JANE FISHMAN QUIBBLES WITH TRIBBLE
Does Tribble apply to misdemeanors as well as felonies? Some County Judges want to know whether they can still offer withholds and court costs without a probation component.
Judge Jane Fishman writes:
"(T)his Court certifies the following question to the Fourth district Court of Appeal as a question of great public importance:
WHETHER THE FLORIDA STATUTES AND RULE 3.760 REQUIRE A COUNTY COURT JUDGE TO PLACE A DEFENDANT ON PROBATION FOR A TRAFFIC CRIMINAL SECOND DEGREE MISDEMEANOR WHERE THE DEFENDANT RECEIVES A WITHHELD ADJUDICATION, HAS FULLY COMPLIED WITH ALL STATUTORY TRAFFIC REQUIREMENTS THEREBY EVIDENCING FULL REHABILITATION AND THE PROTECTION OF THE INTERESTS OF SOCIETY, WHEN THE ONLY STATED PURPOSE OF PROBATION IS TO COMPEL THE PAYMENT OF COSTS WHICH ARE ALREADY STATUTORILY COMPELLED WITHOUT THE IMPOSITION OF PROBATION, THEREBY SUBJECTING DEFENDANT TO ADDITIONAL COSTS, LIMITATIONS, AND ANCILLARY CONSEQUENCES WITH NO GOAL OTHER THAN REVENUE ENHANCEMENT?"
FISHMAN'S ORDERS DENYING STATE'S REQUEST FOR PROBATION:
Failure to Register vehicle
DWLS with Knowledge
4TH DCA:
Tribble
"The trouble with Tribble's case..."
-Judge May, Trekkie
Judge Jane Fishman writes:
"(T)his Court certifies the following question to the Fourth district Court of Appeal as a question of great public importance:
WHETHER THE FLORIDA STATUTES AND RULE 3.760 REQUIRE A COUNTY COURT JUDGE TO PLACE A DEFENDANT ON PROBATION FOR A TRAFFIC CRIMINAL SECOND DEGREE MISDEMEANOR WHERE THE DEFENDANT RECEIVES A WITHHELD ADJUDICATION, HAS FULLY COMPLIED WITH ALL STATUTORY TRAFFIC REQUIREMENTS THEREBY EVIDENCING FULL REHABILITATION AND THE PROTECTION OF THE INTERESTS OF SOCIETY, WHEN THE ONLY STATED PURPOSE OF PROBATION IS TO COMPEL THE PAYMENT OF COSTS WHICH ARE ALREADY STATUTORILY COMPELLED WITHOUT THE IMPOSITION OF PROBATION, THEREBY SUBJECTING DEFENDANT TO ADDITIONAL COSTS, LIMITATIONS, AND ANCILLARY CONSEQUENCES WITH NO GOAL OTHER THAN REVENUE ENHANCEMENT?"
FISHMAN'S ORDERS DENYING STATE'S REQUEST FOR PROBATION:
Failure to Register vehicle
DWLS with Knowledge
4TH DCA:
Tribble
"The trouble with Tribble's case..."
-Judge May, Trekkie
Encouraging News
Judge Jane Fishman should be applauded and appreciated for taking a decisive stance on this consequential ruling by the 4th dca which has inadvertently wreaked administrative havoc on the judicial system, probation, and defense lawyers.
Let's hope that the appellate court acts as quickly in resolving the mess.
She should be commended. I particularly like the strong language about revenue enhancement.
Well done Judge. It is nice to see a Judge that just doesn't follow the heard but takes steps change their direction. Every county court judge that I have spoken with sees that this as an absurd ruling that only benefits revenue, place more burden on probation and unjustly punishes the defendant. Further, the state attorneys who are now objecting to the sentences that don't have probation are the same attorneys in two years when they finish their ridiculous commitment will be the ones crying that what the state is doing isn't fair. Have a mind of your own and quit becoming that Pavlov dog. Its a TC or MM for GOD'S sake.
9 4 is strong in position. Judge Fishman is right.
Only a TC or MM?
This is the breeding ground. Dr. Cohen takes the raw material, carefully picked and screened by poly and other insidious methods sharpened and honed over the last 30 years to insure CULTIFICATION.
Twist those young minds, minds devoid of any real life experience or creativity, make them compassionless drones, to wage war on DIRTBAGS and other unfortunates.
To blindly immature into felony zealots who will slavishly and remorselessly trigger the guidelines on RESIDUE cases and other trivialities.
It's us against the SCUM (but who is the real scum?)
At last a Broward Judge that thinks for a living. Do we have any more judges like this one in Broward?
WOW
THERE IS HOPE
This is a serious crime that we cannot control in Broward, it is out of control: Failure to register vehicle. Let's put a stop to it, Lee. It is threatening to give much work to the new county court judge.
Don't county court appeals go to circuit court? I think if the 4th DCA decides this she is going to get spanked. I also think Fishman is just grandstanding. And, I also think Jay Hurley is not qualified to be a county court judges. Lastly, I think Lee Cohen is an as-hole. I could be wrong, but I doubt it.
"Every county court judge that I have spoken with sees that this as an absurd ruling that only benefits revenue, place more burden on probation and unjustly punishes the defendant."
That's nice. So what? Same as you or me, if they think it's a bad policy, they can run for the policymaking branch of government--the legislature--and seek to change it. Until then, their job is to apply the law whether they like it or not. If they don't want to do that, no one's forcing them to stay on the bench.
The authorities the 4th relied on in Tribble couldn't be more black-letter, and none of them distinguishes between misdemeanors and felonies (let alone between "MMs" and TCs", labeling conveniences used by the Clerk that have no legal significance). The remedy is not to tell judges to simply ignore the law: they are not little kings and queens, as much as they often seem to think they are. Whether Lee is good, bad or indifferent is irrelevant, since he's dead right on this.
As for Judge Jane "the Court amends the charge" Fishman, 5:30, I'd guess she thinks her way into being reversed more than any of the other satellite judges. But certifying the question will at least put it to rest when the 4th smacks her, as they will.
judicial as-kisser
Anythong is better than super moustache Lee