PRETRIAL RELEASE ORDINANCE PASSES
Posted by JAABLOG at 1/27/2009 4:20 PM 
Categories: Finkelstein, Book, GunzbergerSusan, Ritter, BSO, ARTICLES
Categories: Finkelstein, Book, GunzbergerSusan, Ritter, BSO, ARTICLES
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Ron Book and Commissioner Stacy Ritter rub noses before today's meetingA watered down version of the controversial Pretrial Ordinance pushed by lobbyist Ron Book and the Bond Industry has passed the County Commission, with amendments.
BSO Pretrial Release will have new guidelines, but Judges should still have discretion to do as they please.
UPDATE
"The contortions of the Broward County Commission to carve out an income stream to the Bondsmen are simply evidence that this is pay to play and payback to Ron Book for his work on behalf of the County Commission. It shows a complete disregard for the rule of law and the Constitution.
I don't blame the Bondsmen or Ron Book for looking out for their self-interest but I do blame the Commission for putting parts of the justice system up for auction. The next thing they'll do is put up panels of advertising in the courtrooms like they do in ballparks."
-Howard Finkelstein, Public Defender
What will the effects of the Ordinance be? While no one can say for sure, it's likely not much will change.
While there was much discussion leading to amendments 1) precluding offenders from Pretrial Release who have been convicted of certain crimes within five years, 2) stopping certain offenders from receiving Pretrial services more than once a calendar year, and 3) requiring Pretrial to document in writing a judge's variance from the Ordinance, the fact remains judges still have unfettered discretion when to impose Pretrial Release. Judges currently inclined to utilize it will continue to do so any old time they please, while those who prefer monetary bond will stick to their ways. Since the majority of Pretrial Release is ordered through division judges, it's likely the numbers will remain the same.
Will judges fear the Bondsmen and refuse to deviate from the Ordinance? Unlikely, although only a judge knows what, if any, pressure the Bondsmen can bring on their respective careers. One thing's for sure though: judges don't like having their constitutional authority limited by local politicians. BSO may have to play ball with the overseers of their budget, but not constitutional officers.
Speaking of budgets, therein lies the real threat to Pretrial. The next fiscal budget season starts this summer, when the County Commission will again be asking BSO to trim, trim, trim. Pretrial may inevitably be cut along with other programs, ending their ability to interview every new inmate booked into the jails. The most valuable component for judges to base their decisions, information, will be gone, ultimately leading to less inmates released, and more taxpayer money down the drain.
Finkelstein's anger seems well placed. The Commission has jumped through hoops to provide the Bondsmen a seemingly hollow victory, while the real winner, Ron Book, can place another feather in his cap to show prospective clients looking for favors from the County Commission.
HERALD
Broward commissioners alter pretrial-release program
"The ordinance says judges retain the authority to order any offender into the program.
But to make that less likely, the commissioners tacked on a last-minute amendment aimed at putting judges on the spot politically if they deviate from the ordinance."
That may govern what pretrial is authorized as a matter of law to accept. The court's procedure cannot be governed by statute and surely a county commission cannot govern state judges. Also see Fla Cost. Article II, section 3. Legislature can not set court procedure. Abundant cases
Fla. Stat. Section 903.0471 permits the court to revoke band and/or pre-trial release sue sponte based upon a probable cause affidavit. It is simple, you are out on bond or pre-trial, you get a new arrest, you are back in jail.
Howard attacked the county commission for some "pay for play" argument. We have people getting out on pre-trial (40% of pre-trial offenders have private lawyers) even when they own homes and drive Mercedes Bends.
Also, we all know the so called "early representation unit" is handing out cards from private lawyers and getting kick backs from a select group of private attorneys friendly to the defense bar. We know who you are and we are gathering affidavits from the witnesses to submit bar complaints.
You are all hypocrits.
The judges get their info from the SAO NCIC ,and the domestic violence judges always did, and always will, get info from BSO (lady in the chair) during magistrate hearings. That was the procedure before the stupid 2.3 million investment in pre-trial (Republican Sheriff) and will be the procedure thereafter.
Commissioner Jacobs and Wexler backed Howard on the issue and Comm. Eggelson backed the bondsman after they amended the 5 year requirement to include an actual "arrest".All commissioners indicated they were offended by Howard's "pay to play remark". Commissioner Keechel was the original guy (ie..Queen Keechel) who supported the pre-trial program. Good job Wayne Spath for calling Lamberti and getting Cancer Al to call Fat-Boy Col. Worley to finally say BSO supports pre-trial.
Pre-trial is no picnic. They charge your client a fee, readily violate your client, and will catch your client on a pea test even if he/she wants to smoke a joint before court to take the edge off. (Hey Howard, how about the unconstitutional practice of charging a fee before a guy is convicted) Heck, Jay Spechler used to sell the best weed to all of the judges - albeit for a little less weed than originally represented.
Howard, you are doing a great job , we love you, but you are wrong on pre-trial. Why do you hate the bondsman? Don't you remember getting referrals from the bondsman and Wayne Spath saving your but after your arrest. How quickly you forget.
Hang in there everyone, and let us all try and survive in this tough economy. Love and Kisses - Happy Valentines Day.
No, the county commission can't bind state judges, but that's not what they're doing: BSO is a county agency and the county commission can determine how to spend county funds. Surely you'd agree that if there WAS no pretrial, the judges couldn't order BSO to create it out of whole cloth?
No, but there is Pretrial and Judges can order people released to it. Commission has no say.
As long as lobbyists are allowed to unduly influence policy makers, the public remains disenfranchised from the policy making process in favor of special interest and policy makers' decisions remain subject to question and the taint of corruption on a level that is inconsistent with good government.
We have repeatedly seen this scenario play out involving several members of the Broward County Commission and elsewhere locally.
This again is another example of the same methods at play.
It has been widely reported, yet nothing is done to curb this kind of behavior in the name of self interest; Which brings another question to mind involving the double standard of justice that is repeatedly applied in the lack luster prosecution of these types of offenses in what is viewed by many as local ineptitude to duty
and conflict of interest at best, particularly where profit applies, when the facts are so often blatantly evident.
Sounds to me like another pay to play episode!
I heard our illustrious Mayor attempting to defend her husband's actions yesterday on the radio. It sounded as hollow as this joke with pre trial release. Are they all on the take?
They really went too far this time. People may disagree on something. But to lie, distort, strong arm, buy votes is morally reprehensible and ethically corrupt. The halls of the Broward County Courthouse are ringing with remarks that say you went too far this time. The backlash is coming. Just wait. Book, Stacey, and Ilene, have you gotten your calls from Alex Acosta yet? I've heard they are coming. It is about time to move the US Attorney special corruption unit to Broward. They put 3 county and 2 city commissioners in federal prison in Palm Beach. This county is ripe for the picking and the baskets are being prepared. What goes around comes around.
Seiler continues to lose support in Wilton Manors and the Northern part of the county which used to be his strongholds. Not any more.