BACDL AND JUDGE GARDINER LOOK TO MIAMI FOR ANSWERS/RUMPOLE ON JUDGE ZACK
From Miami's Justice Building Blog, http://justicebuilding.blogspot.com/ . Thanks, as always to Rumpole and friends.
"Thursday, June 21, 2007
Unfortunately, the more things change, the more they stay the same- which you can see by reading the end of this post.
KEN HASSLETT - former FACDL Miami chapter president, ace criminal defense attorney, and all around nice guy is putting his head into the lion- he is going into the belly of the beast (add whatever other hackneyed metaphors you think apply here); Ken is going North of the Border to meet with Judge Ana Gardnier to discuss....dare we say it..CHANGES North of the Border.
Here is part of the email he sent out:
As The FACDL-Miami Liaison to the BACDL I am making the following report:
On May 29, I attended the BACDL Board meeting organized by their President, Eric Schwartzreich. Also in attendance was the new Administrative Judge for the Criminal Division, Ana Gardiner. I am pleased to report that it was a very informative and productive meeting....
Judge Gardiner has opened the lines of communication with the criminal Defense
bar. It is no secret that change is necessary in Broward. Now is the time for us to bring important issues to the table, that can be resolved by the chief and/or administrative Judge.
...
I am forwarding this message to all of the members of FACDL-Miami so that they can forward any suggestions to me. On your behalf, I will present our suggestions to the BACDL at their meeting. .. I will be attending the meetings of both organizations in order to keep the lines of communication open.
Thanks,
Kenneth P. HassettAttorney at Law
Rumpole says: You can email Ken here: email: defenderno1 @ aol.com
Our advice is that we rarely venture North of the Border without local counsel, a bondsman on standby, and plenty of antibiotics. But that's just us. We wish Ken luck, and if things don't turn out so well, we will post his jail number at the Broward County Jail so you can drop him a line ala- Pais Hilton.
Word also reaches us from North of the Border via the Broward Blog (link on the left) that long time County Court Judge Robert Zach has been caught with his hand- not in the till- but in the pocket of a criminal defense attorney who appeared before him, to the sum of an unpaid personal loan of $2,500.00
Can you say former Judge Ralph Person?
For those of you newer to the REGJB, the saga of Judge Person reads like a Shakespearean tragedy. Judge Ralph Person was the Chief Administrative Judge for the criminal courts. A true Judge. Admired and well respected by all, we often said he had the best poker face of any Judge we ever appeared before. He gave you a fair hearing and you never had any idea which way he was going to rule.
Judge Person was so well respected that when the Feds needed an expert witness to testify to the Jury in the Miami Court Broom Judicial Corruption case as to what a Judge could and could not do, they turned to Judge Ralph Person.
Just one problem: Judge Person had solicited and received loans from attorneys who had appeared before him. This came out on cross examination and it was not pretty to say the least.
The testimony marked the swift beginning of the end of the Judicial and legal career of Judge Person. He resigned from the bench. The bar was relentless in their pursuit of him. He eventually resigned from the bar, remarking something to the effect that he never wanted anything to do with the law or lawyers again. It was a sad if not tragic ending to his career.
It is often said that those who do not learn the lessons of history are doomed to repeat it. Apparently Judge Zack in Broward County is many things, but a historian he is not. We do not know how this mess is going to end, but we predict it will not be pretty.
See You In Court, where in case any of our robed readers are wondering, we cannot loan you any money.
PS. You have to check out the comments on the Broward Blog about Zack.
We're thinking of starting a Broward Judicial body count for each month. This month is what, one Judge to TV, one Judge resigned, Ross to probate of all places (on the theory that he can't offend the clients there as much). Just when you think you have heard it all, another Judge in Broward steps up to the plate and does something stupid, unethical, illegal, or all three. This is an epidemic and obviously some of those Judges have something else under their robes besides skivvies.
What is happening in Broward is a continuing erosion in the public's confidence in the judiciary. We will be soon taking bets on what scandal emerges from the voting for the new chief Judge. The way things are going up there, you just know they are bound to screw it up.
By RUMPOLE"
Let me get this straight. The new Chief Criminal Judge meets with two people to discuss problems in Broward County Courthouse. One of the two people she meets with claims to rarely ever venture into Broward. Don't we have enough lawyers who are aware of the problems in Broward that she can meet with?
Zack is a good man. Like so many others before him, he foolishly borrows money from a lawyer who regularly appeared before him.
The lawyer fears if he does not lend the money, he or his clients might not be treated like all the rest, but worse. So he lends the money.
Some years ago and I mean YEARS AGO, Judge Price here in Broward said the saddest day of his life was when he borrowed money from a lawyer. He was ashamed, privately, of even having to borrow money, much less money from a member of the bar.
However in that case, I believe, the laywer expected to be treated better than the rest, and was disappointed.
The point is, judges are human. They do things that ordinary people do all of the time. They just forget, sometimes conveniently, sometimes negligently; that they, like lawyers, are held to a higher standard of conduct that ordinary folks.
Perhaps, more importantly, they are sometimes held to a higher standard that lawyers, if that's possible.
As a now-reluctant member of the general South Florida community and being familiar with its legal community, I am truly ashamed of how dismal our court house has become. For 20 plus years politics, favoratism, injustice, unfairness, racism, and bias have marred what was for a brief time, a proud place where citizens could expect to find justice.
But, as Alan Dershowitz says, "There is no justice" its only fleeting.
Today I wonder which judge owes which lawyers or which litigants, favors for what. Could it be a loan that, perhaps, may never be repaid? Could it be a mortgage that is taken out by the judge, but repaid by, say a powerful and wealthy lawyer or member of the community?
Only fools rush in where we who know, and with well-reasoned trepidation, fear to tread.
I often wondered about judicial children, whose weddings are attended by the judicial and legal luminati, and find themselves awash in gifts of all kinds. What then? The favors are given and traded all of the time. Sometimes in plain view among the traders.
As for this humble writer, he's sick of it already. Broward needs to clean house.
We are a national disgrace. A laughing stock in the judicial comedy world.
Gardiner brings Miami a little closer to the inside of the Broward County Judiciary. You can bet there will be several Hispanic names on voting ballots as judges have to run to keeps their seats in the future. Good move Ana. Broward needs all the help it can get, because the Broward Judiciary is not going to help itself unless there's something in it for them.
Schwartzy always trying to be the consumate insider! Like the BACDL is capable of doing anything to help what this county has had to put up with from the bench.
This Judicairy need to experience an Operation Clean Sweep of its own.
Judge Gardiner needs to look to Miami for answers? What, does she think the lawyers here in Broward are as stupid as some of our judges or what? What's she going to Dade for except to build political bridges for what she ultimately wants for herself here in Broward. What the --- is this all about?
Miami lawyer here. First time JAABlogger, long-time recipient of nasty treatment North of the Border.
The timing seems ripe for some qualified lawyers in your county to take this opportunity to run against vulnerable judges up for re-election.
By vulnerable I mean judges who have been locked in their jobs and act like they are entitled to their seat.
By vulnerable I mean judges who show a lack of respect for the people that elect them, and a lack of respect for their position.
By vulnerable I mean judges who dont treat lawyers and litigants (and defendants) with even-handedness.
This is the time of electoral discontent with the established powers.
I know its a good 'ole boy/girl system up there, or at least has been. I dont know what its going to take for consultants to run candidates in selected races, but now is the time.
I bet you will find financial support South of the Border if you guys show your balls.
I've got news for some people, the judicial political scene is being reconfigured as we speak. I know a few judges that better get their mediation licenses now. I'm not talking about the ones that are going to be removed first.
What is she doing looking to Miami for?
Hope your not going to rely on Eric for anything.
Bring'em all up Ana. Let's shake things up a little more!
Eric, the king of the SPDs? Let's throw some parties for judges Eric? Whatever you need Dale Eric? Make my wife a judge so we can join your club Eric?
Good for Gardiner. We need more CABA style stuff here. She should do all she can to usher in the future, which, of course, means more diversity, and more Hispanic representation. Out with the Bubbas, in with modern life.
Let's go to the videotape ....
Judge Larry Seidlin-Anna Nicole mess to position himself for a T.V. show (and god help us, CBS bit);
Judge Larry Korda-Getting stoned in a public park;
Judge Ilona Holmes-Accused of improper conduct (although I personally think she was justified in her comments);
Judge Charles Greene-"No Humans Involved" [NHI] remark after a trial ends in a not guilty verdict;
Judge Leonard Feiner-Lambasts court cleaning staff for moving his "stuff", accuses them of "living in hovels";
Judge Robert Zack-Demanding a loan from an attorney who appears before him;
Judge Robert Diaz-Anonymous threats to a facist judge who was ordering INS detentions (the only thing he really did wrong is...he didn't sign his name?);
Judge Lee Seidman-See Judge Diaz, above;
Judge Dale Ross-He could take all day just be himself. Offensive comments to defendants and lawyers; lack of institutional control; strong-arming lawyers, and on and on;
Judge Stacy Ross-Really, would she be a judge if not for her father?;
Former-Judge Laran Johnson-Illegally back dating legal documents;
Judge Eileen O'Connor-Submitting an application to the JNC that failed to list the allegations of improper conduct as an AUSA supervisor,including the lawsuit filed against the US Attorney's Office (and paid) due to her improper conduct;
Judge Cheryl Aleman-Improper conduct; refusal to let a defendant dying from AIDS out of jail even though the SAO, the PD and the jail wanted him to go home to die with dignity;
State Attorney Michael Satz-Leads the state in wrongfully convicted death row defendants;
Broward Sheriff Ken Jenne-Soon to be indicted by the feds for unlawful conduct (need I say more?);
Public Defender Howard Finklestein-I love the way you are taking on the system but please, that "Help Me, Howard" segment on Channel 7; give me a break.
Have I missed anyone?
What kind of crap are you trying to spew now, Ana. You want to make things right, admit that after you delinerately and intentionally sabotaged my 3.850 process until the Florida Supreme Court had to threaten you and Dale Ross along with the 4th DCA judges just to make a ruling after 2 years, and then you repeatedly LIED in your opinion stating you conclusivey knew from the record that exculpatory testimony that proved the alleged victim was lying and totally destroyed his credibility that the jury did not hear, conclusively would not have affected the outcome or be cause for any relief whatsoever, You should start by coming forward and admitting to your own fraud upon the court and demand it be corrected, hold youself in contempt of court and arrest yourself. But you're a gutless, lying judge who now wants to give the appearance of interest in propriety and integrity.. What a JOKE. and you know that if I ever got in front of a fair and impartial tribunal, the facts and evidence would bury you.
End the phony Judge war and get rid of Satz already.
5:36 - great list, great post.
Mr. Blecher - thanks to Miami lawyers for their support of the crappy Broward system. Too many times, we hear, oh that attorney must be from Miami, he/she is asking for a reinstatement, or a nolle prosse in exchange for a plea to a higher count, or a breakdown. You know, the things that keep criminal moving and the things that allow people opportunities not to simply rack up more and more points, until they eventually score mandatory prison, and then all the tax payers can support them.
That's wishful thinking. Satz is not going anywhere. He'll be 90 years old and your State Attorney.
Zack should have known better.
He did that before and got caught.
It is so nice seeing the Broward judiciary getting what they have had coming for a long, long time.
Tell Judge Gardiner to tell the Judges it is ok to stand up to satz and the robot ASA's there.
The offers that come from the State are embarrassing bad, and many Judges just go along with their recommendation.
Credit Time Served and a Noll Prosse in exchange for a plea are words never heard.
Judge Susan Greenhawt (Family court judge) lives with and owns a house with Rae Chorowski (Family Law attorney). Judge Greenhawt also has a $400,00 loan from Rae's (family law attroney) Dad, Moises Chorowski.
Correction, that's $400,000 loan.
oops!... i did it again to your heart
got lost in the game, oh baby baby
oops!... you think im in love
that im sent from above
im not that inocent
anyone know any good Jimmy Ryce attorneys?
At least the most recent one is good looking.
Who are you talking about?
Good Looking?
Gardiner will never stand up to Satz because she's too busy duplicitously pandering to his ASA Scott Raft where I have her repeatedly on the record stating she will only do what Raft wants her to do, including the right to counsel (which the 4th DCA reversed her on) and refusing to follow the law--statutes or case law established by the Fl S.Ct and other appellate courts, opining denial for what Raft lied about in his reply and cited overuled case law, asking her to ignore the fact that it was directly contrary to statutory law and repeated, consistent Fl SCt opinions that even declared that the judge should have known it was agains the law cited in my pleading. She's too busy violating the S.CT, stare decisis, her oath, the laws, the Canons, due process and separation of powers to stand up to Satz because she helps him to fill prison beds--legally and illegally.
It is clear that Fl. BAr rule Rule 4-8.4 forbid Raft and Satz and his staff from violating or attempting to (a)violate the Rules of Procedure (c) engading in conduct that is contrary to the administration of justice and (f) knowingly assisting a judge...in conduct that is a violation of applicable rules of judicial conduct [and]/OR other law.
But this is Gardiner's m.o. and the zebra is not going to change her stipes.
The BACDL had better look elsewhere!
Ah, it seems you know the real Judge Gardiner.
She spend a great deal of time on image.
One of the most ingenuine people I have ever known.
As i said before--she is a vagina with Hispanic roots and no further qualifications to be a judge, unlike many similar sexed and descendent honest indicviduals with integrity. Several others posted that Ross is the godfather of her child and who was also accuse dof rape--step into my fly said the spider to the girl. Has anybody done a DNA test on her child? Maybe she was also using her attributes to earlied get a 4th DCA appointment through George Shahood who covered her unlawful actions up.
And, if anyone doesn"t like what I have said, let them challenge me in court and bring out the evidence. I dare her. And as for the cowardly anonymous sewer pig who's attacked me before--PROVE IT FALSE from facts instead of your cesspool oral flatulations.
And don't forget about Arthur Birken. While in the family division, he threatened a woman that he would keep her in the system for "a very long time" if she stayed married to her husband. The woman was later informed by a DCF case worker that Birken had been dating the public defender (Barbara Tipton) that he appointed to represent her. Talk about an unethical conflict of interest! And the woman couldn't figure out at first why Tipton kept catering to Birken's every whim while shrugging her off at every hearing. It is a moral indictment of the tyrannical farce known as the 17th Judicial Circuit.