FELONY VOP ALERT
I've been getting calls that Judge Gardiner, as the new Criminal Administrative Judge, has been re-setting VOPs from other divisions, to come before her, some as early as June 1st. There's a lot of confusion as to what's going on, due to the fact that the cases seem to be coming from random divisions, and don't appear to be all that old. No one I've talked to is aware of any announcement or formal decision having been made, so many attorneys are more than a little concerned (not to mention Judge Gardiner's famous prediliction for Florida State Prison sentences).
I put a call in to Judge Gardiner's office a little before 5:00 p.m. today to try to get to the bottom of this. I'll post if she gets back to me.
Bill Gelin
I put a call in to Judge Gardiner's office a little before 5:00 p.m. today to try to get to the bottom of this. I'll post if she gets back to me.
Bill Gelin
My understanding is that the VOP's concern only technical violations and that a 2 week docket will be set aside to handle all the VOP's.
This is like the Trial blitz that took place years ago, except that its in front of the same Judge and a VOP blitz. Hopefully, she is looking to drastically reduce the jail population and terminate most of the probation cases or reinstate since these are technicals. It could be a good idea with good intentions.
Im sure she will be willing tomorrow to clear up any concerns that might out there. Lets allow for that tomorrow.
I know of a case where a guy has violated with a new felony case, already filed. I hope you're right, this reeks of Ross stepping in to clear dockets by annihilating clients
I think if Dale wanted to do what you are suggesting, he is not bashful, he would take the cases and do it himself
Jeff - you are right. I hope Judge Gardiner moves these cases the right way. She deserves a chance, and the benefit of the doubt as the new chief.
But what if she doesn't? What if it's the same old "take the state's prison offer or go to final" routine?
And why didn't she inform attorneys instead of just issuing new notices without explanation?
I betcha she made her decision and sent the notices out before she knew Dale was throwing in the towel!
THE CAPTAIN REPORTS:
While we are anxiously awaiting the governor's decision, we do note the following:
Our infamous Florida Department of Corrections reports that they have crossed a new milestone. As of January 1, 2007, there are 90,411 inmates in our state prison beds. This being the first time we have entered the 90,000 plus area. In June of 2006, there were 88,576 inmates. AND you can go back only four years and find that there were "only" 73,553 inmates incarcerated.
So, in the last 4 1/2 years, we have gone from 73,000 to over 90,000.
I guess that is why, this morning, the governor signed a 71.5 Billion Dollar Budget, that included:
"Prison Beds – To ensure adequate prison capacity so that offenders serve at least 85 percent of their prison sentences and are not subject to early release, $164.4 million is provided to begin the construction of 5,139 state-operated prison beds. An additional 2,880 beds will be made available by private prison contractors, bringing the total number of newly funded prison beds to 8,019."
It won't be long before the Great State Of Florida will have over 100,000 inmates - costing us - oh by the way - $19,002 per year per inmate.
CAPTAIN OUT .............
The Captain is a regular contributor to Miami's JUSTICE BUILDING BLOG:
http://justicebuilding.blogspot.com/
I believe that your second question is valid criticism. She could have sent a memo out to the PD Office, BACDL, JAAB and posted notice at the elevators in the courthouse. But, its an answer that she should provide.
As to the first, it would be hard to believe that she wouldnt do the right thing. If my memory serves me right, Dale even did the right thing during the trial blitz. The whole idea was to move cases which he did and which I think she wants to. If not, knowing the good lawyers we have here, Im sure there will be much money, resources, manpower and time wasted on final violation of probation hearings for technical violations. Confidence in the Judiciary would be squashed and lines at the polling booth would probably increase.
I hope you're right Jeff. Change is happening now. It would be a real shame if they continue to send non-violent people to prison at twice the rate of Palm Beach and Miami-Dade. A sin, actually, don't you think?
I know that she could not get on the blog and give us a comment as to how she would handle the cases before her.
But, this is the perfect opportunity for her, as a judge, to get on the blog and let everyone know, why through a comment, the reason attorneys were not told.
There is a first for everything.
UI would not look to Gardiner to do the right thing. She is also a fraud and a liar in sentencing. I experienced a denial of motion to correct my illegal sentence in direct defiance of the statute forbidding it and the S.Ct. repeated case law requiring the law be followed and specific statement in Traylor v. State, 25 Fl. L Wkly S431, at S432 (affirming 2 1991 S. Ct cases) "the trial court should have known that the use of a weapon [including firearm as the weapon] was an essential element of the offense...and, therefore no reclassification or enhancement [of the 3 yr min-mandatory] was warranted." and merely stated in her opinion when ASA Scott Raft said in reply this is not true and I, quoting the SCt. was simply wrong, denied the 3.800 "for the reasons stated by Raft" who clearly lied instead af any ruling based in fact or law as written or decided; a clear and conscious action to "only do what a prosecutor tells her to do, undermining confidence in and actual sabotage of the judicial process to conduct fair and impartial review.
Probation in Florida is a set-up to cause VOP to help fill up prison beds and make money--otherwise why would private companies be in the "prison business." Gardiner has displayed a definitive fraudulent disregard for the law and her oath and apparently wants the opportunity to personally see that it continues.
If someone were to look at the DOC map of Florida state prison locations--with the lines going to the location, and squints, what one will see is the image of a paramecium with its little legs, indicating Florida is a one-celled animal and acts like it when it comes to justice.
As the cynic I am, my first thought is that she will slam everyone. However, times are changing and, having faith in human nature, I thing we should give her a chance before passing judgment. She is a very efficient judge, and I think she knows that if this becomes a "go to prison, directly to prison, do not pass go" court, we will make every hearing last as long as possible, including a full blown sentencing hearing in every case.
In re: Gardiner
My experience with her is totally different.
I have always found her to be pretty fair.
Perhaps, I am in the minority on this...
There is one truth which has come from the efforts of Jeff, Bill, Don, et. al, over the last few months:
The light of day will now shine on those in our judiciary who behave poorly.
Judges will now think twice about mistreating lawyers and defendants as policy...
If she doesn't get too wrapped up in her new role, she'll do okay I hope. SHe has a way of doing that. It must be the politician in her.