BIDWILL RULES
Fly me to the moon ...Judge Bidwill recused himself in the State v. Loureiro fiasco. It's up to Chief Judge Tobin to decide whether or not the entire 17th Circuit Judiciary should be disqualified, since he's the only one with the authority to make that decision.
Judge Bidwill's ruling is typically thoughtful, intelligent and well-reasoned. He states that he knows he can be fair, but because of the nature of the allegations, and the legal standard involved in a Motion to Disqualify, he has no choice. Click here for Bidwill's Order.
From the Order:
"In fact, in its relinquishment order of March 31, 2009, the Florida Supreme Court itself had ordered the appointment of a judge from another Circuit to hear those issues underlying the request for relinquishment, which are essentially the same issues the defendant will raise in his pre-trial motions."
Now it's up to Vic Tobin. This should be a no-brainer for him, particularly in light of the forthcoming Motion to Dismiss Based On Prosecutorial Misconduct and Motion To Recuse The 17th SAO (referenced in the original Motion and Bidwill's Order), together with the above language from the Supreme Court.
What will he do? Will politics play a role? Stay tuned ...
That old Bogie magic will be put to the test - all eyes will be on Judge Hurley this afternoon at 1:30. Broward's most famous accused killer of the moment, Jim Leyritz, has screwed up his pretrial release again. Here's the Sentinel article detailing the latest arrest. It's up to Hurley whether or not he gets out (again), with Bogenschutz bringing all his mystical forces to bear ...
Next step for Broward Courthouse task force: Community advocates
A NEW COURTHOUSE IS COMING EVEN THOUGH THEY JUST CANNED 394 TEACHERS!
*OPEN TO THE PUBLIC: LEE INTERVIEW - JULY 15TH; HOLMES INTERVIEW - JULY 16TH*
(Courtesy of the Southern District of Florida Blog)
4TH DCA 17TH CIRCUIT OPINIONS 7-1-09
Gold - Affirmed Holmes - Sent back to rescore victim injury points
S. Kaplan - Affirmed Gold - Reversed and Remanded (921 DD sent back - not "isolated incident")
Garcia-Wood - Reversed and remanded Lynch - Affirmed
Rosenberg - Affirmed Greene - Petition Granted Carney - Reversed and Remanded
Frusciante - Appeal abated; jurisdiction relinquished to trial court for further proceedings
Murphy - Reversed and remanded for further proceedings
Beller - petition for writ of habeas corpus granted (weekend magistrates)
Nice to see an order prepared by a Judge in this Circuit which doesn't have spelling or grammatical errors.
No doubt that Bidwill would have been fair in the case. He's a good and decent guy and a very intelligent judge.
But he certainly did the right thing.
The question is what will Vic do with this. And almost as important, how many mistakes will be in the order he enters.
Shouldn't there be a motion to recuse Judge Hurley? Bogenschutz is on Hurleys
Election Committee.
If he's smart Vic will follows Marty's lead. Marty Bidwill is a rare Bush appointee that is highly qualified to be a judge.
Wishing Judge Holmes is awarded her desired new position and Judge Bidwell slides into her spot.
from the Miami blog:
THE HONORABLE SAMUEL J. SLOM
COUNTY COURT JUDGE
1351 N.W. 12 STREET ROOM 513
Miami, Fla. 33125
Phone 548-5187
Fax: 548-5134
TO: ALL ATTORNEYS
FROM: SAM SLOM, ADMINISTRATIVE JUDGE – COUNTY COURT CRIMINAL DIVISION
RE: COUNTY COURT CRIMINAL DIVISION CHANGES
DATE: JUNE 30, 2009
Within the next month or two, the County Court Criminal Division will be implementing two changes to our current case setting practices:
1. Misdemeanor sounding/trial dates will be announced in court: Whenever a misdemeanor case is set for sounding/trial, the judge will announce that future date in open court. Notices will still be mailed by the Clerk’s Office but the selection and announcement of the future date will be made by the judge in open court. In cases where lawyers have filed written pleas of not guilty, those misdemeanor files will appear at the arraignment calendar in order to receive their future date but the lawyer and their client need not appear. Traffic cases will continue to be set as they currently are and thus are not affected by this new procedure.
Exception: An exception to the above procedure will exist for misdemeanor cases which are arraigned at one courthouse location and transferred to another courthouse location for their future setting (i.e. a misdemeanor arraigned at a branch court but set for trial at the Richard E. Gerstein Justice Building). The Clerk’s Office will continue to set the future dates on such cases.
2. Bifurcated calendar settings: Within the next 60 days or so, judges will (hopefully) have the ability to set their calendars so that the private defense bar’s cases, Public Defender’s cases, and unrepresented defendant’s cases are set at different times. For example, on sounding dates for a DWLS calendar, unrepresented defendants might have their DWLS sounding set at 9:00am, Public Defender DWLS cases could be set at 9:30am and unrepresented defendants could have their DWLS sounding set at 10:00am. Currently, judges lack the ability to set bifurcated calendars and thus all cases of a similar type must be given the exact same time. Computer programming changes however will provide judges with the flexibility to set cases in a bifurcated manner. Each judge will have the capability to set their caseloads as they deem appropriate - taking into consideration the number of cases pending in their division and the courtroom capacity to deal with those numbers. Judge Luise Krieger-Martin will conduct a pilot program in her division implementing this process before it is rolled out to the other divisions. This case setting flexibility has become crucial due to the fact that our limited courtroom capacity has not kept pace with our ever increasing caseload.
As always, if you have any questions or concerns I will be more than happy to meet with you.
Thank you.
He will do it without thinking twice, IMHO. It gets it out of the circuit. It makes it harder for Broward people to follow thereby making it better for Gardiner.
Miami-Dade will get the case and Ana will skate again. The woman has more lives than a pussy (cat that is).
hope chernow brown gets it again--she's no nonsense!
Relax, Bogenshutz is on every judge's election committee.
Never seen Hurley read the whole PC into the record before...certainly not on a PD client anyway. Or seen two SAO supervisors in the magistrate courtroom.
I have had two dom. viol. cases with Hurley. He tends to summarize facts on d.v. cases and some felonies. I think its to make record for the basis of setting the bond. He does it on pd. and private cases. Also I think that he pd took him to the 4th once because he didn't state the facts for the bond.
He always recites parts of the probable cause on the record. Clearly you aren't in his court often.
Only recuse when one guy gives a ton of money. Committee memberhip and one $500.00 check means nothing.
Get a life. Jay is doing a great job.
P.S. The "O-Lounge" event was a huge success. Lots of lawyers with $100 to $500 checks followed by tons of young, hot, happy hour tail
Shilo, the PD writ on Hurley to the 4th was for WAY more than failing to state the factual basis for the bond. That said, none of us is perfect. Hurley is doing a vastly better job than almost anyone expected or could hope for. He does his job well and isn't a pushover for anyone, State or defense.
If Broward's head Republican Chip LaMarca appears before Hurley. Will you recuse yourself Jay?
That Beller writ of habeus was for defendant Gorman Roberts. I assume it is the same Gorman Roberts that we have to thank for all those violation of Miranda suppressions! Nice to see he is still in business though.
9:03, as far as I can tell, Hurley appears to meticulously err on the side of recusing himself from anything where there's even the appearance of a conflict. Or do you have any actual experience to the contrary, rather than just baseless innuendo?
Bidwil,is very good at what he does.What do some of his kroney freinds think? Alex for one one.Says things as jokes,but is he really joking? Watch out Bidwill friens like that who needs them!
Hurley may have to recuse himself from any case involving Republican leader Chip LaMarca. Oh ya, he'd probably have to recuse himself from Democratic leader Mitch Ceasar too, since Ceasar has endorsed Hurley.
Speaking of the Beller writ on the Gorman case, I don't know Beller, but he's either stupid or careless. An intern knows that a crime not punishable by life is entitled to bond, unless there's a motion for pretrial detention. This case was so simple the AG conceded error. Let's hope Beller either gets better training or stays away from magistrates.
Judge Bidwill has done the right thing.
As far as the righteous indignation over the Buddy Nevins story, I would guess we have seen the first missive by the Gardiner 2012 campaign team.
The article was merely a trial balloon floated to gauge the reaction to her message "I am a victim of racism." A fishing expedition, if you will, to see what arguments would follow to learn how to counter them.
Politics as usual.
Do we want judges with the political connections to the Mitch Ceasars and Chip LaMarcas of the world? Absolutely not!!! Judges must not be political.
My "Anonymous" fool (above):
Whether "we" like it or not Florida judges on the circuit and county level ARE political ( you never noticed that when in the voting booth?)!
It says a lot about a judge when the leaders of the Democrats and the Republicans both support him/her.
Work on changing the laws about judicial politics, but in the meantime, though unfortunate judge are politicians.
It says a lot about a judge when the leaders of the Democrats and the Republicans both support him/her.
It says Hurley is a political whore and Charlie Christ's frat brother, who needs to be voted out by the Broward Democratic majority electorate.
5:09pm
trying to follow your logic is a tad difficult. since judge hurley is supported by democrats and republicans you call that being a "political whore"?
if the judge had no support you'd then surely call him a loser.
don't you think that you are a wee bit angry? fine, you don't like him.
now, get some help...
It's very clear. 5:09 is angry.
I gotta agree with the opinion of Buddy Nevins and his blather about Gardiner. He's about as bias as they come and equally as boring and predictable to read. He's always been that way.
Gardiner will never be able to live down this one. Not as long as she remains on the bench which may not be that much longer. Hispanic woman of distinction? Yeah, right.
Don't think this thing is over yet.