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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