" when the officers began to search their vehicle but my client became agitated and disrespectful during the search process when it started to take a long time.  My client informed the officers that the reason for the search was because of their skin color, that their was no marijuana in the car and that they never smelled any marijuana in the first place.  The officers state that my client was being disruptive and yelling at them saying" fuck you and go fuck yourself" in English as well as Creole.  It is unknown if any of these officers present even spoke Creole.  My client does not deny that he argued with the police and used obscenities but he states they were cursing at him as well.  Amazingly, the officers did not find any marijuana in the car after an extensive search.  The officers told them to get back into the car and then threw their driver's licenses into the vehicle and the licenses scattered about.  They were instructed to drive away.  My client and the other occupants returned because my clients license was missing and was not returned to him.  When my client returned he got out of the vehicle and began shouting that he wanted his license back.  Cursing all the while.  The officers yelled back and told him to get out of there in an aggressive manner.  This is where my issue comes up.  My client, a black male, started to say things such as, "Suck my dick Nigga...I will fuck you Niggas up... and fuck you I am not leaving without my license...fuck all you niggas."  These officers are white and its pretty common knowledge that nigga is a slang term, for anyone, in the young black community. The officer's specifically spelled it with an "a" at the end and not "er" as well and no where do they say that they believed that his slurs were racially motivated. 

My issue is this: Judge Diaz may have a policy of offering jail if racial terminology was used during an arrest or directed at someone on scene.  Judge Diaz has offered jail on other clients that used racial terminology when it was a first DUI with no other reasons for enhancement.  In other words, possibly unwarranted.  Judge Diaz is offering my client 30 days in jail, he has no criminal history, all for a trespass and disorderly conduct.  My client feels he is not being treated fairly because of statements the Judge made in court.  He also saw Judge Diaz offer an individual who was originally arrested on a Burglary Battery, downfiled to a simple battery with over $20,000.00 in restitution for the injuries incurred by a helpless victim sitting in a car when the defendant walked up and struck the victim in the face during a road rage incident, receive a court offer below what the state was offering of just 10 days in jail and probation.  

  

*UPDATE* - Judge Dale Cohen is reportedly being moved to the Family Division, effective Monday.  We're told Judge Joel Lazarus will be covering Cohen's docket on an interim basis, until a full time replacement is named.  No word on whether Lazarus will maintain his own county docket while covering the circuit court division.  Is the move JQC related, Public Defender related, or both?  So many questions ...

Mayo: Lebow's calendar: Redactions and questions

Juice: Are There More Pain Clinics in Broward Than McDonald's? (Satz "zzzzzzzz")

No dice - the Executive Director of the JQC told us today that despite the very public probable cause finding against Judge Dale Cohen, the identity of the complainant shall remain top secret, pursuant to the Florida Constitution.  Unless the source is named as part of the proceedings going forward, we'll never know who dropped the dime ...

DBR: Broward judge accused of abusing power

"In a related development, Broward Public Defender Howard Finkelstein is considering filing a complaint with the JQC and moving to disqualify Cohen from all of his office’s criminal cases based on a conversation this week between Cohen and an assistant public defender.

“We are seriously looking at comments made by Judge Cohen to one of my lawyers, who is a female lawyer, that indicated that he gave way too much deference to prosecutors and way too little deference to females,” Finkelstein said.

When the defender claimed the prosecutor wasn’t being honest, Cohen pulled her aside and encouraged her to get along with the prosecution."

BBeat: Judge Seidman’s Campaign Under Attack

High Court Loosens Rule On Questioning Suspects ("14 Day Rule")

"SATZ SOFT ON CORRUPTION" - that's the logo being emblazoned on a sign we've ordered from Kinko's, after being inspired by one Jordan Michael Seitz (AKA Lyrikill.com).  It turns out Seitz is one heck of a 1st Amendment genius, who has been torturing our local courthouse tv journos for quite some time.  The current New Times has a nice spread on his completely legal guerrilla marketing tactics, including the following quote from WPLG Vice President Bill Pohovey: "It's a free country, and we're filming in public places".  Heck, we cross paths with the courthouse tv crews nearly every day ... besides annoying our telegenic pals, what's to stop us from flashing our Kinko's five dollar special every chance we get?  An educated voter is an intelligent voter, after all ...

"inissint" banks $121,000.00 - no, "inissint" isn't the most recent wrongfully convicted innocent person imprisoned or killed by the SAO.  He's former APD Mike Glasser, hitting his stride in the world of poker.  Mike won triple the starting salary of an ASA in a $216 No Limit Hold’em Turbo tournament on February 17th, topping a crowd of 2,880 players.  Well done!

Breakin' the Law - what's with all the police cruisers (marked and unmarked) driving around with illegal tint?  Is there some sort of exemption that allows them to have illegal tint, or is it simply the same one that protects people driving fancy, late model cars in affluent neighborhoods?  Time to call out the drug sniffing dogs (and yes, your Honor, the canine unit arrived long before the normal time it takes to write up a traffic citation).

Free CLE - If you're scuffling to get those CLE hours completed, the Law Library located on the first floor of the north wing of the Broward County Courthouse offers a good selection of titles.  Ask the reference librarian about lending procedures.  If you only need one hour to complete your requirement, click here for a FREE online demo offered by the Florida Bar.

JAABLOG'S Once Upon A Time - today we bring you YouTube video featuring Doc Brannon's alter ego, psychologist "Dr. Red Roberts".  That's right, as any native old timer will tell you, the good Doc was once a famous local tv wrestling personality, who obviously knew how to have lots of fun.  Click here to see him performing a skit with Rusty Brooks, after you've poured a big bowl of Sugar Smacks and a glass of Tang.  "Trust me, I'm a doctor ... "

                               (Thanks to all the Anonymous Tipsters)

  

1.) Congratulations!  APD Christine Robbins says goodbye today.  Drop by Tarpon Bend at Happy Hour to wish her luck in the civil sector (ASA Matt Margolis received great news too recently - no word yet where his party will be held); 2.)  Why is Ani smiling? Because she no longer practices law, that's why.  Former APD Ani Majuni Porter turned out for Diane Cuddihy's award dinner last week.  She's the director of Pre-Law Studies at the American Heritage School in Delray Beach, and she loves it (APD David Wheeler looks on); 3.) Santeria, Broward style (see ""I Put A Spell On You"); 4.) Attorney Al Milian with one of his self-described mentors, the legendary Judge Robert Fogan; 5.) Sun Sentinel reporter Tonya Alanez gets the scoop; 6.) Judge Lisa Porter and Howard Finkelstein.

Come on Buddy, tell us how you really feel about the Cohens ...

Some backstory on the Seidlin/Scherer lawsuit ...

What's a COOPPA? - Thursday night found every single politico (and political hopefuls) sucking it up at Century Village's annual COOPPA Installation Dinner.  Tons of judges (and challengers) were present, as was the one and only Mike Satz, escorted by the lovely Sarahnell Murphy, Mike's favorite election year prop.  If anyone needed further confirmation, they got it tonight ... Satz wants more, more, more! 

More bad news coming for Dale Cohen - news of the JQC complaint broke today, while another storm has been brewing from within Dale's division.  Apparently, affidavits have been sworn out regarding some alleged very bad prosecutorial behavior, with referee Cohen's initial response to the whole mess being given an "F" by the Public Defender's Office.  Are recusal motions on the horizon?  Wait and see.  We'll be following this one closely ...

Who called the cops? - the judge cops, that is.  That's the topic of conversation around the courthouse, in the wake of the Cohen news.  Steve Melnick told us early today in no uncertain terms that he didn't file the complaint, then asked us not to print it, and then later confirmed to the Sentinel that he wasn't the complainant (Steve also told us last summer that he wasn't bringing in the JQC).  So, who made the complaint?  Anyone know?  Hello?

Sct Justices want six new county judges for Broward

  

JAABLOG has been bringing you the best in fake journalism over the last few years.  Tonight we are departing from the proven formula, by featuring some real journalism for a change.  The following piece is an updated and greatly expanded original article by Joe Kollin, twenty-eight year veteran of the Sun-Sentinel, originally excerpted by the Daily Pulp back in April of last year.  Recent headlines regarding Mike Satz and corruption, together with Chief Judge Tobin's statewide corruption grand jury, have led Joe to elaborate on the age old grand jury pitfalls that have been plaguing Florida for as long as anyone cares to remember.  So, without further ado, please enjoy "Ethics Czars Not Needed ... If Florida State Attorneys Did Their Jobs", by the award winning REAL journalist Joe Kollin.

    Politicians who want ethics czars, inspector generals and task forces to placate us Broward residents about corruption in our local governments should check the law. 

    Broward, as well as every county in Florida, already has ethics czars, inspector generals and anti-corruption task forces with all the power and might of the state behind them. These watchdogs can subpoena witnesses and have them jailed for lying. They can indict any public official they believe violates the law, or they can just criticize them for violating the public trust.

    We don’t need more politically appointed bureaucrats, especially if it means having to give them subpoena power. 

    Grand juries are our watchdogs and they have all the power needed to root out corruption. Czars, inspector generals and ask forces would be superfluous.

    Yet county grand juries for years, especially in Broward, have been acting more like lapdogs than watchdogs.  That has allowed public officials to do as they please, knowing that no one is looking over their shoulders. As a result, the feds had to move in to make arrests in Broward corruption cases.  And it is forcing the state to step in, ironically, by empanelling a statewide grand jury to look at corruption.  

    County grand juries are made up of 15 to 21 residents picked at random from jury lists.  Members serve roughly six months and set their own meeting schedules. In addition to their anti-corruption role, they also look at death-sentence cases because no person can be put to death in Florida unless indicted by a grand jury. Grand juries deliberate in secret.  Members aren’t lawyers or politicians—they are lay people who represent all of us.

    To be fair, grand juries are told of their anti-corruption role by a judge who reads them a set of instructions on the day they are selected.  The instructions, approved by the Florida Supreme Court (431 So.2d 594), tell new grand jurors that they are “a deterrent to evil and corruption” and that “no officer or agency of government is above or beyond the reach of the grand jury.”

     The instructions also let them know of the “power to investigate the conduct of public affairs by public officials and employees, including the power to inquire whether those officials are incompetent or lax in the performance of their duties,” and lets them know that they are "a sword and a shield; a sword because the power of the grand jury has a chilling and deterrent effect on those who violate the law; it is a shield because of its power and duty to protect the innocent against persecution.”            

     Tell me that isn’t a mandate to probe corruption! 

    But the instructions are eight pages long, single-spaced.  Would you remember for six months the boring instructions that a judge reads immediately after you are selected for something that might take you away from your family and work?

    That’s why you can’t blame grand jurors for not recognizing their independent watchdog role.  Blame, instead, the elected state attorney, the chief prosecutor in each county, for grand jurors not knowing their watchdog role, said a long-time state attorney, now retired. 

     “It may not be a grand jury problem, it may be a prosecutorial problem,” said Joseph P. D’Alessandro, state attorney for the five-county circuit that includes Fort Myers and Naples from 1969 to 2002—eight consecutive terms.  He is now a partner  in a Fort Myers law firm, Goldberg, Racila, D'Alessandro & Noone.

    The chairwoman of the grand jury that served Broward most of last year, interviewed after her term ended, said the state attorney never reminded her panel of its anti-corruption watchdog function and its independence. 

    Lancea V. LeBlanc, 58, a federal government employee who lives in Sunrise, said she didn’t understood that she had the duty to investigate corruption in local government.  Had she realized it, would she have done so? 

    “I would have,” she said.   

    Why didn’t Broward’s state attorney impress on grand jurors their duty to probe corruption?  We don’t know. Michael J. Satz, who is in his eighth term as Broward’s elected state attorney, won’t discuss the issue, according to his spokesman, Ron Ishoy.  Satz was first elected state attorney in 1976 and is now serving his eighth term.             

    The reasons Satz and other state attorneys like to keep grand juries in the dark are obvious, however. For one thing, state attorneys aren’t immune from the watchful eye of the grand jury; the grand jury can investigate and indict them as well as any other elected or appointed official.  It hasn’t been unusual in the past for Florida grand juries wanting to investigate the state attorney, or not satisfied with his legal advice, to demand the courts appoint and independent lawyer as their legal advisor.

    Another reason some state attorneys want to keep grand juries in the dark: the grand jury might force them to prosecute someone they might prefer not prosecuting, such as a political ally.  

    Or the state attorney may fear a “runaway” grand jury, one that thinks for itself and could go off half-cocked. 

    D’Alessandro and his assistants—he ran five grand juries in five counties—kept each informed of their duties and independence.  So did the local media in those cities. As a result, it wasn’t unusual for grand juries to do what they wanted. 

    “They’ll tell us, ‘Please leave the room,’” D’Alessandro said.  “I’ve had them do it.”  

    Vigilant grand juries, based on what I saw in Florida over the years in counties where grand juries weren’t kept in the dark, could have helped prevent what’s happening in Broward, Dade and Palm Beach counties.  Public officials would have known that a body of powerful, independent citizens is watching them.

    If politicians sincerely believe that a new law is needed, maybe it should be one that requires a judge to meet monthly with every grand jury to answer questions and review their duties and obligations.  Or maybe voters should elect state attorneys who won’t try to control the grand jury.

    LeBlanc’s 21-member grand jury was selected and sworn in by Broward Circuit Judge Andrew L. Siegel last March 10.  Siegel orally read it the instructions, as he said is required. LeBlanc said that because grand jurors couldn’t recall those instructions, her grand jury did only what the state attorney wanted, .

    “It wasn’t our decision what was brought to the grand jury, we didn’t decide,” she said.

    She would have liked to know.

     “It would have given the people a chance to vote on what to look at instead of the state attorney telling us what to do,” she said.  “The grand jury would have made the decision.”

    So, doing what the state attorney wanted, the grand jury investigated pain clinics, issuing a 70-page report on the problem previously revealed extensively by the local media. 

    The state Supreme Court realized in 1981 that grand jurors can’t be expected to remember everything judges read and offered a solution, or so it thought.  It took action after the Grand Jury Association of Florida, a now-defunct Miami-based non-profit organization made up of former jurors, recommended giving jurors printed instructions.

    On April 16, 1981, the high court accepted the association’s recommendation and approved (431 So.2d 594) a handbook written in plain English for grand jurors so that they could take it home to review during their terms. [See the Supreme Court-approved handbook for grand jurors]

    The court approved the handbook in the same order as it approved the oral instructions (431 So.2s 594). 

    LeBlanc said she and her fellow grand jurors weren’t given the handbook. Whether current grand jurors received it in November when Broward Circuit Judge Lisa Porter selected them couldn’t be determined.  Porter didn’t respond to a request for an interview.

    The handbook tells grand jurors that their duties include investigations of  “how public officials are conducting their offices and their public trusts” and that the “importance of the grand jury's power is emphasized by the fact that it is one of the most independent bodies known to the law." 

    D’Alessandro, the retired state attorney, said that even before the handbook was written he made sure grand jurors were aware of their responsibilities. Most would have known, anyway, because the media in those Florida cities regularly reported the investigations grand juries conducted.  

    Other members of LeBlanc’s grand jury, and those selected for the current panel, couldn’t be reached to discuss their watchdog roles. Names of grand jurors have been considered secret since a Sept. 8, 1995 opinion by then-Florida Attorney General Robert A. Butterworth.  The opinion said that because grand jury deliberations are secret, the names of grand jurors also are secret. The only exception is the foreperson or acting foreperson who signs indictments and presentments.

    Until Butterworth’s opinion, the names of grand jurors were considered public and newspapers often published them so anyone afraid to report corruption to police or law enforcement would have someone they could provide a tip, maybe even a neighbor.  Every six months for 15 years I put the names of new grand jurors in newspapers where I worked and members have told me it resulted in tips about public officials.

    Would LeBlanc have taken a tip from a neighbor with knowledge of corruption to her grand jury for discussion?

    “I don’t see why not,” she said.

    D’Alessando said he wonders how state attorneys can control grand juries if the court gives them the proper instructions, gives them the handbook and state attorneys remind them of their independence.

     “The court picks 18 people and reads them the [instructions] that tell them they are the most powerful people in America, so they know they’ve got the power,” he said. “You can’t then go in five minutes later and tell them what to do.”

    Some obviously do.  

    “Grand juries are the backbone of our democracy,” he added “They have a tremendous function, such as investigating government, suggesting how it should work and making recommendations to make it more efficient. They don’t just indict people, they investigate even when a crime hasn’t been committed.”

    Victor Tobin, as Broward’s chief judge, is responsible for the Broward grand jury and has been appointed to supervise the new statewide grand jury probing corruption. He didn’t respond to a request for an interview. 

    Tobin has assigned Circuit Judge Robert A. Rosenberg to preside over Broward’s next grand jury. Its term begins soon—on March 19.             

                                                [See the state grand jury law]

(Thanks to Joe Kollin.  Let's hope he continues to class up the place with his thought provoking articles)

  

The JQC has filed charges against Judge Dale Cohen.

Click here for the Notice of Formal Charges.

Click here for the transcript of the hearing between attorney Steve Melnick and Cohen that led to the charges, posted on JAABLOG back in August ("On a lighter note").

Click here for the Motion To Recuse filed by Melnick, posted on JAABLOG on August 10th, 2009 ("Boy the way Glen Miller played").

                    (Pretty fast work by the JQC ... what's up with the Pontiff?)