ATTENTION CRIMINAL LAWYERS
LETTER TO CHIEF JUDGES FROM JAC RE REGIONAL CONFLICT OFFICES:
JAC TO TOBIN
PD TO JUDGES: EXPERT TESTIMONY WILL NOT BE PRESENTED UNLESS MOTION CANNOT BE PROVEN WITHOUT IT:
BUDGET CRISIS AND DOWNWARD DEPARTURES
JAC TO TOBIN
PD TO JUDGES: EXPERT TESTIMONY WILL NOT BE PRESENTED UNLESS MOTION CANNOT BE PROVEN WITHOUT IT:
BUDGET CRISIS AND DOWNWARD DEPARTURES
I hate to see the psychologists get hurt but I'm tired of the bullshit. The average defendant has ten drug charges and we need to pay an expert to tell us he's got a problem? All that JAC paperwork won't be missed either.
What about the conflict counsel appeal stay? Has it been denied or granted? Will the offices really be operational in March? I heard there was a decision today that made this letter from the JAC a moot point.
Inefficient the old way too. No more resetting court dates to have the doctor there. Just do it at arraignment for crying out loud.
If indigent clients are foreclosed from presenting the best possible defense with live testimony, does this not pose a constitutional issue? Article V as applied to mentally ill persons (a protected class) who are indigent are being treated differently than private clients who can afford a better defense. Seems like other amendments too would come into play (the 6th and 14th for example). Even SPD's cannot get fair evaluations done because of rules which preclude an equal defense for all. Article V may very well be unconstitutional on its face.
I read Howard's letter differently. The heavy duty stuff still gets the Dr but, as the statute has always said, you don't need to waste money on a Dr for the easy call 948 drug sentences. Privates shouldn't waste money either (their clients or the JAC's). Judges should stop the foot dragging for all drug cases and just get rid of them quick and easy. I don't need an expert to tell me the client is a druggie, and I bet the legislature didn't ever intend for the Circuit to waste so much money on the Drs all these years for 948s, which is why they never required a Dr in the first place.
Great job by the PD on this one I say.
The use of psychologists has been way over the top for far to long. It's really a bunch of BS. It's been a hot topic in Tallahassee for quite a while with certain psychologists being the cause of questions being raised about expenditures from State coffers in amounts that would stagger the imagination, or in this case certainly get the attention of State auditors. The gravy train was bound to come to a halt in leu of massive budget cuts.
Glad to finally see someone coming to their senses. Drs. have been overused to the point where they have become part of the problem and we've grown used to the practice. Good work Mr. Finkelstein. Some of these guys have made a real killing immersing themselves in the system at public expense. It's time to de-institutionalize the practice.
Wonder what a public records request would show as to how much has been spent on court appointed psychologists? I'll bet the numbers would surprise a lot of people.
Now we'll never get paid. Should have been a psychologist by the looks of things.
How much do they make? You mean law school was a mistake? Ha ha ...
I'd have to agree. It's gone way beyond the original intent with the use of experts.
The whole thing was a scam on the taxpayers.
That was some expensive expert testimony in the Aleman trial. I hope Brannon got paid in advance.
To me it is another example of the unreasonableness of Satz clogging the system and his judge buddies refusing to stand up for themselves.
Satz won't break any drug case down. These stupid cocaine residue cases or regular possessions - the residues are misdemeanors every else, felonies here. The druggy defendant scores prison, they know which judges will grant the 948, yet they refuse to make offers of drug rehab or downward departures, necessitating the hiring of doctors, hearing time wasted, the whole mess.
Broward is a wasteful mess because of Satz and chicken judges who just won't say "enough is enough."
Want to stop the waste of millions of taxpayer dollars and get violent criminals prosecuted properly so they stay off the streets? Then dump Satz.
You whhat this is really about Red Rooster, you testified for Aleman now you must pay.
Thank you to JAAB for posting the Howard to Gardiner Memo which contained Howard's personal cell number. I think we should all take the opportunity to call Hoawrd if we have a question, need a little "help", or just want to thank him for being such a fearless leader. Its his State paid phone and it has unlimited minutes. If he is not there he will be leaving an inspirational voicemail msg that changes daily. Todays message is being "4'9 and still made it to the big time". Tommorrow will be Howard's Top Ten Ways to Bite the Hand that Fed You.
a sick system but how do we get these people out and get a ck and balance system
Good thing there's something called caller ID these days old timer.
IMHO, the judge's like appointing doctors. The only patronage thay have left apparently. Has anyone checked the campaign contributions to see if psychologists are heavy contributors?
In Dade they publish (at least to all the judges) the number of ct appoinments each psych has gotten and how much they've made!!!
Made the Habers and several others very rich!!!
Remember *67 Old-Timer.
Hello, you've reached the voice mail of the all powerful, broadcast in High Definition Help Me Howard.
I can't reach the phone right now as someone has put it up on the top of a 5 foot filing cabinet again, so please leave a message at the tone and I will be sure to have someone return your call.
If this is an in-custody Public Defender Client, please include in your message the number of Sunday Jail Visits your assigned lawyer has made to you in the last four weeks.
Thank you, and F*CK Al Schreiber.
....still can't get a depo from the PD's office for a felony trial.
no. but you can impeach with your handy-dandy tape recorder. what could be better????
You are correct~the solution is to break down the drug case.
Political Corruption is the greater problem in this State-no Joe Blow doing a line in the privacy of his home
record all the depos like in palm beach. stop the waste already. at least getting rid of the expensive evaluations is a first step.
Judge Davey lifted the stay on his order finding the Regional Counsel unconstitutional to the extent that the office cannot take cases post 1/31. (awaiting signed order). Case has been certified to the Supreme Court.
I wouldn't get your hopes up. Things will get worse before they get better if they ever do.
The whole thing is a joke to put money in the drs. pocket. They make a fortune and they don't need to testify at a downward departure hearing - the Judge can rely on their report.