CALLING ALL LAWYERS AND CONCERNED CITIZENS
Please email me at wgelin@yahoo.com if you wish to support Sean Conway. If you believe in free speech for all citizens, believe his statements were justified in light of Judge Aleman's behavior, or just think Sean is being scapegoated or is the victim of a political vendetta, he needs your help now.
The rights of all of us are on the line, and this matter could affect lawyer and blog free speech rights nationwide.
Let's show them that Broward lawyers stand for something.
Bill Gelin
BACKGROUND/ORIGINAL JAABLOG ARTICLE ON ALEMAN:
http://jaablog.jaablaw.com/2007/12/02/free-speech--or-bar-complaint.aspx
The rights of all of us are on the line, and this matter could affect lawyer and blog free speech rights nationwide.
Let's show them that Broward lawyers stand for something.
Bill Gelin
BACKGROUND/ORIGINAL JAABLOG ARTICLE ON ALEMAN:
http://jaablog.jaablaw.com/2007/12/02/free-speech--or-bar-complaint.aspx
Let's see what BACDL is made of. Isn't Attorney Barry Butin, the mainstay of the Broward Association of Criminal Defense Lawyers, "Mr. ACLU"? Will they kowtow to the judges again or support a DEFENSE LAWYER for a change?
anybody have the cite for the MI case mentioned in the sentinel?
I have a couple people (2) agreeing to testify as witnesses if necessary, but I was hoping others might have also observed Aleman's "1-week to prepare for trial / or waive your right to a speedy trial" policy that she was trying to get away with?
The witnesses I have are going to discuss how, as criminal defense attorneys, we are the first ones to recognize mental health issues in cases since, after all, it is us who have to request competency evals (making it not that unusual to raise such an issue in a blog article).
Fortunately for Nels Fieger (the Michigan attorney who called a group of appellate judges "nazi's") didn't have that Nova "free speech"/Con-Law professor represent him !!! Might not have gotten Michigan's Bar rules thrown out as unconstitutionalif he had!
Sean - best of luck in defeating this complaint. I disagree with this Bar rule and agree with the Michigan decision.
A question, however: How does gathering witnesses on Judge Aleman's allegedly inappropriate behavior on the "waive speedy if you aren't ready in a week policy" have relevance to the statements about her being an "evil unfair witch" and "mental instability"??
The policy certainly has bearing on her impartiality, and would have been grounds for appealing the case later, etc., but it just doesn't seem to have bearing on the specific language that the bar has found PC on you about.
Rogow says this speech went over the line? If my memory is correct, isn't this the same Rogow who defended 2 Live Crew? Anyway, is truth a defense? If so, Sean will be fine.
that judge is nothing but a life support system for that "hole". lets see how sane the beech is with trial by waterboarding
Rogow is an idiot. I would like to see him at a real law school like Harvard. He would be laughed out of the building. Then they wouild throw his bow tie out after him and it would hit him on his arrogant butt.
Broward lawyers stand for something besides butt kissing?
You have your work cut out for you.
to 9:38,
I'm certain Sean appreciates the support - from you and everybody else.
you asked how would witn's address the "mental instability" comment?
it was mentioned in the post before yours that it might be established that defense atty's are the ones who make the initial call regarding competency - and, so, not out of the ordinary for an atty to raise the issue (esp. with Aleman's tearing Orders in court, or that incessant O.C.D.-thing of "you didn't dot the i in this plea form!!!", etc., etc.).
as for a witness to her being "evil" and a "witch", well, it WAS Halloween? But, in all honesty, even Fred can't get personal service over God to testify whether her intent was evil or benign...
It's apparent that the Bar IS (regardless of what Fred argues and regardless of Federal caselaw) IS going to sanction one of its own & real relief won't occur until it reaches the Supreme Ct or Fed Ct.
Looks like Sean's just putting on evidence for the hearing to defend not only himself, but the right of ALL Florida Bar lawyers to exercise free speech.
We have so many great, respected Judges here in Broward, being overshadowed by the errors of a tiny few. I'm glad no other judges have imitated that "1-week to prepare or waive speedy" policy.
I heard that Professor speak at the PD's office once.
I was impressed by him at the time, but am disappointed that, as a Con-Law professor, he doesn't agree that political speech is the type MOST deserving of protection? sometimes words are chosen precisely FOR their impact Bruce!
"face down, a$$ up, that's the way we like to ----!" Luke Skywalker, 2 Live Crew
Rogow is a pompous you know what. A con law "professor". Hello? Tier 25? Get a real job.
From The DAILY PULP BLOG (New Times)
http://blogs.browardpalmbeach.com/pulp/2007/12/florida_bar_attacks_freedom_of.php
Florida Bar Attacks Freedom of Speech
Thu Dec 13, 2007 at 08:37:32 AM
I don't use the word "outrage" very often, but this is an outrage. Lawyer Sean Conway exposed a horrendous practice by Judge Cheryl Aleman -- a piss-poor judge by any standard -- and for performing that public service the Florida Bar might take his law license away.
The Bar's repulsive message: When it comes to judges in America, freedom of speech goes out the window. Call a judge an "evil witch" and you lose your livelihood? Not in my country, motherfucker.
The best line from Tonya Alanez's article comes from lawyer Fred Haddad, one of the best quote artists you'll ever find:
"There's absolutely no reason that politicians, and that's all judges are here in Broward County, aren't open to criticism. We've got a [Florida Bar] grievance committee that can't even conceptualize the First Amendment. You're dealing with a group of people that are entrenched in protecting each other."
Nova legal poobah Bruce Rogow, meanwhile, goes to the dark side (a place he's not unfamiliar with): "I don't think there's any excuse for that kind of crude and cruel language."
Yes, Bruce, let's be polite so as to protect the corrupt, wasteful, arrogant court system in Broward County.
Fight the Bar and support Sean Conway. Here's a way you can do it, via Bill Gelin at Jaablog, where the controversy began. Contact Gelin at wgelin@yahoo.com to help.
From the Justice Building Blog
http://justicebuilding.blogspot.com/2007/12/blog-at-your-own-risk_13.html
BLOG AT YOUR OWN RISK
The Broward Blog (link on the left) and the Sun Sentinel HERE report that the Florida Bar (motto: "If you're a lawyer, we're gonna getcha") has found probable cause to proceed to a disciplinary hearing against Broward Attorney Sean Conway for calling embattled North Of the Border Circuit Court Judge Cheryl Aleman "an evil unfair witch" when blogging about her practice of setting cases for trial within two weeks of arraignment. (Now don't you robed readers in Dade start getting excited. Look where Aleman ended up-having to pay Bogenschutz a load of bucks to save her robe.)
Res Ipsa Loquitor anyone?
Conway is being defended by well known Broward defense attorney Fred Haddad, who plans to defend Mr. Conway with a little used, archaic concept mostly unknown to the Bar's grievance committee: The First Amendment to the Constitution of the United States.
We cannot confirm rumours that the Justice Department may file an amicus curiae brief denying the existence and legitimacy of the "so called amendment."
Caveat Blogger.
(Three latin phrases in one post. We suspect the eggnog in our office may well be spiked.)
HR.
hear she's a witch in civil, too?
Oops! there I go, calling a judge a witch!! Come on Alan Pascal - come get me, too you p---y!
Can't wait for the Herald article!
the best thing the Bar could do to protect its silly anti-freespeech rule (and to shield Aleman - which is their whole stated purpose, right?), would be to drop this complaint against Sean.
Plus, in a way, that would suck for Sean b/c he is about to get lots of free publicity when this thing moves up to the next level...
http://www.nsulaw.nova.edu/faculty/cv/C_Imperato_resume.pdf
Why is her resume here?
Maybe her resume was posted because of the very last line about 1st amendment and the media, which is the topic at hand? Maybe there is some pearl of wisdom in that which shall clear the Good Mr. Conway, maybe fred Ghost Wrote the article, maybe it is an analogy between the good fairy and the "CENSORED BY THE BAR", or maybe the other judge whom has been accused of being
http://www.merriam-webster.com/dictionary/evil as well as a
http://www.merriam-webster.com/dictionary/witch did this to trick us all.
Maybe....
except for this guy:
http://www.hobotraveler.com/blogphotos01/206-09-pig-roast-tupi-philippines.jpg
saw that dead pig getting wheeled through the cthouse to the feast - but the more pressing question is: how did they arrange for those hot, polynesian girls in the background?
And didn't R.Kaplan hit on all 3 of them at some point?
Get rid of Aleman. She is a nightmare. Too bad about blogs. The first amendment is alive and well. the good ol' boys network will put up the biggest stink to protect one of their own. However, they have all misused power and with the internet and the modern day of electronics they will all see their own demise. YOu can no longer hide.
I hope that was a kosher pig.
WOW!!! Nice words Rumpole-dick but I don't see responding in the affirmative to Gelin's call to arms in defense of sconway. Off course, I don't see too many coming to sconway's aid.
why/how would you be able to see the people coming to Sean's aid? I mean, that makes no sense... There are hundreds of posts on the Wall Street Journal's site, the local paper sites, too. USAJudges.com is considering featuring a story about State Bars & their cozy relationships with the judiciary.
I heard he has a couple great defense lawyers agreeing to testify as to how much time does a def normally get from Arnmt to Calendar Call, and have they ever heard of a situation where a person gets 1-week? (i.e., a discussion of the Rule of Crim. Pro's "reasonable amt of time in which to prepare for trial").
Hear he's arranging for a 1st Amendment/Con-Law professor (who wants to do so voluntarily!).
Hear he may even call an expert witness to discuss how attys (especially criminal defense attys) are the ones who have to make the initial call all the time in initially picking out those in need of evals. (i.e., so no big deal to express an opinion out-of-court that a judge who tears up orders, throws an atty in jail for something that should've been handled differently, terminates a parent's rights b/c they relied on public transportation & were late, etc - he's basically gonna rake her all over the coals, again...
ALL of this led to an OPINION that she was "seemingly mentally ill").
Still, though, quite disappointed are many attys throughout the county, state and country, that the 7 members voted this way, rather than bury the story (and Conway's free publicity) and protect their precious little rule and judge at the same time?
good luck finding lawyers in Broward to speak out.
i wonder if her character witnesses would be willing to testify as to that practice???? they would probably say that it was in the client's best interest to waive speedy and that she was only trying to help the clients by making them forego their rights. no, they'd probably say that one week was plenty of time to prepare.
is nova even accredited yet?
Hey thanks Professor Rogow for flipping and selling out your fellow collegue in the press...For one who represented the right to sing "f@!$ Martinez--or f@!$ you of all people should not back down, or allow one's first amendment right to be questioned. Intellectually dishonest, or are you also in bed with the old school Nova-Judiciary connection. You let me down sir. So I will now sing every time I listen to one of my favorite bands from the 80's that shook the foundation of Nick Navarro, and former Governer Martinez, and come out with a new song entitled "f@$! Rogow,,,f@1$, f@1$ rogow...
VERY dissapointed in Rogow's comments. VERY.
I APPLAUD THOSE WHO ARE TRYING TO MAKE A DIFF BUT WE NEED TO CHANGE THE RULES THAT PROTECT JUDGES, LAWYERS AND PROSECUTORS. THE BAR WILL NAIL SOME ONE FOR BS THEN DO NOTHING FOR GRIEVOUS ACTS. JUDGES GET DO WHAT EVER THEY WANT WHAT ARE THE ODDS THEY WILL EVER GET MORE THAN A BAD BOY LETTER IN THEIR FILES. WE NEED REAL CHANGE
Rogow and Bogenschtupp should folow Ross and Schreiber into oblivion. Time to go fellows. Your time as big fish in a bygone deep south bottom of the barrel pond are over.
I've got some great news. It's the clarification everybody has been waiting for. I spoke to Nathan, the Exec at the House Committee on the Courts chaired by Rep. Dennis Ross. He told me that it is a matter of Florida PUBLIC POLICY to allow judges to impose ilegal (ubstatutory) excessive sentences or make any decisions they please regardless of any stautes or controlling case law to the contrary becaue that's just what judges are allowed to do and the results of this retgardless of being the element of felonies for anyone else, are nor only NOT felonies for judges, but do not violate the Canons of Ethics about being true to the law and informed about the lae and impartial and all that Canonistic jazz, and committing felomies by illegal decisions under color of law and in violation of due process and equal protection of law, it is not an impeachable offense when a judge commits it.
the bar association does not act in the interest of any citizen..... lawyers have turned their back when non-lawyers were the victim of speech suppression..... now is the time to reject a system of self regulation that does not serve honest lawyers.... only crooked judges like cheryl aleman and jay spechler.
finally, yes we need to stop self regulation, now how do we do it. they only go after those they have a grudge against or politically, gain power