CITY OF FT. LAUDERDALE MUST PAY TO PROSECUTE HOMELESS
The 4th DCA ruled in favor of Public Defender Finkelstein's position that the city must provide a lawyer when prosecuting indigent defendants for municipal ordinances.
The certified question:
"Is the City of Fort Lauderdale responsible for the cost of representation of indigent defendants charged solely with a misdemeanor violation of a city ordinance?"
The answer:
"We answer yes and return the cases for disposition."
City ofFort Lauderdale ; and State of 
Florida
http://www.4dca.org/Apr%202008/04-30-08/4D07-2264.opC043008.pdf
The certified question:
"Is the City of Fort Lauderdale responsible for the cost of representation of indigent defendants charged solely with a misdemeanor violation of a city ordinance?"
The answer:
"We answer yes and return the cases for disposition."
City of
, Judicial Administration Commission v. Crowderhttp://www.4dca.org/Apr%202008/04-30-08/4D07-2264.opC043008.pdf
Well I quess the City of Fort Lauderdale was wrong, again. Way to go Howard!
While I give props to our PD for taking a stand and fighting the City on this issue, I think Kudos also need to go to Judge Cowart, who not only ruled that the PD does not need to take these cases, but also ruled for the correct reason -- that it was the City that was responsible for these payments.
In reading the decision from the 4th, you can see how it reads like the decision from Judge Cowart at the County Court -- similar reasoning and analysis.
Since we all spend so much time bashing the judges when they make the wrong calls, let's give some props to ones who consistently make the right calls for the right reasons.
Good job to Howard F. and good job to Judge Cowart.
Hopefully Ft. Lauderdale will now make the right call and stop prosecuting BS municipal ordinance cases.
I for one agree – I’ve always hated Fort Lauderdale and it’s a good thing I live in Hollywood – I hope all the MO violators flock to Ft. Lauderdale and leave my Hollywood alone.
I wonder how really affective Howie’s stance actually was – can’t the city just arrest them for the MM violation rather than citing them for the MO violation? I’m not sure, but aren’t “MO’s” not scoreable and carry less fines. In essence, Howie has convinced the FLPD to arrest for “MM” rather than “MO” and added a .2 to the scoresheet for priors. I also don’t think “MO’s” appear on NCIC’s or count as criminal convictions – unlike a “MM.” Howie, which side are you on? Additionally, the city prosecutor would drop charges all the time and never went to trial, unlike ASA who must ask permission and won’t exercise discretion. Isn’t funny what we ask for?
Further, city prosecutors are a joke and that was easy cash. But then again, I can charge more for a MM than an MO.
I guess when it comes down to it – thanks Howie – more cash in my pocket and a magnet for “MO” violators now in Ft. Lauderdale.
In fact, CNN just reported a mass of homeless MO violators enroute to live it up in Ft. Lauderdale, one was carrying a sign which read "follow me Loitertown," while others kept taking breaks along the way on the city benches --- when asked what's with all the breaks, one homeless man stated "weez, just practicin man, its practice"
You forgot - the standard bond schedule is higher for MM also.
I thought MO was a .2 on the scoresheet, but I'm also not positive.
"I also don’t think “MO’s” appear on NCIC’s"
What appears on an NCIC is whatever the agencies (LE, prosecutors, clerks) report to the clearinghouse: it can vary from case to case as much as from one jurisdiction to the next. Usually it won't show NTA's or citations unless there's a disposition, but a booked custodial arrest will most likely show up regardless of what it's for.
"or count as criminal convictions – unlike a “MM.”"
MO's are misdemeanors, so they count. They just happen to be brought in the name of someone other than the State.
4:56, the standard bond schedule is higher for MM's, and the court costs are MUCH higher: $233 for an adjudication on an MM, $213 for a withhold vs. something like $47 on an MO, plus MAYBE a $10-50 fine. Of course, to homeless people wandering around with uncollectable civil liens for court costs I guess that doesn't really matter, but to working poor people right at the edge, it matters enormously.
Quite a week for HMH. ABA Journal, massive court victory. Senator Finkelstein anyone?
It takes courage to fight against corruption. Mr. Finlkelstein has this in abundance. Florida is a mess and so is our court system. Just look around.
"Senator Finkelstein anyone?"
State maybe, but whose current district? Though you realize Broward Dems don't exactly count for much in Tallahassee, most state legislators have never heard of him, and those that have hate him since he's made no secret of his hate for them?
Federal not in a million years.
The only pimp that uses the word hate seems to be you!
Scott Walker, Ft. Lauderdale city prosecutor is not a "joke" - he's a decent man and a fine attorney presented with a serious budgeting issue, laid down on him by his IDIOT bosses.
here here..there is a tone that undermines our confidence in the system.
who is going to fight this in court