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JAABLOG WELCOME

2010-09-02T01:30:00Z

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What's up Kulik's sleeve?

Coming soon - Mike Robinson in for Gates Tuesday; Towbin-Singer, Levenson, and Robinson feng shui the sixth floor; Matchmaker, matchmaker - Gardiner & Clemens?; Does Jill Levy really want to come to Central?; Young Turks say "no" to Weinstein.

But seriously, folks ... - Bo Hitchcock confirms Jerry's sudden stroke on Friday. Jerry is wide awake and giving hell to the nurses over at Holy Cross, but looking at rehab. No visitors or flowers please, just wait until Bo gives the all clear. God Bless ...

JAABLOG WILL RETURN SHORTLY
(thank you for your patience)

♫ ♪ ♫ ♪
Summer's almost gone
Summer's almost gone
We had some good times
But they're gone
The winter's comin' on
Summer's almost gone
♫ ♪ ♫ ♪

McHUGH IN 2012

2010-09-01T21:50:00Z

Her Honor?

Attorney Katie McHugh is running for county court judge in 2012. She's got her eye on two occupied seats, although she may opt for an open race depending on how things shake out over the coming months. She joins Jonathon Marne, Bob Nichols, and Steve Schaet in the rapidly growing pool of announced 2012 contenders.

The 2010 Incumbent Steamroller has proven to be an inspiration for those interested in democracy and American values. The long standing hegemony of Jewish names in judicial elections seems to be a thing of the past,* and African-American and Hispanic candidates have shattered the glass ceiling still in place years after Miriam Oliphant's historic county wide victory at the polls. Lawyers, single family homes, and minority communities have spoken, and Broward's notoriously arrogant and rude judges are starting to behave like their more respected colleagues in Miami and Palm Beach.

Make sure to say "hi" to Katie when you see her in the courthouse. Get to know her now, and support her later.

* Some of the Jewish challengers report that they carried some of the major condos and still lost, which can't be good news for Satz ...

GOOD LUCK KATIE!

BBeat: The Kid From Queens Runs Again - Weinstein Wants To Be CJ

" ... Broward Chief Judge Vic Tobin is stepping down in February. Weinstein is stepping up ... His opponent appears to be Family Court Judge Susan Greenhawt ... "

MEET JUDGE LOPANE

2010-09-01T19:10:00Z

Nick Lopane and perennial finalist/good guy Raag Singhal

GM Nick Lopane has been appointed to replace John Frusciante on the circuit court.

CONGRATULATIONS TO ALL THE FINALISTS

Also:

Robert A. Butterworth, 68, of Hollywood, attorney with Atkinson, Diner, Stone, Mankuta & Ploucha P.A., succeeding Arturo Alvarez, appointed for a term beginning September 1, 2010, and ending July 1, 2014 to the Supreme Court Judicial Nominating Commission.

HOUSEKEEPING

2010-08-31T01:28:00Z

Broward Judge Hurley Gets Standing Ovation From Inmates

Ginger Lerner Wren: "Failure to educate"

"The cradle-to-prison pipeline that exists has been well-documented and discussed by our nation's leading experts in government, education and the law ...

The profound failure of our public schools and other institutions to effectively educate and help develop our black boys and men to lead productive and qualitative lives has led to immeasurable consequences, loss and suffering to our communities, nation and workforce ... "

SATZ SAYS: LOCK 'EM UP!

Try mandatory sentencing alternatives

"In April, for instance, 19-year-old Hope Sykes of Palatka received a mandatory 15-years for peddling 25 hydrocodone pills to an undercover cop. Not exactly Pablo Escobar. But Florida's sentences dwarf even tough-as-nails Texas, where delivery of more than 28 grams of similar drugs can draw a two-year sentence. Here, it's 25 years."

Sentencing Laws: 'Get Tough' Gets Expensive

"Recently, in a brief span of time, an 18-year-old Gainesville man was sentenced to six years in prison for manslaughter and battery, a 23-year-old woman was sentenced to one year and a day in prison for vehicular manslaughter and a 19-year-old Satsuma woman was sentenced to 15 years for selling 25 hydrocodone pills to an undercover officer."

Mayo: Satz's gift to the Chaits

Nevins: Satz's Sweetheart Deal With Dirty Developers Could Backfire

SS Editorial: Judicial races were Broward's bright spot in an otherwise ugly primary

Mayo: A rundown of who's hot and not after Tuesday's primary

Broward County Court Cover Up Fails to Hide Florida Land Grab Corruption of Pompano CRA

Judge Elijah Williams dogged by rumors he is Muslim

Herald: Melanie May, Character Witness

SFGN: Two Big Wins and Plenty of Lessons Learned for Next Time

DBR: Broward lawyers protect integrity of bench, bar

DBR: Broward incumbents prevail over record challenges

DBR: Ethnic targeting fails in Broward judicial races

DBR: Social media slowly entering into Broward judicial battleground

BBeat: Jewish Names Didn’t Elect Judges

BBeat: Judicial Candidate Goldbugh Gets Last Shot

BBeat: The Quiet Return of Barbara Miller

BBeat: Prosecutor Schulson Replies To Critics Of Coral Springs Sunshine Law Case

JAABCAM

2010-08-30T21:50:00Z

1.) "I'm running." Peter Weinstein, pictured with his long term deputy Tony Sutera this afternoon. The gregarious Weinstein confirmed he's seeking the Chief Judgeship, but wouldn't elaborate. The word on the street is he's already got the votes; 2.) This week's celebrity juror is ... Sue Gunzburger; 3.) What's the statute of limitations on petit theft? APD Don Cannarozzi makes his second consecutive JAABCAM appearance, this time holding a trophy from his days in Thomas Coker's division. Coker, who retired in the 1990's, was yet another Broward judge who unabashedly used the "N Word" behind the scenes, without a peep of protest from our beloved justice seekers at the SAO. The jargon may have changed, but poor non-violent minorities still go to prison at unprecedented rates in good 'ole Broward; 4.) Where's Lee Jay? The chairs in front of the North Wing elevators seem strangely empty since Seidman's loss, since he's no longer holding hallway court every day after clearing his regular docket by 9:15 AM; 5.) Chief APD Gordon Weekes, Howard Finkelstein, and John Frusciante. It's too bad nobody ever ran against the retiring Frusciante, since the benefit concert would have been a real blast; 6.) 1st Step Sober House's Mike Fein has a secret message for the jury, if he's called to testify in the ongoing trial of the accused killer of his friend and mentor Richard Entriken.



APDs (for now) Mindy Solomon & Sandra Perlman
            (photo by Shane Gunderson)

Why won't Mike Satz let his people achieve their dreams too?

    Coming soon: The Seidman's Strike Back ...

THE 2012 JUDICIAL ELECTION SEASON BEGINS

2010-08-26T14:55:00Z

Judge Marne?

Attorney Jonathon Marne is announcing his candidacy for judge in 2012. For now he's keeping the seat he's seeking a secret, although many who know him may have an idea.

Marne is undeterred by the Incumbent Steamroller, taking Tuesday's lessons to heart. Candidates who really want to win have to start relentlessly pounding the pavement early, like winners Sandra Perlman and Giselle Pollack a few years back. The Ian Richards easy kill strategy that drew so many uninspiring candidates this year has been soundly defeated, and opportunistic late comers will have their work cut out for them in the future, especially if Howard Finkelstein is called out to save the day.

Good luck Jonathon!

KEEP THE PRESSURE ON TO REFORM BROWARD'S UNCONSCIONABLE PRISON MACHINE

UPDATE: Attorney Steve Schaet confirms he too will definitely be running in 2012 ...

WEDNESDAY NOTES

2010-08-26T01:29:00Z

Dance, puppets, dance - here's the list of judges up in 2012. Remember, it's not whether you win or lose, it's about protecting the public from arrogant, insecure bullies who forget they work for the voters. Sure, some bad judges were swept in this time along with the deserving moderate Crist appointees who are Broward's future, but there isn't a judge on the bench who wants to sing for his or her supper, lose sleep, spend money, and possibly forfeit a disgustingly fat retirement benefit. Qualified candidates are urged to keep the pressure on, and to dial 1-800-JAABLOG if help is needed with the filing fee.

Hey BACDL - how about giving the Harry Gulkin Award to Sandra Perlman before she crosses over?

The Finkelstein Factor - is Howard Finkelstein the incumbent's best friend? Many people are crediting his summer vacation on the campaign trail for Tuesday's Incumbent Steamroller. He may have said "no way" when the movement was afoot to put Public Defenders in control of the SPD slush fund way back when, but due to racial targeting of minority judges he now finds himself the absolute ruler of the courthouse political roost anyway, like it or not. Now if he'd only run for State Attorney ...

The money factor - while the analysts will be deciding whether it was the condos, palm cards, or single family homes that made the difference, one thing's for sure. Money, or the lack thereof, didn't play much of a role. Incumbents seem to have won by the same wide margins in many of the races, whether they spent a ton or a little. Are we wrong?

Berman v. Cohen - Judges Fred Berman and Geoff Cohen got into it today, over custody of DVU ASA Berki Alvarez. Apparently Ian Richards farmed out one of his misdemeanor DVU trials to Berman, taking Alvarez away from her morning duties in Cohen's felony DVU division. Cohen reportedly called Berman and asked for her back, since the covering ASAs reportedly didn't know what to do with Alvarez's files. Berman said "no" due to the trial in progress, and was none too happy to find Alvarez stuck in Cohen when the trial was supposed to resume after lunch. He called Cohen, who may have told Berman something along the lines of "go fly a kite", leading Berman to call Vic Tobin to settle the dispute. Alas, by the time Tobin appeared in Berman's courtroom Alvarez had already returned, setting the stage for some reportedly interesting banter that we wish we'd been present for. Can't we all just get along?

Allison Gilman writes - "Judge Levenson was presented a negotiated plea last week on a violation of probation of 56 months Florida State Prison. This was a 22 year old young man who had been direct filed as an adult when he was seventeen for being the driver of a vehicle on a attempted robbery case where he took a plea for four years Florida State Prison followed by probation. His codefendant, also a juvenile, went to trial, and even though the offer before trial was ten years was given life by Judge Levenson. The pending violation was a second violation for this man all of which had been technical violations and traffic citations. Upon rejecting the negotiated plea of 56 months, which was the bottom of the guideline scoresheet, the Judge gave the Defendant two options: plead open or go to a final hearing. The Defendant, wanting to take responsibility for his actions, plead open to the Court and presented testimony from his family of a long standing drug problem and the fact that he was expecting his first baby. The Judge stated that he remembers the facts of the trial of the codefendant very clearly, and even though the Defendant was only the driver he was still responsible and clearly is not a candidate for probation. At that point he sentenced this 22 year old man to 140 months Florida state Prison followed by four years of probation on a technical violation of probation scoring 56 months FSP. The Father ran out of the Court room and everyone in the courtroom was shocked. Thoughts? Suggestions?"

Lloyd Golburgh speaks - "We aren't allowed to talk about much during the campaign, so now I have the chance.

First, I'd like to congratulate Judge Merrigan and his family. I wish only good things for them. I have publicly said on many occasions that whoever won in my group, whether it be Judge Merrigan or myself, Broward County gets a good Judge. I still believe that's true and what is ultimately most important.

Second, I'd like to say THANK YOU to everyone who supported my campaign, who showed me so much love and affection and friendship, and who have said and written so many wonderful things to and about me.

Third, I would like to thank the almost 34,000 people who voted for me. That's pretty cool.

Certainly I would have preferred to win the election, but I'm not at all sad today. I am optimistic about my future and about the future of our Judiciary. In fact, I would like to offer my congratulations to and express my pleasure about the retention of the Judges I know well; i.e., Rebollo, Williams, Gillespie, and Robinson and to those whom I met during the campaign and grew to know as really good people like Judges Rodriquez, Skolnik, Lebow, and Porter and in-coming Judges Solomon and Gottlieb. I offer encouragement and friendship to some other great people I've become friends with along the way like Steve Schaet, Melissa Donoho, and Roshawn Banks. Don't give up. Each of you is worthy.

Finally, I am grateful for the priceless education I've gained over the course of my campaign and humbled by the overwhelmingly positive responses I've received from all types of people about the way I ran it. My heart is full as the result of all of the new friends I've made, and I'm truly excited to get back to work."

Hey Chuck Morton - what's going on with State v. Edgardo Acosta? Isn't this precisely the kind of resource wasting case that was discussed at this month's PSCC meeting?

Woof Woof - remember James Herard, the Dunkin' Donuts suspect who barked at Jay Hurley during First Appearances? He's in trial this week before Paul Backman on other charges, representing himself. Apparently his bark is worse than his bite, since he's reportedly been polite and soft spoken during the proceedings held thus far.

Coming soon - Motion To Disqualify the entire 17th Circuit in the cemetery cases?; Best of Election 2010; Anti-Jewish judge backlash? Are they vulnerable at the polls?

ANYONE NOTICE HOW RESPECTFUL THE JUDGES ARE THESE DAYS?

JAABCAM

2010-08-25T22:00:00Z

1.) Free at last! APD Don Cannarozzi reacts to news of Lee Seidman's loss; 2.) Dragonslayer nonpareil. Judge Sandra Perlman and former ASA Brian Silber this morning. Perlman has vanquished both Cheryl Aleman and Seidman. Is there a Satz in her future?; 3.) Julio Gonzalez, Al Milian, and Tom O'Connell toast the fact that Gonzalez's loss in 2008 was not in vain. ASA Hussein El Rashidy wholeheartedly agrees; 4.) Richard Entriken's accused killer Kino Bartholomew with attorney Ed Salantrie. They've got a jury, and the first witness will be called at 1:00 PM Thursday before Michael Usan; 5.) Photo by Wayne Spath. The Porters flanking John Howes on the campaign trail; 6.) Art is in the eye of the beholder. Some out-of-custody ink. At least the SAO is keeping the streets safe from crack heads and non-licensed drivers ...

CONGRATULATIONS TO ALL THE CANDIDATES

August 24, 2010 Primary Election Results

Coming soon - Judges on Trial (did they like it?); Gilman v. Levenson; Satz Satz Satz Satz Satz ...

REBOLLO WINS BY 1,314 VOTES
(victory by a +1% margin means no recount)

MEET JUDGE PERLMAN

2010-08-25T02:45:00Z

Lee and Laura Seidman in happier times ...

Sandra Perlman strikes again. First Cheryl Aleman, and now Lee Seidman. Sorry Lee Jay, but we told you so back in April. Now you'll have to settle for locking up your dog when he's late for kibble, instead of defendants who are ten minutes late for court.

All the minority judges are safe, except for Carlos Rebollo, whose race may come down to a few hundred votes. We're praying for him, as he's the consummate gentleman and fair, fair, fair in court.

Minority candidate Jahra McLawrence is also winning his race, another indication that Broward might finally be growing up. The former APD will face a run off with former ASA Mardi Levey Cohen in November.

In other races, the Incumbent Steamroller that some predicted has come to pass. It'll take stronger, more inspirational candidates for things to be any different in 2012. Eileen O'Connor has won handily, not surprisingly. She spent a ton of money, managed to avoid any mention in the papers of the racial and religious discrimination complaints lodged against her, and worked harder than anyone we can think of. Howard Finkelstein, anticipating her victory last week, is correct in asserting that O'Connor has "purged the taint of her past." The voters have spoken, and that's that.

Have the condos once again carried the day, mostly voting correctly after Finkelstein and the mainstream media successfully sounded the rallying cry? Or is their influence officially depleted, based on the failure of the Jewish names to click as they have in the past? And do the results bode well or ill for Satz in 2012?

Developing ...

(Posted at 10:45 PM with 739 of 779 precincts reporting. Rebollo is up by roughly 900 votes ... )

(UPDATE - Rebollo leads by 903 votes with 761 of 779 reporting ... )

(UPDATE - Rebollo leads by 960 votes with 776 of 779 reporting ... )

REBOLLO WINS BY 1,314 VOTES WITH 779 of 779 reporting

MEET JUDGE MICHAEL ROBINSON

2010-08-23T19:04:00Z

Abracadabra! General Master to Circuit Judge ...

Mike Robinson has been appointed to fill Gardiner's circuit seat.

GOVERNOR CRIST APPOINTS MICHAEL A. ROBINSON TO 17TH JUDICIAL CIRCUIT COURT

SS: Lawyer replaces scandal-plagued Ana Gardiner

CONGRATULATIONS TO THE ROBINSON FAMILY!

Q: What do these three people have in common?

A: They're all great judges.

RETAIN WILLIAMS, ROBINSON & GILLESPIE

BBeat: Did Porth make a Hessian blunder or was he sent by the SAO to make amends?

YouTube: Eileen O'Connor's TV Commercial (as seen on CNN)

Miami Judge Sheldon Schwartz mouths off

Mother Says BSO Had No Business Killing Her Son (Teresa Williams lawsuit)

TONIGHT AT 7:00 PM

2010-08-21T17:30:00Z

So lonely ...

Howard Finkelstein will be speaking this evening at 7:00 PM at the Koinonia Worship Center, 4900 West Hallandale Beach Blvd., in Pembroke Park. The politically influential congregation has a close working relationship with the Public Defender's Office, having sponsored civil rights Redemption Workshops and other outreach programs in the past. Tonight's speech is the capstone of Finkelstein's three month solitary effort to mobilize the community against the targeting of minority judges, the thirty-third speech he has given this summer in preparation for Tuesday's election.

The speech/rally promises to be a doozy, since the normally impossible to fluster Finkelstein has been feeling more than a little frustrated at the legal community's near total failure to publicly support the minority judges currently under attack. As stated above, he has been the lone voice on the speakers circuit, and the first to sound the rallying call this campaign season. Thankfully the mainstream media picked up on the issue, and has done a good job of highlighting the problem. Lawyers and other public officials, whether White, Black, Hispanic, or otherwise, are an entirely different story.

Finkelstein can't recall seeing more than a handful of lawyers combined at all of the speakers forums this summer. That includes one lawyer who works for him, indicating a troubling apathy that inflicts not only his own office, but the State Attorney's Office and the private bar as well. While everyone is complaining and tempers are flaring, while the ugly spectre of racism and hatred bubbles to the surface, lawyers have not stepped up to the plate. Beyond a badly executed press conference and endorsements from bar associations no one in the community knows anything about, complacency has ruled the day.

"I am so deeply saddened that the minority and general legal community has failed to grasp just how important this election is for them and the whole community," Finkelstein says. "By not showing up to blow the trumpets to put everyone on notice as to the significance of Tuesday's election, and to maintain the pathetically puny minority representation Broward presently has on the bench, proves an old saying. There are those who make things happen, those that let things happen, and the large majority who say 'what the hell happened' when it's all over."

Remember these words if things go wrong on Tuesday. Screaming bloody murder after the fact may make you feel better, but it won't change the reality that all of us let it happen. It also won't help save minority judges up in 2012, change the travesty of Florida's governors' appointing less than seven Blacks in thirty-five plus years, or judicial administration's refusal to rotate and protect African-American and Hispanic judges in the civil divisions.

SPEAK NOW OR FOREVER HOLD YOUR PEACE

SUPPORT YOUR LOCAL CARLOS

RETAIN REBOLLO & RODRIGUEZ

KULIK SPEAKS ...

2010-08-20T15:26:00Z

A sunshine law violation would have required an agreement or decision between the two commissioners in a private, unnoticed to the public, meeting. It would have to be such an agreement on an issue which would have been raised before the board at a later date.

Prior to trial, both of the Coral Springs police officers who allegedly witnessed such a meeting stated under oath in depositions that neither commissioner made any statements that they had not publicly made in the past. They stated that the commissioners never made any agreements or decisions with each other, never actually spoke directly to each other, and even cautioned the officers that they would not enter any discussions that could violate the sunshine law. The officers were very straightforward about this, and they made credible witnesses.

David Schulson, always a professional as well, immediately set up a meeting with Michael Satz after these depos, since it was a public corruption allegation. Basically, Mr. Satz ordered the trial, even stating that in his opinion it was the strongest sunshine law violation he had ever seen.

It is never OK to allow anyone to stand trial when overwhelming evidence makes clear that the people are innocent. Mr. Satz has a very bad record for pushing flimsy cases. "Letting the jury decide" has resulted in the conviction of many innocent people, like Anthony Caravella.

Everyday in Broward County, assistant state attorneys who have questioned the witnesses, researched the legal issues and done the work on a case get overruled by supervisors who have never seen the inside of the file. This is just plain bad management. In my case, the guilty supervisor, fittingly, was Michael Satz himself. These bad decisions always place the burden on the Judge, the wrong ASA, and the defense attorney. Judge Berman’s decision to DV the case was, of course, correct and inevitable, and I'm sure he knew that he would be criticized anyway. The hallmark of a good judge is the ability to do the right thing even when it may not be popular.

My clients, and their families, are very upset by this whole situation. This is understandable. More upsetting to me is that this sort of thing happens everyday. Mr. Satz will face serious political opposition for his position as State Attorney for the first time in his career in 2012. The people of Broward County deserve to have a choice.

Kevin Kulik

THURSDAY NOTES

2010-08-20T01:29:00Z

House foreclosure diffused - portions of the fifth and sixth floors of the old courthouse were temporarily closed Thursday morning, due to a bomb threat. The fifth floor was reportedly specified, leading observers to wonder if a soon to be homeless homeowner was making a last ditch effort to stay put ...

LAWSUIT! - Teresa Williams writes about her federal lawsuit against Lamberti, Francis and Wagers:

"Here is the complaint. The news will cover this tonight on channel 33 at 10 and channel 4 at 11. This happened 2 years ago and that SAO still has not presented this case to the grand jury. Now they want me to bring my client in and provide a sworn statement which I refuse to do because the time for that was 2 years ago. They have not decided whether they will speak with her “off the record.” BSO IA detective never interviewed her although she is an eyewitness, saying that she refused because on the night her son was shot they shoved a tape recorder in her face and she refused to provide a statement. They never called her back. When she called IA 4 months later, they didn’t want to interview her saying that the case had been referred to the State Attorney’s Office."

Getting to know you - discussions with Democrat Area Leaders continued Thursday. It's been an eye opener. A lot of these folks are looking for long overdue change too. It's really sad we ignored the O'Connor race and did nothing until the end, since it has become pathetically obvious that voters really don't know anything about judicial elections, and that the process is designed with that result in mind. Nobody's fault but mine, as they say. It's not all sadness though, since this has always been about Satz in 2012. The ropes we're learning don't seem that complicated, notwithstanding Tuesday's wildcards ...

Today's SAO brain teasers - 1.) How many times is too many to convict innocent individuals of murder?; 2.) Who would you rather work with: someone who hits a bicyclist and leaves, or someone who uses drugs?

Kevin Kulik for SAO? - that's what people are saying, after today's article in the Sun Sentinel. "Let's see how he likes being charged with something," was one quote that drew cheers, referring to the Bar Complaint his innocent client plans on filing against Satz.*

Mike Mayo took exception to Kulik's characterization of events, supporting the show prosecution and opining on his blog "(w)hen it comes to public corruption cases, (Satz) seems to be damned either way." Well, Mayo is right. Satz is damned either way on this one, after having let real corruption flourish under his nose for thirty odd years, while simultaneously earning the Florida record for sending innocents away on murder charges. It's one heck of a double whammy, in fact.

The truth is that innocent defendants are charged on much more serious cases than these misdemeanors nearly every day, and nobody cares.** Some of them are even convicted, as we've seen ad nauseam. It's only because this is a high profile public corruption case that the paper is paying attention in the first place. It's also true, of course, that ongoing corruption dwarfing Satz's nickel and dime/ancient history SPU prosecutions continues unabated. Nobody wants to talk about that either.

As far as Satz's anti-corruption spree is concerned, it's good to see the real bad guys among us finally getting what they deserve. But as far as lauding Satz for destroying all his old mates goes, no way. The transparency and cynicism of the whole thing is simply too nauseating, whether driven by his reelection concerns, Federal pressure, or both. Is there any reason why Satz couldn't just take his vested full salary pension benefit and walk away, instead of laying into everyone he knows to cover his own nearly seventy year old political butt? And will the whole thing backfire, since the political apparatus Satz has relied on all these years may understandably not be rushing to embrace him next time around?

So many questions where this guy is concerned ...

*It's believed the complaint will have to be lodged directly with the Governor, since Satz may have immunity from the Bar as a constitutional officer.

**Like the gem we stumbled upon today featuring a young man charged with a first degree felony punishable by life in prison who reportedly was captured on courthouse audio and video attending a restitution hearing during the time the event was alleged to have occurred. Stay tuned for more on this little beauty ...

THE JAABLOG MIKE MAYO CHALLENGE - the Sun Sentinel editorial board fully exposed its political third nipple with the O'Connor endorsement. There was absolutely no mention of the Jewish subordinate's discrimination complaint that was settled for $10,000, or the African-American's complaint. The existence of both was heavily publicized by the paper in the past, while the events themselves have never been explained to the public.

Mike Mayo, of course, isn't on the editorial board. He's famous and respected for his honesty and acumen. He's a straight shooter. And he also wrote some pretty scathing stuff about O'Connor in the past.

Let's get to the point. Does Mike think these issues are important? Does he believe Jewish, African-American, and other litigants have a right to know? Does he believe the JQC's investigation into the specific issue of whether she lied on her application suffices to clear the air as to the substance of the complaints? And does he personally think her performance on the bench warrants another term, regardless of who her challenger may be?

Lastly, will Mike accept the JAABLOG CHALLENGE and write about O'Connor before the election, editorial board be damned?

Buddy Nevins On O'Connor

" ... The first complaint alleged that O’Connor discriminated against a black supervisor for giving her more case work than nonblack section chiefs in an effort to set her up for failure ...

The second discrimination complaint accused O’Connor of picking on an employee because she was Jewish.

O’Connor allegedly gave the employee poorer evaluations and smaller bonuses than non-Jews ... "

Coming soon - Fun at the Cooper/Kessler's; Did individual JNC members have personal knowledge about the O'Connor complaints before her name went up?; State v. Dwight Isaac; "JILL LEVY ONLY"; Warren Stang and the Broward SAO.

Florida Courier: Black Voices From The Broward Bench

Pulp: Satz Reinvestigating Ritter's Role in $40 Million County Health Contract

Herald: 2 seek health contract at Miami-Dade jails (Finkelstein)

EVERYTHING'S COMING UP O'CONNOR ...

2010-08-19T17:00:00Z

Pulp: Businessman Says Political Contributor Bought Judge O'Connor's Allegiance

" ... Anyway you look at this situation, it stinks. O'Connor -- who has been dogged by past discrimination complaints filed against her while she worked as a federal prosecutor before being appointed by Jeb Bush in 2003 -- can say (Attorney Mimi) Sall's money and support had no influence on her decisions in the case, but the appearance is there. I can't imagine anyone in Littlejohn's shoes not feeling the same way he does.

"It's like Runway 84 on a busy night," says (Businessman Todd) Littlejohn, a veteran businessman in Deerfield. "If you walk in and give the maitre'd $100, they are going to seat you real quick. You don't do that, you got to wait like everybody else."

It's another piece of evidence to support the argument that electing judges is a mess that must be changed. We need a new system. Just looking at O'Connor's contribution list provides reason for that. She is backed by an array of powerful interests in town, including Wayne Huizenga, lobbyist George Platt's firm, lobbyist Tom Panza, Skip Campbell's downtown law firm, W. George Allen, attorney Fred Haddad, attorney David Bogenschutz, taxi king Jesse Gaddis, and attorney Bill Scherer.

It's the perfect storm to create the impression that O'Connor is nothing more than a front for the people who run this town. It would seem that an average Joe going up against one of O'Connor's well-heeled contributors in her courtroom would be at a disadvantage. That may be only a perception, but it's there, and it will always be there as long as O'Connor is a judge.

Isn't it bad enough they already have a lot of the politicians in their pockets? ... "

WEDNESDAY NOTES

2010-08-19T01:29:00Z

♫ ♪ ♫ ♪ Guv in an elevator ♫ ♪ ♫ ♪

DENIED! - the Governor's people firmly rejected our request to sit in on the judicial appointment interviews today, in professional and polite fashion. These guys are no amateurs. There weren't any compelling legal arguments to make either, besides the feeble "hey, the JNC interviews are open, so why not the Governor's too?". The most realistic goal we could set was to try and grab a picture of Charlie Crist and the six applicants together, who were understandably nervous as they waited. Staff members told us that wouldn't be happening either, but they were nice enough to let us wait downstairs for Crist's black Tahoe to pull up. It did after a few minutes, and seasoned pro Crist acquiesced for the picture seen above, while jokingly declining our direct pleas for a group photo.

We must have made some sort of an impression, since Crist's personal head of security came back down to say hi. Whether he was also determining for himself whether or not he had a potential Mark David Chapman on his hands, we can't say. In any event, for his trouble he was lectured on the need for more African-American judges, complete with references to three of ninety, our prior nagging of Crist on the issue, and the African-American population density of Broward. As for the interviews themselves, no word yet, although Nick Lopane was reportedly the last one called in to meet Crist ...

O'Connor's weaving - no, not from the surge of attention her past discrimination complaints are currently receiving on the trail, but literally weaving on the road. Her banged up Lexus has recently been seen drifting into a lane of traffic occupied by a local reporter type, and one filled by an Assistant Public Defender Wednesday. It's midday, obviously very distracted type of stuff, with cell phone conversations apparently going on as busy work and campaign schedules are met. Her stunningly unexpected endorsement by the Sun Sentinel also came today, without a single word regarding The Jury Duty Kid, her judicial application, or the complaints. Masterful work by her campaign staff, which must surely contain members of the Sun Sentinel editorial family ...

Obama at the Fountainbleu - unbeknownst to us the President made a pit stop in Miami Wednesday. We only found out about it after reaching some Broward Democrat Area Leaders via cell phone, who were waiting on "Barack" at the hotel. All of the Area Leaders were called after news of the gutless O'Connor endorsement came down, to make sure constituents who haven't already voted get all the facts. Luckily, many were up to speed already (Thanks, Buddy!), and some had advice as to how to best get the word out before next Tuesday. All of the ones we've spoken to thus far have been very open and friendly, although an invite to dinner in the Presidential Suite never materialized ...

♫ ♪ ♫ ♪ He's a Skol Man ♫ ♪ ♫ ♪ - here's the mass email regarding Peter Skolnik that Buddy Nevin's wrote about, and here's the mass email regarding the inmate sentenced to death by O'Connor who was freed by the Supreme Court. The forecast is breezy and warm, with a high chance of continued heavy spam ...

Coming soon - Which judge has reportedly told condo commanders to vote for O'Connor?; Is a Bar Complaint really headed Satz's way?; In support of Eddie Sanchez; Post August 24th reality - "Made" judges vs. judges yet to win an election; Party at the SOE Tuesday night; JAABLOG goes to jury duty (September).

JQC Order re Gibbs in Cohen v. Melnick

Retain Judge Lisa Porter for Circuit Court Group 47

Retain Judge John Luzzo for Circuit Court Group 24

Mayo: Legislature should make primary voting a September affair

Pulp: Donnelly Says Berman's Verdict Won't Affect Other Corruption Investigations

Prosecutors, public defenders win round one in Bar dues dispute

Attorney contests DUI Formal Review policy change in circuit court

How much Derek, Carmel, and Patrick make ...

SATZ DOES IT AGAIN

2010-08-18T15:43:00Z

Fred Berman disposed of the public corruption cases against two Coral Springs commissioners a few minutes ago via Directed Verdict. That's right, the cases were so weak a judge didn't even let them get to a jury.

Attorney Kevin Kulik has been keeping us abreast of this one. He fully anticipated a not guilty, as anyone would when dealing with the SAO's Public Corruptions Unit. The difference here is that Satz himself was informed of the flimsiness of the case, and personally made the decision to go forward.

Kulik gave some pretty strong quotes to the Sun Sentinel, who have been closely following the story. Let's hope they run them. In any event, he told us that his client will be filing a Bar Complaint against Satz, for violating a "legal, moral, and ethical obligation" to not go forward in the face of overwhelming evidence of innocence. Kulik also added that Satz's behavior was "illegal and dangerous," possibly driven by concerns of appearing weak on public corruption.

We couldn't agree more.

LOOKING FORWARD TO 2012

SS: Judge says there's not enough evidence to support sunshine law violation

"Immediately after Berman announced there was not enough evidence to prosecute Boccard and Powers, Powers' wife burst into tears, Boccard called the governor's office to get reinstated to the commission, and Powers' attorney threatened to file a bar complaint against State Attorney Michael Satz for having pursued the case at all ...

The public believed that Satz's office was "weak on public corruption and forced two innocent people to go to trial with no evidence," said Kevin Kulik, Powers' lawyer. "He refused to throw out the case when our clients were innocent. That's dangerous."

Powers added: "I was a police officer for 21 years. I am saddened and deeply concerned with the decision by some in this case to use the criminal justice system as a personal bully pulpit to carry out political agendas."

Pulp: Satz Reinvestigating Old Lieberman Case
(Satz files against Eggeletion after the Feds indict;
Files against Wasserman-Rubin on years old allegations;
Now focused on Lieberman on events dating from 2003)
MIKE SATZ WILL DO ANYTHING TO STAY IN POWER

Juice: Debra Steinsaltz, Broward Judicial Candidate, Relishing Skolnik Meltdown

*ALCEE HASTINGS ON TARGETING OF BLACK JUDGES*

TUESDAY NOTES

2010-08-18T01:29:00Z

Meet The Governor - Charlie Crist is in town Wednesday, interviewing six finalists for two open circuit seats in his Fort Lauderdale office. We're told they are not Sunshine Meetings, but we'll let you know what happens ...

What did she say? - "One minute you’re an advocate, then the next minute you’re not anymore. It takes some time to move from being an advocate to being the neutral arbiter. It’s not something that just happens overnight. As time goes by, you become more comfortable with your role, and I think the longer you’re there, the better you are at it."

That's Eileen O'Connor in The Daily Business Review. Is she saying she couldn't help but to act as a prosecutor when she first started on the criminal bench? Is this enough to open up some of her earliest cases?

JAABSPAM - who is Herman Lindsey? Click the link for the answer, or check your spam folders ...

Richard Entriken's accused killer - set for trial Monday ...

JQC responds to Catalano - Motion For Protective Order.

Coming soon - ALL SATZ, ALL THE TIME (starting August 25th): The Widow Wilson; Fleet 1, Satz 0; Who is Terri West?

Maucker has stones (who knew?) - the Sun Sentinel has endorsed two challengers to sitting judges thus far. But what will they do about Eileen O'Connor?

Rafilovich would bring welcome change to Broward County bench (Mayo's Revenge)

Steinsaltz gets nod to unseat incumbent

Rebollo the choice in Group 22

Editorial Board recommends Judge Rodriguez in Group 6

Judge Pratt deserves to keep her Group 13 seat

Merrigan deserves the nod in County Court, Group 4

Williams brings experience, diversity to the bench

McCarthy brings diverse credentials to Group 23 seat

Destry the choice in Group 15

Robinson clearly the choice in Group 14

Editorial Board recommends Judge Hurley keep his Group 12 seat

Gillespie well-qualified for Group 2 seat

GQ: Keith Richards Interview (2008)

Q: "At Mick's gayest, how gay was he?"
A: "It was camp ... I really have no idea if anyone ever shoved it up the shitter."

Pulp: Police: Judicial Candidate's Tires Slashed While He Campaigned

Pulp: When Campaign Consultants Attack

BBeat: Light Voting Spells Disaster For Black Candidates?

Juice: Suspicion Cast on Judge Skolnik's Accuser; Webmaster Now Under Criminal Investigation

NYT: Forget High Tech, Jurors and Judge Stick to Notes

Gainseville Sun: Florida's minimum mandatory laws produce uneven sentences

DBR Commentary: Crist has appointed few African-American judges

DBR: Black bar endorsements prompt criticism from Hispanics (Miami)

SS: Suspended Coral Springs commissioners' Sunshine trial starts
(The jury returns at 10:30 AM Wednesday to deliberate before Fred Berman)

SS: Report faults South Florida schools on educating black males

The Schott Foundation for Public Education claims in its "Yes We Can" report that Broward County is third on the list of the five worst-performing districts (nationwide) with large enrollment of black male students ...

SATZ'S ANSWER: "LOCK 'EM UP!"

*SS: Satz set to lose yet another murder conviction on appeal*

"We pursue cases like this because we believe, in good faith, that the evidence establishes guilt beyond and to the exclusion of every 'reasonable' doubt," (Chuck) Morton said in (a) statement."

NEVINS WEIGHS IN ...

2010-08-17T20:50:00Z

BBeat: Skolnik and O’Connor

"Circuit Judge Eileen O’Connor is getting a pass ...

On her March 6, 2003 application to be appointed judge, O’Connor was asked if she had ever been accused of misconduct or the subject of a complaint “with any regulatory or investigatory agency, or with your employer?”

O’Connor answered: “No.”

She was not telling the truth and it resulted in a complaint to the Judicial Qualifications Commission ...

The first complaint alleged that O’Connor discriminated against a black supervisor for giving her more case work than nonblack section chiefs in an effort to set her up for failure ...

The second discrimination complaint accused O’Connor of picking on an employee because she was Jewish.

O’Connor allegedly gave the employee poorer evaluations and smaller bonuses than non-Jews.

This discrimination complaint was settled with a confidential agreement ... "

VOTERS DESERVE TO KNOW THE FULL STORY

FRIDAY BONUS

2010-08-13T19:10:00Z

Cohen v. Melnick - an unofficial transcript of the recorded calls of inmate Stephen Gibbs has come our way. Here are the portions Team Cohen reportedly are relying on:

Recording #8: call with girlfriend:

Florence:   so what about, today. Your mom is going down to…..

Steven Gibbs:   He [Melnick] called her at 8 am and told her to come in around 11. So he is switching to another judge, he doesn’t like that judge [Cohen], he is switching to a judge that he fucks with. A judge that can favor me. He has been in the game for a long time.

Recording #10: call with female:

Steven Gibbs:   my mom spoke to the lawyer. She gave him a stack down, I think it was $4000. Once I get home he will drop it down. What he intends to do is transfer me to a different judge, if I go with that judge, his judge, things will be ok for all of us, if you catch my drift. I may have to stay here for a few more days and miss my NY flight.

Recording #14: call with mother:

Think positive mom. Believe my guy. The paper I signed is for me not to see that judge. The judge that doesn’t work with him. So the judge that works with him, he is transferring to, he has already been on the phone with him, they have been leaving messages for each other. Like if I call you and you are not there and I leave a message for you. And you call me and I am not there and you leave a message. So I know that they have been talking.   So they are going to fix everything. Make everything, to reinstate the probation and drop the charges. And do the probation, pay the state a little.

JAABLOG says: NOT ENOUGH. While no one will accuse us of being anywhere near David Bogenschutz's league regarding the technical aspects of lawyering, the area of disqualifying judges is one we're pretty darn good at thanks to Eileen O'Connor, the "Jury Duty Kid", and Judicial ApplicationGate. We've filed loads of these, leading us to believe that the above quoted language is more indicative of a confused, overly optimistic inmate who may also be puffing to put his family at ease. What do you think?

As far as other developments, we're told that the detective who pulled the tape while investigating Gibbs' Fleeing charges only mentioned the potential forum shopping issue to ASA Penn Farrington in passing. As far as the detective is concerned, that was reportedly the extent of it, although we can't tell you if Farrington or the SAO went any further with it.

This one is shaping up to be a real nasty slugfest, with the JQC caught in the middle ...

Guess who's coming to lunch? - rumor has it that Charlie Crist will be in town next Wednesday, personally interviewing the six finalists vying for two empty circuit court seats. We'll try to confirm, and find out whether the interviews are open to the public via the Sunshine Laws.

THURSDAY NOTES

2010-08-13T01:29:00Z

PSCC Reunion - the PSCC met for the first time since February Thursday, with a fully recouped Henry Mack at the helm. It was also the first meeting held over at BSO's Public Safety Building since Vic Tobin sounded the death knell for easily accessed Sunshine Meetings in the courthouse. The brass in attendance seemed kind of grumpy about having to drag over to 26th and Broward in the middle of the afternoon, but that feeling was long gone when the meeting broke well before 5:00 PM and everyone realized they were that much closer to homes in places like Plantation and Parkland.

The meeting was uneventful, since Tobin was in an easy going mood. The usual good natured tension between Uber Bondsman Wayne Spath and Pretrial Release Honcho Kristina Gulick was in play, and plenty of jokes between old friends Spath, Tobin, and Howard Finkelstein made everyone laugh. Other courthouse notables on scene included Carole Ortman, Sharon Zeller, Pete Corwin, Howard Forman, Barry Butin, Chuck Morton, and Terrence Lynch. Zeller reminded us to follow up on our long ago proposed meeting regarding video link-ups, fax lines, and other user friendly improvements for the satellite courthouses, which we'll be sure to do.

The main debate had to do with speeding up case filing and potential case resolution, since the PSCC is charged primarily with reducing the jail population. Tobin led the charge, referring to federal studies which recommend obvious procedures long in use in Miami and other places. He wants inmates to be released with arraignment dates in hand, which would in turn encourage earlier case filing (and save postage costs associated with mailing notices), with discovery delivered electronically or otherwise at the arraignment date. Currently, of course, arraignments are set after the SAO files charges, with discovery coming some fifteen business days later.

Finkelstein wondered if the SAO could make decisions regarding whether or not to seek or waive the death penalty earlier in the game, which would save a lot of attorney resources. Morton disputed any delays in this area, explaining that unlike in other places, these decisions are not made by committee, an obvious reference to the nearly seventy year old Satz's keen interest, sending a shudder down a spine or two. Finkelstein also asked if the SAO could dump minor tag along cases when defendants are already sentenced to long hitches. Morton told us later that ASAs are encouraged to approach their supervisors, and that there are already procedures in place to remedy these situations. (Don't worry, we'll be revisiting this area soon)

Forman said the Clerk's Office will be debuting the Odyssey case management system in Felony soon, around November or December. Morton also spoke of the SAO's ongoing electronic efforts to receive police reports from various departments, and regarding computer transmitted NTAs and No Infos.

The last major topic of discussion was the proposed massive ten percent budget cuts that all stakeholders believe will be delivered by the legislature soon. Tallahassee expert Ortman confirmed a major cutback was indeed coming, likely to be exercised at the end of December ...

PSCC fun facts - did you know that county (misdemeanor) probation officers each carry an average of two hundred and forty supervisees? And did you know that Conroy Thomas is the Broward County jail system's most senior resident? He's called the jail "home" for nearly five and a quarter years ...

"I pledge allegiance to the flag ... " - remember when Eileen O'Connor used to insist that everyone in the courtroom recite The Pledge after making her grand All Rise entrance? Weird stuff, but not as weird as the uncanny change court personnel would undergo after being assigned to O'Connor's criminal division. Even the nicest people in the world would inevitably end up being tense and nasty after only a few months. Was it something in the water, or something entirely different?

Cohen v. Melnick update - Dale Cohen's attorney Mike Catalano successfully took jail call defendant Gibbs' depo Thursday. A JQC rep was in town for both Gibbs' and Jeff Levenson's testimony, who was on hand in relation to Mardi Cohen's impersonation of JAABCAM (she photographed Steve Melnick in his courtroom). Apparently Levenson has absolutely no problems with photos being taken in court, pursuant to the rules of judicial administration.

As far as the bombshell Catalano filed Wednesday, we'll try to connect some of the dots. It turns out Cohen had absolutely no knowledge of the tape when he called his wife to the stand on Melnick's disqualification motion. The hearing was held, and the transcript eventually made it to JAABLOG, where it was read by JQC reps up north. The JQC then initiated their own complaint, prompting Cohen to hire Catalano, who promptly gained access to all of the SAO's files on Gibbs through public records requests. Lo and behold, on a separate case a police detective had ordered Gibbs' jail calls during an investigation, allegedly containing the statements concerning Melnick. The detective then contacted now retired ASA Penn Farrington, reportedly concerned about forum shopping issues, although the discussions seem to have ended there, without Melnick ever being contacted or apprised of the situation.

There's supposedly a lot more coming out on this one, so buckle up ...

Coming soon - Matchmaker, matchmaker: wouldn't septuagenarians Sue Gunzburger and Mike Satz make a cute couple?; MORE AND MORE JAABSPAMS JAABSPAMS JAABSPAMS JAABSPAMS JAABSPAMS JAABSPAMS ...

Juice: Judge Skolnik Campaign Controversy Now Includes Allegation of Death Threat

*Lloyd Golburgh TV Commercial*

Grimm: Is it `Stand Your Ground,' or get out of jail free?

SS: New ethics code going into effect Friday (Satz's lips are still moving!)

*Lewis Tein lists "FL Circuit Judge Eileen O'Connor" as a client*

THAT GODDAMN BLOG!