JAABlog

JAABLOG WELCOME

2012-05-25T01:30:00Z

LEAVE ALL FIELDS BLANK IF YOU WOULD LIKE TO POST YOUR COMMENTS ANONYMOUSLY
(except the security code; it stops spam, and is the only required field)
comments containing curse words will not post

JAABLOG Presents:

Dining With Diaz!

THURSDAY NOTES

2012-05-25T01:29:00Z

Wooddell's woes continue - more trouble for former BSO Deputy Brent Wooddell. The SAO has filed a second Motion To Revoke Bond, after Wooddell got lucky the first time. Apparently he's now picked up a Leaving The Scene Of An Accident. There could be more allegations, so we'll be sure to follow-up after tomorrow's bond revocation hearing ...

Justin Medlin update - fire fighter Medlin has been offered probation by the SAO, after all hell broke loose surrounding allegations of juror misconduct. The deal reportedly involved a large cash payment to compensate the victim for injuries suffered, but last we heard negotiations broke down over the SAO's insistence on an Adjudication. A check of Odyssey shows the case has landed in Lisa Porter's lap, which probably means Cindy Imperato granted the previously filed Motion To Disqualify (we can't confirm until the court file is checked). The allegations of juror misconduct will likely now be explored further, unless Medlin grabs a sweetened SAO offer in lieu of continuing his battle for a new trial ...

Facebook friends - Denzle Latty is getting some play with the Fourth DCA, after reportedly moving to disqualify Andy Siegel from a case with SBU ASA Nicole Alvarez for being friends on Facebook. We're getting this one even more second hand than usual, but there are apparently some interesting issues being raised. If time allows after reporting on Mary Robinson's and Bobby Diaz's whereabouts and lunch choices, we'll take a peek at the file and let you know exactly what this one is all about ...

"Too much flak from the candidates" - that's the reason given by a Supervisor of Elections' employee earlier today as to why candidates' Disclosure of Financial Interests forms are no longer posted on their website. Unlike the Division of Elections, which handles circuit court filings, Brenda Snipes caved in to pressure from local politicos, who apparently don't like Florida's broad Sunshine Laws when it comes to their own personal business. In any event, it's quick and easy to get them if you happen to be in the Broward Governmental Center, and only fifteen cents a page (did you hear that Mr. Forman?). We pulled Bobby Diaz's today, listing a net worth of $326,319, mostly consisting of a $300,000 house in Wilton Manors, a $90,000 condo in St. Petersburg, $35,000 in securities, a Ford Explorer, and an old Cadillac CTS (before deducting liabilities, of course). His moonlighting at Nova Law School as a part time teacher brings in $2,000 a year, on top of the $130,632 listed as his judicial salary. Not a bad haul, considering the cushy hours ...

Just a rumour - the murmurs regarding Roshawn Banks quitting her quest for the county bench are simply not true. Rumors got started after mutual friends of Bobby Diaz and Banks put a ton of pressure on her to bail in favor of the incumbent, but it got them nowhere. Banks tells us she's more committed than ever, busy making the rounds on a daily basis. Well done!

"A Legacy of Justice" - the smarmiest campaign slogan since Eileen O'Connor's "Vote With Honor, Vote O'Connor" debuted this week, on a slickly designed Dale Ross mailer. The snarling pit bull of yesteryear has been magically transformed into a cuddly old man via a series of staged photos, featuring a shot portraying family bliss including daughter Stacy Ross and husband Al Ribas, one with three similarly height challenged police officers, and one of Dale explaining something to an African-American woman who is definitely not wearing handcuffs. Apparently anything goes in politics, although whatever Ross has left behind, it certainly is fair to call it a legacy of sorts ...

New JAC rates - courtesy of Rumpole, here is a PDF from FACDL ...

Coming Friday - Leading by Example: Will Mary Robinson make it four half days this week? ...

Thomas Daugherty's homeless beating murder conviction affirmed

Teah Wimberly's murder conviction also affirmed

Finkelstein v. Fuller

PBSO deputies violated rights by demanding blood tests in DUI cases

Duval court clerk can't run again because of term limits

WHERE'S MARY ROBINSON?

2012-05-22T14:59:39Z

Not in the courtroom she's assigned. It was locked when checked at 10:41 a.m., apparently for the day. Robinson is still in the building, however. A check of her assigned office space a few minutes later found her talking with her JA and Deputy Seymour. When asked whether the judge was done for the day "court-wise", the JA meekly muttered "I don't know" with the judge standing right in front of her.

As for Bobby Diaz, he had a jury panel walking in at 10:42 a.m.. We're told it's one of those patience trying pro se litigants, so we'll be checking back for sure ...

MONDAY NOTES

2012-05-22T01:29:00Z

            Envelope stuffing party with family and friends!
            (From Bobby Diaz's election Facebook Page)
             (Thanks to Diaz on Facebook @ 12:12 AM)

Robert Fabian Diaz - check out Diaz's Bar Profile here, and his resume here. He was only a lawyer for roughly seven and a half years before getting appointed. Did his relative lack of experience somehow contribute to his later troubles with the JQC? It's hard to say, since plenty of more seasoned souls have gotten into trouble after taking the bench, although anonymously threatening a judge via email is in a class all its own. In any event, if you want to get in on the envelope stuffing fun too, you better hurry. There's only six more months until November ...

Oops, she did it again - Mary Robinson took the bench some forty-seven minutes after her 8:15 a.m. scheduled start time for arraignments again Monday. At 9:02 a.m. cell phone time we all rised, and sure enough a young lady was again turned away, this time for being roughly eight minutes later than Robinson's forty-seven minutes of tardiness. Another pro bono notice of appearance was filed (after the Bar confirmed solicitation rules don't apply for services gratis), following some very salty words from Robinson regarding our presence. In fact, Robinson started in even before the late arrival, and reserved some shots for later in the proceedings, most of which are captured on courtroom audio. Despite objections the record was paused for some of the best stuff, so the transcript we'll be posting shortly won't be complete. In any event, today's refusenik also said she felt she was being kicked out of court, leading us to believe that no matter what terminology Robinson or her staff are using, confused litigants are feeling the pressure of massive displays of authority no matter how you slice it ...

Hey Adria - why won't you return our call(s)? Shouldn't a Chief Branch Discipline Counsel uphold the standards expected of every other Florida Bar Member? Sure, we may not be a client, but our dues help pay your salary, just like all the other Members In Good Standing. Leaving all those messages is growing wearisome, and we're starting to think you just don't want to answer our questions ...

Wednesday, June 20th @ Noon - Peter Weinstein is calling an all judges/magistrates meeting to discuss new JAC Registry procedures, new building updates, and "any other important issue you wish to bring up". The location is still under wraps, with strict security provided by Charlie Greene and his "not for publication" security team ...

Coming Soon - Musical Chairs: 2013's big judicial shakeup coming in January; How much is Bobby Diaz worth?; Did Attorney Diaz use cannabis?; SAO Candidate Debate format; Would you want to be judged by a judge who cheated on their spouse?; Back to Basics: Satz and Ross.

Former ASA's JNC interview to be held at Dunkin' Donuts ...

New law allows domestic violence cases to proceed, even without witnesses

NYT: Doctors Seek New Approach for Jailed Addicts

'10-20-Life' empowers prosecutors but handcuffs judges, juries

No tweeting, etc. makes it into jury instructions

                Man of the People

Satz and Chuck Morton at the Alpha Phi Alpha Fraternity, Inc
       Men Of Tomorrow Scholarship Banquet

JANE, YOU IGNORANT SLUT!

2012-05-18T01:29:00Z

A heartfelt Thank You! goes out to Rumpole in Miami, for his coverage of this week's Mary Robinson arraignment fiasco, and today's Mr. & Mrs. disqualifications. The nice words are found here.

Pay special attention to Rump's comments section, particularly the long one by Anonymous at 6:19 PM, printed here in its entirety:

I think the recusals were likely entered because of this post on the Jaablog:
http://jaablog.jaablaw.com/2012/05/15/wheres-mary-robinson.aspx

You'll note from the URL that the post was originally titled "Where's Mary Robinson?" The original post (since changed): "Not in court, and her JA's voice mail states the office is closed for the day. Bobby Diaz is set to hear a trial in her assigned courtroom instead.

"Here is the 2006 Administrative Order on annual leave for judges. In light of absences on the county criminal courts, we think it's about time to start counting the days ..."

That, of course, didn't happen, so Bill posted the sarcastic, mean post without realizing the judge's brother-in-law died. The departed was the brother of Michael Robinson, a circuit judge and Mary's husband.

Previously, on April 30, Gelin posted the following: "[C]ourtroom staff, busy lawyers, and litigants have been empowered by ... the JQC when it comes to dealing with perennially late judges. Check out the recent Stipulation between Marion County's William Singbush and the official judicial watchdogs... Precedent has now been set, which means some of Broward's main offenders (the unpopular ones, of course) better start showing up on time."

Fast-forward to May 14, the day before the "Where's Mary?" post: "Broward County may have its first test case following JQC. v. Singbush, courtesy of Mary Robinson. A scared and irate woman set for arraignment today in Robinson's courtroom is looking to file the complaint."

That's Bill Gelin threatening a JQC complaint. I don't find it plausible that a criminal defendant happened to have knowledge of a recent JQC proceeding in Marion County, then mentioned to her new pro bono lawyer that she'd like to act on the precedent.

So, we have a lawyer A) threatening her with a JQC complaint, and attacking her for her lack of perfect attendance after her brother-in-law died. I think that would instil enough animus in a jurist to create the appearance of impropriety should Gelin not get rulings his way.

By the way, for those who seldom venture north of the border, you should know that Gelin only targets judges that don't give him what he wants. Robinson is a good judge. She sets all of her MM arraignments Monday at 8:15. The State is ordered to have written plea offers extended to every defendant, represented or not. She takes the bench at 9:00 so the PD has time to meet with clients, explain offers, and do plea paperwork. She's not late because she's lazy or hungover; she's trying to move cases.

Whether the comment is judicially motivated or not, it does bear some valid points that need clarifying, as well as some downright false ones that need to be called out.

First off, the rush to judgement in Mary's absence Tuesday was wrong. It was too easy to check Mike's courtroom as well before pouncing, to see if something familial was up. The old guard county criminal bench may deserve its reputation for preferring darkened and locked courtrooms to those open for business, but co-starring in a boy who cried wolf moment was not our intent. It was a mistake, but it was still wrong, and we apologize to the Robinson family. Categorizing it as an "attack" however, is just plain disingenuous.

As far as threatening a JQC complaint, well that's not true either. The woman in question (a former client) was so irate and scared, we first brought her to Peter Weinstein's office for a consult. The office was closed, and a text message with the Chief Judge's son confirmed vacation days for the Boss. The next stop was Sharon Zeller's office, Robinson's direct supervisor. Zeller's office was also closed due to vacation. A discussion was then held which described the JQC process, since the other avenues for redress were blocked. The woman confirmed her interest in going that route, and left. We called the JQC later in a failed attempt to see if Singbush would apply, without mentioning names, and left it at that. Outside of the blog post stating the woman's interest in filing a complaint, it's anybody's guess as to whether or not the JQC is now involved. Hardly a threat, and hardly out of bounds for a lawyer to explain to a client or member of the public the JQC process, no matter how much judges may wish to keep it secret.

The last paragraph of Anonymous' comment is the most egregious. The Blog has indeed pounded many judges, elected officials and prosecutors, and they've all deserved it. Satz, Gardiner, Aleman, Massa, Tobin, O'Connor, and Ross are names that most readily come to mind. Others have made isolated or repeat appearances when they step out of line, but for the most part the bloglight has shone brightest on relatively few. To say the Blog "only targets judges that don't give him what he wants" is plain and simply a big fat lie. Similarly, the praise of Robinson is misleading, since the blogpost that caused all the controversy was primarily concerned as to why Robinson would take the bench a full forty-five minutes after the scheduled start time, and then refuse to hear cases for people who showed up just as late. And lest we forget, Anonymous, if Robinson is only "trying to move cases", why would she send people away to reset their arraignments while court is still in session ?

Long time readers will recall our recent extended break, and may be enjoying our more recent renewed energy. The truth is we were bored bored bored, and disappointed with ourselves for turning a blind eye to the hijinks of judges who were popular with many lawyers, easy on sentencing, yet still wildly inefficient and inflexible. That's changed now, no matter how many enemies we may make. Precedent has indeed now been set, so sharpen your poison pens, particularly if you think Bobby Diaz and Mary Robinson don't have it coming. While you're writing, we'll be watching and reporting, while the judges under scrutiny will be spending more and more time where they belong: on the bench.

*CORRECTION* - Gardiner's final hearing in Palm Beach is set over two days, starting Thursday, August 16th at 9:30 am, and continuing Friday, August 17th at 9:30 am. Rumor has it a chartered bus will be leaving from the Central Courthouse, for a nominal fee ...

Coming Soon - This month's trial stats report.

NYT: A Judge’s Plea for Pot

Koepke, Dodge, and ... Costanzo

THURSDAY BONUS

2012-05-17T19:48:00Z

Broward has its very own juror misconduct brouhaha brewing, a la Palm Beach's not good Goodman mess. The case is State v. Justin Medlin, which was tried not so long ago before Cindy Imperato by Eric Schwartzreich and Marla Chicotsky. The State's star witness was former Dolphin Tyler Thigpen, who witnessed fire fighter Medlin toss a flashlight and cause serious injuries to the victim. Intent was obviously the issue, but the jury came back guilty, and now first offender Medlin is facing serious time.

The juror misconduct issues arose when the defense learned a court deputy had informed Imperato the jury may have been predeliberating the facts of the case. Apparently the judge didn't tell lawyers for either side, which meant the allegations couldn't be aired in open court. The defense filed a flurry of motions for a new trial and to interview the jurors after learning about the possible predeliberations, and a long hearing was held this morning in front of a courtroom packed with Medlin's supporters. We weren't there, but discussions of disqualifying Imperato and renewed requests to interview jurors were reportedly made. In the end everything was tabled, until the court deputy could be deposed this afternoon.

Defenitely developing ...

And speaking of disqualifications - neither Mike or Mary Robinson wants to hear our cases anymore. Both judges entered sua sponte recusals this morning, following our reporting of Mary Robinson's tardiness on Monday, and refusal to hear cases of similarly late Defendants. Is it simply a personal pride issue, together with spousal loyalty? Is it because of possible JQC scrutiny? Or has the Florida Bar received some judicial gripes of late? Stay tuned, it could get very bumpy indeed ...

First Chipotle, now Zona Fresca:
Bobby Diaz, Gourmand ...

WEDNESDAY NOTES

2012-05-17T01:29:00Z

Are you a racist? - if you work in the criminal justice system and are not trying to fix the glaring problems of selective enforcement and double standards of justice, you just might be. But heck, don't beat yourself up. Everybody needs a job, right? And who cares if future generations throw around words like "barbaric" and "senseless" when discussing our prevailing failed drug policy?

Now that the preamble is out of the way, check out today's Palm Beach Post article about Barry Cohen, if you haven't seen it already. The Fifteenth Circuit's pretend interim State Attorney is trying to get Cohen booted off all criminal cases, for daring to state the obvious while still wearing his robe.

Here's a sample of what the PB SAO finds so offensive, followed by a great retort in defense of Cohen by Gary Farmer:

"There is something very wrong in a criminal justice system and every day I look (at defendants) and see faces of young African-Americans and they have two things in common: their race and their lack of money," (Cohen) is quoted as saying during a hearing in a 2004 misdemeanor case. "I don't mind that the fact I am saying this in a public courtroom to be noted by anybody. And I am not afraid to be an activist judge. Our system is totally out of kilter." ...

"I think it's a bunch of hooey," (Farmer) said (about the Disqualification Motion). "The state of Florida is saying it fears the outcome of justice in one of its courts? It's utter nonsense."

Make sure to read the whole article, and then ask why no one can remember a Broward jurist publicly taking exception to the issues presented, in a county where African-Americans have traditionally been sent off to prison at twice the rate per capita of Palm Beach and Miami-Dade ...

See Also - Verified Motion For Disqualification (PDF); Wrong fight, wrong judge; Scary silence on threat to Palm Beach County justice system.

Fun with the Fourth - a couple of interesting opinions today. Bruce Raticoff got a big "I told you so" over Paul Backman on a First Degree Murder case, and Moms everywhere got the shock of their lives just a few days after Mother's Day, with the appeals court ruling they don't have jurisdiction over their kids' stash boxes. Just leave the laundry outside the door Ma, and how about baking some cookies for me and my friends?

End of an era - Ginger Lerner-Wren taking over courtroom 343, Stan Kaplan's old digs. Lawyers beware, the box of number two pencils used to silence chatter remain behind ...

Coming Soon - Is Marina Garcia-Wood switching divisions?; Ready for trial! - how many DUI task force cases will fall in Deputy Kelliher's absence?; Will Bill Scherer have to sit out the Greenhawt interviews too?; BACDL DEBATE! - Satz, Mancini, and Lewis: July 10th, Main Library ...

Volusia becomes the fifth county in Florida with a DUI Court

Judge Stewie on duty ...

TUESDAY NOTES

2012-05-16T01:30:00Z

FRIDAY, AUGUST 17th @ 9:30 A.M. - that's the new date and time for the final hearing in Florida Bar v. Gardiner. David Crow's Order continuing the trial is found here. It lays out all the operative dates, like the closing of discovery on July 26th, and the filing of the hotly anticipated witness lists on July 5th. You can also check out the previously granted disqualification motion here, which got Sheree Cunningham out of the political hot seat, and put Crow in. Do the references to something called "no contact" contacts tip Team Gardiner's hand regarding the defense? And was David Bogenschutz's decision to disqualify Cunningham a sound one in hindsight, considering the ultra-soft punishment she ultimately recommended for Scheinberg? Stay tuned ...

Scheinberg stuff too - here is the Report Of Referee in Florida Bar v. Scheinberg, thanks to Anonymous at 9:41 AM. Lots of people are clucking about Scheinberg's wisdom in appealing the one year suspension, since the Supreme Court could and should lower the boom with much greater conviction. The sections concerning Brian Cavanagh's candid responses to questions concerning the lack of disclosure as it related to a new trial and the "impressive character witnesses" inability to help calm the Referee's concerns are most powerful. Definitely a must read for anyone interested in truth and justice, or testifying on behalf of Gardiner ...

JNC interviews - the remaining interviews for Susan Greenhawt's spot are set for May 29th. Those interviewed for Judge Scherer's spot are still in contention, but they won't have to appear again. Only the ten folks who want the circuit seat who didn't try for county will face the panel. The schedule is here.

JAC Concerns - lots of fear and rumors over the new slash and burn court appointed rates. It's not all about the paycheck either, considering the outrageous election year $350.00 an hour expert rate the SAO is paying a Stanford professor in the Wayne Treacy case. Will indigent litigants represented by private practitioners be able to compete with deep pocketed government agencies after the changes take hold? Wait and see ...

Judge Belvin Perry opposed by ex-judge he complained about to Bar

A lawyer arguing before the Fourth DCA a few weeks ago
(Broward Central Courthouse)

COURTHOUSE LOSS

2012-05-15T13:04:32Z

There's a very good reason why Mary Robinson isn't in court today, and a very sad one. Her brother-in-law, Mike Robinson's brother, has passed away.

More information to follow and God Bless ...

DO AS I SAY (NOT AS I DO)

2012-05-14T16:20:00Z

Broward County may have its first test case following JQC. v. Singbush, courtesy of Mary Robinson. A scared and irate woman set for arraignment today in Robinson's courtroom is looking to file the complaint.

The trouble began shortly after 9:00 a.m. this morning, when the accused showed up for her hearing. BSO Court Deputy Seymour blocked access to the public courtroom, stating anyone showing up after 9:00 a.m. had to go to the Clerk's office to reset their court date. Arraignments are set at 8:15 a.m. it was explained, meaning people forty-five minutes late or more won't be heard. One little fact the Deputy left out? Observers told us Robinson herself didn't take the bench until after 9:00 a.m, making the judge at least forty-five minutes late as well, which is when we're told she usually shows up for 8:15 a.m. dockets.

Enter your humble author, who at least secured entry into the public courtroom for the woman in question. Then at 10:20 a.m., she called to explain that she had been told again that her case would not be heard. Court was still ongoing of course, and the courtroom was full of people waiting for their cases to be called. At that point we returned and filed a pro bono Notice of Appearance to help the bewildered and capias concerned citizen, after some very angry and seemingly contradictory remarks from the bench in response to our questions regarding the judge's policy concerning late arrivals.

A call to Robinson's office not too long ago confirmed there is a policy, despite Robinson's refusal to use the "p word". Remarkably, the J.A. stated that unless she happens to be downstairs picking up mail and communicates to the courtroom that there are delays or long lines at security on any given day, Defendants arriving after 9:00 a.m. must reset their cases with the Clerk or get a warrant. However, when questioned about Robinson's typical arrival times, the JA would not provide any information.

So there you have it. A massive dose of callous indifference to the plight of litigants who can't afford private attorneys, with what looks like a massive dose of hypocrisy to boot. We'll be checking in to see how often arraignment dockets are followed by morning trials too, to see if there's a rational basis to clog the Clerk's office with resets. Lastly, it's time to follow up on the Strawman case as well, which involved a young man also evicted from Robinson's courtroom on his arraignment date ...

Coming Soon - Where's Mary Robinson?; Guess who's Relief 1 again?; Public Records Requests Mania!; Gardiner, Gardiner, Gardiner ...

*UPDATE* - Where's Mary Robinson? - not in court this afternoon, whereabouts unknown. Bobby Diaz, "Relief 1" himself, was covering. As far as the brouhaha in the comments section concerning the blocking of the courtroom, keep it up. It's always refreshing to know someone is reading, and debating. The fact is both sides are right. A quick call to the accused in question confirmed she did in fact make it into court, only to be booted out because she was late. It was after her dismissal to Room 130 to reset her arraignment that we happened upon her and Deputy Seymour outside the courtroom doors. For what it's worth, both your humble author and the Defendant are convinced she wouldn't have been allowed back in but for our presence. So, which is worse? Not being allowed in in the first place, or being booted out for being "late"?

You make the call ...

THURSDAY NOTES

2012-05-11T01:29:00Z

Your new State Attorney is ... hopefully Chris Mancini or Jim Lewis, but if not it just might be Mike Dutko. That's the strong rumor for 2016 anyway. Stay tuned ...

Unsave the date - May 24th may not be the most exciting day since Gardiner went down afterall.  The disgraced former judge's defense team has filed a Motion For Continuance of her bar license trial in Palm Beach. Tallahassee says the motion was filed April 30th, but referee David Crow and Bar Prosecutor Jenny Moore have yet to call back to confirm new dates. Now that the scrawny appetizer trial is over, everybody's looking forward to a real meal. Check back for the new date uncertain, witness lists and everything else we can lay our hands on in preparation for ThankGoodness Dinner ...

PSCC - the Public Safety Commission met this afternoon for its quarterly hoo-ha. They'll reconvene in July. It's the same snooze-fest since Vic Tobin successfully thwarted regular blog attention a few years back, by screwing with the meeting's location. The only thing that's different is everybody seems much older. Still, PSCC provided a few nuggets of information, like the upcoming legislatively ordered JAC changes effective July 1st. Apparently one judge will be appointed to handle every single case when a court appointed lawyer puts in for fees above the JAC cap. Additionally, Peter Weinstein said a whole new court appointed registry will probably have to be created, following further statutory changes which drastically reduce current SPD rates on darn near every single court appointed case. And all on the same day when Marty Bidwill sent very positive vibes Ira Still's way, after hearing the kicked-back Destry v. Still fee dispute Thursday morning. According to observers, Bidwill has taken the issues under advisement with little flak from the JAC, so it seems likely he'll rule Still earned his JAC approved rate of seventy-five dollars per hour. Unfortunately, defense lawyers may have to count this one as the last major victory in a losing war ...

Introducing the all powerful John "Jay" Hurley - thanks to Barry Butin, we've got news of Florida's First Appearances judges new-found omnipotence. Check out the recent Supreme Court amendment to Rule 3.130, giving presiding magistrates the ability to release alleged VOP/CC offenders in certain cases. More good news in the fight against senseless incarceration and recidivism ...

Coincidence? - thanks to "DW", we all got a lesson in county to circuit appeals May 2nd. The next day, Sharon Zeller announced via email a county court judges general meeting to be held May 31st at noon. On the agenda, if you can believe it, is an item titled "County to Circuit Appeals/Writs". Coincidence or not, a definite Well Done! is in order. It's certainly about time county court litigants in Broward got a fair shake too, don't you think?

JNC interviews - no decision yet as to who may be replacing Lisa Von Tefs. We're all waiting with baited breath, of course. In any event, there is some talk as to whether Rick Scott will wait until the names to replace Susan Greenhawt are also submitted, before making both appointments.  A political two birds with one stone approach, if you follow. The applicants who put in for county were notified yesterday that no additional interviews will be necessary, but we're still waiting to hear back from JNC Chair Terrence O'Connor as to whether or not the handful of new applicants for Greenhawt's circuit spot have been snubbed or set for a sit-down. Stay tuned ...

Go figure, judges can drunkenly crash cars too (you just can't lie, apparently) ... here is the stipulation between St. Lucie's Kathryn Nelson and the JQC ...

Better late than never - the Richard Stein PC is here. The best part is when he asks the real boys in blue for "professional courtesy in not arresting me" .  We've seen Stein around the courthouse this week, absent the glaring "I've got a problem" goofy bondsman's badge chained conspicuously around his neck, and his usual smug expression, of course ...

Coming Soon - That's my mike, damnit!; The DBR's judicial profiles have no one smiling; Congratulations Arlene Elias!

Roshawn Banks filing for County Court Judge, Group 10

WAIVERS!

2012-05-10T11:10:15Z

Dadowski gets it done - Matt Destry has backed off his long standing policy of not accepting waivers of appearance. After a meeting with the PD's Renee Dadowski earlier this week concerning the status of the law and the plight of indigent defendants who can least afford to lose their jobs after languishing at calendar calls for hours on end, Destry's JA sent the following email Wednesday afternoon:

Subject: Waivers of appearance

Please be advised that pursuant to Fla. R. Crim. P. 3.220(p)(1) and Fla. R. Crim. P. 3.180(a)(3) Judge Destry will now accept written waivers of a Defendant’s presence for pre-trial conferences in all cases unless a Defendant and Counsel are specifically directed to appear. See Cruz v. State, 822 So. 2d 595 (Fla. 3rd DCA 2002).

Well done!

SLOP DOCKETS

2012-05-04T14:43:47Z

11:07 a.m. on Friday
♫ ♪ ..nowhere to go but just to hang around ♫ ♪

Bobby Diaz had a grand total of two cases on the docket Friday. A Motion To Withdraw Capias from a 1995 misdemeanor, and a Motion To Compel Discovery on a DUI.

On Thursday, Diaz had ten total cases, ranging from a Change of Plea to Status Conferences.

No trials or substantive motions.

Wham, bam, thank you taxpayers ...

"DW" ON COUNTY TO CIRCUIT APPEALS

2012-05-03T01:00:00Z

DW writes:

Did you know that Broward County is one of a handful of counties that does not require an appeal from county to circuit court to be heard by three circuit court judges? Despite being the second most populous county in the State, and the eighteenth biggest in the entire country, our circuit has shunned the use of this basic model of judicial review.

Indeed, a three-judge panel is not only utilized by all of the District Courts of Appeal in Florida, but our neighbors in both Dade and Palm Bach County have used three-judge panels for many years. So has almost every major circuit in Florida.

So why doesn't the 17th Circuit utilize a three judge panel like other counties do? Dade and Palm Beach can effectively follow this typical form of judicial review, so I would assume Broward could also implement the same format. Apparently, according to one former Circuit Court judge, our judiciary, unlike Dade and Palm Beach, is incapable of implementing this system.

This passage, from an opinion over 11 years ago denying the appellant’s request to have a three-judge panel hear his case, demonstrates a typical response from our Circuit:

Although there might be some benefits to providing a three judge panel for every appeal from the county courts, there would also be disadvantages. The circuit courts are primarily trial courts and the courts of this circuit are extremely busy. The logistics of providing for a panel of judges would be very difficult. It is likely that such a requirement would result in a serious backlog of cases and inexcusably long delays in resolving appeals. This is not a case of due process being sacrificed for judicial economy. The district courts of appeal are primarily appellate courts. There are significant and substantial reasons why district courts of appeal are required to have a minimum of a three judge panel whereas the circuit courts are able to consider appeals with one judge.

According to this opinion, our judges are somehow less capable than those in Dade and Palm Beach Counties. We need to bring this issue to Judge Weinstein so that we can eliminate ridiculous single judge appellate panels. If our neighbors can successfully do it, so can our circuit.

I think Judge Weinstein would be surprised if he simply asked some of his colleagues if they would like a three judge panel for each appellate case. After all, our circuit already has some of our Circuit Court Judges sitting on panels in the Fourth District as associate judges, including writing opinions.

Maybe we can simply call Dade and Palm Beach and ask them how they do it since our circuit is apparently too inefficient to figure it out.

Welcome to JAABLOG

Coming Soon - Bobby Diaz's incredible expanding docket!

Jury instructions spark legal showdown between Judge and SAO

"The question before the 1st DCA is whether the State Attorney's Office is responsible for preparing jury instructions or the judge."

I'd know that tongue anywhere ...

WHERE'S DIAZ?

2012-05-02T13:23:46Z

At 9:12 a.m. Bobby Diaz's courtroom was locked and empty, and the clipboard hanging outside where the day's docket usually hangs is empty. Odyssey shows no hearings for the day. A call to Diaz's office a few moments ago confirmed Diaz is definitely not on vacation, although he is in the building.

Your tax dollars at work ladies and gentlemen ...

23 APPLY FOR CIRCUIT

2012-05-02T12:20:00Z

The JNC has received twenty-three applications to replace Susan Greenhawt. The interview schedule has not been set at this time.

Mari Blumstein, Randi Boven, Gary Elsinger, Phoebee Francois, Maritza Gonzalez, Rene Harrod, Jorge Hurtado, Steve Hyatt, Rob Jakovich, Ken Kugler, Lorena Mastrarrigo, Giuseppina Miranda, Chris Pole, Michele Ricca, Mark Rickard, Abbe Rifkin, Morgan Rood, Lynn Rosenthal, Liz Scherer, Stacey Schulman, Ruby Seymour-Barr, Tom Truex, Gerry Williams.

MORE TROUBLE FOR WOODDELL

2012-05-02T01:29:00Z

Potty Texting Deputy

"Ur a spoiled prick coward ... " - here is the Motion To Revoke Bond filed by the SAO against former BSO Deputy Brent Wooddell. It's a hoot. Apparently Wooddell sent threatening texts to his former supervisor, Sgt. Ryan Hyatt, concerning his ongoing criminal case. The SAO is even considering additional charges for Wooddell, based on the texts, which you'll find attached to the State's Motion. The Defendant caught a break however, being allowed to stay out on bond after the hearing Tuesday morning, with a lot of extra oversight from the good folks over at Pretrial Release ...

Wooddell Background - SS: Deerfield detective arrested in undercover sting (2011)

Hey Chris Mancini and Jim Lewis - do you think Satz's horrifically low conviction rates after trial have something to do with the horrific new crime stats reported by the Sun Sentinel today? From the article Burglaries boost Broward crime rate :

"Burglars kept busy in Broward County last year, forcing open doors and smashing car windows to help raise the county's crime rate despite a slight statewide decline in crime.

Increases were also reported in rapes, robberies and larcenies, according to 2011 figures released Monday by the Florida Department of Law Enforcement ...

(F)or the second year in a row, Broward registered more crimes per person than did Palm Beach County, where the rate was 3,950 per 100,000.

Crime in Palm Beach County declined for the fourth consecutive year — a 4.4 percent drop that outpaced an 0.8 percent decline statewide."

And do you think it has something to do with Palm Beach's ability to focus their talent and money on criminals instead of cocaine residue and single pill felony prosecutions? The more you know ...

Coming Soon - Who applied for Susan Greenhawt's spot?; Ross, Diaz, Satz ... Ross, Diaz, Satz ... Ross, Diaz, Satz ... Ross, Diaz, Satz ...

Who is Voodoonola?

Who is Privettricker?

Derringer '73

HQ full length In A Gadda Da Vida

RIP Levon and Richard and Rick

MONDAY NOTES

2012-05-01T01:29:00Z

Attention tardy judges - long suffering courtroom staff, busy lawyers, and litigants have been empowered by no less an authority than the JQC when it comes to dealing with perennially late judges. Check out the recent Stipulation between Marion County's William Singbush and the official judicial watchdogs, calling for a public reprimand, a letter of apology, and requiring Singbush to keep weekly written logs "documenting timeliness". Precedent has now been set, which means some of Broward's main offenders (the unpopular ones, of course) better start showing up on time, or be prepared to fly to Tampa to explain why basic rules of decorum and common courtesy don't apply to them. Another positive step forward, and long overdue ...

Look, up in the sky! - Mickey Rocque is getting high marks for his Air & Sea Show flyover on Saturday, reaching an estimated 450,000 attendees. Ross caught a break on Sunday however, when dark and gloomy skies forced a cancelation of Sunday's show and another flight featuring Rocque's message of hope and change. Expect more surprises from the irrepressible Professor Rocque as the campaign unfolds, who already seems to have Ross rattled. Today Ross was seen working the room during the well attended kickoff of Veteran's Court, shaking hands and nervously telling anyone who would listen he has "an opponent". Peter Weinstein also lent an incumbent hand, telling the gathering Ross deserved credit for moving the 17th forward by founding Drug Court and Mental Health Court. Whatever. All we know is it's only May, and there's plenty of time to set the record straight on all things Ross ...

♫ ♪ Gonna send you, back to schoolin' ♫ ♪ - a fun time was had by all last Thursday, when the Fourth DCA's Jon Gerber led this year's judicial candidates forum in Broward. Yes, the elderly gentleman sitting quietly between Ilene Lieberman and Bobby Diaz (ducking the camera and ironically obscuring himself with one his opponents, Randy Goodis) is none other than Dale Ross. If you don't recognize him, it may be because he's not making sarcastic, inappropriate, and often mean-spirited comments, which apparently only occur when he's in a position of power. Go figure. In any event, on this particular occasion Ross was dutifully scribbling notes about the do's and don'ts of judicial campaigning. It was high theater indeed, particularly when Gerber led a power point presentation about campaign violations and potential JQC sanctions, promising to conclude the session with a video replay of an actual Supreme Court public reprimand. If only we could have stayed to see Diaz's face as he watched, himself the recipient of a supreme tongue lashing, a $15,000 fine, and a two week suspension for sending threatening emails concerning a fellow judge ...

Where's Bobby Diaz? - Monday morning found Diaz in court, although the afternoon session was typically brief. Stacy Ross covered the first half of the afternoon docket, until Diaz came back from Bev's funeral. Diaz then wrapped everything up by 2:45 p.m. Interestingly, Odyssey shows absolutely no court the rest of the week for Diaz. We'll be checking to see if the Clerk's computer is accurate, and following up with Peter Weinstein's office to see if Diaz has put in for some official R & R ...

Wednesday, Wednesday, Wednesday - the finalists for Lisa Von Tefs seat will be interviewing in Tallahassee in two days. Let's see if the fix really was put in a long, long time ago ...

    Army Ranger Staff Sgt. James Herbert

Veteran's Court is here - now that legislation has passed to include felony charges, it's time to embrace Veteran's Court. Today's ceremony was well produced, marred only by the paucity of judges in Broward County who have served their Country. Of course wounded heroes Joe Murphy and Michael Gates spoke, as did presiding judge Colonel Ed Merrigan and his U.S. Army colleague Peter Weinstein. Navy man Jay Hurley was there, while fellow vets Elijah Williams, John Fry, and Matt Destry were not spotted.  There might be more American Heroes amongst the judicial set, but veterans are certainly under-represented on the bench. Of course, amongst the rank and file who actually run the courthouse and keep Broward's streets safe, the opposite is true. There are so many that have served with honor and distinction, it's hard to count. Case in point: BSO DUI Task Force Deputy James Herbert, presented the Silver Star for refusing to leave one of his men behind one hairy night in Vietnam. You may not want to run into Herbert after one too many at McGuire's, but you'd be lucky to have him around when the chips are down.  And to all those Vietnam era judges and elected officials who somehow managed to avoid service back in the day, when the "All Rise" is sounded and someone like Herbert is in the room, they're talking to you ...

NPR: Ken Anderson apologized, why won't Satz?

Is justice blind?

"Juries formed from all-white jury pools in Lake County (Florida) convicted black defendants 22 percent more often than white defendants, a gap that was nearly eliminated when at least one member of the jury pool was black, according to a Duke University-led study."

*UPDATE* - Tuesday morning at 9:15 a.m. and Bobby Diaz is on the bench! There are a grand total of three cases on the docket, a change of plea, a motion for continuance, and a jury trial. We'll be sure to check back to see if the trial is a go ...

*UPDATE UPDATE* - A 10:11 a.m. check found Diaz's courtroom to be completely empty. We'll check back throughout the day ...

*UPDATE UPDATE UPDATE* - A 1:50 p.m. check found Diaz's courtroom locked for the day ...

   See, the SAO does have a sense of humor ...

   (Fake Information presented to a proud ASA
     and spouse upon birth of their first child)

HAPPY LONG WEEKEND

2012-04-27T22:50:57Z

According to Odyssey, the Broward Clerk of Courts docketing system, Bobby Diaz had a grand total of five scheduled hearings on Friday. A municipal ordinance, two driver's license cases, and two misdemeanors. All were set at 9:30 a.m., and all were set for calendar call or status checks. No substantive motions, no trials, and nothing in the afternoon.

Your tax dollars at work, ladies and gentlemen ...

WEDNESDAY NOTES/MEET WILSON JEAN

2012-04-26T01:30:00Z

Diaz campaign staff meeting

Where's Bobby Diaz? - not in court, at least not when we checked at 2:05 p.m. on Wednesday. A second check found Diaz's courtroom still locked and empty at 2:30 p.m., and a knock on his locked office door didn't get a response either. However, Diaz has been turning up in the jury room first thing in the morning, qualifying members of the general public subpoenaed for jury duty on both Tuesday and Wednesday of this week. Mugging for a large captive audience of prospective jurors is a traditional perk of challenged incumbents, which might explain why regularly scheduled jury pool greeter and recently reelected Michele Towbin-Singer gave way for the doubly challenged Diaz. Ron Rothschild is set to welcome jurors next week, but with his son Michael Rothschild (the same last name, get it?) facing the voters in August, it's a fairly safe bet the senior Rothschild will keep his shift, whether or not Diaz or Dale Ross begs for a swap ...

Hey Dale! - having fun so far? We're told Ross, ever the fighter, has already been pressing the flesh around some of Broward's clubs and lodges. His old pal Buddy Nevins has swung into action too, posting about Mickey Rocque's real estate woes. The broadside seems rather misguided, since most Americans can unfortunately relate to being underwater on their homes or investment properties. In any event, if Team Ross wants to paint itself into a corner as the out-of-touch, elite candidate, we say "let them". In the meantime, we'll do a little digging ourselves, to try and find out how Ross went from a published net worth of $320,000 in 1996, when Dan Christensen's infamous Daily Business Review profile ran, to $2,350,650 in 2012 ...

Scary, isn't it? - thanks to Tonya Alanez, we now have all the goods on Scheinberg's trial. The article is here, featuring character witnesses Susan Lebow, Elijah Williams, Paul Backman, and SAO Felony Chief Jeff Marcus. Sure, Lebow, Williams, and even Backman (on non-ROC qualified cases) would frequently cut felony Defendants breaks, but seeing a guy like Marcus go to bat for Scheinberg sends the worst kind of message to the community at large. Loyalty is one thing, but to have one of the principal self-appointed arbiters of justice in Broward County sticking up for a prosecutor who polluted and played games with a death penalty case really turns the stomach. Remember, Marcus is the guy all the line prosecutors have to beg for permission to break down many types of cases, a man who will peruse files and deny large numbers of requests, often reportedly dismissing a Defendant's file with words along the lines of "he's a criminal". Let's hope some good comes of it in the end though, since many, if not most of the up and coming ASAs now have their eyes wide open. And while we're at it, let's hope Scheinberg's proposed one year sentence is rejected and enhanced by the Supreme Court ...

Who will testify on behalf of Gardiner? - none of this can be good news for disgraced former judge Gardiner. Readers will recall Scheinberg wasn't accused of misrepresentation like his one time gal pal is, which in all likelihood means Gardiner's guideline sentence could be much, much worse than the year given to the non-judicial officer riding on the Loureiro Express. And that's a good thing for so many reasons, not the least of which is the belief there were many, many more inappropriate judicial relationships over the years extending over countless cases. Gardiner's trial is set for May 24th, and we're trying to get the list of witnesses before the hearing commences.

Coincidentally, we ran into another old friend of Gardiner's this week, a young man named Wilson Jean. He was a Defendant before Gardiner once upon a time, prosecuted by Peter Patanzo. Here's what we wrote about Wilson's case back in May of 2008, in a piece called JAABLOG Hypotheticals:

CASE STUDY THREE:

DEFENDANT: Black Male

CHARGE: Violation of Probation for 3rd Degree Felony Offense of Cannabis Distribution.

Defendant is charged with violating his probation for the first time. He has never had a felony except for the one he is currently serving probation. He is alleged to have committed the new law violation of Trespass while on probation.

The State Attorney offers the maximum penalty under law, five years prison, despite the fact the Defendant does not score anywhere near mandatory prison sanctions. The Court, in an unusual move, refuses to make a counter offer which undercuts the State. The State explains at a later hearing that it wants the Defendant to provide information on cannabis dealers. The Defendant is unable to provide said information.

OUTCOME: Final Violation of Probation Hearing held. Multiple defense witnesses testify they gave valid legal permission to the Defendant for him to be on their premises. The Court, based on the "credibility of the witnesses", finds the Defendant to have committed the trespass violation.

SENTENCE: Five years prison - the maximum.

DISCUSS: For purposes of discussion, would it matter if the trespass allegation was later tried before a County Court judge who, after listening to the same witnesses, found the Defendant to be Not Guilty? [2012 Addition - This actually happened; Wilson Jean was found not guilty after a bench trial in county court] ... would it matter if it is later alleged that the Judge and Prosecutor in question may have been involved in an inappropriate relationship during the violation of probation hearings? ...

Five years, for violating on a weed sales charge with a trespass that was a not guilty in a lower court. Truly disturbing on so many levels, not the least of which concerns the later revelations centering on an alleged inappropriate relationship between the judge and prosecutor. In any event, after seeing Wilson so many years later, and after bringing him up to speed on the Gardiner saga, we asked him for his thoughts. Here's what he had to say via text message Tuesday, while contemplating whether to file grievances of his own:

"Judge Ana Gardiner ruined my life. I was 19 years old and she sentenced me 2 five years in prison, when she had the option of giving me any non state sentence. I didn't score out to prison n had only been in trouble a couple times. She took 5 years of my life that I can never get back n caused me pain n suffering. I still have nightmares and I've been out of prison 5 years."

And with that so eloquently stated, we ask again: Who will testify on behalf of Gardiner?

COMING SOON - Did bondsman Richard Stein really try to pull over a truck full of FLPD SWAT Team members? That's what the PC Affidavit says, and it's a doozy. We'll post it as soon as his address is redacted; The Pool Is For Fools - How To Forum Shop Your Way Around The Circuit Criminal Trial Pool ...