MEDIA 1/6/08

Free Speech Advocate Conway (DBR) Judge Jorge LaBarga Panza
SENTINEL:
MIKE MAYO: "Bar rules should protect rights, not judges":
http://www.sun-sentinel.com/news/local/broward/sfl-flbmayocol0106sbjan06,0,6957463.column?coll=sofla_tab01_layout
"Part of Conway wants the matter to go away by reaching some sort of settlement. But another part wants to fight for the bigger principles, seeing as how the Florida Bar is a branch of the Florida Supreme Court.
"The right of every lawyer to expose injustice is at stake," Conway said. "The Bill of Rights is at stake. And my license to practice law is at stake."
... The irony is if Conway hid behind anonymity or a pseudonym, as most Internet posters do, he probably wouldn't have gotten in trouble. "My nature is not to hide," Conway said.
By being a stand-up person and putting his name to his post, he's opened himself to harsh consequences.
Where's the justice in that?"
HOMICIDES RISE SHARPLY ACROSS BROWARD IN 2007:
http://www.sun-sentinel.com/news/local/broward/sfl-flbhomicides0106sbjan06,0,6871246.story
"Last year, 118 people were slain in Broward County.
Most were shot, others stabbed. One woman was dragged to death under a van. Another was burned and her severed head found in the Everglades. Two Broward Sheriff's Office deputies were gunned down in the line of duty.
Not since 1990, when 123 people were killed, has the county had so many homicides, according to records compiled by the Broward Medical Examiner's Office, local law enforcement agencies and the FBI. Authorities have been unable to explain what has become a 71 percent increase in homicides since 2004."
(At least Mr. Satz is keeping us safe from drug residue offenders, jailhouse masturbators, and duck killers -
does anyone else think it might be time to reevaluate and prioritize, especially in the face of further budget cuts?)
JUDGE LABARGA RUNS HIS COURTROOM WITH CONSCIENCE AND A FIRM HAND (1/3):
http://www.sun-sentinel.com/news/local/palmbeach/sfl-flpplea0103pnjan03,0,3264406.story
"Upon hearing the terms of the plea agreement, which originally included a provision that (18 year old) Severino be adjudicated guilty of the felonies, Labarga immediately interrupted and flatly stated he would not adjudicate her guilty because it would ruin her life. The state removed the adjudication."
HERALD:
BSO QUESTIONING 1.3 MILLION PAID TO PANZA'S FIRM TO AUDIT OLD PAL JENNE:
http://www.miamiherald.com/news/broward/story/367922.html
"The Broward Sheriff's Office paid more than $1.3 million to a law firm with close ties to ex-sheriff Ken Jenne to do an audit of the agency's mishandling of its crime statistics -- but the firm never submitted a final report because BSO never asked for one.
Fort Lauderdale attorney Tom Panza's work over three years appears to duplicate much of the internal and outside reviews done by the FBI, the Florida Department of Law Enforcement, a Tallahassee academic group and BSO itself, according to sheriff's office officials...
In the end, Panza said, his firm did not write up the final audit, even though he told The Miami Herald in spring 2005 that he would do so after the state attorney's office completed its criminal investigations."
(Maybe In The Glass Darkly was right about the dominoes falling after Jenne went down...or maybe not.
These guys always seem to come out ok, no matter how bad it smells. In any event, Lamberti deserves
credit for trying to do the right thing.)


What else does he need? Skyrocketing murder and violent crime rates, the stench on Satz of the Jenne affair and his overall double standards of justice for the powerful and the poor, pissed off cops over prosecuting little guys and leaving the big guys alone in PowerTrak, the never ending judicial scandals that he always turns a blind eye to - Satz is vulnerable, and he knows it.
I wonder if the money people will turn away from him too if he has an opponent (is it true he's only been able to raise a hundred grand thus far?). They want things to calm down in the courthouse, right?
Everyone knows Satz is a vestige of the good old boy way things used to be here.
Where's Mancini? Or where's a young lawyer with vision and the courage to say "enough already"? You get 33% just by filing, why not make a name for yourself? Even better odds if you have a wife and kids and a "stein" at the end of your name, unlike Satz. The judges can't shut you down on SPDs, right? And guess what, you'll probably win.
Nice work by Labarga. A fair man. Too bad he didn't get the 4th DCA job, but we all know Dorian and Charlie go way back.
Can you imagine a judge in Broward jamming it down the State's throat? Of course JUDGES run the system and their courtrooms in Palm Beach. Sigh. Imagine that.
You think Jenne gets the Broward papers in his cell? He must love reading about Scherer and Panza now. Old friends, stacked up like bookends on park benches, isn't that how the song goes? Did Jenne ever get his mil from Scherer? And Panza and company got their mil, right? I dunno. I'm thinking they have it all worked out so Kenny keeps his pension. Why else would things be so quiet from Ken's side of the world about his old cronies' business affairs?
Mr. Conway, although I don't know you personally, I want to thank you for your intestinal fortitude in standing up for what is right and maintaining the voice of reason to these political legal maggots. You are on the moral high ground, but I suppose you already know that. Don't let anyone make you think otherwise. Stay true to yourself and your principles. Free Speech is a fundamental right and you will see you are right.
1.3 MILLION! What a FAT DISGUSTING PIGGY!
Wouldn't you hire a Top 5 accounting firm to do a high profile audit in a matter as serious as the BSO scandal?
Why would you hire a law firm, particularly one run by your close buddy Panza?
Jenne is now known as the thief and liar he is. Is it possible the whole Panza thing was another Jenne scam to cover-up the scandal and enrich his friend?
Maybe Panza thinks he did a good job, but come on, why not use an independent accounting firm? Don't the citizens of Broward deserve more? Were they afraid of what an independent audit by professionals might uncover?
And why did Satz handle the Exceptional Clearance Scandal? He was too close to Kenny boy to investigate Jenne's personal criminality, but Satz is independent enough to clear all of the top BSO people in PowerTrak? Those were some great trials Mike, a JOA (with a judge married to a BSO officer he never even asked to recuse) and mistrials when evidence was withheld?
Broward is a cesspool.
I wonder if Panza will feel the need to hire Bogenschutz to help answer BSO's questions.
Conway can't call her an unfair witch but the Chief Judge in Jacksonville can call another judge a son of a bitch?
What a mixed up world we live in.
"Why would you hire a law firm, particularly one run by your close buddy Panza?"
So a crooked, now convicted felon could pay over a million dollars of taxpayer money to his good lawyer friend Tom Panza, under the guise of helping with a review of BSO practices.
maybe satz will investigate (snicker)
Great picture, Sean!
It has always amazed me how the SAO in Broward wastes it's best prosecutors in the stupidest areas. Take for instance Drug Trafficking. Experienced, thorough prosecutors in that division, wasting everybody's time jamming minimum mandatories down everyone's throats on pillhead cases. Do we really need to waste so much time and effort incarcerating people who get caught with 30 pills?
Why not put these folks to work in the gun divisions? The conviction rate in those divisions should be 100%, but we all know a dismissal is as likely as a conviction. They tell us it's because witnesses don't cooperate but I think that's a lousy and dangerous attitude to take. Broward streets are bathed in blood because they don't try hard enough, and because their best and brightest prosecutors are wasted on misguided prosecutions that do nothing to protect us.
Jenne's just the tip of the iceberg I'll bet.
Dr. Brannon (great guy, terrific forensic psychologist, strong atheist background)
Oooooops, wait a minute, testified for Aleman, thought he would get browny points, judges threw him a few appointments, but wait!!! Ghost Rumor mill heard the good doctor will no longer receive cases from Howard Finkelstien Machine because the Red Barron's testimony helped the same judge who was trying to kill APDs. Smart move Satin - may God, and Judge Aleman, bless you.
Fortunately, there is enough private practice work out there so you can still make a good living - which you clearly deserve.
Re Judge Labarga: I appeared before him dozens of times when he was in Circuit Civil. What an intelligent, fair jurist. The article comes as no surprise. We need more like him in Broward/Dade.
Not so certain that's the case. Budget concerns will ultimately and soon whittle down the use of court appointed psychologists in any event. It's been coming. It's not as if Brannon hasn't made a very good living from these appointments, but as far as private practice, I'm not so sure he has much, or very little I'd guess. That's not been his focus over the years by the look of things. Look at the numbers. Likable enough guy, but the clock has run on the over use of court appointed psychologists and he's made quite a business of it.
I have only appeared in front of Judge Labarga once or twice but did have the pleasure of going to law school with him many years ago. I'm glad he turned out to be a judge who actually thinks about what is fair and is not afraid to do the right thing.
Don't need a psychologist, court appointed or otherwise to tell me what to see when Aleman comes to mind anyway. It's pretty obvious to anyone whos appeared before her.
Mayo's got it right again. It's society that needs protection from errant judges by the looks of things.
Mr. Conway sounded very well reasoned and thoughtful in the newspaper article. I hope he prevails over a situation that hardly seems fair.
BY SHERLOCK HOLMES:
The Florida Bar, Lawyer Regulation, is an understaffed, underprepared group of reactionary attorneys who don;t have a clue about life in the real world. They are a society of pedantic, rock kickers that harass and harrangue a small percentage of the lawyers that seem to foment the wrath of the public. They are wryly labelled as frequent flyers and a substantial portion of the bar's resources are expended beating the bushes in search of theoretical transgressions. The upper reaches of the local bar office have been manned by several ill trained staff counsels who administer justice and conduct investigations in an uneven and often heavy handed manner. The public and the legal profession would be better served by a disciplinary system populated by a DBPR and not one composed of their own members and committee persons. This entire circus goes onm its merry way while individual ignore the obvious and crying needs of reform.
BY HEY ROGOW FLUNKIES:
good to see that one story has finally noted the CASE LAW PRECEDENT supporting a lawyer's rts to free speech!
That Dec. DailyBizRvw article quoted an atty who said stupid things like "the Bar has the rt. to limit 1st amendment rts as a condition of a law license". Oh really? Not according to this Federal opinion. And not according to another Fed opinion (Yagman - 9th circuit opinion).
See what happens when reporters quote attys who WORK with these judges? They say stupid things that aren't even supported by the case law. Or when you try to quote Rogow - who works at Nova IN THE JUDGES BACKYARD -- the same school lots of these judge go to and who asks these same judges for alumni donations.
BY SMART 1:
The saddest comment I have ever heard is that even though our system "isn't perfect, it's the best in the world". Our system is wrought with problems! The least of which is the corrupted individuals who lord over others while making sure they practice CYA. It is abhorrent that there has not been sweeping change to a system that is so obviously flawed. All judges, all lawyers, all politicians, yes, all people with a true desire to be honest and accountable should not fear the spoken or written word! Especially when it is the truth! Judge Aleman is clearly subject to improving her manners and ways at the bench or she would not be so greatly chastised by her own community. But to target an individual for his comments, like them or not, attorney or not, is not what a "free" America is all about. What rubbish! Where will it all end? Hopefully this is just the beginning of some change!
BY BUST CORRUPTION:
To Mr. Conway,
You need to follow this through as was done in Michigan.
If you don't, you will never let go of it. It will be on your mind for the rest of your days as an attorney.
Stand by your principles by doing what you feel is right. Isn't that one of the reasons you became an attorney?
DON'T GIVE IN.
BY JOE:
It doesn't take an attorney's statement to determine or sway the public's confidence in our justice system. The majority of the public lacks confidence in this system already. Look at the number of homicides that took place in 2007 (according to the S.S). We have hardened criminals released back into society due to liberal judges and slime..ball defense attorney's who fabricate evidence to create doubt in a case. Our justice system is a absolute joke.
BY NARGI:
THE FLORIDA BAR OF WHICH I AM A MEMBER IS A TOOL OF BIG BUSINESS AND THE CHAMBER OF COMMERCE. IT SEEMS THE ONLY SECTOR OF FLORIDA BUSINESS THAT IS REGULATED IS THE CRIMINAL DEFENSE ATTORNEYS AND THE PLANTIFF'S CIVIL ATTORNEYS. DEVELOPERS POLLUTERS, DRUG COMPANIES, BIG SUGAR ALL GO UNREGULATED. WHAT THE HELL AM I PAYING YOU GUYS DUES FOR: TO TRAMPLE MINE AND OTHER LAWYERS CIVIL RIGHTS. STOP TAKING IT UP THE BUTT FROM BIG BUSINESS AND BECOME INDEPENDANT.
BY IRONIC:
Let me get this straight. He is in trouble for talking badly about Judge Cheryl Aleman, the same judge who was tried for being an incompetent boob by the JQC? What if the JQC comes back against Aleman? Will they give the lawyer an award for being the only honest lawyer in Broward?
BY THANKS:
Who knows the judge better then the lawyer who practices before that judge. The lawyer is part of the checks and balance of the judges performance. Im so tired of things getting swept under the rug with any elected official, or those with connections I wish more would speak out, I hate going to the polls and not voting in a judicial contest because I know nothing about the people. Keep speaking out, whether good or bad, we the people need to know the inside tracks of these candidates.
BY KRAZIQUBAN:
Judges are protected in Florida regardless of how incompetent, arrogant, irrational they act on the bench. Shame on Conway for not respecting this unstated but well known fact. Look at Marina Garcia & how she threw that paralyzed woman in jail. But what attorneys cannot say, the rest of us in the general public need to. I am not licensed in any way so here goes...
The Florida Bar doesn't have the balls God gave to a baby goat, and that's between all of them. Freedom of Speech exists only if you don't rock the boat too much. What Conway did was to blow the whistle on judicial practices that pretty much characterize Florida, and I am sure other states as well.
I support Conway & his big mouth, regardless of whether it was offensive or not. I do not support a Bar in a state that lets every idiot carry a gun, but does not let someone say what they have a right to say.
Welcome to Florida, here's your gun, but shut your mouth. We will give you bullets, just don't say the wrong thing or you could lose your job. Florida truly is a HavanaBananaLand.
BY BROWARD VOTER:
It is always hard to vote for or against judges because there is no place to check their record. I at least know the name of one I can vote against now. Thank you.
BY MIKE:
In most States there are proper, and improper methods, for memebers of the Bar to deal with a judical officer who the bar member believes is acting badly. Spreading largely opinion based, ad hominem and highly emotional criticism, on a blog is generally neither especially effective nor appropriately deferential to the judical office, even if you despise the current officeholder. From the above comments it is apparent why members of this "learned profession" should not attempt to stir up mob justice and rally uneducated passions against judicial officers. There is already too much of that nonsense from non-lawyers. It is axiomatic that a significant portion of the public that has actually engaged in formal legal proceedings will be unhappy with the results, and losers often blame everyone else. And often those who have absolutely no contact with or education in the legal system seem to believe their highly negative opinions hold some probative value, and as with dentists and other frequently maligned professions, the ignorant sometimes change their opinion only when they most need the professional's services. And even then they resent paying for the service. In every State I am aware of, legitimate complaints against judical officers can be lodged by members of the Bar and are subject to reasonable investigation. When a lawyer calls a judge a "witch" on a blog, he merely demeans himself,the profession and the institutions which have maintained a sound, non-Chavista judiciary in the United States for many years. What may be "free speech" for a non-lawyer, may well be unethical for an attorney. Should your own attorney be allowed to assert that you, the lawyer's client, are an evil person who is likily guilty on a blog as a matter of his "free speech" and not be subject to professional discipline? Get a grip, this guy is only a hero in our current environment of know-nothing bloviators, like CNN's scare mongerer in chief, Lou Dobbs. Now that, my friends, was free speech!
BY ANOTHER LAWYER:
Lawyers are supposed to refrain from criticizing judges who have limited opportunities to respond. That is the theory.
In fact Judge Aleman has had a hearing before the JQC on the issue of her qualifications, and her defense was widely reported.
It is time someone takes a look at rules which restrict our speech. There are a number of reasons for this, but most importantly we (trial lawyers) are one group that is able and trained to know when judges abuse the public and the bar.
I do not know Judge Aleman, but I think Conway's speech is protected by the First Amendment even if it is not something I would ever personally say about any judge.
If judges wish to be immune to criticism, then move to South America. This is for now still America and I'll make my opinion known no matter what ridicules rules these clowns in black dresses want to hide behind. This young man did what he thinks is right, and didn't the judge in question, this same Judge Aleman who is surrounded with multiple complaints and problems change the policy in question immediately? That's what I thought. Judges are in for a big wake up call if they think they can control politically through the Bar the opinions of its members when it involves law that is being ignored by a subject judge. Who do they think they are anyway? Obviously they think they're not answerable to anyone, and further feel comfortable with the only route an attorney has, through the JQC, of coming out unscathed by a body who's first priority is to insure their (The Judges) survival and water down the judicial offense. I ask you what kind of a system do we have when the house is full of political cronies, fellow judges, and people beholding to these same jokers for political favors present and future? I think we know the answer and it's anything but fair.
I'm surprised we haven't seen more of the ADJ on the Conway matter. Oh wait, that's probably because he was listed as a CHARACTER WITNESS for the alleged "evil, unfair witch" who is "seemingly mentally ill."
Yah guys. He's definitely the one judge you want to be buddies with.
Maybe one day he'll even be so gracious as to leave the tip at Il Mulino for you (although the server won't be happy. I hear the ADJ tips like a French Canadian).
Watch it, Mike, you'll hurt somebody's feelings. I've heard he tips better than you do and eats allot less.
Chuckling at 9:38am.
Who is Mike and why does he get credit for my posts?
And having heard of the tips the ADJ leaves (all coin, no paper) for the hard-working wait staff at some of the local establishments (its even less if the server's name is remotely hispanic), I can't imagine anyone other than Le Adjudicator (I'll go with tthe French Canadian pronunciation for the moment) tipping so little.
Guess you haven't had lunch with Cyberblob yet? Get your order in first.
Who is Cyberblob?
I'm new here and there are so many nicknames for people. It's like a middle school locker room or George Bush's White House (he apparently nicknamed all of his staff, including Karl Rove a/k/a Turd Blossom).
You describe our judiciary well: A middle school lockeroom ... with no room for minorities, ect., ect. Time for the check Cyberblob.
Actually anonymous, the reference to the locker room was the nicknmes given on this blog by people like you.
I would think that Judge DiJols, Holmes, Robinson, Garcia-Wood, Avalos, Orlando, Gardiner, etc. aren't minority judges.
I certainly agree we need more diversity on the bench, but there are certainly a fair number of women and minorities already represented.
Maybe a breakdown of the number of judges and their racial/ethnic/gender should get posted here.
And again, thanks for calling me Cyberblob. Don't know who that is, but apparently you don't know me from a hole in the wall.