"Meet-and-Greet" Pleas - Join the Debate
Posted by JAABLAW at 9/18/2007 5:30 AM 
Categories: Lynch, CohenGeoffrey, DRoss, ARTICLES, Finkelstein, Cowart, Zeidwig, Spechler
Categories: Lynch, CohenGeoffrey, DRoss, ARTICLES, Finkelstein, Cowart, Zeidwig, Spechler
Howard Finkelstein gets credit.......
Finkelstein 
Zeidwig
"Adversarial Justice, America's Court System on Trial", written by Ted Kubicek, JD, quotes Broward County Public Defender Howard Finkelstein, recognizing him for his stance against "meet-and-greet" pleas.
During the Public Safety Coordinating Council meeting on May 11, 2007, Finkelstein was subjected to criticism for his stance against "meet-and-greet" pleas at arraignment. Members of the judiciary present included Dale Ross, Thomas Lynch, Jay Spechler, Geoffrey Cohen, Gary Cowart and Howard Zeidwig.
Finkelstein exposed what's been going on in Broward for the past 25 years. He explained the inequities in the system, and the steps he would take, in cooperation with the Broward Sheriff's Office, to eliminate the practice.
After Finkelstein concluded, Judge Howard Zeidwig spoke colorfully, reflecting on his previous experience in private practice. "I think if a lot of criminal defense lawyers had been paid in full and got a reasonable offer at arraignment, they'd take it and run."
Finkelstein's response? You have to hear it to believe it, and luckily, now you can, by clicking the link below.
JAABLOG is proud to add its newest feature: the ability to listen to recordings of the public record on demand. The exchange between the two Howards is now available for your listening pleasure. And that's just the start.
Click, listen, think. Post a comment. Join the debate.
PSCC May 11 2007
Finkelstein Zeidwig"Adversarial Justice, America's Court System on Trial", written by Ted Kubicek, JD, quotes Broward County Public Defender Howard Finkelstein, recognizing him for his stance against "meet-and-greet" pleas.
During the Public Safety Coordinating Council meeting on May 11, 2007, Finkelstein was subjected to criticism for his stance against "meet-and-greet" pleas at arraignment. Members of the judiciary present included Dale Ross, Thomas Lynch, Jay Spechler, Geoffrey Cohen, Gary Cowart and Howard Zeidwig.
Finkelstein exposed what's been going on in Broward for the past 25 years. He explained the inequities in the system, and the steps he would take, in cooperation with the Broward Sheriff's Office, to eliminate the practice.
After Finkelstein concluded, Judge Howard Zeidwig spoke colorfully, reflecting on his previous experience in private practice. "I think if a lot of criminal defense lawyers had been paid in full and got a reasonable offer at arraignment, they'd take it and run."
Finkelstein's response? You have to hear it to believe it, and luckily, now you can, by clicking the link below.
JAABLOG is proud to add its newest feature: the ability to listen to recordings of the public record on demand. The exchange between the two Howards is now available for your listening pleasure. And that's just the start.
Click, listen, think. Post a comment. Join the debate.
PSCC May 11 2007
Colorful is not exactly how I'd describe the less than judicial language used by Judge Howard Zeidwig in his response to the subject of Meet and Greet Pleas at Arraignment. It's this kind of uncaring, unprofessional and frankly all too common attitude that gives attorneys the reputation we have gained among the rest of society, and particularly a segment of society that is in most need of our services. Judge Howard Zeidwig should be ashamed of his use of the inferior vernacular when talking about the ignoble practice of getting his money and selling his clients down the river! This is unfortunately fairly demonstrative of the quality of the judges we have on the Broward County Bench. Howard Zeidwig should be admonished or worse for the kind of attitude and language he so coarsely and vulgarly expressed at of all things a Public Safety Meeting where he unfairly denigrates the practice of law, expresses his personal contempt for his clients and to his continued shame then off handedly involves another respected attorney such as David Bogenschutz in the same practice. His arrogance can not be defended. Howard Zeidwig has a most callous, unsympathetic and insensitive attitude toward his duty as both an attorney and judge for one who has been so fortunate and realized the benefits so abundantly from our system of justice. Our judiciary has reached a "New Low" in the expression of opinions such as his. If this is not to be regarded as conduct unbecoming a judge, it stretches the confines of credulity to think what would meet the definition.
i dont think i have ever heard a judge curse before in a public meeting. in broward i guess there is a first for everything
Hey, man, he's not alone. More Judge Green NHI. What's wrong with these judges?
Hang your head in SHAME Judge Howard Zeidwig. You've really done it this time. What a complete, utter moron.
Did I hear the recording correctly? He used the F word? And this guy is a sitting judge?
Reprehensible and just what you'd expect from Zeidwig.
What a filty mouthed bore. Maybe he learned that kind of language in law school or from Charlie Greene. They say it's the company you keep. What kind of message does that send to defendants appearing before him?
Not very bright Judge Zeidwig. What in the world were you thinking? Nothing like getting caught with your pants down.
Just what we need. Another judge in Broward shooting his mouth off, not only embarrassing himself but speaking of another attorney in the same terms. This guy needs to learn a lesson. Bet he's not smiling now. He was never David Bogenschutz' partner anyway. They only shared office space. Wonder what David thinks about this abuse of discretion, not to mention the other judges or his wife. He doesn't deserve to sit on the bench, even in Broward. Too much. We've got quite a bunch of judges, don't we?
Whoa, you really stepped in it Zeidwig. You infer that we should take their money and then plea them out at first greet? Some kind of attorney you must have been. But that was a long time ago. Now you've had the time to bring your twisted view of things to the bench. You need to wash your mouth out with a strong lye soap for starters then attend sensitivity training for the rest of your career. Although I have strong reservations about you remaining on the bench. Broward County deserves allot better than the type of judge you have shown yourself to be.
Dumb question....
At what point on the recording did Zeidwig say the F word. I listened to it twice now was it at the end?
on the counter in windows media i noticed that it was at 8:39, when you hear the what sounds like the f word before detrement
id rather rise for the gto
Explain yourself out of this one, Howard. I'd be keeping a really low profile in the courthouse if I were you. You're a shame to the judiciary and to the practice of law. Your very character is now in question. That kind of language is usually reserved for a night out with impolite company, not a public safety meeting when discussing something as important as the subject of first arraignment. What do you think the message is going to be to the public regarding the exchange of your ideas? Really unnecessary. The public already views Broward's Judiciary with cynicism and suspicion. You've taken the next step to insuring that the public remains skeptical of the motives of attorneys in general and the honor of our judges.
"F'ing decrement", counter 839 near the end of the recording. Good one Judge Zeidwig. You're a real gentleman.
I know Howard would have a hard time understanding this but what about the situation where a person knows they made a mistake and wants to move forward with their lives. Is it not best to do what your client wants and resolve the case if there is a reasonable offer out there?
Especially where the defendant or family member would rather pay an attorney to secure a good deal in court than pay the bondsman fee and the guy gets out with the case still over his head
Then there is the real dirty little secret at the PD's office that almost since his arrival there has been a mass exedous. That currently he is understaffed by 20% in attorneys. Attorneys moving their boxes out of the office on a weekly basis. Is it good representation when your attorney moved from Juvi to Misdemeansors to Felonies in 6 weeks because of a manpower shortage?
your scenario is not what the subject matter is about. this is about people who meet their attorney for the first time in ct at arraignment without the opportunity to examine everything fully.
A great impression Zeidwig must leave sitting in Juvenile.
Sounds like an honest exchange of thoughts. Seems this hurts a lot of feelings in Broward and elswhere.
Howard Finkelstein has done more to reverse the inexorable march of the disintegration of our constitutional rights and the general deterioration of our system of justice than anyone in recent political history. Your critisism of him in any manner is unwarranted and in very poor taste. I commend him for maintaining his focus when others shamelessly chase what is only in their best interest and with obviously very little concern for the integrity of their offices.
Howard, I know you claim to have nothing to do with this blog but maybe you will glance at this post and respond.
You blame every lawyer in town for the sins of the Judiciary etc of the last 20-30 years, but what did you do in that time. If the PD's office was so shabbily run, defendants being so awfully treated, what did you do? Did you use you access to the media to rail against this? NO. Did you rise up against Al and call him out on it? NO. Why didnt you run against him, knowing all the problems in the office?
I am sure you will claim you dont remember(gee wonder why?), but I am sure there were a few meetem and plea'ems at arraignment at Finkelstien & Dallas. Dont say that you didnt benefit from the Judges/system because there are many that know you did. Its great that you cleaned up your life but 12 steps etc does not give you the right to be God and judger of man. Your true character is exposed you are a snake in the grass who laid in wait kissing Al's ass until he gave you the top spot.
Oh, Howard Z. What you bring to the judiciary is only what has been thought of you all along.
Cyberblob: Did Jack dictate the above post for you? What a disappointment you are to the community that's given you everything you have.
C.B. If there's ever been an atypical consummate political opportunist, you are the worst.
Howard Zeidwig has to be totally out of it to have made such a grave misstatement.
Zeidwig is just angry because he can't steer anymore cases to Baby Zeidwig through Weinstein or the handful of other judges he used to keep his son in the dosh. What a corrupt place this is. I'm glad the wheel is dead. It was a travesty watching what used to go on in court with them all getting the cases.
Poor 'Judge' Posner. What's he judge, cake shows? What 'formidable procedural obstacles to conviction' can he be alluding to? The inconvenience of trial? The inconvenience of 'fair notice' to an accused citizen? This vacuous elitist punk certainly understands not the precept of a free society which relegates government to SERVICE of its citizens, including Blackstone's admonition to the effect it is better that 10 guilty men go free than that 1 innocent man be convicted. Being a part of the 'system' as it is, the only 'formidable' barriers really apparent involve the 'threats' - by judges and prosectors in combination - to lengthy prison terms. Threats that the proffered 'deal' is only 'on the table' if taken immediately without testing the merits of constitutional rights - e.g. to be free from illegal search and seizure. The 'system' involves the poor and minorities being unable to see a 'fair chance.' The drive is to create as many 'felons' as possible. Indeed, 'judges' like Posner are more interested in 'docket clearing' and 'case loads' than 'justice' - let alone "justice tempered with mercy." Someone please arrest that ass Posner on 'any' allegation - then offer him a 'deal' or else.
I am very disappointed by all of this. I think it's time to hear from some people who were around in the 80s and are still around, so some of you have a better understanding of the relationships involved here. First, Howard Zeidwig was an excellent criminal defense lawyer. If you listen to the tape, you will hear that he is differentiating between the typical PD case and private case. The Howards were actually in agreement.
The fact is that if the PD is appointed at arraignment, it is by definition a "meet, greet and plead" whereas the private attorney may have actually met with the client numerous times and evaluated the case. An example of this is the situation where the private attorney is hired on an Agg. Battery pre-filing. The attorney meets with the client, completes an investigation, gives statements to case filing, and convinces the State to file a misdemeanor. The attorney then appears at arraignment, and having been paid in full, pleads the client to a misdemeanor. This is not a "meet, greet and plead." Howard Zeidwig and Howard Finkelstein were speaking about two entirely different types of cases, and the issue is should a blanket policy of "no pleas at arraignment" exist? I think not.
Moreover, with regard to Howard Finkelstein's comment relating to the "kind of lawyer" Howard Zeidwig is, it's interesting to note that Finkelstein relied upon Zeidwig to assist him in getting reinstated to the Bar after his suspension. Certainly, F didn't think Z was bad when he needed him.
As far as the language goes, whoever was there knows what was said. I can't be sure what the words were, but assuming the worst, now a curse word is enough to generate these comments? What about a felony drug charge? What about suspension from the Bar? It's time to put things in perspective. This isn't an easy business. It's also not easy to be a PD. But please, this dragging everybody down is just out of hand. Finally, it's interesting that the people who seem to have clearly heard the tape, say the F word is before "decrement." Wasn't it "detriment?" But then again, if the objective here is just to hurt people, who out there really cares?
Why Zeidwig and the other judges blame Finkelstein for the breakup of their little monopoly for what they have brought on themselves is completely beyond me. This is just yet another example of a judiciary out of control. These judges are monsters when it comes to what they believe is their exclusive right to power being threatened. Give it up fellas. It should be liberating after having had Ross at the helm for sixteen years with the kind of tyrannical dictates he wielded. Try and keep in mind you're public servants. Do your jobs and keep your mouths shut. Keep up the good work, Finkelstein. Listen to the recording carefully before you jump into Finkelstein's lap. He's trying to do the right thing against tremendous odds.
The Law Firm of Bogenshutz & Zeidwig. Never heard of them.
You probably never heard of Eddie Kay either.
What the client wants? The issue is, will the client want it when the threat is removed...when the desire is free. Give reasonable release conditions; let the client review the discovery; let the lawyer advise the client; let the client consider the advice; let some issues be 'tested.' Then, whatever the original 'deal' was can be accepted - if the client wants it. The issue is unfettered choice and meaningful counsel. Remember, judges are politicians - they cater to power and votes - convicted felons don't vote. How many politicians to you see advocating the rights of an 'accused' rather than alleged 'victims?' Name one; he or she is too obscure to be noticed i suppose. But, I understand: Until you are in the fire, the pot is alright.
I listened to the tape and heard nothing. The part about being paid in full was a little tacky but there was no profanity. (and if there was, so what). I appeared in front of zeidwig many times when he was in family and he was always attentive, respectful to the parties and well versed on the law; let's not beat up on a good judge.
(and here is a judge who actually engaged in private practice for many years, not just as a state attorney or ausa.