CHIEF JUDGE RESPONSE LETTER
DALE ROSS
CHIEF JUDGE
SEVENTEENTH JUDICIAL CIRCUIT OF FLORIDA
BROWARD COUNTY COURTHOUSE
GEORGE W. TEDDER, SA. DRIVE
201 S.E. 6TH STREET
FORT LAUDERDALE, FLORIDA 33301
February 6, 2007
Howard Finkelstein
Public Defender
Law Office of the Public Defender
201 SE 6th Street, Suite 3872
Fort Lauderdale, Florida 33301
Dear Howard:
I am in receipt of your January 24, 2007 letter regarding magistrate procedures.
I don't necessarily agree with the premise of your letter. I don't believe Constitutional rights are being
violated. The current process has withstood constitutional muster. The issue you identify is not a constitutional
right as you indicate, but a procedural right created by Rule. In any event, I believe we all should comply with
the rule.
I am hereby requesting the Sheriff of Broward County to present all persons who have been arrested
within the past twenty-four (24) hours for magistrate court at 8:30a.m. as normally scheduled. There
should/shall no longer be a 4:00a.m. cut-off. People shall be brought to magistrate court, regardless of the status
of booking. If necessaiy the booking process can be completed after the defendant has seen the magistrate
judge.
If, for some unexplained reason, an after 4:00a.m. arrestee/bookie does not make magistrate court, your
offce, the Clerk or the Sheriff shall advise the judge to whom the case has been assigned and the assigned judge
can conduct the first appearance hearing at his/her earliest convenience during the day.
Sincerely,
DALE ROSS
DR/cb
cc: Terence Lynch, General Counsel BSO
Pretrial Services
Detention Chief
Howard Forman, Clerk of the Courts
Mike Satz, State Attorney
Carol Lee Ortman, Court Administrator
All Circuit and County Criminal Judges

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