BACDL IS FIRED UP
The BACDL general membership meeting was held this afternoon. Russell Williams, Teresa Williams, John Howes, and Howard Finkelstein all spoke.
The general theme: "We're mad as hell and we're not going to take it anymore."
Lots of plans in the works. A full report will follow later...
UPDATE:
2009 BACDL Membership Application
UPCOMING BACDL EVENTS
FEBRUARY 19: MEET THE NEW JUDGES LUNCHEON
MARCH 19: HARRY GULKIN AWARD DINNER
APRIL 30: BACDL SPONSORED HAPPY HOUR
JUNE 29: GENERAL MEMBERSHIP MEETING
President Russell Williams gave some introductory remarks to open up. He mentioned that it's time to level the playing field in Broward's justice system.
Teresa Williams spoke longer. She outlined the BACDL committees currently being organized. Here's what she said:
Judicial Liaison Committee ("JLC") is no longer about "lip service." The JLC will call judges out when there is a problem, so anyone interested in being on the panel should not be afraid of becoming "unpopular." Examples of issues to be tackled include the problem of restricted access to public courtrooms on busy calendar calls, judges who never grant motions to suppress ("how is that possible?"), long waits for bond hearings, and orders being lost by the Clerk's Office. BACDL is looking for lawyers with personal relationships or connections to judges for the three person JLC panel, which will invite representatives of the SAO to attend meetings set up with judges. Interested lawyers must anticipate a large time commitment.
BSO Committee will meet with representatives from BSO Legal. Issues to be tackled include trying to remedy the different rules in place at each of the jails, the never ending dressing clients for trial problems, and the ten hour delay after an inmate is ordered released or posts bond while in other counties it takes two hours. (Note to BACDL: Don't forget JAABLOG's pet peeve, the midday shift change that locks lawyers out for two hours, which we're told is never going to change due to Union rules)
Clerk's Office Committee to figure out why Premium Access Searches cost $50.00 per month and what is done with the fees, to give input into the process for E-Filing, and the previous mentioned filing of orders issue.
Chapter Development Committee, the public face of BACDL. Plan functions, arrange meetings and parties.
PAC Formation Committee - the long discussed idea for BACDL to form a Political Action Committee that could be active in campaigns or in legislative arenas. Early stages will focus on the rules and laws for PACs, and the feasibility of making it happen. The PAC can help keep the changes going that were set in motion by the 2008 election season ("perhaps some judges didn't need challengers but others did and we need to keep that ball rolling" and "talk to Kevin Kulik if you are interested, we are here to help").
CLE Committee - putting programs together for lawyers to earn CLE.
Website Development Committee - design and content planning/implementation.
SAO Liaison Committee - "For those who have a high tolerance for frustration." Issues include getting names of co-defendants disclosed in discovery, getting copies of the Information included in discovery, and a rational model for the setting of arraignment dates, instead of whenever the SAO files charges.
Public Defender Howard Finkelstein spoke next. It was fun watching him sum up all the problems from the last thirty years that have led Broward down the path of ruin ("SPD fees, SPD fees, SPD fees") with lots of complicit former BACDL leaders in the audience.
Finkelstein said we need to set the tone in the courts. The recent changes are great but we need to keep pushing. After the Bush years, the Constitution is in rough shape. Florida in particular, where the average APD caseload statewide is 200 cases, is in particularly rough shape, where Tallahassee is trying to get justice on the cheap.
He said the culture in Broward is "upside down," when one of the most liberal counties in the country sends more people to prison (mostly African-American) per capita than anywhere else in Florida. He spoke of commitments of the mentally ill in Broward to forensic facilities happening at twice the rate of Miami, and three times the rate of Palm Beach.
Finkelstein spoke of the sick culture here being generated by the "Meet, Greet, and Plea" at arraignment problem which was tied in to SPD appointments. He said 83% of cases were pled at arraignment, creating an "unholy relationship" between the private bar, the judges, and the PD (who were happy to dump the cases and didn't want to point the finger and risk having the office looked into).
"If you were being paid by the judge you knew if you were too big of a pain you wouldn't get more appointments." He said campaign money flowed in relation to SPD appointments, and lawyers used to look the other way when judges misbehaved because of the SPD money too. "We didn't speak publicly about the misdeeds to keep the SPD faucet on. We all bought into it, and as a result the SAO took complete control of the culture in Broward. We all bought into it."
Finkelstein said he was against the Conflict Office but that Broward lost the SPD system for the whole state. "We were pigs." The legislature was so offended over the money going out, caps being ignored, that Broward blew it for everyone. "When right wing Republicans come here and see lawyers trolling courts for appointments and are actually offended, we are lost."
He closed by saying no one can do it alone. BACDL needs to work with the PD so things can be accomplished together. Fees are important, he said, but only part of it. "We will continue to lose if we keep buying into the culture that judges are 'one of us'. We don't have to be angry all the time or go to war but we must demand ethics. The courtrooms belong to the people, it's an honor and privilege to serve. Courtrooms are not extensions of a judge's personality and off color or ethnic jokes are not ok from the bench."
Finkelstein also mentioned the Weissman/Vogel eavesdropping case. He said he doesn't know how deep the problem lies. He added "if this doesn't shake you up, you are in the wrong business," stating "bar complaints should be filed." "This is not about you and me or making friends in the courthouse. It's about fairness, the Constitution, not 'oh he or she is really an ok guy.'"
He concluded by saying we need gladiators and warriors as "our boss is the Constitution, and it is magnificent." His last words: "Is BACDL willing to make it real?"
John Howes spoke next on the eavesdropping issue. His first words: "You are not paranoid. They are listening."
With all respect to Judge Lebow he believes Weissman's actions were not inadvertent. Thirty-one minutes of lawyer/client calls were listened to in Martinez and Weissman heard strategy and tactics, despite his testimony to the contrary. He said Satz had told him at the Stanton Kaplan roast that he does not think any other attorney calls have been recorded or listened to. Russell Williams joined him saying he spoke to Satz about it too and Satz told him he doesn't think the calls are confidential because they are recorded, analogizing them to when a guard is in the room when a lawyer speaks to a client in jail. Williams said Satz said he does not like the practice or condone it, but that he reiterated his belief that the attorney-client privilege does not cover the recorded calls.
Howes pointed out the likelihood that all calls are listened to since only eleven lawyers ever sent their numbers to BSO for exclusion. Ken Hassett then spoke up, saying he was one of the eleven but that his calls were still recorded, evidenced by the list of calls released by Howes to BACDL and JAABLOG. Dohn Williams, the lawyer's lawyer, then spoke of a possible ethics dilemma when requesting calls of co-defendants. "Do we request the calls when we know lawyers are on the tapes too?"
Howes concluded by pointing out that the State never gave notice to any of the lawyers whose clients' jail calls had been spied on. He was concerned about BSO too, adding he thinks BSO detectives have been doing it for years, without telling the lawyers. Howes wants to see if he can get internal lists of recorded calls from BSO.
Phew
Again, why is the elected PD a part of this? BACDL is a private association for the private bar, and him advocating in it or on behalf of it is an inappropriate use of his public office.
To anonymous, BACDL stands for Broward Association of Criminal Defense Lawyers. It is not an association for the private bar. Public defenders are a significant percentage of our membership. While you are entitled to your opinion, your language is strong and is not supported by any authority that I am aware of. I fail to see how the speech of an elected public defender is any different than the speech of an elected judge, or an elected legislator, whom often address the membership of professional associations in Broward County. Howard Finklestein gave a great speech. He advocated for nothing more than for us as lawyers to stand up for our clients so there can be meaning to the word justice in this county. Thats what this blog is supposed to be about.
GOOD FOR YOU HOWARD, MAKE SURE YOU GUYS GO FOR ACTION AND NOT JUST TALK. PRESIDENT OBAMA SAYS CHANGE, AND REAL CHANGE NOT JUST TALK IS THE ORDER OF THE DAY. LETS GET GOING ON OUR BIT IN BROWARD COUNTY COURT SYSTEM AND EXPOSE AND ACT UPON BSO LONG STANDING (do there own thing, cops)JENNE IS NO LONGER THERE WITH HIS CORRUPTION, LETS HOLD THIS NEW GUY TO A HIGHER STANDARD TOO. NO TORTURE IN WAR PRISONERS-----NO TORTURE OF ANY PRISONERS IN USA AND ESPECIALLY BROWARD COUNTY. JUDGES ARE NOT GODS/ THEY NEED TO BE ETHICAL OR GET OFF THE BENCH. FOLLOW UP ON YOUR IDEAS NOW HOWARD.
And why may I ask is the first order of this new improved bacdl to meet the new judges? Same old talk without any spine to it. It means nothing. Just a bunch of kiss butts rubber stamping every move of the judiciary and chasing the blackrobes to get a little self recognition.
Mr. Finkelstein has his finger on the pulse of how Broward ruined it for the rest of the state with the SPD appointments that went completely over the top as far as costs.
Unfortunitely as I sat there looking around I saw allot of the people sitting in the audiance that played that same game running the numbers sky high and have served as past presidents of BACDL and took everything they could get their hands on that were handed out by crooked judges to their friends, sons, daughters, campaign contributors and the like.
Now to act like BACDL is going to save Broward County and actually do a job they've fallen down on for 20 years is to say at the least very hypocritical. They've never done anything that didn't serve their pockets.
Seeking lawyers that have personnel relationships with judges is not the way to go about this JLC Committee. This is part of the problem that has manifested itself repeatedly as has been seen. Time to throw out the business as usual and get down to really doing something about the problems emanating from the bench without skirting the issues within a mutual adoration society that simply oils hands.
The committee should be comprised of those that do not have personnel relationships with sitting judges. I see this as continued poor judgment on the part of BACDL.
The BACDL has many things to answer for the poor job and complicit attitude it took for being judge pimpers.
Does anybody think that the Broward County Commissions are there for any reason other than to listen to lobbyists that then contribute to their campaigns when its time? If you do, there's a bridge in Brookland I want to show you.
People like Ron Book ought be thrown out on their duffs. Anybody done an estimate on how much it's gonna cost Broward tax payers for this sweet bondsmen deal?
People ought to really up in arms about this at a time when the county is in such dire financial straights. And the Mayor with her own problems with her husband being sued goes along with it.
Sorry I can't have more faith in the BACDL, but actions speak louder than words. It's done a very bad job of doing what we're supposed to be doing. That's why I don't attend any of the meetings anymore.
Is this the same Howes that ran for judge?
not sure about all the other listed problems, but, as for "Dressing out Inmates for Trial":
Next time it comes up, start reminding the Court that the US S.Ct. ruled that IT IS THE STATE'S OBLIGATION to dress out inmates for trial. I gave the cite to Gelin once when we were trial partners back in Schapiro's division. Judge loved that case law and rode the State into making them do it.
Gelin may still have the cite - if not, he'll know who to ask for it.
"...and see lawyers trolling courts for appointments ..."
Ahern: sound familiar?
Pedro was the king
And the same John Howes that will run for judge in 2010. Hummmmmmmm.
Yes, it is the same John Howes. He was appointed by Judge Lebow to represent Martinez on appeal. And he's helping the Sheriff write a clear message for the inmates so that there will be no more confusion in the jail about calls to lawyers.
The BACDL has a long way to go to repair the problems they've condoned among judges around here. As the face of judicial politics undergoes a big change over the next few years, they really could play a big part in the much needed reform, but, sincerely, they have to get beyond a few members trying to create a platform for their own political ambitions. We all know this to be true.
We need to start with reform on our own part before we try to reform a judiciary that is really out of control.
Remember, most of these people came up through the old and now unacceptable way of getting to the bench, through the Ross and Co's motto of I'll watch your back if you watch mine.
We need more independently thinking judges who really want to serve the people of this county and not just themselves.
BACDL could learn a lesson from that if they really want to change this way of doing things. Ill start attending the meetings when I see evidence of this.
AMEN!!
If we could increase our membership, we could really make a difference.
I say stop talking about all that was wrong in the past and start changing it. If the consensus is that the BACDL talks a big game and then does the same old song and dance then join/attend mtgs and start solving some of the problems! Stop with the foolish lip service about how things stay the same. The culture/attitudes/behavior and "let the jury decide" bullshit will end when we make it change. So far I see the tides turning a bit with the changing of the old guard. Perhaps we need to start one judge at a time.
yes you are right to some degree and we need a change of tides but lets get rid of williams who has so much smoke blown up his &^$ with his alleged ties to all the judges and the state attorneys office cause of his wife and friends but bacdl still talks a big game if you went to the meetings you would know what everyone is talking about.
Yes we do need change just like our president obama as with williams yet lets be positive he gave a good talk the other day and give him a chance. too bad for the newer attorney tired of the trash talk didnt put their name to the post of join some group. you sound very angry
I think bacdl is on its way to being on the right track. I do alot of civil and the groups are very organized and have tons of members. I was always surprised that the criminal attys in bwd were a little lame. Lets all try to attend the meetings and be proactive?
leave him alone. you do not know waht you are talking about. he is a good attorney maybe not that heart felt but a good decent attorney
How many are members?
BACDL as a long, long, long way to go to come back from the rep. its got. Lets start with a new Pres. and lay down some rules that don't include being a rubber stamp for some bad judicial behavior. That'll make a good start.
If you compared bacdl to any other county you would see how repressed the criminal attorneys are in broward
defense bar kicks azz in miami