DBR ROUNDUP: SPECHLER LAWSUIT NOW FEDERAL
Posted by JAABLOG at 8/22/2008 2:36 PM 
Categories: Backman, Gehl, Andrews, Forman, ARTICLES, Seidman, Federal, Spechler, Tobin
Categories: Backman, Gehl, Andrews, Forman, ARTICLES, Seidman, Federal, Spechler, Tobin
DAILY BUSINESS REVIEW
Ex-judge’s termination suit moved to federal court
"A federal court has been asked to do something three Broward Circuit judges wouldn’t or couldn’t do — preside over a lawsuit filed by disgruntled former judge Jay Spechler against the chief judge who banished him from the main courthouse...
“No reasonable judge who ardently desires to serve his entire term would abruptly throw away his career when handed an intolerable assignment,” (Tobin's attorney) Glantz wrote.
In essence, Spechler wants (Federal Chief Judge) Moreno to interfere with authorized administrative decisions, Glantz replied Monday in a court filing.
Before removal, the case bounced around to several of Tobin’s current and Spechler’s former colleagues.
A random assignment initially landed Spechler v. Tobin in the lap of Judge Thomas Lynch, Spechler’s former law partner and surfing buddy. Lynch lost the election for chief judge post to Tobin last summer.
Lynch immediately recused himself.
From there, the case was transferred to Judge Peter Weinstein, who was chosen last summer by his fellow jurists to monitor the ballot count in the election won by Tobin. Weinstein also recused himself.
The case was reassigned to Judge John Bowman, but the state already had removed it to federal court.
Spechler got an early start on discovery before removal, sending several subpoenas to Judicial Qualifications Commission members, Broward Circuit Judges Paul Backman and Peggy Gehl, County Court Judge Lee Jay Seidman and court administrator Carol Ortman.
Spechler requested any and all e-mails or correspondence sent by or exchanged between Gehl, Backman, Tobin, Seidman and 4th District Court of Appeal Judge Dorian Damoorgian, formerly the head of the Broward civil division, or between Ortman and any other courthouse employee that mentioned him. The state asked Moreno to stay the subpoenas.
Spechler’s reassignment letter was dated March 27, and he quit March 30 to join the mediation firm Center for Conflict Resolution in North Miami the next day. At the time, his friends said Spechler had an offer on the table, and his reassignment just accelerated his plans to leave."
Broward judge Lance Andrews forced to retire after suffering stroke in June
"Broward Public Defender Howard Finkelstein said Andrews was one of the first judges he practiced before when he was assigned to his courtroom as a young attorney. He said his retirement is a great loss for the Broward judiciary.
“Judge Andrews is that rare combination of brilliant legal mind while still having his feet firmly on the ground as one of the everyday people,” Finkelstein said. “He understands what was truly important and didn’t get pulled into the cacophony of public opinion, but rather did the right thing for the right reason, and damn the consequences.”"
Majority of 250 new state cuts to come from trial positions
"Broward court spokesman Chris Stotz said Monday that the court plans to lay off 15.25 positions, but he could not say how many employees that translates to."
Broward Clerk of Courts looks to make deal with cities over delinquencies
"Broward Clerk of Courts Howard Forman temporarily waived $333,000 in filing fees from cities and the county prosecuting municipal ordinance violations during a court challenge even though courts have been struggling financially."
Ex-judge’s termination suit moved to federal court
"A federal court has been asked to do something three Broward Circuit judges wouldn’t or couldn’t do — preside over a lawsuit filed by disgruntled former judge Jay Spechler against the chief judge who banished him from the main courthouse...
“No reasonable judge who ardently desires to serve his entire term would abruptly throw away his career when handed an intolerable assignment,” (Tobin's attorney) Glantz wrote.
In essence, Spechler wants (Federal Chief Judge) Moreno to interfere with authorized administrative decisions, Glantz replied Monday in a court filing.
Before removal, the case bounced around to several of Tobin’s current and Spechler’s former colleagues.
A random assignment initially landed Spechler v. Tobin in the lap of Judge Thomas Lynch, Spechler’s former law partner and surfing buddy. Lynch lost the election for chief judge post to Tobin last summer.
Lynch immediately recused himself.
From there, the case was transferred to Judge Peter Weinstein, who was chosen last summer by his fellow jurists to monitor the ballot count in the election won by Tobin. Weinstein also recused himself.
The case was reassigned to Judge John Bowman, but the state already had removed it to federal court.
Spechler got an early start on discovery before removal, sending several subpoenas to Judicial Qualifications Commission members, Broward Circuit Judges Paul Backman and Peggy Gehl, County Court Judge Lee Jay Seidman and court administrator Carol Ortman.
Spechler requested any and all e-mails or correspondence sent by or exchanged between Gehl, Backman, Tobin, Seidman and 4th District Court of Appeal Judge Dorian Damoorgian, formerly the head of the Broward civil division, or between Ortman and any other courthouse employee that mentioned him. The state asked Moreno to stay the subpoenas.
Spechler’s reassignment letter was dated March 27, and he quit March 30 to join the mediation firm Center for Conflict Resolution in North Miami the next day. At the time, his friends said Spechler had an offer on the table, and his reassignment just accelerated his plans to leave."
Broward judge Lance Andrews forced to retire after suffering stroke in June
"Broward Public Defender Howard Finkelstein said Andrews was one of the first judges he practiced before when he was assigned to his courtroom as a young attorney. He said his retirement is a great loss for the Broward judiciary.
“Judge Andrews is that rare combination of brilliant legal mind while still having his feet firmly on the ground as one of the everyday people,” Finkelstein said. “He understands what was truly important and didn’t get pulled into the cacophony of public opinion, but rather did the right thing for the right reason, and damn the consequences.”"
Majority of 250 new state cuts to come from trial positions
"Broward court spokesman Chris Stotz said Monday that the court plans to lay off 15.25 positions, but he could not say how many employees that translates to."
Broward Clerk of Courts looks to make deal with cities over delinquencies
"Broward Clerk of Courts Howard Forman temporarily waived $333,000 in filing fees from cities and the county prosecuting municipal ordinance violations during a court challenge even though courts have been struggling financially."
Why can't we find a broward public defender that has his feet planted firmly on the ground.
Not to rain on the Alex guy's parade, but need to comment on something from the original article about Judge Andrews.
He along with Judge Fleet have been two of the best and most independent judges we have had the privilege to practice in front of in Broward County.
I have had many contested cases in front of Judge Andrews and while he had an informal demeanor, you knew he took your arguments into consideration (even if he was going to totally disregard them).
He wasn't afraid to dismiss a case with prejudice the first time around if it was warranted and he was never afraid to enter summary judgment. And if you took him up on appeal, he was rarely reversed for erring on those types of issues.
He took the time to talk with pro se litigants and didn't rush them. He was especially good at dealing with pro se litigants in foreclosure matters and treated them with dignity and respect during what is a horrible experience for them.
As a circuit, we are losing a good jurist and a good person. Hopefully whoever is selected to replace him can bring at least some of the good nature, legal knowledge, and humor that Judge Andrews brought to the bench.
And one can hope (and pray) the replacement won't be another Georgia Bulldog. (couldn't help myself with that).
This Spechler is a regular wholesale serial collector of resentments!
If he hadn't been so arrogant as to think he was above any reassignment, as any judge is subject, maybe he wouldn't have resigned so quickly.
His actions demonstrate a much deeper problem.
At any rate, the newspaper quotes from his best friends Judge Lynch and Attorney Michael Ahearn spelled out clearly his former intent to leave and start with a mediation firm anyway.
It strains credulity to consider what this man may have had on his mind at the time if he indeed desired to remain on the bench.
Ahh...its good to see the ADJ, oh wait....I mean DBJ (Dashboard Jesus) making his footprints in the sand on this thread.
August 21st came and went DBJ. I thought we could call you whatever we want if your lame prediction didn't come true.
You are worse than a broken clock with your stupid predictions of doom and gloom and tomorrow tomorrow.
At least a broken clock is right twice a day.
And a peep is heard from the Judicial Apologist when he's not handing out plaques to judges who have since disappeared.
Hope that flight back from Tampa doesn't meet with any turbulence.
I remember having drinks with Judge Lance Andrews for many years over at the boat (Old Livingston's Landing) on New River Canal along with Ralph Ray and The Old Codger Judge Daniel Futch and the great fun we had.
Lance Andrews will forever remain an iconic figure for his wit and humor and the great fun he bought to everyone who knows him.
What ever happened to Dan Futch? He was always laughing and talking about his fetish for size.
Last I was told he had moved out to Colorado years ago.
Best of health, Lance.
If I had to hazard a guess, I'd say Spechler has about as much chance with his lawsuit as he does in getting his job back.
"Any other courthouse employee that mentioned him"? Just a little FULL OF HIMSELF, isn't he?
I heard the JQC met yesterday and today. Did they discuss Spechler? What is the deal?
Just a hunch, but sprinkles was going to be issued a RTSC when Vicky gave him an out. Now looking back, sprinkles is thinking maybe the RTSC wasn't so bad after all. Meanwhile the JQC will take all the time in the world. Just like they are doing with Ana. By the by, does Backman recuse himself from the Ana matter. Weren't Paulie B and Ana an item long ago?
how ironic ........... two robed thieves in the news on the same day ....... jay spechler is the nut job who encouraged michael hamaway to spoliate evidence and witness tamper ...... now he demands full disclosure........ lance andrews has been retired for many years ...... ripping off full salary plus gratuities....... this loathsome parasite was on the pad at MOMBACH BOYLE HARDIN ERHARD MILCH .
John B. Thompson, Attorney at Law
5721 Riviera Drive
Coral Gables, Florida 33146
305-666-4366
amendmentone@comcast.net
August 22, 2008
The Honorable Federico A. Moreno
Chief Judge
U.S. District Court, Southern District of Florida
Ferguson Courthouse
400 North Miami Avenue
Miami, Florida
Re: The Judges’ Club
Dear Judge Moreno:
I have read today in the Daily Business Review that you have taken jurisdiction over this spitting match among a bunch of Broward County state judges on the basis that one of them mentions the 14th Amendment.
You have got to be kidding.
Judge Huck, Judge Jordan, Judge Lenard, and Judge Ungaro all magically conclude that this same US District Court must invoke federal “abstention” from mucking around in a state court matter, even though the federal Declaratory Judgment Act and under 42 USC 1983, because the plaintiff is the undersigned. But when the plaintiff is state judge Tobin who wants help from his friends on the federal “abstention” somehow does not apply?
Regards, Jack Thompson
No one cares about your little personal letters, Mr. Thompson. You're not news.
Jack,
Once again you see apples and talk about oranges. YOUR matter had not yet concluded at the state matter. In YOUR matter, the state judges were not requesting help.
I know you're incapable of understanding this, but I thought I'd state the obvious for those following at home.
Doesn't even concern you, Jack. Everything that happens in the news doesn't revolve around Jack.
I agree with you about Andrews but Futch? Futch was the wrong guy in the wrong job. He was a racist and didn.t hise it. I hope he is dead.
This is getting so boring. The Ross/Spechler/Lynch crew is so pathetic and impotent. Such old news. Boring. All the loose and rotten courthouse fruit has been trimmed. When will a judge step up to the plate and give us some good old fashioned Broward dysfunction?
"Broward court spokesman Chris Stotz said Monday that the court plans to lay off 15.25 positions, but he could not say how many employees that translates to."
I heard 20-22 people will be notified by 9/1 that they are out as of 10/1. It stinks, especially when they keep replacing retiring judges when they already have at least 50 who barely work 1/2 days.
What are you talking about? There's plenty of dysfunction to go around. When I read some of this stuff about Mardi Cohen I wonder what she could have done to accumulate so many detractors.
Just don't drive by the courthouse at 3:00 because you'll run into every judge on his or her way out!
He beat the street only if pride or fear got the best of him. It doesn't take a specialist in human behavior to figure it out.
All Cohen did was buck the mafia/cheap thug mentality of not running against a judge. They feel threatened because the mediocre and pedestrian brains which occupy many of our judges bodies no longer have a free ride.
Does Crist have any more frat brother lawyer pals in Broward?
I'd back Mardi anytime, anywhere. She is exactly what the Broward Judiciary needs.
I DIDN'T REALIZE JUST HOW WHACKED SPECHLER IS TO FILE THIS SUIT AFTER WHAT I JUST READ IN THE DAILY BUSINESS REVIEW
Saw the A-terd walking around the ct.house for the 1st time in a LONG time yesterday.
And, you know how he used to beckon people to "say that to my face" - and the catch, of course, is that the A-terd is NEVER around the ct.house (not much of a practice).
So, I wanted to say to A-terd's face something about "hey - way to tank your friend's lawsuit, dumbo!" referring, of course, to how stupid it was to tell a newspaper that, back when Spechler got exiled from the ct.house, oh he 'was already planning to go into a mediation firm' ... BUT
But, I couldn't help but feel sorry for the loser. He was walking around all pathetic and sickly looking. It would've been like kicking a BriSi RatBoy.
A-terd's decaying appearance has truly made him the posterchild of the whole mess Spechler reaped upon himself (oh, and by the way, the way Spechler & BriSi gave someone all that free publicity with a bar complaint aimed at trying to silence this blog, while simultaneously getting himself BANNED from the ct.house is just priceless.)
A-Turd's pathetic.
I think Ahearn is a nice guy. He is a little on the skinny side but he can bring it.
HoLLLDDDD on...Does that woman have a scoreboard in her chamber!!!!! I think we're up to 6 guys in the courthouse, she may want to move outside the nest.
No cases, no friends, no integrity accept that which he tries to create from aligning himself with those that he thinks can do something for him. Just a note: Those days are over tubby. You're on your own and it's a jungle out there.
Lynch, Spechler's former law partner and surfing buddy as reported in the Daily Business Review now runs from from the guy like he has a communicable decease? Sounds just like the kind of guy you want to hang out with.
These judicial punks make their own beds and then don't want to lie in them.
They've got allot to make up for, say twenty plus years of running the place into the ground before then taking off and then wanting to come back because they realize they have to work now. Reminds me of Ross when he resigned as CJ and then wanted to come back, remember?
He hasn't left his bunker since Sprinks left except to hold covert hearings in the stairwell on the 8th floor.
Still think he's planning a comeback? Will somebody finally show this dork the door for I fear he's to stupid to find it himself. He's bled the trough dry already.
Can anybody really be that greasy? Now that he in his ever present desire to appear in any newspaper has doomed his old/new best friend Sprinkles to Siberia through his skillful wording concerning Sprinkle's intention to leave his post and work as a mediator before the hammer fell, he's been thankfully missing at all the slip and slide political functions of late. I know the guy takes his orders from Judy, but can he at last be tiring of the game he's played on numerous honorable people, or is it just the people that thought about running against sitting judges that receive unmarked envelops after midnight? Can that be true?
I have to admit....and give a hand to Jack Thompson. He always posts his letters to the higher judiciary on this and other open forums for all to read. How many other attorneys would do the same.
Spechler's chickens are coming home to roost.
From the Dailey Business Review
"Attorneys responding to the Broward County Bar Association poll gave her (Mardi Ann Levey/Cohen) little support, handing her some of the worst marks in this year’s survey.