MONDAY NOTES
Is another judge's wife getting ready to run? - that's the big buzz, and we're not talking about Judge Dale Cohen's better half either, currently squared off against another judge's son. We're also told yet another veteran defense attorney should be making an announcement any day now. Phew! It's not even February, and Broward is already the talk of the State. Amazing what thirty-three years of anger, frustration, and self-interest can accomplish, right Mike?
Speaking of judicial offspring - Click here for a letter by attorney Mike Weinstein highlighting an important issue. He's lobbying the legislature to fix the problem of multiple attorneys representing indigent defendants with multiple cases. Everyone's seen the problem, whereby an offender may have the PD, Conflict Counsel, and SPDs on different cases. Weinstein wants the Trial Court to be able to appoint the attorney selected by the electronic registry on all the cases, in order to best advise the defendant on all pending matters. Very judicious!
Kulik on Golburgh - Attorney Kevin Kulik posted the following under "GOLBURGH v. MERRIGAN" at 5:56 PM on 1/25/2010:
"Since Lloyd Golburgh announced his candidacy for a judgeship, I've been approached repeatedly by the supporters of Edward Merrigan.
They ask, "Why Merrigan, he's a very nice person who may turn out to be a great Judge. Why not give him a chance?"
First, it is possible that he could, with courtroom experience, one day be a good judge. But everyone has their perspective on what constitutes a good judge. My perspective is that of a criminal defense attorney. For years, we were ignored and our clients were treated very harshly by the vast majority of the criminal judges. The police and the prosecutors were always right and virtually every discretionary decision (80% of judicial decisions are discretionary) went against our clients. We let this go on for too long, but finally we took a stand. We all owe a debt of gratitude to Rob Malove, who had the courage to run against Cheryl Aleman. That race, even though Rob didn't win, sent the message that we were dissatisfied.
Since that election, there has been considerable improvement in the protection of the rights of individuals in our local criminal courts. But the job is not finished. Our local judicial appointment process has not gotten the message. Governors Bush and Crist have removed any semblance of bipartisanship from the process, which frequently results in the appointment of the friends and relatives of those in power. Qualifications are not as important as connections if you want to be appointed by the local JNC.
But we also disagree on the qualifications. Judge Merrigan's resume clearly shows that he has primarily represented big banks, big law firms and the government. His connections to those running the appointment process are obvious. I have learned over years of jury selection that people with this type of background genuinely believe in their own fairness, but they vote guilty with alarming uniformity. They just can't see things from the point of view of the individual whose life is at stake. Any defense attorney worth his salt would strike Edward Merrigan from the jury panel. Why would they pick him as a Judge?
I prefer judicial candidates who have had the experience of representing real people, many of whom are being forced into courts to defend their property, liberty, even to stop the government from taking their kids away. This is why I support Lloyd Golburgh. Lloyd has heart. He knows what its like to try to save people from all walks of life from a government that can be impersonal and harsh. He knows what happens to their children and families when things go badly in court. He has suffered with them. He will not ever forget that every decision a judge makes, however seemingly inconsequential, may have a huge impact on a person for the rest of that person's life. It is difficult to predict how Edward Merrigan would perform this early in his term as a Judge. But I have 100% confidence in Lloyd."
Drug Court Changes - New! Improved! Expanded! - Administrative Order Number 2010-14-Crim now allows some offenders accused of low level drug sales into drug court (although the SAO is apparently still not convinced). There's lots of stuff packed in here, and lots of questions as to how it's all going to work. Hopefully Jordana Mishory will take the time to figure it out and explain it, since we're way too busy chasing down gossip and rumors ...
JAABLOG'S Once Upon A Time - Click here for Finkelstein 1, Judge Carney 0 (1991):
"We conclude that the trial court (Carney) departed from the essential requirements of law when it removed Howard Finkelstein as public defender representing petitioner John Fogelman. The court could have ordered Finkelstein to proceed, and suggested the possibility of contempt proceedings against him if he were to fail to do so. However, it did not entertain that option. Removal of counsel without even allowing an opportunity for objection and argument is and should be perceived as a threat to the independence of the bar as well as an abuse of discretion."
Is it significant, in light of other cases Prosecutor Carney dealt with involving defendants of diminished capacity, that this case also involved a defendant whose competency was at issue? And will Finkelstein object if Chief Judge Tobin assigns Senior Judge Carney to criminal matters? Something tells us he will ...
Coming soon - JAABLOG'S exclusive excerpt from "The Murder of Anna Nicole Smith" by Judge Larry Seidlin.
Challenger to Judge Hurley Adjusting to Bruising Ways of Broward Politics
BBeat: Stacy Ross says goodbye to "Uncle Ham"
Rumpole: Dale Ross Legal Retaliation Services
Speaking of judicial offspring - Click here for a letter by attorney Mike Weinstein highlighting an important issue. He's lobbying the legislature to fix the problem of multiple attorneys representing indigent defendants with multiple cases. Everyone's seen the problem, whereby an offender may have the PD, Conflict Counsel, and SPDs on different cases. Weinstein wants the Trial Court to be able to appoint the attorney selected by the electronic registry on all the cases, in order to best advise the defendant on all pending matters. Very judicious!
Kulik on Golburgh - Attorney Kevin Kulik posted the following under "GOLBURGH v. MERRIGAN" at 5:56 PM on 1/25/2010:
"Since Lloyd Golburgh announced his candidacy for a judgeship, I've been approached repeatedly by the supporters of Edward Merrigan.
They ask, "Why Merrigan, he's a very nice person who may turn out to be a great Judge. Why not give him a chance?"
First, it is possible that he could, with courtroom experience, one day be a good judge. But everyone has their perspective on what constitutes a good judge. My perspective is that of a criminal defense attorney. For years, we were ignored and our clients were treated very harshly by the vast majority of the criminal judges. The police and the prosecutors were always right and virtually every discretionary decision (80% of judicial decisions are discretionary) went against our clients. We let this go on for too long, but finally we took a stand. We all owe a debt of gratitude to Rob Malove, who had the courage to run against Cheryl Aleman. That race, even though Rob didn't win, sent the message that we were dissatisfied.
Since that election, there has been considerable improvement in the protection of the rights of individuals in our local criminal courts. But the job is not finished. Our local judicial appointment process has not gotten the message. Governors Bush and Crist have removed any semblance of bipartisanship from the process, which frequently results in the appointment of the friends and relatives of those in power. Qualifications are not as important as connections if you want to be appointed by the local JNC.
But we also disagree on the qualifications. Judge Merrigan's resume clearly shows that he has primarily represented big banks, big law firms and the government. His connections to those running the appointment process are obvious. I have learned over years of jury selection that people with this type of background genuinely believe in their own fairness, but they vote guilty with alarming uniformity. They just can't see things from the point of view of the individual whose life is at stake. Any defense attorney worth his salt would strike Edward Merrigan from the jury panel. Why would they pick him as a Judge?
I prefer judicial candidates who have had the experience of representing real people, many of whom are being forced into courts to defend their property, liberty, even to stop the government from taking their kids away. This is why I support Lloyd Golburgh. Lloyd has heart. He knows what its like to try to save people from all walks of life from a government that can be impersonal and harsh. He knows what happens to their children and families when things go badly in court. He has suffered with them. He will not ever forget that every decision a judge makes, however seemingly inconsequential, may have a huge impact on a person for the rest of that person's life. It is difficult to predict how Edward Merrigan would perform this early in his term as a Judge. But I have 100% confidence in Lloyd."
Drug Court Changes - New! Improved! Expanded! - Administrative Order Number 2010-14-Crim now allows some offenders accused of low level drug sales into drug court (although the SAO is apparently still not convinced). There's lots of stuff packed in here, and lots of questions as to how it's all going to work. Hopefully Jordana Mishory will take the time to figure it out and explain it, since we're way too busy chasing down gossip and rumors ...
JAABLOG'S Once Upon A Time - Click here for Finkelstein 1, Judge Carney 0 (1991):
"We conclude that the trial court (Carney) departed from the essential requirements of law when it removed Howard Finkelstein as public defender representing petitioner John Fogelman. The court could have ordered Finkelstein to proceed, and suggested the possibility of contempt proceedings against him if he were to fail to do so. However, it did not entertain that option. Removal of counsel without even allowing an opportunity for objection and argument is and should be perceived as a threat to the independence of the bar as well as an abuse of discretion."
Is it significant, in light of other cases Prosecutor Carney dealt with involving defendants of diminished capacity, that this case also involved a defendant whose competency was at issue? And will Finkelstein object if Chief Judge Tobin assigns Senior Judge Carney to criminal matters? Something tells us he will ...
Coming soon - JAABLOG'S exclusive excerpt from "The Murder of Anna Nicole Smith" by Judge Larry Seidlin.
Challenger to Judge Hurley Adjusting to Bruising Ways of Broward Politics
BBeat: Stacy Ross says goodbye to "Uncle Ham"
Rumpole: Dale Ross Legal Retaliation Services
Wow an endorsement from Kevin Kulik that is huge. How many races has he won? None. How much money has he raised for a candidate that was not already a Judge. Remembering Bernie Bober's event at Kevin's office that kickoff raised about $4.50 plus 2 Canadian dollars.
Two big holes in your argument about Merrigan, first, you cant even say his is a bad Judge from your own or anyone elses experience. Secondly,you say he never represented the "real people"? Are you serious? I guess putting his life on the line to defend our freedoms was not representing the "real people". I cant wait to se Lloyd talk about how he defended drunk drivers constitutional rights and Merrigan says he did the same putting his life on the line in Iraq defending our freedom. Even better wait until there are MADD and SADD folks in the audience along with the war vets. See Kevin, "real people", i.e. law abiding, tax paying, good citizens are not really fans of guys who make big bucks defending drunks.
Your views on the appointment process in light of you running Hurley and Seidman take any credibility you may have had to zero.
The best is, deep down Kevin, you are merely a bag man. You know all those years renting space from Bogey carrying his briefcase. Now carrying water (well scotch and water) for Eddie Kaye. Is it hard never being your own man?
If its so easy to become Judge why don't you do it? Poor Lloyd how much did you tell him you will raise 50k, 75k. Tell him all he needs in one Comcast commercial for 22k? Did you mention to Lloyd how many people including a few current candidates turned you down before you called Lloyd. Poor Lloyd when this is all done he will always be known as the guy who tried to ruin a war hero. No one will ever forget this race when he tries to run again. Lloyd ask yourself, how many races has Kulik actually won? If you think 1, call Judge Bober for the truth.
Run along Kevin, Eddie needs another scotch and water. Dont forget the Old Spice and one of those special sponge baths would be nice as well.
It sounds like the boys and girls who control the JNC are mighty upset about their judges having to earn it. Too bad for bro-in-law. It doesn't pass the smell test. Sorry.
A-Turd obsessing about sacks and baseballs again. The strange thing is, you have any. Kulick can kick your butt. Slacker.
Not another Seidman. One's enough.
Merrigan is about to get plowed.
When can we say goodbye to Stacey?
Yeah, Kevin sure kicked his butt in the Stacy Ross race. Opps no he didnt, all his friends he tried to recruit knew better then to get in that fight.
You want to talk about diminished capacity? Brings to mind J. Hurley.
You can count on me Lloyd!
Looks like every republican appointee is going to have to fight to retain their seat. I like the idea of having a choice.
Prediction. Golburgh's name appears first on the ballot followed by Merrigan. Golburgh wins hands down by considerable margin.
I love it when people oppose sitting judges. I have noticed judges, even those not up this year, that are typically cranky and disrespectful change their tone. As long as the good judges are not challenged I love it. Any judge that is average needs to be concerned. THAT IS THE WAY IT SHOULD BE. Judges need to up their game like everyone else.
A-Turd,
You know you might as well face it you're addicted to blogging.
Wow, let's see.
Sitting judge with a wife who is an attorney -- limited group there.
Now take out the judicial spouses who are already running. More limited group.
Now take out those few remaining spouses who in no way, shape or form would want to put themselves through a judicial campaign -- we're even more limited now.
Prediction: Laura Seidman (is she going to actually campaign, or just get buckets of money from her health care special interest friends) vs. ??????????????? (Fill in the blank by any judge on Seidman's figurative hit list).
"Governors Bush and Crist have removed any semblance of bipartisanship from the process, which frequently results in the appointment of the friends and relatives of those in power. Qualifications are not as important as connections if you want to be appointed by the local JNC."
Bill - I still don't think Kevin actually wrote this post. How he could make this comment with a straight face while running the campaigns of Seidman (Bush Appointee - Wife and he major fundraisers/boosters for RPOF and Bush) and Hurley (Crist Appointee - Frat Brother of Crist, fundraiser for Crist, Transition Team for Crist) is the absolute height of hypocricy.
Talk out of both sides of your mouth all you like Kevin -- I think we're done listening and are left with just a collective "Pffffft" when you spout this silliness.
There's a different kind of noise emitted when they actually file though! It doesn't sound remotely like Pffft. It leaves a stain too.
Laura Seidman couldn't raise a sheckle under the circumstances of when she left NBHD.
Not even he's that stupid.
Go Lloyd!!! Your desperately needed. All we've got are political hacks who don't have the stomach to withstand a contested race. Ian Richards has shown the way and just how easy it was.
I hate to break it to the Lloyd bashers, but I've worked with Lloyd and he's going to go over big out on the campaign trail.
He's likable and knows his stuff big time. So anyone that thinks he is a pushover for Merrigan is in for a real surprise.
I'll bet he walks away with it.
Merrigan may very well be a nice person, but being related to someone on the JNC panel didn't hurt him.
Typical Broward crap.
Cardinal Gibbons can't control the judiciary. Those wonderful religious boys and girls never did anything to stop the racial oppression and flat out racism in this town. This town needs a change not more dynasty building and back room deals.
So ok Kevin, I totally agree.
We should totally criticize the JNC appointment process for putting someone through who only gets there because of his ties to the process and the powers that be, and not on his background, merit or experience.
That judge should absolutely be challenged.
Ummm, wait. Am I talking about Seidman, Hurley, or Merrigan?
Or is Kulik just talking out of his A$$.
Lee Jay I have to give you credit you are good at the misinformation game.
The hints have been out there for a year that if Seidman got an opponent then (fill in incumbent judge name) will be opposed by your Laura Seidman.
I am surprised Bill, this one has been out there a long time. Anyhow lets examine this.
Does Laura Seidman want to be known throughout the campaign she got 250k to leave a job that her job reviews showed she didn't show up to work enough and she lacked enough knowledge about the areas of practice associated with being general counsel of NBHD. Of course not.
Look at Judge Seidman's financial disclosure. He shows very little worth. She is the bread winner with her private sector job. Pay cut in this economy? no way. If her alleged medical problems are true, would she put her self at risk to run, doubtful. Finally, two Seidman's on the ballot only cause confusion.
Rumor #2: Seidman is going to retire from County and run for a Circuit spot. No way.
Why? Seidman has power, likes the power and will no voluntarily give it up. Secondly "Candidate, Former Judge Seidman" would have to offer back his campaign coffers to his donors. Also, "Candidate, Former Judge Seidman" would find out real quick that many people only gave him money because he was a sitting judge, as a mere candidate he is just like everyone else.
Stick in there Lee, your not going to hit the streets to campaign with the common folk (no the 1013 dinner doesn't count). You are going to run commercials and bank on a solid republican turnout for the primaries.
LOL, that idea cracks me up. I can't imagine Seidman would be so cracked to think about retiring from County Court to run for Circuit.
If that happened, I'd bet $20 that Sprinkles comes out of retirement to run against Seidman, just to completely F with the guy.
GET RID OF ALL THESE LOSERS AND THEIR STUPID POLITICAL GAMES.
BRING THE WHOLE HOUSE DOWN!
Say it is true Mrs Seidman runs. A smart move for Judge Seidman the current candidate. He gets 2bl name recognition on the trail and the ballot (remember Buchanan? how many confused old people will vote 2x thinking the same person?) He gets an assurance of at least one of them winning and collecting a judicial paycheck. He also gets revenge depending on who she runs against. Trifecta time.
Will she run against Lisa or ERic?
I won't go through the list of reasons why I disagree with your analysis of how it helps LeeJay for his wife to run in the same year as him.
One comment is worth addressing -- the judicial paycheck.
Umm....If Laura is making real money in the private sector (far in excess of a County Judge's salary supposedly), why would she give that up to ensure that at least one of them keeps a judicial paycheck?
Does she think that Lee Jay is more employable in the private sector? As what? The guy's sum total of legal experience is as a prosecutor (and he apparently has no relationship at SAO or DOJ to get a gig after he loses at either place) and as a GM (which he ain't going back to -- and if he does, everyone should double-lock their doors). He's not getting a plum civil gig with Big Law (no more ex-judge RRA spots) and he definitely doens't have the demeanor to do ADR.
If Laura runs, it's just to make someone miserable - like Lee thinks people are doing to him.
You heard it from me before Jaablog...Wasserstrom-Rubin is officially under investigation.
Umm....that story isn't about a judge or Mike Satz or a lawyer or someone who is a lawyer thinking about being a judge or Doyle Mombach Jak Thompson John McNamara or Klitty or the ADJ or Mickey Rocque or A-Turd, so why would anyone reading this blog give a $hit about it.
If we want real news on RRA or other stuff, we go to Bob Norman.
"Veteran defense attorney."
It's Barbara Heyer.