LETTER TO THE EDITOR RE DALE ROSS BY SAM FIELDS, ESQ.
From the Miami Herald, today, March 8, 2007.
"Ross a caring judge"
"Re the March 7 story 'Once-praised judge accused of insensitivity': After reading the headline and the first few paragraphs alleging that Broward County Chief Judge Dale Ross is insensitive, I was sure he must have used the N-word.
However, after learning about the purported transgressions, I concluded that the complainers were utterly humorless or have never been in a courtroom, where you often will hear a joke to break the tension. By the end of the article I saw what this is all about. It's Bill Gelin, a founder of the Justice Advocacy Association of Broward, and his "gotcha" politics.
I have known Ross for more than 20 years and managed one of his campaigns for reelection. Politically we don't agree on what time the sun comes up. He's a tough sentencer. As a criminal defense lawyer, I have left his court with less than a smile on my face. But nobody cares more about the quality of the Broward bench, as evidenced by the secret ballots with which fellow judges have repeatedly elected him chief judge.
-Sam Fields, Plantation"
Mr. Fields cannot read: Nine minority bar groups filed the complaint with the Supreme Court. The last time I saw Bill he was not a minority nor did he have nine personalities.
''Judges have views; why are the voters better off not knowing what they are?'' said Sam Fields, a longtime Fort Lauderdale lawyer and political consultant who ran unsuccessfully for the bench in 2000. ``I think it's important for people to know their philosophy.''
http://www.judicialaccountability.org/articles/freespeachfor.htm
If I understand what happened, my opinion would be that you are agreeing that he was just voicing his philosophy of which he has a right too?
I agree with Sam wholeheartedly. Anyone who has spent time in Judge Ross' courtroom will see the following: A judge who, first of all, knows the law, and second of all, cares about it. Second, one will observe a tough judge who will likely sentence your client at the higher end of the discretionary range; however, you know that going in. No one is surprised by that nor is anyone treated any differently based on race, religion, gender, or color. Judge Ross is consistent. Next, and probably most important, one will observe a fair trial with legally sound rulings on objections given to both the state and defense. And, one will observe humor like Sam said, 'to break the tension.' One may opine that Judge Ross' humor can be 'politically incorrect (i don't) at times, but it is never ever intended to be disrespectful or demeaning.
I just wanted to weigh in a bit too. I was a PD before Judge Ross when he ran a juvenile division. I agree that sometimes he could make me laugh, but overall I think his "humor" was totally inappropriate. His comments were generally nasty, snide, and designed to belittle and humiliate the people before him. He did not attempt to temper his comments based on the fact that he was dealing with children or sometimes even mentally challenged children, and I really found it despicable that the man who supposedly sets the tone for how all judges should behave (he is the Chief Judge after all) would act in such a cold and inhumane matter. It's unfortunate that so many attys and other judges who know this to be true (because they've told me) won't speak out as well, but I understand everyone has their career to think about. Lastly, no one forced those bar reps to sign the letter. I believe my quote in the paper is correct, namely that judges must understand the demographic they serve or they shouldn't be on the bench at all (Broward is now a minority majority). It's just unfortunate that there is no local redress and that outside forces such as the Supreme Court need to be brought in at all, but I believe we are all slowly starting to make a difference.
Sam- I read your letter and what strikes me as interesting is that you have known Dale for more than 20 yrs, worked on his campaign for re-election and seem to be a friend of his and the first thing you thought he did when you read the headline and seen his name was to think he used the N-word! Wow! You know him very well, probably better then most lawyers and you thought he used the N-word. Is there something you are not telling us? Does he use the N-word that often that this is the first thing that comes to your mind? Maybe the quality of the Broward bench will increase without rednecks who use the N-word. Maybe Dale Ross never used the N-word in your presence or in his entire life. Maybe he really isn’t a redneck. Either way I am sure he is happy to have a friend like you to publicize to hundreds of thousands of people the fact your first thought was that he used the N-word! Maybe this could be a new mission for you- you could be responsible for outing all the racist, N-word using friends of yours. Maybe the partners at your law firm Ruden-McClosky…should be worried that you stick up for your racist friends who are public officials, I hope they don’t share the same sentiments as you do! Finally, not all of us are middle aged, white, jewish males and we are offended by the remarks Dale makes. We all should at least question the intelligence of a Judge stupid enough to make them.
Ross knows the law and cares about it? Well, lets see, why don't you read Hern v. State, 747 So. 2d 1039 (Fla. 4th DCA 1999), a case that stands out in my mind as a travesty of justice. Ms. Hern was on community control for possession of cocaine and signed in at a rehab session at 6:15 p.m. The group let out at 8:15, and Hern was supposed to be home by 8:30. She missed her bus home and decided it would be faster to walk instead of wait for the next bus. She got home at 9:05. Oh yes, she was physically disabled so her walk home took longer than expected. She had completed two out of three phases of rehab and this was the first problem she had while on community control. Ross sent her to prison for almost two years. The Attorney General conceded error, which they rarely do, and Ms. Hern was released after spending over a year in prison. If you claim to be a defense attorney and this case does not bother you, please apply immediately to the Office of the State Attorney.
Don - what was that case that Dave Bogenschutz won where the 4th said Ross acted like a prosecutor on a VOP and ignored all known law?
Don,
Maybe you will respond to this because we know Bill doesnt like to respond to anyone anymore.
So if you support the position that Bill and the other groups have taken, does that mean that you believe Howard and the PD at the magistrate hearing were wrong? That they lied when they said that they had no issue with what was said? That their opinion that the comments were innocent wise cracks and the Defendants received good sentences was incorrect?
Come on Bill respond to this, you are not scared to be critical of Howard and the PD that represented these people are you?
Sam: After knowing you for many years, I'm not particulary surprised at what I hear, but I am surprised at the extent to which you make your case for Ross. You are as aware as any other practitioner in this County that what you espouse beyond your own attempt to gain favor with the powers that be, could not be further from the truth. All you have to do is sit in his courtroom for 30 minutes to see the truth of the matter. If this is truly how you feel, perhaps it is better that your attempt to become a member of the judiciary failed. People sitting in positions of public trust being paid by taxpayer's dollars never should feel at liberty to make light of or abuse those taxpayers, whether minorities or not, regardless of the crime charged. I'm sad to hear this kind of self aggrandizing behavior from any member of the bar. Shame on you Samuel Fields. This self-serving behavior sets a very bad example for the rest of us.
Mike makes a good point. Do you think that this could be a case of the chickens finally coming home to roost? That might the situation. Judge Ross has poured salt into so many wounds over the years. This could be the comeuppance.
Hey Sam, if you are reading,
why was Ross looking to the side at the staff and smiling after he made his statements. Creates the impression to me and Im sure the defendant's that he is laughing at them. I didnt see any of the defendants laughing with Ross. Before you open your trap, why dont you talk to those defendants and get their take if they thought it was humorous. It does not matter what you and I think, it matters what they think. Have humor about the lawyer or a sports team, not about the defendant. By the way Sam, I read you were considering filing a complaint against Rev Dozier who sat on the JQC, here is the quote that I saw,
Fort Lauderdale lawyer Sam Fields said he originally planned to file a complaint about the Rev. Dozier for asking candidates whether they are "God-fearing" but is satisfied that Dozier has stopped making the query.
"We've gotten into an age of religiosity where people think they have to wear religion on their sleeve to get anywhere, even in the presidential campaign," Fields said. "This country has gone through these phases before and has grown out of them before. Hopefully, it will grow out of this one before too much damage is done."
http://www.law.com/jsp/article.jsp?id=1073944822520
Religion on the sleeve, wasnt that the quote that Howard used in describing Aleman. Who got it from who? Anyhow, why didnt you complain when Ross told the defendant to do 10 hail mary's as pentence. Remember, Dozier was a reverand when he asked his questions, so i could understand the serious nature of the question by Dozier, but Ross is no priest, instead making humor with a religion. I didnt see anything funny about it and do not see any place in the courtroom for it.
Yeah, Dozier was a great guy, great example. Especially when he made the comment about god fearing candidates at the same time he said he wouldnt have supported the nomination of a certain Judge because that judge was rumored to be gay.
I am glad you brought of the Good Reverend next to him Judge Ross looks like the poster child for political corectness.
What does the SAO have to do with this? A quick jaab at the State? You are a hypocrite and paint in wide brush strokes just like the rest of them. I expected more from such a learned attorney.
Michael Richards was funny to some racists. Most of what comics do at night clubs would be improper in the court room even those jibes not directed at any of the participants.
Chief Judge Ross can not know the law to the extent that Ross follows what is expected of him.
I am not sure if the JQC complaint is mandated but as a White Male of heritage other than the areas attacked, I still agree that the letter to the Chief Justice with publicity was mandated so that the mainstream (or whomever these bar associations think they are) lawyers have done something. If they are our of the mainstream, how do those bar accociations for the main stream validate such tasteless "humor" at the expense of litigants who were overawed by the power to dare say one word of protest.
This is pathetic to ever have occurred in an American courtroom in the 21st century no matter how well the abuser knows and shows he knows and follows the law other than decorum, demeanor and clearly prejudicial remarks no matter how the man ruled.
Not enough to impeach like what Seidlin did, but a big hard public reprimand and mandated courses seems proper. BUT SOMEHOW Dale Ross is electable by the other judges without any sign of humiliation.
Weird or perverted!
Sam should spend a little money on some new clothes if he wants to be the champion of rich white people. Or maybe those ripped up jackets are just hip fashion like wearing your pants down low.
Mike Ahearn wrote:
"eah, Dozier was a great guy, great example. Especially when he made the comment about god fearing candidates at the same time he said he wouldnt have supported the nomination of a certain Judge because that judge was rumored to be gay.
I am glad you brought of the Good Reverend next to him Judge Ross looks like the poster child for political corectness."
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Ah so you all measure your judges by how good they look as bigots compared to fundamentalist preachers. Bigots have no place in robes except outside of American courtrooms in the hinterland and its varied churches and in other countries.
Get rid of your bums or at least make them pretend to be honorable jurists without this bigoted streak across their faces and their actions.
LOL, the case you speak about is Riddle v. State, 755 So. 2d 771 (Fla. 4th DCA 2000). The Court held: "We also agree with appellant's contention that the trial court departed from its role of impartiality during the revocation hearing depriving him of due process of law. The record shows that the trial court repeatedly interrupted counsel and aggressively questioned appellant and the witnesses on matters which had not been raised by the state. The record supports appellant's claim that the trial court's actions and words indicated a predisposition towards a conviction, which deprived him of his right to an unbiased magistrate."
Thanks for reminding me of the case.
Bogenschutz versus Ross is kind of like Einstein versus George W. Bush. Thank goodness Ross limits himself to extraditions court now where all he has to do is read a prepared script.
Sam Fields' clothes? the no-tie, no socks, same shirt and jeans at EVERY hrg.? He's adopting the Pat Rastetter trend of "same f-ing outfit EVERY F-ING day" routine, b/c it worked for them one day, years ago and they think "hey, better not change it up - not even once". very smelly and tasteless, I say.
i will takes Sam's bank account and his won loss record over yours any day of the week.
Any truth to the rumor Sam's on shaky ground with the Rudin partners?
I have been in front of Judge Ross numerous times. In adult court and juvenile court. He is not funny to anyone but himself and the state. Asking an immigrant in jail handcuffed to a chair, when he decides their future, how long they have been in the county. If they respond, 10 years. He says you must have a por aptitude(SP?) for languages. Everyone laughs. Most of all the state. He would tell kids to obey their parents, after we finished telling him the parents are in dependency court for abusing the child. He told a child with an IQ of 52 to work harder in school and announced his grades in open court.
A young lawyer wanted to appeal a case he heard. He told that lawyer he would stay the time for appeal. He wanted to have a full hearing to determine if the child (and family who were the alleged victims) qualified for a public defender. The lawyer did not know that he could not do it and but for Don the child would have lost her right to appeal. I could tell numerous stories. I have asked the people in his courtroom how it made them feel. Almost all were horrified and terrified to say anything. His plea offers were never fair. HE NEVER MADE ANY. HE IS NOT MONTY HALL THIS IS NOT LETS MAKE A DEAL. Give me a break
hey why hasn't Chief Judge Dale Ross ever been arrested or investigated for the rape of attorney Marilyn B Lindsey (tobkin) what a screwd up system people telling us how great a man is, who has been accused of rape by an attorney and no investigation. boys club