PD'S LETTER TO HOLMES AND HER RESPONSE
I have copies of the letters between the PD and Judge Holmes. Frank's letter went out 1/11 and started with 5 paragraphs about the incident featured in Don's blog from the PD's point of view. It then goes on to list 8 points about issues the PD is generally unhappy about in Holmes' Court. In the interest of brevity, I am only posting Frank's 8 points and the Judge's response to the 8 complaints (the Judge's letter starts with a 6 paragraph response to the PD's view of the incident from Don's blog). If you want copies of the full letters, email me at wgelin@yahoo.com.
Frank:
"1. Lack of access to the court. Our incarcerated clients wishing to resolve their cases routinely have to wait weeks, or even months, to get in front of the court to resolve their cases by plea.
2. The bailiffs in your courtroom are abusive, rude and disrespectful to our lawyers and our clients. I have daily complaints from attorneys regarding the way they are treated by your court staff.
3. Your judicial assistant repeatedly misplaces or loses motions to continue resulting in our clients' cases being inappropriately placed on the trial docket. The court then refuses to entertain the motion to continue on the trial date.
4. Your judicial assistant repeatedly misplaces, loses or ignores courtesy copies of motions filed by the APDs resulting in delay or frustration. This Court requires copies of motions before it will set hearing dates. Your JA does not provide hearing dates and we have to send second and third copies of motions before any hearing date is given. We recently received a hearing date for March, 2007 on a motion filed and sent to your office in September, 2006. In other cases, motions were filed and sent to your office in Nov. and your JA notified us yesterday, Jan. 10, 2007, of hearing dates, some set as late as March. Some of these motions were filed on behalf of IC clients.
5. This Court's treatment of attys has been disrespectful and dismissive.
6. the incarceration of clients for being late and the (C)ourt's refusal to allow an opportunity to explain their tardiness. The (C)ourt routinely detains these individuals for hours before finally releasing them. This practice is abusive and unfair and wastes attorneys time while waiting hours for the (C)ourt to allow them to speak on behalf of the client. In one instance, a defendant arrived to court with an infant, learned that she could not enter the courtroom with her child and left to secure child care. While she was gone, the (C)ourt issued a capias. Upon her return, the (C)ourt refused to hear the defendant's explanation and kept her in custody overnight. After finally learning of the circumstances, the (C)ourt released the defendant. This is another example, similar to the one described above involving the client speaking to counsel in the hallway, of the (C)ourt's failure to provide an opportunity to be heard resulting in a grave miscarriage of justice.
7. Failure to communicate to counsel the (C)ourt's rulings on motions to continue. The Court requires all motions to continue be filed and provided to the court by the Weds. preceding a Mon. trial date. However, counsel is not advised of the court's ruling and must prepare for Mon. trials over the wkend when the case has been continued by the court.
8. failure of the JA to return phone messages and/or advise counsel of rulings on pending motions.
I am requesting that these matters be addressed immediately"
Judge Holmes writes back on 1/12:
"1. Your accusation of denial of access to the court is not true. I think you can see from my daily dockets that I arraign more defendants than most judges in Broward. I am told by the clerk that the cases are randomly assigned but I arraign on the average of 80 cases a week. After the arraignment, motions that don't require more than 5-10 minutes are heard. Some weeks there have been at least 20 of these hearings per day. After that I try to get to trial. Last year, for the first time in my career, I sent out cases to be tried by other judges so that I could hear motions to dismiss, suppress and for downward departures. On the average, most hearings are set within 30 days, with the exception of bond hearings. I have instructed my asst. to set those immediately, even if she has to cancel other types of hearings. COPs are scheduled every day. What is problematic is that just about every drug case is now set with a motion for DD. This requires witnesses and experts. There have been instances where your assistants have asked for COPs and set them far out so that defendants could finish programs while in jail.
2. I have spoken to all of my deputies. They have told me the problem is that the assistants are arriving to court late, usually minutes before I take the bench. In many courtrooms many of the attys sit in the jury box next to their client. I have been informed that this is a breach of BSO security policy. So when counsels are asked to leave the box and refuse, I have heard a raised voice form time to time. When I am on the bench, That is not the time to sit in the box to discuss cases unless I make the defendant an offer or there is a matter that counsel must confer with the client while the case is being heard. Of course, the atty has to communicate the offer and ask questions of the client. Also, because the record in criminal cases is so important, I ask the deps to maintain decorum in the courtroom. I would like to know which deputy is being rude so that I can address the matter.
3-4. I have asked my JA about pleadings. She assures me that everything is up to date. I spend most of my time in the courtroom so I have to rely upon Linda to get the mail answer the telephone and to schedule hearings. I also allow the attys to give me copies of pleadings they left and I answer them or set them when I leave the bench personally. Your assistants can tell you that when I find out that a matter has not been set after an inordinate amount of time, (I) will schedule the hearing myself. I will speak with Linda again. Also, the assistants know and I have asked them to let me know if a matter does not get set in a reasonable amount of time. I've asked that the estimated time that it would take to hear the motion be either communicated with Linda or written on the motion by the atty so that Linda would know how to set it. This division was left with a lot of old cases. Even if I send them out to trial units, motions have to be heard prior to sending them. If a defdt is incarcerated their case is given preference. Many of the attys are requesting half day hearings. This consumes a lot of court time. When requests are made for more than 30 minutes, it takes a lot more creativity on Linda's part to fit the cases in. Also, many attys request 30 minutes when they know that the hearing will take hours.
5. I have always treated attys with respect. I would like specifics regarding my disrespectful and dismissive treatment of attys. There are times when the atty is upset with my ruling and wants to continue to argue the matter...So as always, to avoid having the matter escalate into something more serious, I have been known to ask the atty to please step away from the podium or to please remove themselves form the podium....
6. I would like specifics regarding this allegation. Without a name or case number I cannot comment on this matter. As I have said, I call the name of the defendant at least three times before issuing a capias. If there is no answer, I issue a warrant.
7. If continuances are filed timely, they are signed by me on Weds. and left on Linda's desk before I leave for the night. For the APDs, Linda places a copy in the box in the courtroom at least by on Thurs. Also, your assistants should feel free to speak with my in court clerk because she gets the original signed orders from Linda. Also, I have started making a handwritten list for my in court clerk of continuances granted so that she can remove the cases from the docket. Mr. de La Torre, I think this complaint is the same for every courtroom. I also think that if the assistants know the case is "old" (2 years) then they should prepare for trial. However, I look forward to sharing any ideas you might have to make this a better process.
8. I agree with you that the phone is a problem. Yet, I think the same can be said of other divisions. I have called other colleagues only to get a recording. The JAs are very busy. However, your assistants can tell you that there are times that I call from the bench for a hearing date and can't get Linda. She's either on the phone or picking up mail. I will speak with her to see if a better practice can be used."
Judge Holmes ends with a request to set a meeting this week in order to further address the issues.
No commentary from me except that I find it interesting that she highlights how every drug case results in a motion for DD and it clogs the docket. Gee, maybe this is why the State in Miami and PB counties make negotiated DD offers at arrgn. (or don't file the crap in the first place). Keep the faith, maybe with Melnick running and the rumor that Juan Arias might throw his hat into the ring for SA too might lead Mr. Satz to modernize his thinking.
Bill Gelin
Frank:
"1. Lack of access to the court. Our incarcerated clients wishing to resolve their cases routinely have to wait weeks, or even months, to get in front of the court to resolve their cases by plea.
2. The bailiffs in your courtroom are abusive, rude and disrespectful to our lawyers and our clients. I have daily complaints from attorneys regarding the way they are treated by your court staff.
3. Your judicial assistant repeatedly misplaces or loses motions to continue resulting in our clients' cases being inappropriately placed on the trial docket. The court then refuses to entertain the motion to continue on the trial date.
4. Your judicial assistant repeatedly misplaces, loses or ignores courtesy copies of motions filed by the APDs resulting in delay or frustration. This Court requires copies of motions before it will set hearing dates. Your JA does not provide hearing dates and we have to send second and third copies of motions before any hearing date is given. We recently received a hearing date for March, 2007 on a motion filed and sent to your office in September, 2006. In other cases, motions were filed and sent to your office in Nov. and your JA notified us yesterday, Jan. 10, 2007, of hearing dates, some set as late as March. Some of these motions were filed on behalf of IC clients.
5. This Court's treatment of attys has been disrespectful and dismissive.
6. the incarceration of clients for being late and the (C)ourt's refusal to allow an opportunity to explain their tardiness. The (C)ourt routinely detains these individuals for hours before finally releasing them. This practice is abusive and unfair and wastes attorneys time while waiting hours for the (C)ourt to allow them to speak on behalf of the client. In one instance, a defendant arrived to court with an infant, learned that she could not enter the courtroom with her child and left to secure child care. While she was gone, the (C)ourt issued a capias. Upon her return, the (C)ourt refused to hear the defendant's explanation and kept her in custody overnight. After finally learning of the circumstances, the (C)ourt released the defendant. This is another example, similar to the one described above involving the client speaking to counsel in the hallway, of the (C)ourt's failure to provide an opportunity to be heard resulting in a grave miscarriage of justice.
7. Failure to communicate to counsel the (C)ourt's rulings on motions to continue. The Court requires all motions to continue be filed and provided to the court by the Weds. preceding a Mon. trial date. However, counsel is not advised of the court's ruling and must prepare for Mon. trials over the wkend when the case has been continued by the court.
8. failure of the JA to return phone messages and/or advise counsel of rulings on pending motions.
I am requesting that these matters be addressed immediately"
Judge Holmes writes back on 1/12:
"1. Your accusation of denial of access to the court is not true. I think you can see from my daily dockets that I arraign more defendants than most judges in Broward. I am told by the clerk that the cases are randomly assigned but I arraign on the average of 80 cases a week. After the arraignment, motions that don't require more than 5-10 minutes are heard. Some weeks there have been at least 20 of these hearings per day. After that I try to get to trial. Last year, for the first time in my career, I sent out cases to be tried by other judges so that I could hear motions to dismiss, suppress and for downward departures. On the average, most hearings are set within 30 days, with the exception of bond hearings. I have instructed my asst. to set those immediately, even if she has to cancel other types of hearings. COPs are scheduled every day. What is problematic is that just about every drug case is now set with a motion for DD. This requires witnesses and experts. There have been instances where your assistants have asked for COPs and set them far out so that defendants could finish programs while in jail.
2. I have spoken to all of my deputies. They have told me the problem is that the assistants are arriving to court late, usually minutes before I take the bench. In many courtrooms many of the attys sit in the jury box next to their client. I have been informed that this is a breach of BSO security policy. So when counsels are asked to leave the box and refuse, I have heard a raised voice form time to time. When I am on the bench, That is not the time to sit in the box to discuss cases unless I make the defendant an offer or there is a matter that counsel must confer with the client while the case is being heard. Of course, the atty has to communicate the offer and ask questions of the client. Also, because the record in criminal cases is so important, I ask the deps to maintain decorum in the courtroom. I would like to know which deputy is being rude so that I can address the matter.
3-4. I have asked my JA about pleadings. She assures me that everything is up to date. I spend most of my time in the courtroom so I have to rely upon Linda to get the mail answer the telephone and to schedule hearings. I also allow the attys to give me copies of pleadings they left and I answer them or set them when I leave the bench personally. Your assistants can tell you that when I find out that a matter has not been set after an inordinate amount of time, (I) will schedule the hearing myself. I will speak with Linda again. Also, the assistants know and I have asked them to let me know if a matter does not get set in a reasonable amount of time. I've asked that the estimated time that it would take to hear the motion be either communicated with Linda or written on the motion by the atty so that Linda would know how to set it. This division was left with a lot of old cases. Even if I send them out to trial units, motions have to be heard prior to sending them. If a defdt is incarcerated their case is given preference. Many of the attys are requesting half day hearings. This consumes a lot of court time. When requests are made for more than 30 minutes, it takes a lot more creativity on Linda's part to fit the cases in. Also, many attys request 30 minutes when they know that the hearing will take hours.
5. I have always treated attys with respect. I would like specifics regarding my disrespectful and dismissive treatment of attys. There are times when the atty is upset with my ruling and wants to continue to argue the matter...So as always, to avoid having the matter escalate into something more serious, I have been known to ask the atty to please step away from the podium or to please remove themselves form the podium....
6. I would like specifics regarding this allegation. Without a name or case number I cannot comment on this matter. As I have said, I call the name of the defendant at least three times before issuing a capias. If there is no answer, I issue a warrant.
7. If continuances are filed timely, they are signed by me on Weds. and left on Linda's desk before I leave for the night. For the APDs, Linda places a copy in the box in the courtroom at least by on Thurs. Also, your assistants should feel free to speak with my in court clerk because she gets the original signed orders from Linda. Also, I have started making a handwritten list for my in court clerk of continuances granted so that she can remove the cases from the docket. Mr. de La Torre, I think this complaint is the same for every courtroom. I also think that if the assistants know the case is "old" (2 years) then they should prepare for trial. However, I look forward to sharing any ideas you might have to make this a better process.
8. I agree with you that the phone is a problem. Yet, I think the same can be said of other divisions. I have called other colleagues only to get a recording. The JAs are very busy. However, your assistants can tell you that there are times that I call from the bench for a hearing date and can't get Linda. She's either on the phone or picking up mail. I will speak with her to see if a better practice can be used."
Judge Holmes ends with a request to set a meeting this week in order to further address the issues.
No commentary from me except that I find it interesting that she highlights how every drug case results in a motion for DD and it clogs the docket. Gee, maybe this is why the State in Miami and PB counties make negotiated DD offers at arrgn. (or don't file the crap in the first place). Keep the faith, maybe with Melnick running and the rumor that Juan Arias might throw his hat into the ring for SA too might lead Mr. Satz to modernize his thinking.
Bill Gelin
Humbly,
Bill wrote: "No commentary from me except..." the usual. With the utmost respect, you did comment. On an issue that is irrelevant for purposes of this discussion and utterly detracts from the correspondances between our office and the Judge.
Yes, you may write what you want. Of course. But, you are detracting from the issue by commenting. Use of the word "except" does not except fact that you are mixing apples and oranges.
THE ISSUE IS HOLMES; THE LETTER WRITTEN, AND HER RESPONES. NOT YOUR CONTENTION WHICH WEAKENS EVERY MOMENT YOU SHOVE INTO EVERY SITUATION.
That is not to say over prosecution is unimportant. It is just that you steer the debate away from where it ought to be by injection of tangential opinions. Specifically, the letter, the response, the TRUTHFULNESS of Holmes' response, and nonconsideration to the issues originally stated in the Sentinel article intrinsically.
Imagine if it were your client that got screwed for 15 years and you had to fight it up the appellate ladder while the client rots. In the meantime, a blogger writes about issues tangential to the judge that screwed [the client] for fifteen years. Would you want to listen to your (now growing tired and over-played) rant? No way. Be honest. Publish the letters as they are and since you are some kind of leader at JAAB apparently, write a follow up editiorial or comment like most normal blogs and newspapers do. The comment section is designed for editorializing unless the original article is couched as an editiorial piece unto itself.
We can use your two cents but here's the addition of two and two when calculating the wisdom of your blog:
Bill's 2 Cents + PD's And Holmes Debate (2 Cents) = An intellectual deficit.
The line from Dragnet would suffice here.
Please, Stop. Not writing. But inserting your opinion into facts that we really need to view without obstruction. Write an Op-ed collumn distinct from this issue.
I have experienced the issue with Holmes not listening to an attorney to explain why a client was late. Some clients give ridiculous reasons, some are honest and understandable. The problem is Holmes refuses to listen so she can weed out the real from the fictitious explanations. I find it interesting that she skirts the issue in her letter by saying she needs names of cases before she can comment.
My hope is that the next time an attorney needs to approach the bench on this issue she will listen. If that occurs, then some good has come out of this situation.
I agree. Holmes NEVER listens. She treats the state and the defense badly. Keep JABBIN!
Enough jabs have been thrown here. The 4th DCA has thrown plenty of jabs too. One-two; one-two. Ali would be proud. It's time to end this with a one-two lightening hook followed by an upper-cut and send these legal issues to the canvas by: K.O. A devastating left from the "left" is the way Ali would do it. Plus, to continue with the metaphor, if Ali were in the unsweet science of boxing, she'd go down like Liston. Phantom punch.
"The unsweet science of politics." Anything new yet?
First I agree with Stop, the credibility of the argument regarding the bad treatment of drug offenders in Broward to other areas is stale. You dilute the viability of the argument by tying it in to everything you wrtie about on here. The people who read this blong work in the system you are not exposing something that is not readily known (though maybe not the degree you say it is). You have put yourself on the line to fight these wrongs and for that you should be commended. But to keep talking about it on here is merely singing to the chior.
Don, how is asking for specific case numbers skirting the issue. In all fairness if you want to take her to task she at least has the right to ask for specifics.
All I can say for Judge Holmes is that 2 weeks ago I got appointed to a case in her division. She personally called my office late on a Thursday afternoon asking if I could accept an appointment first thing Friday morning. She called personally because she felt bad that the Defendant had been in custody a long time because he first had a PD then a Private, then a PD again who withdrew.
As for her Bailiff's, I am certainly not in her courtroom as much as her PD's but those ladies have always been good to deal with.
As for Frank's letter, he sure makes it seem that the PD's have been getting the shaft in there for a long time, if so, why did the PD's office wait so long to address these problems?
agree with ahearn and stop. "THE TRUTH" is some private attorney's have mixed feelings and have seen as much and then some. Same with ASA's. However, b/c A.I. respects her game (wisdom) so much, I think she should be given a chance and this can work out to be a plus. The TRUTH is the letter was completely fair and was a last resort after phone calls were not returned and after the judicial conduct rose beyond "isolated incidents." There is a pattern, but, it can be broken. The easy way or the hard way. I hope easy this ain't some long drawn out pissin' contest b/c in the end, we would lose a brilliant jurist. The experience you had with the phone call is not unlike a lot of nice and warm things she does. But, on the turn of a dime, she changes. And, when that happens to a pd, private, or asa, it hurts them and clients. In very tangible ways. Jail for instance. Why the pause by the office? Maybe they hoped she would change and get better.
point taken y'all, but I'm trained in "stick to message". and I also want it changed now since it's way too irrational here (of course, IMHO).
I'll try to be good but if I may critique, I think the real problem here is that no one but Don and I and a few others are posting. there is no "JAABELITE". I've been trying since day one to get folks to be authors, to post whether gossip, entertainment, or social causes or coverage or whatever on the main page, to make this like a real time newspaper or magazine that everyone around the courthouse can use to break the routine, if they are so inclined (the fact is that LOADS of people are reading this thing).
so why not pitch in? there are obviously lots of good, funny writers in the commty. and most have self-control (nothing personal mr. macaroni).
contact JAAB - post in your name or anonymously a la Rumpole (I strongly disagree with Don and Brian on this one). no one will know its you, even me (I don't administer this blog).
in any event, I appreciate the critique. patience was never my strong point.
Bill
sorry - forgot to say that I would really welcome someone into photography or video who would be willing to be like the photo editor who could either find or take pics/video of people around the cthouse or from wherever or get them emailed to themselves from whomever who would then post photos or video whenever they feel like it. this would be cool. let me know wgelin@yahoo.com or info@jaablaw.com.
and no, i was never into high school yearbook or anything like that.
Bill's right. There is no JAAB elite. That would be a contadiction in terms. Seriously, the blog is great. But the organization has no platform put into action as a whole group yet. For instance: What is JAAB's position on the Holmes Issue: Has there been a resolution passed at a meeting? Like you know, board meetings? Second, what are the functions of each chairperson. Some are self evident. Others are not. Third, why are you the primary poster? Why doesn't Mr. Finkelstein ever write? He got on stage and preached a great deal. Yet to write a comment for us, but has the time to comment in other media avenues. Howard is famous for saying "perception is reality." Well, if that's true, it's pretty much perceived that you are Howard's voice. Which is ok. Just, we should know. There was a really good definition for jaab elsewhere but it's lost now. Thank you for being a torcholder for the 1st amendment. That should never be understated. But whomever taught you about the sound bites (hmmm) should realize they work better with sound than with words. Also, there are plenty of other scholars who would disagree with your approach from a political science point of view. Lastly, again, thanks for the opportunity to vent and all to the creators of the blog.
There really should be a jaab elite and a functioning organization. That way, the tag "elite" can be excised. Transparency as to the organization is critical. Board meetings, funding issues, platforms, real votes (not polls), i.e. the stuff that organizations do on planet earth.
Nimrod. I'm "The Truth" you're the "Answer." Since it seems to all be covered, I won't sue you. I demand a retraction AI. PRACTICE! PRACTICE! How about practicing your own nickname for starters?
Well then, how do you post? I have attempted to register for the message boards, but when I try and log in I learn that my account has not been activated....who activates the accounts?
Send email to info@jaablaw.com!