DAILY BUSINESS REVIEW ON SECRET DIVERSITY BOARD MEETING (ANOTHER PR COUP)
Categories: Aleman, Diaz, Trachman, greenhawdt, Greene, WilliamsElijah, DRoss
Broward Courts
Diversity panel holds first meeting in secret
by Jordana Mishory
Daily Business Review/All Rights Reserved ALM Media, Inc.
May 16, 2007
The committee charged with helping restore public confidence in the Broward Circuit Court held its first meeting with minority bar groups — in secret.
The four-judge diversity board, chaired by Circuit Judge Elijah Williams, held a closed dinner-and-drinks session Monday night at the Bimini Boatyard & Grill to gather input from minority bar leaders. The dinner and drinks were paid for by Cuban American Bar Association president Elizabeth Hernandez.
Chief Judge Ross established the board in late March to help him deal with criticism from a series of incidents involving racially insensitive comments, alleged misconduct and embarrassing behavior by judges.
The meeting was attended by the four Broward judges on the board, Commissioner on Human Relations Shahrukh Dhanji and leaders of seven minority bar organizations.
A Daily Business Review reporter was refused entry to the meeting. Several attendees refused even to identify themselves to the reporter. There was no public notice of the meeting.
In turning the reporter away, Broward Circuit Court general counsel Alexandra Rieman cited Article I, section 24 of the state Constitution. That section does not include the judicial branch in the general requirement that government meetings be open to the public.
But First Amendment experts said that just because the law does not require judges to open their meetings to the public doesn’t mean they should not make them open.
Jon Kaney, the general counsel for the First Amendment Foundation in Tallahassee, said "secrecy breeds suspicion." The judges "are trying to do the right thing. They should all let us watch them do it." He said there was no good reason to exclude the public and the news media from the meeting.
Thomas R. Julin, a First Amendment lawyer and partner at Hunton & Williams in Miami, said the public image problems facing the Broward judiciary can only be made worse by holding secret meetings. "It looks terrible to have meetings like this behind closed doors," he said. "They ought to stop that."
In an interview after the meeting, Judge Williams justified the closure by saying the group needed privacy to engage in "open, honest and brutal conversation" about how to fix the problems plaguing the Broward judiciary. "People don’t say things they would otherwise say when the press is there," he said.
Williams said he may open future meetings of the board to the public. The diversity board consists of Broward Circuit Judges Williams and Susan Greenhawt and Broward County Court Judges Robert Diaz and Lisa Trachman.
According to Williams, the minority bar groups in attendance Monday night represented Cuban-American, Haitian, Hispanic, Asian-Pacific, Caribbean and black attorneys. Williams refused to disclose the names of those in attendance.
When asked for comment after the meeting, those in attendance, including the three other judges, directed a reporter to Judge Williams as the designated spokesman.
During the post-meeting interview, Judge Williams was flanked by court general counsel Rieman, Judges Greenhawt and Trachman, and Commissioner Dhanji.
None of the circuit’s administrative judges were present. Williams said they were not invited because the goal of the meeting was to hear the suggestions and feelings of the minority bar group leaders. "Having a dozen judges coming and speaking is not what this is about," Williams said. "We’re here to address the concerns of the ethnic bar groups."
Williams said the board is considering whether its focus should be on educating the judges on sensitivity issues, fielding complaints or creating a more diverse bar and bench. Williams said the leaders of the minority bar groups will submit their written proposals on how the board should run in the next 30 to 45 days.
Series of problems
Broward judges, including Ross, have drawn criticism for a series of controversial statements and actions. Minority bar groups and others have accused them of insensitivity to minorities and poor people.
In February, the state Judicial Qualifications Commission filed charges against Circuit Judge Cheryl Aleman, alleging that she "engaged in a pattern of arrogant, discourteous and impatient conduct." Aleman is fighting the charges, and last week got two charges dismissed.
The Broward Circuit Court has run into problems with secrecy and public access issues before.
Last year, the Miami Herald reported that hundreds of civil cases, including divorces and other cases, some involving judges and prominent figures, were hidden from public view. That ultimately led to the Florida Supreme Court issuing new rules requiring public docketing of all cases and for sealing files.
For years, minority bar groups have complained about how few black and Hispanic judges have been appointed in Broward.
In March, Chief Justice R. Fred Lewis flew to Miami to talk with minority bar groups about their complaints regarding a "continued lack of sensitivity" toward racial and ethnic groups displayed by Chief Judge Ross and other Broward judges. Ross established the diversity board after the minority bar leaders met separately with him and Lewis.
In an interview in March, Ross said the goal of the new diversity board was to be "all-encompassing" when it comes to overseeing diversity matters in the court.
The board received its first assignment before it even created bylaws. A few weeks ago, the members met regarding a courtroom comment made by Circuit Judge Charles Greene, who was then the chief administrative judge of the criminal division. Greene used the term "NHI" — meaning no humans involved — to describe the minority victims and witnesses in a just-concluded murder trial.
The board found that Judge Greene’s statement was not meant to be racist. But Ross granted Greene’s request to be transferred to the civil division.
Judge Ross announced earlier this month he was bringing in the Commission on Human Relations to help with the court’s troubles.
Williams said Monday that the board will consider recommendations submitted by the minority bar groups and the Commission on Human Relations. They will compare these suggestions with Chief Justice Lewis’ goals for statewide sensitivity training.
Throughout the course of the two-hour dinner meeting Monday night, a waitress brought in food and alcoholic beverages.
After the meeting, CABA’s Hernandez told the Daily Business Review she would comment Tuesday. She did not return a call by deadline Tuesday.
Jordana Mishory can be reached at jmishory@alm.com or at (954) 468-2616.
"In turning the reporter away, Broward Circuit Court general counsel Alexandra Rieman cited Article I, section 24 of the state Constitution. That section does not include the judicial branch in the general requirement that government meetings be open to the public."
"The dinner and drinks were paid for by Cuban American Bar Association president Elizabeth Hernandez."
SINCE WHEN DO PRIVATE CITIZENS PAY FOR DINNER AND DRINKS AT GOVERNMENT MEETINGS??
These bar association guys are obviously more interested in furthering their own careers then in fixing the problems. Shame, Shame, Shame. Judge Jose, anyone?
you don't. the bar associations get their money from their members, not tax payers. in addition, this is not a government meeting in the sense to which you are referring. the judiciary is a seperate entity.
HERE IS MY RESPONSE SENT TO THE DBR REPORTER: I guess I'm naive, but I'm still surprised that the daily business review now participates in rumor, conjecture, and controversy creation and proliferation. Portraying the informal meeting of the diversity group and minority bar groups as 'secret' seems a stretch. Wasn't this meeting in a restaurant accessible to the public? Do you think the 'press' should have access to an informal brain-storming session of a group attempting to foster the free-flow of ideas in order to solve problems? Why was the reference to alcohol made in your story? of what significance is that? Is a judge or a member of a bar association not allowed to consume an alcoholic beverage during dinner at a restaurant during an informal meeting? why is it not mentioned that Elijah Williams is African American? Wouldn't that have added balance to your story? Before graduating from the University of Florida's school of Journalism, I learned to report 'just the facts, ma'am,' and that the ones I report should be accurate. Judge Green's comment, although reckless, was not about the 'minority victims and witnesses.' It was about the credibility of the testimony of everyone who testified in that trial. I'm just sorry that instead of reporting on the positive meeting of this group and it's attempt to establish dialog, you chose to focus on your displeasure of everyone's desire to avoid sharing their time with reporters like you who write stories like this.
Lloyd - Ross called a press conference and Sanjay and him spouted on about inclusiveness and bringing the community together. This move makes them seem like it's the same old lip service and delay tactic until the whole thing goes away.
i think that you make unfair assumptions. no 'lip service' was given. from the story i read, i would conclude no comments were given at all. why characterize it as 'a move?' why immediately be negative? why not take a wait-and-see position? for all any of us know, the meeting was very productive. the judges reported to have been present aren't exactly the most political.
You have a point. let's wait and see.
Call the bar on Rieman.
looks lloyd is the new ahearn less 400 pounds
LLoyd:
I think that Sunshine laws apply. Especially, since the committee was formed by the chief judge and the have meetings during business hours.
I don't think that anyone on the committee has the ability to "turn on and turn off" the application of Sunshime requirements.
Mr. Golburgh: I respectfully disagree with your assessment of the meeting in question. Ross' quoted statement in reference to this so called Diversity Board being " All Encompassing" falls very short of the mark to say the least. Comprised of only a board of hand appointed members coming from inside the present judicial political structure is hardly inclusive or productive, and accomplishes naught but to encourage continued mistrust and skepticism of a system already under attack for croneyism and nepotism. To exclude both members of the public as well as the press does not strengthen the position of the present judicial administration's plight, nor does it attempt to encourage public confidence in a system that is beset by critisism and a general lack of public faith. I applaud Ms. Mishory's reporting of this meeting of the so called Diversity Board as highly informative and certainly telling of the kind of "All Encompassing" intent it is meant to represent.
I don't see this kind of behavior by a body appointed to look at problems of racial insensitivity to be productive at all. To exclude a member of the press from observing its function is outrageous. Just the kind of thing that Ross doesn't need more of, of a committee that he appointed. Judge Williams I thought was smarter than that. Apparently not. Or is there some other agenda at work here, like trying to through the blanket on JQC complaints? Well, it won't work. The work of the Diversity Committee has already been compromised badly. Now they're trying to make the Diversity Committee a private club too. Isn't that the biggest problem Ross has created? Another backroom board? This isn't about one more thing to add to your resume or to try to use for self advancement. I WANT TO KNOW WHERE THE SUNSHINE LAW FITS INTO THIS. It's about people. Not yourselves, folks. It's about the ethnic communities you are part of. Come on, people. Are you all that shallow?
You say why couldn't the reporter elucidate the positive nature of this meeting of the Diversity Committee? Very simple, she nor any member of the public were allowed entrance. Don't you find this to be disturbing? I'm surprised at you Lloyd. It's this exclusionary tactic by Ross and Company that has gotten them into all this trouble, that and the rotten self serving things that are done in private behind closed doors. ALL THESE PROCEEDINGS SHOULD BE OPEN TO THE PUBLIC. THE LAW REQUIRES IT.
One more bogus bandaide to patch up a judicial system falling apart from the inside.
After all these years, Im finally going to subscribe to THE DAILY BUISNESS REVIEW. A great piece of reporting, Miss Mishory. History teaches us that closed doors portend ominus results. Who do these people think they are? Please keep your readers aware of these kinds of happenings. Most Sincerely, thank you.
Graphic Design Company – Artist @ Large
Our company can generate all types of artwork. As a full service Graphic Design, Website Design, Marketing/Promoting, Public Relations, and Consulting Company. Ritty in the City has the ability to handle any project from start to finish.
We can supply you with creative Logos, Print Media, CD Design, Marketing Public Relations,
E-media 3D, Book Design, Merchandising Graphics, Postcards, Media Packages, and all corporate graphic material.
Great sales material can bring excitement, interest and vibrancy to your business as well as increased revenue. View all types of art graphics at http://rittyinthecity.com/
I liked the article. This is the precise problem that has contributed to the judicial problems that we now face. Failure to maintain an open judiciary and the procedure needed to insure its appropriate forum has increasingly contributed to a closed minded, limited perception of its responsibitily to the public. We can only conjecture as to its meaning. It has always been easier to promote private concerns under the cloak of anonymity. Therefore the need for secrecy. Until our courts start acting in the capacity of keepers of public conscience and dignity, rather than shameless hawkers of contrivance, our problems will continue. I believe the present judicial administration is responsible for much of the impaired condition of our judiciary. The responsibility and to whom it belongs is clear. Ross has made yet another blunder.
Isn't Judge Diaz the judge that was fined and disciplined by the JQC? And he's sitting on this committee? Didn't he send around the famous anonymous courthouse e-mails?
He's Hispanic, get it?
Hey 7:19
Arent you the Judge who lied to the JNC about not harassing hispanics at South Sat?
Yeah, Diaz was the judge whacked by the JQC for fifteen thousand dollars, a two week suspension and a public apology. This dude is the best Ross and friends can come up with to sit on a diversity committee? Man, his list of cronies are like a who's who list of judicial misfits.
Pitiful excuse for a committee supposed to explore racial diversity issues. I think it's all to predictable coming from the people that compose this board. What a bunch of sellouts. The hypocrisy of these people is amazing. Just another knee jerk fix it sounds like to me. These people are the ones that should be embarrassed for what they're doing to our community. One step forward, three steps backward. Backward is how I'd describe it too. Don't they ever tire of these bureaucratic fumbles. All the time spent acting the part and accomplishing nothing but adding to the problems.
I wonder why Ross didn't put his daughter on the diversity board. What a joke and insult to the community.
Broward Observer, thank you for your respectful disagreement. After all, I encourage RESPECTFUL disagreement. That is what's missing from this debate. However, I believe that, based on what you wrote, your displeasure is with Judge Ross's quoted statement. My problem with the slant in the reporter's story was that it focused on her exclusion from the meeting, not the meeting itself. There isn't any group on the planet that would include a reporter in any similar meeting. Her style of reporting only adds to rumor, inudendo, and the creation of a public perception. I believe that your interpretation of the reporter's exclusion being a catalyst for continued mistrust and skepticism is exactly what the reporter meant to portray. How can you call the report highly informative? The only information you have is that she wasn't allowed in.
I used this company and it was the worst - what a ripoff!!! They were www . Sh*ty in the city . com
congrats lloyd you win this months judicial butt kiss award winner....jaab should call I the ahern butt kiss award lol
I thought the dialog was interesting to read. What's up with the LOL??? You actually think that post was funny - it was just yet another meaningless, venomous post that actually takes credibility away from this site, and chills people from posting.
who is lloyd goldberg anyay
Mr. Golburgh: Silence can be very defining. By not allowing a reporter to attend a meeting of the diversity committee after what has transpired recently sends a contradictory message of the stated intent of this body's purpose. Likewise to have this body, as it did recently, attempt to issue a finding concerning what is and what is not acceptable for a judge to say concerning an allegation of racial insensitivity, is likewise contradictory in nature. By meetings being held in private, it does not encourage a view of confidence or reliance in its ability to adequately hold the subject to public scrutiny and thus enable proper discernment of the matter. The dictum in this instance should be/must one of inclusion rather than obstruction to succeed.
I like Golburgh posts too. Don't let the dissemblers tear you down!
Judge Williams "brutal conversations" ? How more brutal to say "No Humans Involved". What does that mean, and why couldn't these conversations be had in the presents of a newspaper reporter? Am I missing something?
You're not missing anything except what they don't want you to see. That however is going to become increasingly difficult for them to pull of with all the press coverage. It's about time too. I'm happy to see the press finally showing an interest in this judicial scam except for what is handed to them by Ross' propaganda machine. At long last something is bing done to expose this outrage.
This star chamber attempt needs to be eliminated. That's whats caused all the mistrust within out judiciary, and for very good reasons.
How long do they think they can do this? OPEN THE COMMITTEE MEETINGS. STOP TRYING TO CONTROL THINGS, AND DO THE RIGHT THING.