"ARROGANT, DISCOURTEOUS, AND IMPATIENT"
The Girl Can't Help It...Judge Cheryl Aleman is back in the news. Not so coincidentally, she was also recently back in the criminal division, covering weekend First Appearances last Saturday and Sunday.
Today's tale of woe involves attorney David Sale (son of former Watergate Special Prosecutor Jon A. Sale). That's right. Courteous, calm, always professional David Sale.
David had an emergency Saturday morning, due to a clerical error surrounding a bond set by Judge Richards on Friday. His client, who was supposed to be released Friday, got stuck in the jail. Not good for any living thing, but particularly for this guy, who had to go to work Saturday. Lots of people were depending on him.
David turned up to First Appearances Saturday morning, a few minutes before the docket began at 8:30 (unfortunately, the cameras and audio were not rolling). After speaking to the State, David politely attempted to address the judge, when he was stopped dead in his tracks after only a few words. Despite his continued frustrated appeals and use of the word "emergency," the message was clear: "I'm not dealing with this."
David, stunned (isn't this what the JQC trial was all about?), did what any attorney would do who practiced before Cheryl Aleman during her days as a criminal division judge. He left. You can't get blood from a stone, after all.
The story does, however, have a happy ending. David had no intention of quitting. He made some calls, and Chief Judge Tobin was reached. Once he was apprised of the situation, Tobin granted First Appearances' Judge Jay Hurley the authority to go to the courthouse and remedy the injustice. Hurley excused himself from his family, wrote an order, and personally walked it over to the jail sometime after 2:00 PM Saturday. Well done.
This story would be bad enough if it was just some ordinary judge. A weekend judge who refuses to listen even for a minute, who ignores the plight of a man wrongfully detained. A judge who likely ignores her oath and the canons of judicial ethics, requiring action by the Chief Judge and another sitting judge to remedy the injustice. Factor in that the judge in question was recently tried and convicted by the Judicial Qualifications Commission for precisely this type of "arrogant, discourteous, and impatient" behavior, that the same judge appealed the findings, and that the same judge is scheduled to be publicly reprimanded for these obvious transgressions on April 7th, and only one conclusion can be drawn: Judge Aleman has not learned anything from her experiences with the JQC.
Let's hope she was only having a bad day. Maybe she did learn something. But let's also be honest - if Judge Aleman continues to display the uncompromising rigidity that no less an authority than the JQC deemed incongruous to the administration of justice, she should be kept far away from any and all criminal proceedings from this point forward. The stakes are too high.
As far as the JQC is concerned, we're not sure if they've already been contacted about this incident. We're also not sure if there has ever been a case of a judge who, at the time of a public reprimand, was also being investigated by the JQC for a nearly identical complaint. We'd sure like to find out though. If not, this could be another wonderful precedent for the Broward County Judiciary.
*BrowardBeat.com: Despite Aleman, All Judges Should Be Appointed*
*BrowardBeat.com: Superlobbyist Ron Book Daughter’s Fairy Princess Wedding*
too much
I think this chick has one major mental problem, always have. It'll be over when she is voted out soon.
Let's not just focus our attention on the impossible Judge Aleman but how good Jay has been as a Judge. There haven't been many stories of Judges doing the right thing lately and out of the few there have been many have been about Jay. Well Done.
Countdown to perdition, Cheryl. Arrival date 2010.
Why should other judges have to continually cover for a judge that does not take her responsibilities seriously? If Aleman can not or will not perform her duties responsibly, she needs to be removed.
I'll admit I was wrong about Jay Hurley. I didn't think he would make a good judge and wasn't pleased when the Gov appointed him. I know I wasn't alone in these thoughts. Hurley, however, has done a great job to remain humble and go out of his way to be reasonable, accessible, and fair. I hope he doesn't develop robe fever like so many have in the past.
I hope David Sale goes the extra mile and files anther JQC complaint against Aleman. If she didn't get it with the findings of the last complaint, she can turn the other cheek and take the class again. This time maybe she'll be expelled permanently. She's completely out of her depth obviously.
Big kudos to Judge Hurley for remembering what it is like to be in private practice and not being afraid to do justice on a weekend.
I will admit that I did my fair share of mocking and scoffing about Jay Hurley when he got the appointment....
We all know the jokes....and more than a few of us made them....frat brother gets appointed, did he bring the fire engine to the JNC interview etc. etc. etc.
Him being put in as the First Appearances Judge also got its fair share of critics..
And let's not forget the bow-tie. Ok..does anyone remember Jay wearing a bow tie to try a DUI case before.
But like the new tie, Judge Jay Hurley seems like a new man since taking the oath and the bench.
You see him in the hallway, and he pretty much seems like the same affable Jay Hurley that I've seen around since I became a lawyer. He certainly doesn't have robitis when you see him.
On the bench, he's shown himself to be more than capable, and patient, and while taking the job seriously -- he doesn't take himself so seriously either.
He's what I think most lawyers would like to see in a judge handling first appearances -- he listens, he is consistent, he doesn't antagonize, and he seems more than willing to do the right thing and go a bit above and beyond what we've expected.
I'm sure there are legitimate criticisms of him as well, as there would be of pretty much every judge.
But for me at least, I'll admit that I was wrong in my initial criticisms and am jumping in the bandwagon of the Honorable John "Jay" Hurley.
Keep up the good work.
And as for Aleman, there is nothing more that need be said. The JQC record and this article speak for themselves.
I wonder if Aleman is gonna like any better dealing with opposition in 2010? Who exactly does she think she is?
Aleman needs to be on a very tight leash. She thinks she's too good to do weekend magistrates or something? This is the problem with a number of judges when it comes to weekends and it's always been the problem.
Tobin's attempt to spread the blame to others doesn't mask what everyone already knows and that is that we have allot of judges that think they're to good to be told what to do by a Chief Judge or anybody else, and that goes double on weekends.
Aleman must be a very weird one to have to deal with on allot of levels since she apparently feels she was appointed by God and not the Governor to sit in judgment of others and that the world is really here to wait on her.
Where does the tremendous disservice she is doing to the public come into this? I wonder if she has ever thought of that.
She keeps pulling this kind of thing over and over again. It really is example time for judges here in Broward hat suffer from the same mindset. If the JQC won't take this gal to the woodshed, then Tobin should do it. Something needs to be done. Apparently they don't like her any better in civil either. She won't stop until she has every judge getting opposition because of her behavior and lack of judicial temperament.
Good move Jay. Where does she get off letting a man sit in jail like that?
Don't you know? It's ALeman against the rest of the world! She's being paid by the taxpayers to abuse them.
As someone who may have been in the courtroom last weekend here is the true story...
The Defendant was charged with allegedly battering his wife and allegedly threatening harm to her and the kids. There was a problem with the paperwork which the Judge wanted to closely examine before just letting the Doctor out. Maybe Jaab should pull the tape to find out what really happened there.
Here are a few interesting questions...
How many people can get Judge Tobin at home on a weekend to do a hearing?
If it is so easy to get Tobin at home how come he would not free the woman in the wheelchair that was IC last year? Why did he do nothing and make the PD appeal it to the 4th DCA?
It couldnt be because the Defendant here was a successful physician? jewish? maybe or his attorney politicially connected? Maybe Tanya Alanez or Bob Norman could find this out.
Hurley goes to the Jail on a weekend for this guy? Did he give money to Frat Buddy Crist? Does he have important friends? Can he raise money for 2010?
Would Tobin or Hurley go this far for a black or hispanic?
Hope these allegations dont ring true about the Defendant, I am sure the wife and her attorney will have a field day with this special treatment. I am sure the voters would like to know why Hurley work so hard to let an alleged wife beater free?
Maybe it's because he wants to stay on the bench. At least he did what was right under the circumstances which is more than I can say for many other judges. Aleman needs to go if she can't do her job. That's the real problem.
When is this woman gonna be dealt with? She's an embarrasment to the entire judiciary.
What does her bad attitude and discourteous behavior have to do with whether he's a doctor or not? She has already manifested these same poor behavioral traits. It's getting to the point where she's either dumb or doesn't care enough to change her attitude to her responsibilities.
So Ian Richards screwed up? Interesting no one is critical of this?
Some guy has to get to work so let's bend over backwards? This bs happens to people everyday in this County. If this had been one of Bogenschutz clients (god forbid named Huizenga) Bill would be screaming about unequal treatment. Since it involves an attorney friend of Bill and Judge Aleman the favortism showed this Doctor is swept under the rug. Would a minority who had to get to work that day get a hearing with the Chief Judge on a weekend and have Hurley make a special trip to the jail? No.
Aleman didn't know anything about the case, the bond, nothing. That's the point. The real issue is IMPATIENCE which she was busted for already. She saw a member in good standing of the Florida Bar saying EMERGENCY and she didn't give a crap.
I hope someone runs against her in 2010. Probably only cluck cluck chicken talk though.
Here's a tip if Mr. or Mrs. Jewysteinberg grows stones and really takes her on. She has Aleman with the accent on all her name tags, etc. Don't let her drop it on the ballot so she can pass as a member of the Tribe as she did last time when she beat Malove the Italian sounding guy.
To Attorney David Sale. Courage, Commitment, and Connections. Your client is very lucky to have you in his corner.
I have been waiting 4 years, 7 months, and 25 days for my case to be heard. Two out of my three witnesses have passed away. My court appointed attorney did not even show up at the last court appearance (March 4, 2009). He did not even call.
I have become the white haired elderly women roaming the Broward Court House looking for justice, but all I have seen are Judges who mock the judicial process and torment defendants who might actually be innocent; Prosecutors who withhold, tamper and fabricate evidence; and a court-appointed defense attorney who has witnessed all of this and has done nothing.
My court-appointed attorney has made no motion to dismiss due to lack of probable cause and evidence, when the Florida Department of Health sent a letter on July 1, 2005 stating there was insufficient evidence to support prosecution and directed the case be dismissed.
My court-appointed attorney has made no motion to dismiss due to prosecutorial misconduct, when Prosecutor Bell withheld and tampered with a taped conversation that proved my innocence and also proved the lead MFCU investigator, Joyce Cavallo fabricated evidence. Important safeguards were not followed, such as verifying facts.
My court-appointed attorney has made no attempt to depose my last surviving witness, who knows I would never commit a crime.
I am a mother, an honest law abiding citizen, a single parent with a quadriplegic son, an educator, a journalist with a doctorate degree, a person with no criminal history, and wrongfully arrested 4 years, 7 months, and 25 days ago.
speaking of emergencies: I had an emergency in Judge Eade's division ; involved a foreclosure /eviction....Eade was terrific; he was happy to listen to what the emergency was and acted accordingly. I'm sure Aleman would have ignored me altogether.
Would Tobin or Hurley go this far for a black or hispanic?
Probably not.
Look Aleman is scum and deserves to get an opponent and get kicked off the bench. But something's fishy here. 10:39 brings up some interesting issues. I suggest we slow way down before we start praising Hurley (who is desperately afraid someone will run against him) and Tobin who's no saint.
By the by, for the uninformed David Sale's father is very prominent, very politicall connected, Miami attorney John Sale (whose claim to fame was being on the committee that ousted Nixon from office.
Aleman has proven at least to the satisfaction of the JQC in her last complaint that she has a problem and is ill suited for the Bench. I don't think that is an issue.
The issue is her continued and flagrant disregard for the principles of the office she presently holds.
Why Broward County has to have so many judges with this type of problem and how they obtained these positions to begin with is of even more interest.
They do Broward's citizens and the attorneys that appear before them a great disservice by repeated flaunting their arrogance and disregard for the very profession they are to represent at the highest level.
Unfortunately, the steps necessary to remove a judge have become so politically tainted that it remains very difficult to remove a judge that is not performing in an acceptable manner to that which is expected from all of us; and that issue represents an even bigger and more pernicious problem than some disturbed judge that shouldn't be sitting on the bench at all.
The only thing we can hope for is that these people are seen for what they are and better people with greater talent present themselves and have the courage to run against them and oust them from the bench.
Broward has as has been seen repeatedly many problems that emanate directly from the bench.
There must be those that have the desire and qualifications to bring these judges to task for their inability to control themselves in a professional manner.
It seems to be the only way to get rid of these poorly performing judges. I'm for one looking forward to 2010. I hope people will remember these episodes and the judges involved.
That after all is what they pin their hopes on, that everyone with the passage of time will forget when they start asking us for support to retain their positions.
The press likewize has a responsibility to keep these incidents fresh in everyone's mind if they are really doing their jobs as well and not playing politics themselves along the way.
do we even know what the emergency was? a guy had to get to work? doesn't sound like much of an emergency?
What Aleman lacks in judicial temperment she makes up for with her evident lack of knowledge of the law. It's a winning combination. Maybe she should smoke some pot with Larry Korda and cool off.
Aleman continues to embarass herself and make a mockery of her position and the Broward Bench in general. She is lacking in remorse, compassion and other human traits, that are characterisitic of an evolved, just human being. Its a sad day when the Broward judiciary continues to consist of the likes of such an animal. SHES A PIG! And now for the negative aspects of her personality.............
This whole mess started with screw up by Ian Richards. We miss you Julio.
I GUARANTEE you that there is someone that is going to be running against her. And I am not Jewish, either.
I hear Ian Richards put a no bond hold on the guy and Aleman wanted to contact him to find out why (not that anyone cares about the victim here)and Sale got pissy and stormed off. The emergency was that Sale got paid big bucks from the Doc and probably promised him he would have him out in an hour so he could go back to playing golf by the afternoon. The doc's bubby, uncle or whatever is probably some relative condo commando in Century Village or something to get Tobin and Hurley to jump like they did. Maybe he is a friend of Christ supporter and fellow Hollywood doctor, Dr. Mendelson
http://blogs.browardpalmbeach.com/pulp/2009/02/charlie_crist_joel_steinger_alan_mendelsohn_mutual_benefits.php
SORRY JAAB I THINK YOU GOT THE STORY WRONG. ALEMAN IS A WITCH. BUT LOOKS LIKE TOBIN AND HURLEY ARE PLAYING THE MRS FRANK ADDERLEY SPECIAL TREATMENT GAME. MAYBE JUDGE RICHARDS DID THE RIGHT THING.
Faux Vic: Hey Ian, Judge Tobin here, I guess you didnt get the memo that we dont do no bond on rich jewish doctors here in Broward.
Faux Ian: Sorry Boss, I didnt know he waz Jewish.
Faux Vic: Oh thats right you didnt campaign in the condos. That's ok. No worry, the Jesus lover Aleman is taking all the heat for your screw up anyway.
Faux Ian: But I like Jes, FAUX VIC: IAN!!!!!!!!!
Faux Ian: sorry massa vic
A work of satire...
I said it before and I'll say it again as someone mimicked above. Aleman states to the JQC in that "Official Proceeding" (re FS 837.012) that "she really learned something by this experience." And she clearly has not.
Having been in trial and seeing her and watching her write down a vitriolic unnecessary comment regarding the attorneys because she was not prepared and spending days in there listening to her Haggard "woe-is-me" "I have 4500 cases "piss'n'moan," so she'll start late and leave early to make up for it conduct of the trial, I have no sympathy, except she actually takes a good picture.
The bottom line is, as long as it is allowed, it will continue. Badda bing, badda bang, badda boom.
And who is responsible for it????
BAckman on the JQC????