WEDNESDAY NOTES
"You give me an issue, I'll give you a tissue and you can wipe my ... "Broward Drug Court: New! Improved!
The Inaugural Richard Entriken Annual Golf Classic (May 8th)
Joe Carter Charity Event (W Hotel, April 23rd)
Who will replace Laz? - rumors all over the place, and, as far as we know, the decision may have already been made as to which judge will become the new head of county criminal courts. We did, however, observe the overall head of county courts, Judge Sharon Zeller, asking to meet with Judge Mary Robinson this morning, and, like a lot of folks today, we also heard the chatter that Judge Stacy Ross is also in contention. Both picks make sense from a political point of view (Tobin's, that is), since Robinson is rumored to be picking up an opponent this year, while catering to the younger Ross may keep Dale off Tuter's back (or whoever becomes Tobin's heir apparent) when the next chief judge election rolls around. One thing's for sure - it ain't Broward if it ain't political.
Ride along? - we're told some interesting video may surface soon, featuring an ASA riding along on official police business. Nothing too spectacular about that, since going out for a bit of fun and games with the cops has always been an available ASA perk. The problem here, we're told, is that the SAO may have failed to disclose some of the arrests effectuated with SAO personnel on scene, an obvious conflict of interest. Coming soon to a YouTube near you ...
Sorry Buddy, we disagree - everyone has seen BrowardBeat.com's piece about Lloyd Golburgh receiving pressure from judges not to run against Judge Ed Merrigan. Buddy draws the conclusion that Golburgh was probably "spinning innocent conversations". We respectfully disagree, since it probably did happen, although not in the vintage arm twisting fashion of yesteryear that Buddy also writes about. Unfortunately, we've been told by other candidates running against incumbents that they also received the full court press by judges, but velvet glove style. "So and so is a great guy," or "you know his kid is sick," or "you should come with us to a ball game and get to know him", is more or less how it goes. Still, it was great seeing yet another newsworthy item picked up from our anonymous comments section, and given the attention it deserved by a reporter of Buddy's caliber. Sorry again, Llorente!
Hear Ye, Hear Ye! - Click here for the flyer advertising tomorrow night's Dependency Court shindig being thrown by Judge Arthur Birken. Will judicial candidate/Birken wife Judge Barbara McCarthy be there? Stay tuned ...
Lazy, lazy, lazy - this whole Llorente thing has made us realize how doggone complacent we've become. If he's the best they can do, we must really be slipping. We've decided to turn it up a notch, and dedicate ourselves to a program of heavy lifting.
First up, TERM LIMITS for State Attorneys and Public Defenders. This one will require legislative action, by legislators who are more than happy having toothless, do-nothing state attorneys for life in their home jurisdictions, while they go about their sometimes funny business unchecked. Logically, though, it really doesn't make sense to allow State Attorneys and Public Defenders to serve ad infinitum, when judges, who individually impact a much smaller portion of the community than either of the former, are precluded from serving past a certain age.
Next up, NO NEW COURTHOUSE. It's been years since we've called a press conference, but it's about time to draw the public's attention to the $328 million ($120 million in cash) they specifically voted NOT to be used for a new courthouse, being used for just that. At a time property tax rolls are wildly decreasing, and school's suffering layoffs and other cuts, it's quite newsworthy that the County Commission and their cheerleader judges would jam a judicial Taj Mahal down poor people's throats.
Lastly, REFORM THE JQC, THE JNC PROCESS, AND THE FLORIDA BAR. Does the JNC Process award merit, or is it simply a mechanism weighted down by nepotism, politics, and influence peddling? Does it make any sense to have judges policing themselves, or lawyers clearing other lawyers? We think not, and the general public will probably agree. The woeful state of our judiciary and profession didn't get that way because there's a careful system of checks and balances in place, that's for sure. It's time to overhaul the entire system, as the current JQC fiascoes clearly illustrate.
Speaking of the JQC - we spoke to someone close to the JQC process on Tuesday. Apparently, there is no such thing as a presumption of innocence once probable cause has been found against a judge. That being said, judges are still allowed to defend themselves, and, according to case law, remain on the bench while doing so, even when being accused of a "lack of candor" (which is different than "dishonesty", we're told ...) It's down the rabbit hole time once again, Grace ...
A funny thing happened on the way to the forum - Carlos Llorente's confusion has galvanized support for our humble little internet experiment. Strangely enough, we're even hearing from some of our staunchest critics, who just don't like the sound of Llorente's anti-bill of rights rumblings. Defense lawyers, ASAs, out-of-state lawyers, judges, LEOs, professors, and even civilians have contacted us, promising assistance. We're genuinely touched. Accordingly, our usual snark will be temporarily set aside for the sole purpose of thanking all of the above, as well as the New Times and Daily Business Review writers, and various bloggers, who have also weighed in. Oh yeah, we'd also like to thank Llorente himself, for sending our hit count into the stratosphere, at least temporarily. Last, but not least, we have to mention Norm Kent and Fred Haddad, who, despite their busy practices, are always ready to lend a hand on a free speech matter. Kent, in fact, has already authored a strongly written "open" letter to Llorente, and copied Ken Marvin, Director of Lawyer Regulation for the Florida Bar.
From Kent's letter:
" ... You may not like what you read, and you may not appreciate what is said about lawyers or this profession. But even in Utopia, somebody has to take out the garbage. (JAABLOG) may trash persons and professionals, and if those who feel they are unjustly criticized seek to initiate legal action to remedy such a wrong, there is no bar stopping them from doing so.
Nor can there be another bar or bar association inhibiting a free press from publishing those comments and criticisms, unless you want to sacrifice the very First Amendment you as a lawyer should protect ...
Having been exonerated twice by the Orlando and Fort Lauderdale offices of the Florida Bar as not being liable for the postings on JAABLOG, if any new lawyers seek sanctions ... , please understand you are doing so in contraindication to prior rulings of the Florida Bar ...
Accordingly, one can only assume that any lawyers who would author a new complaint based on similar postings are doing so vindictively, in bad faith, out of vitriol, and ignoring past precedent.
Govern yourself accordingly."
(Good stuff, right? Click here for the full text of An Open Letter to Carlos Llorente and his ‘Investigators’)
(By the way, did you know that RRA was the BCBA's Bench & Bar Convention's "Golden Professionalism Sponsor? Yes, it's true. It turns out Llorente really may have different ideas about what constitutes professionalism than the rest of us. [See November, 2009 - page two])
THANK YOU ALL!
(And don't worry, Mike. We'll be back to you shortly)
Mr. Gellin, I support you 100% and agree in your fight for free speech, I do not however agree with the way that Rumpole handles his blog. He allows others to fabricate facts that are vicious, and when you ask him to delete them he will not.
So I aks you, why would my filing a mandamus complaint in the Supreme Court to force the bar to investigate and censor Rumpole be wrong, if in fact he is allowing (after being notified) libelous statements? Given the case law and arguments the bar used in the Supreme Court against you, why is that case law not relevant against Rumpole?
The breadth of what you're proposing would probably require a whole new state constitution. I suspect if that ever actually happened, you'd be the first person to whine about what was in it.
Judge Barbara McCarthy CANNOT attend her husband Judge Birkin's soiree, not without being the 3rd Broward judge in three weeks to have the JQC up their arse. Argh, argh, argh, Happy St Pats to ya.
That picture of Birkin is so goofy!!
BILL McCOLLUM
ATTORNEY GENERAL
STATE OF FLORIDA
OFFICE OF THE ATTORNEY GENERAL
General Civil Litigation, Fort Lauderdale
MONICA GALINDO STINSON
Assistant Attorney General
110 S.E. 6th Street, 10th Floor
Fort Lauderdale, FL 33301-5000
Telephone (954) 712-4600
Facsimile (954) 712-4700
Monica.Stinson@myfloridalegal.com
March 16, 2010
The Honorable Eillen M. OConnor
17th Judicial Circuit
Broward County Courthouse
201 S.E. 6th Street, Room 930A
Fort Lauderdale, FL 33301
Re: Gselman v. Espinosa. et al.. Case No. 09-69948 CA 04
Dear Judge OConnor:
Please find enclosed a courtesy copy of the following documents with regard to the above-styled
matter:
1. Confirmation of setting motion calendar for April 13, 2010
2. Notice of Hearing
3. Florida Judicial Qualifications Commission, Florida Governor Charlie Crist, and Florida
Attorney General Bill McCollum's Motion to Dismiss Amended Complaint With
Prejudice and Memorandum of Law
4. Judge Susan Aramony and General Magistrate Melinda Brown's Motion to Strike
Amended Complaint as Moot.
Thank you for your time.
Sincerely,
\
anice Wolfe
Assistant to:
Monica Galindo Stinson,
Assistant Attorney General
Enc. (4)
cc: August Gselman, Pro Se
Amelia Espinosa
4. The Motion to Dismiss With Prejudice was granted and the Final Order of
Dismissal With Prejudice was entered on February 16, 2010 as to both Judge Aramony and
Magistrate Brown based on Absolute Judicial Immunity. (See Exhibit "A" attached hereto.)
5. After the hearing, and after the case was dismissed with prejudice as to both
Judge Aramony and Magistrate Brown, the Pro Se Plaintiff went to the clerk's office and filed an
"amended" complaint against said Defendants.
6. The Pro Se Plaintiffs "amended" complaint should be stricken as moot as the
case was dismissed with prejudice as to Judge Aramony and Magistrate Brown.
7. Judicial immunity affords absolute protection against a claim for money damages.
Mireles v. Waco. 502 U.S. 9 (1991) 112 S.Ct. 286, 116 L.Ed. 2d 9 (1991). Like other types of
official immunity, judicial immunity is an immunity from the actual lawsuit and cannot be
negated by claims of malice or bad faith. Mireles. 502 U.S. at 11, 112 S.Ct. at 288 (citations
omitted). "Such immunity applies 'however erroneous the act may have been and however
injurious in its consequences it may have proved to the plaintiff" Cleavinger v. Saxner. 474 U.S.
193, 199-200, 106 S.Ct. 496, 500, 88 L.Ed. 2d 507 (1985) (quoting Bradley. 13 Wall, at 347).
WHEREFORE, Defendants, JUDGE ARAMONY and GENERAL MAGISTRATE
BROWN, respectfully request that this Court enter an order striking the Plaintiffs "Amended"
Complaint, and requests any other relief this court deems proper and just.
Respectfully submitted.
BILL McC
ATT
MONICA^SAElNDO STINSON
Assistant Attorney General
Florida Bar No.: 145785
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
BROWARD COUNTY, FLORIDA
AUGUST GSELMAN, JR.,
Plaintiff,
vs.
AMELIA ESPINOSA,
JUDGE SUSAN ARAMONY,
GENERAL MAGISTRATE MELINDA BROWN,
FLORIDA JUDICIAL QUALIFICATIONS COMMITTEE,
FLORIDA ATTORNEY GENERAL BILL MCCOLLUM,
FLORIDA GOVERNOR CHARLIE CRIST,
Defendants.
CIVIL DIVISION
CASE NO.: 09-06994804
FLORIDA JUDICIAL QUALIFICATIONS COMMISSION,
FLORIDA GOVERNOR CHARLIE CRIST
AND FLORIDA ATTORNEY GENERAL BILL McCOLLUM'S
MOTION TO DISMISS AMENDED CMPLAINT
WITH PREJUDICE
AND MEMORANDUM OF LAW
Defendants, FLORIDA JUDICIAL QUALIFICATIONS COMMISSION1 ("THE
COMMISSION"), FLORIDA GOVERNOR CHARLIE CRIST ("GOVERNOR CRIST") and
FLORIDA ATTORNEY GENERAL BILL McCOLLUM ("ATTORNEY GENERAL
McCOLLUM"), by and through undersigned counsel and pursuant to Fla.R.Civ.P. 1.140, hereby
file this Motion to Dismiss Plaintiffs Amended Complaint with Prejudice and as grounds
therefore state as follows:
1. Pro Se Plaintiff fails to comply with the Florida Rules of Civil Procedure and fails
to state a cause of action.
Incorrectly identified by Plaintiff as, "Florida Judicial Qualifications Committee".
1
2. Defendants GOVERNOR CRIST and ATTORNEY GENERAL McCOLLUM are
entitled to Qualified Immunity.
STATEMENT OF CASE
On February 16. 2010, Plaintiff, a pro se litigant, filed his Amended Complaint against
numerous Defendants, including THE COMMISSION, GOVERNOR CRIST and ATTORNEY
GENERAL McCOLLUM. Plaintiff attempts to allege claims for monetary damages for alleged
due process and civil right violations against GOVERNOR CRIST and ATTORNEY GENERAL
McCOLLUM merely by reason of the official positions they occupy. The nonsensical, alleged
RICO, conspiracy, civil rights and due process violations, stem from judicial action taken in a
family law court case in Broward County. Plaintiff seeks monetary damages in the amount of
"not less than seven million ($7,000,000) for each count, seven million dollars in punitive
damages, and injunctive relief "against...continued criminal prosecution against other noncustodial
parents similarly situated", and relief from the family court orders.
MEMORANDUM OF LAW
I. LEGAL STANDARD FOR MOTION TO DISMISS
The purpose of a motion to dismiss is to test the legal sufficiency of the complaint.
Ramos v. Mast. 789 So. 2d 1226 (Fla. 4th DCA 2001). The trial court may not look beyond the
four corners of a complaint when ruling on a motion to dismiss. Id. at 1227. See also Provence
v. Palm Beach Taverns. Inc.. 676 So.2d 1022 (Fla. 4DCA 1996)(The primary purpose of a
motion to dismiss is to request the trial court to determine whether the complaint properly states
a cause of action upon which relief can be granted.) Litigants at the onset of a suit must be
compelled to state their pleadings with sufficient particularity for a defense to be prepared.
Arky. Freed. Stearns. Watson. Greer. Weaver & Harris, P.A. v. Bowmar Instrument Corp.. 537
sued ATTORNEY GENERAL McCOLLUM because he is an elected official and is the Chief
Legal Officer for the State of Florida. F.S. §16.01. The complaint is completely devoid of
allegations of an affirmative causal connection between Defendants THE COMMISSION,
GOVERNOR CRIST and ATTORNEY GENERAL McCOLLUM. Moreover, it makes no
factual allegations against GOVERNOR CRIST or ATTORNEY GENERAL McCOLLUM
whatsoever. Rather, Plaintiff makes the conclusory statements, "...defendants have
violated...privileges and immunities involving due process and related rights that are protected
by the Constitution and laws of the United States of America." Again, said statements suggest
the pro se plaintiff copied legal terms from an encyclopedia rather than setting forth sufficient
facts to allege a cognizable cause of action.
Plaintiffs complaint is legally insufficient to set forth a cognizable cause of action
against THE COMMISSION, GOVERNOR CRIST and ATTORNEY GENERAL McCOLLUM
and should be dismissed with prejudice.
III. QUALIFIED IMMUNITY
To the extent that Plaintiff has sued GOVERNOR CRIST and ATTORNEY GENERAL
McCOLLUM in their individual capacity, defendants are nevertheless entitled to qualified
immunity from suit. Qualified immunity of state officials is an immunity from suit; it extends
beyond just the defense to liability and includes all aspects of civil litigation. Harlow v.
Fitzgerald. 457 U.S. 800, 102 S.Ct. 2727 (1982); Anderson v. Creighton. 483 U.S. 635, 107 S.Ct.
3034, 97 L.Ed.2d 523 (1987). "[Qjualified Immunity for government officials is the rule,
liability and trials for liability the exception." Town of Southwest Ranches v. Kalam. 980 So.2d
1121 (Fla. 4th DCA 2008)(emphasis added) citing Alexander v. Univ. of N. Fla.. 39 F.3d 290
( l l th Cir. 1994). Qualified immunity is "...entitlement not to stand trial or face the other
Jack Thompson has now hijacked the blog under the aka "tim".
When Nevins gets his nose out of Broward judicial arse and starts to report worthy and more truthful articles, I'll start reading him again. Until then, no thanks. He's just as guilty as some of the schmos he's always trying to protect. After all, he doesn't know just how to twist a story, no? Of course incumbent judges are trying anything they can do to discourage anyone from running against them. That's the way its always been, no need to change now. That's Broward Judicial Politics. They are just being a little more careful now and not using quite as strong-armed tactics as they did in the Ross days.
The idea of a New Courthouse after the citizens of Broward County have resoundingly defeated such a notion by certain self-interested parties is one that simply not fly under the present circumstances.
Other than the fact that there is absolutely nothing wrong with the present courthouse, coupled with the additional fact that the present courtrooms are vastly underutilized and remain empty most of the day should send a message to those that would continue to push this initiative.
This is not a subject where Broward County Commissioners are using sound judgment in backing, and will I'm sure be exposed for what it actually is.
I sincerely doubt that during an economic recession where our teachers are being laid off in numbers that have never been seen and schools are being closed, that the citizens of Broward will take to this throughly needless and self-serving idea for some. There will be No New Courthouse in the foreseeable future.
The toilet is running in your home.
You can either jiggle the handle, or you can tear down the entire house and build a new one.
I wonder if Carlos Llorente is putting his name in for Gehl's seat?
Interesting that Birken who has been out of dependency court for years and years would have a "reunion" for all those in dependency while his Wife is running to retain her seat in what division? Why dependency, of course! See also has a family division. They are quite a pair. He of the gentle demeanor and she of the nasty, demeaning, and contentious black robe fever type. You don't suppose this "reunion" is to try to line up support for the Wife? Nawwhh! Not much.
Hey Gelin:
Every dollar of Rothstein's / RRA sponsorship money from the "Bench and Bar" was immediately returned upon learning of his fraud. This was done so at a loss to the Broward Bar, and was spearheaded by Carlos Llorente and the Broward Bar Board.
It is clear your pee-pee is all a-flutter with your renewed "tilting at windmills", but check your facts first douche...
I knew this was a stupid move by Tobin....You watch how everyone pays even MORE attention to the blog he wants to shut down and wait until people figure out Tobin had a lot to do with the new courthouse. Bad PR move. Here we are talking about layoffs in schools and he pushes for a new courthouse?? Plus he rants in the paper like he is entitled or some privilaged king when reporters ask about some issues with a couple of judges. next thing you know he uses the Broward Bar as an attack dog on a blog!? Unbelievable. how could he not see it would backfire and shine a brighter light on the courthouse?
An anonymous someone from the BCBA throwing the word douche around.
A fine bunch of hypocrites.
...douche. Suk it!
I didn't dodge the Vietnam War draft to have people like Lorente trample on my freedoms. Long live Jaab I say.
McCarthy married to a judge.
Hurley fraternity brother with Crist.
Ross daughter of Chief Judge.
Merrigan married to current Mayor's wife.
Phillips married to old Mayor Naugle.
Is it a surprise people are upset with the appointment process?
Seidman's wife when counsel at Templeton was a major fundraiser for Bush who appointed him and a was a big fundraiser for Crist as well.
rumor has it there are some division attorneys running for judge. here comes the sao!
So the Broward bar is in the clear because they returned the money? These clowns who got taken by a obnoxious, blustering, greasy thug like Rothstein? These self appointed arbiters of what is professional and proper believed Rothstein to be the Gold Standard of what lawyers should aspire to? Come on they could give every penny back but it doesn't change the fact they are shallow and ignorant, easily blinded by gilt, pin stripes and shiny pinky rings.
A classless, unprofessional organization made up of self serving wannabes.
is the ASA on the ride along saying, 'yeah my office will file that charge'
Ride along sounds hot
"rumor has it there are some division attorneys running for judge. here comes the sao!:
Countryman and Gallagher for Judge!
"rumor has it there are some division attorneys running for judge. here comes
Did someone finally stand up to Mike and say "If not Ari, then why not I?"
Mike would really be selfish to not let his qualified and loyal lawyers partake in the changing of the guard.
to 1:44 pm
the JNC has always been political and always will be. in the old days it was all about Eddie Kay connections. Go all the way back to Seidlin, what 30 years ago-not only was that political, he was definitely not qualified.
Merrigan is married to the current mayors wife?
What is this Big Love? I think you meant his wife's sister, at least I hope so.