CHIEF JUSTICE LEWIS TAKES ACTION ON FAIRNESS AND DIVERSITY
I have a copy of a letter from Chief Justice Lewis of the Florida Supreme Court addressed to JAAB and the Minority Bar Groups who met with the Chief Justice last month in Miami after Judge Ross's behavior at weekend magistrates sent ripples all the way up to Tallahssee (see prior JAABLOG posts in the archives from 2/11, 2/21, 3/6, 3/7, and 3/14 for background on this issue).
The letter, dated April 3, 2007, states:
"I am writing to follow up on our recent meeting during which we discussed diversity training for judges and court staff.
I recently appointed Judge Scott Bernstein to chair the Diversity Training Subcommittee of the Standing Committee on Fairness and Diversity. A copy of the administrative order is enclosed for your information. The Diversity Training Subcommittee is working to finalize the curriculum and complete the plans with regard to the delivery of diversity training in every Florida court. As the project is brought to fruition, Judge Bernstein and (the) staff (of) the Office of the State Courts Administrator will consider input from professional diversity trainers around the state, as well as the Anti Defamation League and other advocacy groups who have recently offered their assistance with the initiative.
Thank you for your ongoing interest in training designed to build the capacity of the judicial branch to serve an increasingly diverse Florida.
Very truly yours,
R. Fred Lewis".
Justice Lewis enclosed Administrative Order No. AOSCO7-12 IN RE: STANDING COMMITTEE ON FAIRNESS AND DIVERSITY, which should be available shortly on the Supreme Court's website (email me at wgelin@yahoo.com if you want a copy of the letter or the order).
Thanks again to Justice Lewis. I hope his example of quick response and action to very real problems will rub off on Broward's secretive and cloistered judicial administration. JAAB looks forward to a close working relationship with Judge Bernstein.
Bill Gelin
The letter, dated April 3, 2007, states:
"I am writing to follow up on our recent meeting during which we discussed diversity training for judges and court staff.
I recently appointed Judge Scott Bernstein to chair the Diversity Training Subcommittee of the Standing Committee on Fairness and Diversity. A copy of the administrative order is enclosed for your information. The Diversity Training Subcommittee is working to finalize the curriculum and complete the plans with regard to the delivery of diversity training in every Florida court. As the project is brought to fruition, Judge Bernstein and (the) staff (of) the Office of the State Courts Administrator will consider input from professional diversity trainers around the state, as well as the Anti Defamation League and other advocacy groups who have recently offered their assistance with the initiative.
Thank you for your ongoing interest in training designed to build the capacity of the judicial branch to serve an increasingly diverse Florida.
Very truly yours,
R. Fred Lewis".
Justice Lewis enclosed Administrative Order No. AOSCO7-12 IN RE: STANDING COMMITTEE ON FAIRNESS AND DIVERSITY, which should be available shortly on the Supreme Court's website (email me at wgelin@yahoo.com if you want a copy of the letter or the order).
Thanks again to Justice Lewis. I hope his example of quick response and action to very real problems will rub off on Broward's secretive and cloistered judicial administration. JAAB looks forward to a close working relationship with Judge Bernstein.
Bill Gelin
"“I’m a pretty good defense lawyer, but I can’t defend these numbers,” Broward Public Defender Howard Finkelstein said. “We’re pretty out of whack.” Finkelstein said the Martinez case is the “poster child” for a system run amok. "
This is a classic quote. If you cant defend Barry's numbers could you please defend as Chief Public Defender which under the Constitution is a full time job you can;
a) Be out on in front of Jimmy's every afternoon being interviewed during the Anna Nicole saga?
b) getting paid 50k a year to work at Chan 7 when you are supposed to be a full time employee?
c) Be able to teach a class at American Heritage in the morning during the school week.
Last I checked at my goverment"full time" job you worked 9-5 on the tasks of that job. You want to blast Barry about his fees, it looks like your "moonlighting" on the taxpayers dime is as much or more of a waste of tax payers money. By the way when was the last time you actually tried a case or got paid a fee from a client? I would guess it was around the time Don Johnson was cool driving around in a white Ferrari with Tubbs.
I know Scott. He will be a great help.
Those comments where not attacking Barry Butin's numbers, but were attacking all the numbers in comparison to the counties listed in the article. They all spent far less then Broward.
Broward spent 600k more then Dade, 3.4 million more then Palm Beach and 5.1 million more then Hillsboro county.
Remember, Dade is larger then Broward and Palm Beach is similar in size.
Howard is attacking the system in Broward which is bankrupting the state budget. This is the exact reason why they want to take the private bar out of it. Broward is the cause for this push. Howard is trying to bring the costs under control in Broward so the private bar is not taken out of it. Hopefully everyone will wake up and take note of what he is saying.
Jeff,
First of all the JAC was underfunded from the get go. Their original budget was cut by 10 million at the end of session last year. Bankrupting the state budget, a little dramatic considering the State budget is in the billions. Ask Jeff Harris he knows the budget issues very well.
They aka State of Florida,wants to take the private bar out of it to screw the accused. Do you really think our Republican Legislature cares whether indigent defendants get a defense?
The costs dont have to be brought under control, the State needs to adequately fund the representation of the indigent.
The most ironic part of your argument is the fact that the real reason spd costs here are higher then anywhere else is because Satz is more aggressive in pursuing cases where other Counties do not. (Gee I sound like Bill) We have to work up residue cases sometimes as hard as 1st pbl's. Go for 948 motion, including the use/cost of experts, where other places those cases get nolle prossed or pti. That is the real reason our numbers are out of wack not because the private bar is being greedy.
Finally, I think its funny the JAC was so concerend with Butin's case they went to the PD's office when it is my understanding they approved the 19k Barry sought and the Judge reduced. Maybe the JAC should have done their job and fought his entitlement to fees if they were so bad.
Mike,
I would agree with you concerning funding, about indigent defense, and that Satz goes after cases that are not persued in other counties. And YES, you are starting to sound like Bill. But as I stated, the problem is not isolated strictly to these reasons.
Ahearn: Are you reading what I'm reading? Yot think the costs don't need to be brought under control and attorneys should just keep submitting bogus bills for work that is questionable? I'm glad Gardiner and other judges see it differently. Once again, this is outragous behavior that makes us all look bad. And this coming from the secretary of the BACDL. Tell me how your friends in the capitol can view this in any other light. Broward's numbers are completely out of whack and it's not because Broward has been underfunded. It's because of abuses like this. Wake up and smell the coffee. What planet do you live on most of the time? Your argument is absurd. Look at the numbers and compare them to Dade and Palm Beach.
It seems fairly obvious to me what has been going on.
Dear your friend...
SOrry that I only deal in facts, even in Tallahassee agrees the JAC is underfunded.
Funny, if I am so wrong, then must Gellin must be wrong too. While there is so few times we agree this is one of them. As Bill as said here many times before there are more cases prosecuted and/or no disposed of very quickly here then in the other jurisdictions. Would that not mean that there would be more spd's used here then in other jurisdictions? Would that no mean there would be more experts, depos and other costs expended then in other jurisdictions? So in light of this, where is my logic flawed. See "your friend" most of my friends would have the confidence to a) use their real name when addressing me and b) instead of just saying i am wrong at least backing up their point or at least making some argument to prove me wrong.
Then these abuses to the tune of millions don't really exist, Ahearn?
The proof is in the pudding (numbers) and the media coverage. Where are the numbers wrong when compared to the statistics of Miami?
Ok I will try to make this more basic
more cased filed + more spds appointed = more time spent doing depos, using experts and putting more time in on cases that cant be disposed early = large expendature of JAC funds.
I am not saying that there may be lawyers getting more then their fair share in court appoved money over the cap. The few ISC meetings I have been too there was more talk about this happnening in dependancy court then criminal court.
My point is that there is not one single problem that caused the out of whack numbers, there are a few. To hang it on the private bar is unfair.
Another problem that Tallahassee needs to deal with that taxes the PD budget is the fact that anyone can write a bunch of zeros on the indigency affidavit and get a PD because the Judges are not allowed to inquire as to the legitimacy of their indigency.
No doubt there are a number of reasons for the budget problems, but you can't take the private bar out of the equation either. Their contribution to the problem has been considerable.
I was a PD in Miami for over 3 years. I can say first hand there are too many cases to count that go forward in Broward that would be either a Noll Pros or time served in Miami.
I have even seen ASA's time serve Defendant's that score out prison. Why: Miami, unless Broward, realizes what a waste of tax payers dollars most of those crap cases are.
Residue = time served at magistrate. Have a nice day.
Battery (where victim signs waiver) = Nolle Pros.
DWLS (where Def now has a valid D/L) = Nolle Pros.
...shall I continue....
Same thing in Palm Beach. Even Delivery gets broken down at arrgn to Simple Poss/Drug Farm to get below guidelines and rehab the street level addict/dealers. Broward is insane.
Thanks Chief Judge Lewis. I'm glad someone cares about fairness and diversity in this town. People around here are still in the stone age.
Further posts will be forthcoming tonight on this important issue. We are in receipt of additional letters addressing this topic from Chief Judge Lewis concerning possible remedies under consideration. One of the several letters sent to JAAB is addressed to the Governor with the Chief Judge's recommendations.
He's going to have to really slam one of these guys to promote real fairness.
Sure looks like he is not going to slam anyone. They are going to create a diversity program for judges, which they were already doing anyway. Justice Lewis himself said he took Judge Ross' comments in a joking way though they probably shouldnt be said. From the meeting on all Lewis has said is that there is a need statewide for a more well founded diversity plan,which was already in development. So at the end of the day the letter, meeting accomplished nothing but move a long a diversity program in which was going to happen.
Mike, Dale can't be happy to be in the middle of this. But you are probably correct. This would have happened anyway.
Everyone else is expected to think before they speak. Isn't that what it's all about? Think before you speak and act judicially.