BACK TO THE FUTURE by Bob Wills
Chief Assistant Public Defender Robert R. Wills speaks out in support of Chief Judge Victor Tobin's promise to implement a full time magistrate judge in Broward County. Wills is a 30 year veteran of the Law Office of the Public Defender, Broward County.
BACK TO THE FUTURE
by Bob Wills
As a member of the Judicial Nominating Commission that nominated Ana Gardiner to the Circuit Court bench, it gives me great pride to see her working to fix magistrate hearings in Broward County. In recent weeks, she has been meeting with the stakeholders and other judges about changing the system. Apparently, a full time magistrate, better pre-trial release hearings at First Appearance, utilizing different courtrooms, and having more client information available for all parties are some of the items under consideration.
For too long Broward County magistrates have been deficient. Rotating judges, who treat these proceedings as an unimportant extra assignment, with the goal of rushing through the proceedings as quickly as possible, have been a major factor in keeping the county jail population unnecessarily high for years. Without the mandated pretrial release hearing, the criteria for pretrial release have been the standard bond schedule. However, poor people, who are unable to post any bond, no matter what the charge, have long suffered under the old system. In addition, people with bad records, who may be dangerous to the community, but who can post the standard bond are back out on the streets.
The Florida Statutes and Rules of Criminal Procedure require a full hearing on pretrial release or pretrial detention at magistrates. While a standard bond schedule has its purpose at booking, each new arrestee should be judicially reviewed, individually, considering their ties to the community, background, offense charged, and alternatives for release. In the past two and one half years, the Public Defender’s Early Representation Unit has pushed and clawed to make these proceedings conform to the law. Over a year ago, I was personally involved in discussions with the Sheriff, Clerk, State Attorney, and Judiciary to come up with a better magistrate court to address these deficiencies. At that time, the Public Defender, State Attorney, Clerk, and Sheriff, all agreed that starting at 11:00 AM or having two daily magistrate hearings, morning and afternoon, would allow the players to get more information before the magistrate to enable it to do its job properly. However, the old judicial administration said "NO. NO. NO." Now, it appears that things are about to change.
I have been around this system for over thirty years, far too long some say. However, I remember when the jail population suit was originally filed in the early 1980s. At that time Chief Judge George Tedder tried an experiment: he made Circuit Judge Thomas Coker, a full time magistrate for three months. During that time, the pretrial jail population decreased dramatically. The participants in the experiment discovered that when there is a full pretrial release hearing at magistrates, arrestees do not have to wait, sometimes weeks, for the assigned judge to set another hearing. When the experiment was over, Judge Tedder designed a magistrate system where judges magistrated their own cases. The judge was assigned at booking and each judge would be able to consider pretrial release the magistrate hearing in their own courtroom. This procedure eliminated many later release hearings and the jail population was kept under control. When the Tedder system was later changed by Chief Judge Dale Ross, the old jail population problems reemerged.
It is now time to fix this problem, again. A judge who conducts magistrates everyday becomes an expert in pretrial release and pretrial detention law. Such a judge is more sensitive to the jail population and the mental health needs of all arrestees. It is a noble judicial assignment. Keeping people in jail that are entitled to pretrial release may help bondsmen and lawyers, but is that right?
The days ahead will be interesting. I am sure Judge Gardiner will get resistance from those who do not want to change. However, she must push ahead. Soon we may have a new level of due process in our court system. The Broward County Commission and the taxpayers that have been paying the bill for jail overcrowding should take notice that an outmoded and derelict system is finally being addressed.
BACK TO THE FUTURE
by Bob Wills
As a member of the Judicial Nominating Commission that nominated Ana Gardiner to the Circuit Court bench, it gives me great pride to see her working to fix magistrate hearings in Broward County. In recent weeks, she has been meeting with the stakeholders and other judges about changing the system. Apparently, a full time magistrate, better pre-trial release hearings at First Appearance, utilizing different courtrooms, and having more client information available for all parties are some of the items under consideration.
For too long Broward County magistrates have been deficient. Rotating judges, who treat these proceedings as an unimportant extra assignment, with the goal of rushing through the proceedings as quickly as possible, have been a major factor in keeping the county jail population unnecessarily high for years. Without the mandated pretrial release hearing, the criteria for pretrial release have been the standard bond schedule. However, poor people, who are unable to post any bond, no matter what the charge, have long suffered under the old system. In addition, people with bad records, who may be dangerous to the community, but who can post the standard bond are back out on the streets.
The Florida Statutes and Rules of Criminal Procedure require a full hearing on pretrial release or pretrial detention at magistrates. While a standard bond schedule has its purpose at booking, each new arrestee should be judicially reviewed, individually, considering their ties to the community, background, offense charged, and alternatives for release. In the past two and one half years, the Public Defender’s Early Representation Unit has pushed and clawed to make these proceedings conform to the law. Over a year ago, I was personally involved in discussions with the Sheriff, Clerk, State Attorney, and Judiciary to come up with a better magistrate court to address these deficiencies. At that time, the Public Defender, State Attorney, Clerk, and Sheriff, all agreed that starting at 11:00 AM or having two daily magistrate hearings, morning and afternoon, would allow the players to get more information before the magistrate to enable it to do its job properly. However, the old judicial administration said "NO. NO. NO." Now, it appears that things are about to change.
I have been around this system for over thirty years, far too long some say. However, I remember when the jail population suit was originally filed in the early 1980s. At that time Chief Judge George Tedder tried an experiment: he made Circuit Judge Thomas Coker, a full time magistrate for three months. During that time, the pretrial jail population decreased dramatically. The participants in the experiment discovered that when there is a full pretrial release hearing at magistrates, arrestees do not have to wait, sometimes weeks, for the assigned judge to set another hearing. When the experiment was over, Judge Tedder designed a magistrate system where judges magistrated their own cases. The judge was assigned at booking and each judge would be able to consider pretrial release the magistrate hearing in their own courtroom. This procedure eliminated many later release hearings and the jail population was kept under control. When the Tedder system was later changed by Chief Judge Dale Ross, the old jail population problems reemerged.
It is now time to fix this problem, again. A judge who conducts magistrates everyday becomes an expert in pretrial release and pretrial detention law. Such a judge is more sensitive to the jail population and the mental health needs of all arrestees. It is a noble judicial assignment. Keeping people in jail that are entitled to pretrial release may help bondsmen and lawyers, but is that right?
The days ahead will be interesting. I am sure Judge Gardiner will get resistance from those who do not want to change. However, she must push ahead. Soon we may have a new level of due process in our court system. The Broward County Commission and the taxpayers that have been paying the bill for jail overcrowding should take notice that an outmoded and derelict system is finally being addressed.
Why is Wills wasting his time? Tobin told everyone this was going to happen already like a hundred times. Tobin is a man of his word, right?
For what it's worth, I don't think an article that addresses one of the major problems that has faced this county, its judiciary and its citizens the past twenty years can hardly be called a waist of time. I remember when the change was made from the Tedder System and felt it was a very bad idea to mess with success. Unfortunately it created many more problems with the jail population and then became something judges here got used to. Many judges shrink from what they consider would create more work for them, but as is the case, the old way of dealing with Magistrates was the better way. I look forward to judges taking the responsibility of the jail overcrowding problem seriously even if it does entail working a few more hours. They will be doing this county a better service than what has been occurring here for a long time. I hope Gardiner can rein in the lazy judges and improve the situation because the way Magistrates has been handled leaves very little to be proud of.
What we need is just a return to justice.
why doesnt gardiner do it herself?
Let Seidman do it full time, he is efficient and seems to be underworked/utilized.
Amazing. Something intelligent and reasoned on this smear website.
Who will be the new chief judge if Damoorgian goes to the 4th?
another i'm ready to retire soul, so let now try to explain how things were and how they should be, phony!!!
Like Satz, Ross, etc.
Bob,
Weren't you Chairman of the JNC that turned out such illustrious political appointments like: 1. Ana Gardiner - On the Board of North Broward Hospital District, political connections like Jenne and Schere, etc 2. Shelly Shapiro - political connection Russ Barakat, Russ went to jail, Shapiro run out back to private practice because of arrogant mean demeanor 3. Peter Weinstein - Term limited Senator appt by Lawton Chiles political payback 4. Joel Lazarus - ditto Russ Barakat, Lazarus has a habit of joa'ing charges down, it is going to bite him one day, not to mention Joel is a walking sex harassment suite waiting to happen. There's more, but I'll save it for another day.
You forgot Holmes. Another paragon of judicial temperment, demeanor, arrogance personified.
Look at me! Look at me! Look at me!
I do not understand why the judges would fight this idea. Just stick some new county court judge with the job, or a retired one (Jaab favorite Kappy is soon to retire). No more rotation, no more weekend duty for the other judges.
Where's the rub? It is win win.
"why doesnt gardiner do it herself?"
There is not one spare judge! We don't even have judges to go to every bar function honoring us! We can't even attend judicial conferences in Paris! You don't know how hard it is to retire at full salary after working barely 4 days a week for 30 years!
Who cares about a bunch of bums who can't comport with the law? Why should they be afforded extra cushy treatment so they can run around the streets and make taxpaying citizens lives miserable?
Leave them where they are, so they ... wait a sec ... sorry ... I thought we were talking about the Broward judges.
DOnt forget the complete joke of the JNC when Wills was on was Marshall Williams. How anyone could put a court reporter on the JNC is beyond me.
The glory days of Al. What the big guy wanted, he got.
"Peter Weinstein - Term limited Senator"
Is it true that Weinstein helped push a big pay increase for the judiciary before he was termed out of the legislature? I heard this story a few times, never could confirm it though.
"Let Seidman do it full time, he is efficient and seems to be underworked/utilized."
I thought he was taking over Pollock's division. Is this a rumor true?
Speaking of Al, it's nice to see something written by Wills that doesn't say "Al Schreiber" at the end.
Well written Bob, and well done.
Good article, Bob. I wish more people cared about the legal community in which they work. All the typical nasty stuff aside, why can't the judges just take turnes running a twentyfour hour magistrate court and give the taxpayers what they are paying for?
As I recall it was Judge Cowart and Spechler that has stood in the way of the idea of a 24 Hour Magistrate Court. The reason is anyone's guess besides just not wanting to put in the time. These lazy judges are in for a wake up call under Judge Gardiner.
Nothing like a little Truth Serum being interjected into the political morass of Judicial Mismanagement to start the morning. I think it's one of the best articles I've read in a long time. I applaud your effort Mr. Wills in addressing the Main Problem contributing the the Jail Population Issue. It is concise and to the point of the reality causing this situation. Judges are going to have to see beyond their petty foot dragging if the problem is really to be combated and if Broward is to be brought into line with other judicial circuits. The waste involved of resources is outlandish and judges should be confronted with their responsibility regarding the matter, for it is they that are creating the jail overpopulation problem simply because they don't want to have to work any harder at solving the problem.
741
Wow Adjudicator while its typical to spew your venom at Spechler now you are going after Cowart. Pathetic
How are we going to have around the clock magistrates when we don't have any courtrooms to spare? What are we to do? Now that's a big problem, hey, Gardiner. Maybe you should ask for help if you're not up to the task. Bet Spechler is going to fight you tooth and nail. That seems to have been his pet peeve, you know, having to do something/anything for the money the taxpayers pay him.
What? No court today Cyberblob? No, not again. Or is it Baby Bri at it again? Keep your eyes trained to the end of the week. Your spin is becoming more difficult all the time.
Judge Cowart just fell under Spechler's spell. You know the one. We're judges and we can do anything we want because we're in control. An old Ross mindset. But things are different now boys.
Mike, your lips getting sore yet?
who is mike?
yeah big things, uh huh, fbi a comin a huh, big news paper article yeah sure, for the blog sake i hope so because re hashing 2 -3 day old news paper articles is getting old
I like the news. I'm in Naples and I don't have to surf all the local papers to find out what's in your news since it's on this blog.
Great article. Why don't these judges get it? Lack of magistrate court = Jail Overpopulation. Now get on with it.
Systemic judicial laziness. They've forgotten they have to work for a living. There's a few that set a bad example and expect every other judge to follow their lead.
"DOnt forget the complete joke of the JNC when Wills was on was Marshall Williams. How anyone could put a court reporter on the JNC is beyond me."
How anyone could put Bill Scherer on there is the real mystery. Self-serving, self-interested, greedy, talk about character issues. How the heck did he avoid indictment in the Jenne payoff/kickback scheme?
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Sprinkles, Speckles, Diaz.
Wait, is that lyric getting a bit dull.
Hmmmmmm...let's add Cowart to the mix. God knows he hasn't done anything to deserve it, except being a good and decent judge, respectful to lawyers and parties, runs an efficient docket, knows and follows the law, and can make a decision in less than a month.
Naw, screw him. He never gave a $100k bond on a misdemeanor or found ways to get INS involved in the cases where Spanish speakers were the defendants.
I'll just lump him in with the rest and see if the moron bloggers bite.
Ok, now back to my real work of the day. Should I have Rocky Road or Butter Pecan at the ice cream social?
And which pig will I vote to get the Blue Ribbon at the NC State Fair?
Boss Hog Aherd, that's who.
Judge Cowart's only mistake was gluing himself to the likes of Spechler whose become unglued by the look of things.
Didn't Judge Tobin promise he'd institute 24 hour magistrates? Shouldn't we give him a chance. No doubt he's getting resistance from some other judges.
Bob, i scanned across this article and the only underlined words were
POOR PEOPLE DANGEROUS TO THE COMMUNITY INDIVIDUALLY.
What's up with that? Freudian Slip or Subliminal Suggestions?
his buddies in the legislature saved pip so his pipeline is still open...must be nice
"why doesnt gardiner do it herself?"
If Gardiner could "do it herself" she wouldn't have to entertain all those lawyers who appear before her.