SCALIA AGREES WITH FINKELSTEIN
ROTHGERY v. GILLESPIE COUNTY, TEXAS
No. 07–440. Argued March 17, 2008—Decided June 23, 2008
Texas police relied on erroneous information that petitioner Rothgery had a previous felony conviction to arrest him as a felon in possession of a firearm. The officers brought Rothgery before a magistrate judge, as required by state law, for a so-called "article 15.17 hearing," at which the Fourth Amendment probable-cause determination was made, bail was set, and Rothgery was formally apprised of the accusation against him. After the hearing, the magistrate judge committed Rothgery to jail, and he was released after posting a surety bond. Rothgery had no money for a lawyer and made several unheeded oral and written requests for appointed counsel. He was subsequently indicted and rearrested, his bail was increased, and he was jailed when he could not post the bail. Subsequently, Rothgery was assigned a lawyer, who assembled the paperwork that prompted the indictment's dismissal.
Rothgery then brought this 42 U. S. C. sec. 1983 action against respondent County, claiming that if it had provided him a lawyer within a reasonable time after the article 15.17 hearing, he would not have been indicted, rearrested, or jailed. He asserts that the County's unwritten policy of denying appointed counsel to indigent defendants out on bond until an indictment is entered violates his Sixth Amendment right to counsel. The District Court granted the County summary judgment, and the Fifth Circuit affirmed, considering itself bound by Circuit precedent to the effect that the right to counsel did not attach at the article 15.17 hearing because the relevant prosecutors were not aware of, or involved in, Rothgery's arrest or appearance at the hearing, and there was no indication that the officer at Rothgery's appearance had any power to commit the State to prosecute without a prosecutor's knowledge or involvement.
Held: A criminal defendant's initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel. Attachment does not also require that a prosecutor (as distinct from a police officer) be aware of that initial proceeding or involved in its conduct. Pp. 5-20.
Rothgery v. Gillespie County
LAW.COM: Supreme Court Says Right to Counsel Begins With First Appearance Before Judge
This has been the law for years. Look at Michigan v. Jackson. There's no change as far as Florida goes. Still good to see the opinion. By the way, Broward sucks.
Tough luck Hurley. Now you're going to be sitting in the jail until 8 every night. It's not too late to pull your name out of consideration.
Somebody call Kulik. I smell money.
What's that hissing sound? Is it the wind being sucked out of Arreaza's main BACDL inspired campaign issue?
Wait a second. It's nothing. There was no wind in his campaign anyway.
Wind? Ross ran out of that a long time ago. Time to anti up Mr. Areazza.
An opinion that makes sense.
Everywhere Alex walks around the courthouse, they treat him with renewed respect, it's like they are saluting the conquering hero, it is like he is releasing all the bad vibrations from the court system, there is a sense of impending success, they know he will be the next public defender and he is so humble and quitely intellingent.
What does this have to do with Finkelstein? Don't see his name mentioned anywhere in writing together? There was the 3 amigos sighting in wilton manors who would you want at dinner? Bob Wills, Norm Kent or finkelstein you would have to check your wallet and your prescription drugs? What is missing? Who has what? Which one is taking from who? Who is on 1st who is 2nd and who is on 3rd oh all the bases are missing? check their cars? Are these the people that represent what is best in broward? You just want to throw up.
I disagree. I feel sorry for Arreaza. He's kind of a parody now since he seems kind of irrational and obsessed with things that aren't there. Too bad.
poor alex a, he sacrificed his future based on unfulfillable promises for the future
Yeah, he runs on a slogan of private lawyers getting shafted by ERU. Hello, the general public hates dirtbag lawyers. Hello? Anybody in there?
Nope. You guys still don't get it. Arreaza was right and is still right. That decision ddoesn't change a thing. In fact, it can be argued that it endorses Arreaza's position on representation: in that the PD can represent people at first appearance, but ONLY for first appearace, until such time as a need for a PD is determined.
You guys, get it together, please. Arreaza isn't out to do anybody wrong, he's out to set the PD office on a more fiscally responsible track.
Hey, it boils down to this: if you try to represent everybody competently, you will run out of funding and therefore you're not going to be able to represent anybody competently.
Congratulations to Sean Conway. I was talking with my friend yesterdaya dn neither one of us could understand how the Florida Bar won that one. Sean, you were and still are right on this one.
Judge Aleman is one of the worst judges I have ever seen and she should be removed forthwith.
Putting it another way, I will never show her any respect again. You shouldn't either. EVER.
Let's see her do her job with that kind of attitude from the public.
HowardTheCoward is afraid of Alex.
Howard is cowering. Why is Howard afraid to debate Alex? Why did Howard need to bribe the Dolphin Democratic Club so he could speak? Why did Howard threatened the president of the tamarac club with not attending if Alex was allowed to speak? Why has Howard retained a lawyer to represent him on the pending criminal investigation if he is innocent of the allegations?
Why, why why.... Howard the Coward.
Your day is coming. And on August 26th, it will be here.
The Texas article has nothing to do with Finkelstein.
Typical. Finkelstein trying to garner yet another unearned and stolen credit for something he had nothing to do with.
Finkelstein, you are a farce. A fart in the winds of time.
Why would Howard hire a lawyer, there is no need. Howard has 30 yrs of accomplishment, alex has years of failure. Howard has championed the mentally ill, the homeless, the unrepresented, abusive judges, respected enough to have brought everyone through the OJ trial, has the Help me Howard show, etc. (Earned Respect)
What has little alex done in his few years, any bills unpaid, failed at running for office how many times, dropped out how many times, switched parties like his buddy jim when the political climate was right, a seeming inability to manage. I believe he cant stand on the same platform as Howard, let alone most of Howards supervisors who could eat him up and spit him out, he hasn't earned it, he is a nobody with seemingly little grey matter between his ears. There is no new found respect, unless thats in his own mind. People are laughing at him, people respect Howard.
You certain few should get off your lazy butts and get cases yourself and stop blaming everyone else. Then again, you certain few wonder why you cant make your support payments and blame others for that, have to cover cases for others instead of your own cases to survive, constantly complaining how bad it is, always blaming someone else.
Please post 1 thing that Alex has accomplished in his years as an attorney that should be singled out, think hard. I'm waiting....
Don't waist your breath on those that won't do it, or can't do it. Another political hack the likes of which has gone out with the tide.
Arreaza fits ito the can't category if anyone cares. Just made the mistake of following bad advice, you know, the kind that gets you barred from the courthouse or causes you to resign from position of Chief Judge?
There are lots of eager beavers that are going to be seeking office when the time arrives, but none with the baggage Areazza brings with his connection to Ross & Co., let alone his own inability to follow his own conscience when it comes to choosing a race he can win.
He started out on the wrong foot to fulfill a perceived political payback and now look who's holding the bag, none other than Arreaza himself.
They were never going to stand behind you anyway, just cause someone else who is doing a great job some convince. That may be, but the outcome isn't going to be what they had hoped for. You are expendable, cut loose from what they'll admit to now and what they will attempt to distance themselves from increasingly in the following months. Hope it was worth the praise they heaped on you for the moment.
But alas, that's the way things work here when dealing with these types of human beings.
Run for judge next time if you really want to watch as the stomach turns.
Rumor has it that the sirens are gonna sound soon. The Bunker is only provisioned for a certain number of judges who have their eyes on the door as we speak.
How could it have come to this? I know, that's a stupid question.
Broward's in for another set of tremors. Watch the needle of the ricter scale as it starts wagging wildly. You've got to love Broward. The most interesting things are possible.
And the multitude marched unceasingly accompanied by the trumpets of the Lord around the great outer walls of the city.
And when they had but surrounded the city for three days heralding the call of Hallelujah as they progressed, upon the final day the mighty walls crumbled unto dust in accordance with the Word.
Now is that distilled alcohol or ...
there will be no silence to hide behind soon enough and to think how it all began 2 1/2 yrs ago. out played in their own home court. and to all those who listened and trusted, thank you.
and dale ross wants to be chief judge again!
ex-CJ, do yourself a favor, you DONT have the votes and it didnt die with the complaint. My eyesight is excellent and my hearing is sharper.
So I hear that Finkelstein snaked Alex again. This time he threatened an associaton board that if they let Alex speak, he would leave and not confront Alex.
It worked... for now. If this is the best Finkelstein can do, he's in trouble.
You say Finksltein is so great blah blah blah... so why is it that he won't even confront Alex? Why is he so afraid to let Alex speak to the audience? Why does he fail to answer questions from the audience directly?
Howard... the Coward.
Alex can't show his face in public because the news is out on his not so honorable bid for Office of the PD. Ross and jerks have pulled off another winner, just not for the office that Arreaza is seeking. Sorry Alex but those days are over of strong armed politics and Dirty Tricks. Wait till Halloween if you want some candy.
We have heard about the upcoming criminal investigation on finkelstein, what lawyer did he hire? Is it Bogenshutz? We have also heard he has some big problems, criminal problems? And why would Areazza need anyone to put him up to anything, does finkelstein really think that he was above drawing an opponent, oops sorry two opponents, does finkelstein think he was above the law? don't think so.
Alex is a hero, a conquering hero each and every judge including the new crop of judges, everyone wants a new public defender, a clean sweep a quality group that will supervise and administer a group of lawyers dedicated to helping the indigent of broward county. Everybody loves Alex in the courthouse, he is attempting a feat that is a great challenge and will succeed, because justice is on his side and GOOD will prevail over evil.
In life when there is a void, when there is wrong taking place, somehow, someway a positive, helpful individual appears. Alex on his own accord, after receiving advice, complaints the courtsystem - this is an attorney that is always in the courthouse, he is a workhorse he is on every floor of that building and he is a receptive, warm individual whom everybody likes and talks to. And what is on everybody's lips, the public defender, the unhappy warrior (finkelstein). Somehow for some reason finkelstein went off the path of righteousness. He went on his own journey, Alex saw the opportunity and realized victory was at hand and now he is seizing the moment and the moment is his.
Assistant public defenders were complaining to many attorneys including Alex, they were complaining that the public defender's office was being mismanaged and that the underlying principle - to protect and defend the indigent - that motto was not be fulfilled that office resources were being diverted for the help me howard segments and the office was consumed with one theme, how does howard help howard, how does howard enhance howard's agenda, unfortunately the agenda was one of what person can we destroy. Alex being a bright articulate resourceful person new that it wasn't how much money he raised or how many signs you put in a yard, it was the voters won't be fooled and they will vote for a public defender that seeks justice. This is in spite of the sun sentinel refusing to perform their civic duty, abdictating their role as a watchdog, it is almost 3rd world that they refuse to report on the performance an improprieties of the pubic defender's office, their hands will be forced and maybe finally they will print the real story.
Why are you such a liar?
Will you continue to post after Arreaza is squashed in August?
How's the big investigation coming? We're bored, how about another lame article in the paper, or can't you impotents even manage that?
They say howard is afraid to answer any questions concerning his office and most know why, we hear this will be coming out soon? Please tell us who the lawyer is that finkelstein retained to represent him on the pending ciminal investigation? I think howard's day is coming before August 26th, very soon.