JAABlog

JAABWALK

JAABLOG — Thu, 23 May 2013 18:09:00 GMT

Our afternoon constitutional began at 1:47 P.M. Thursday, concluding at 2:02 P.M. Only non-criminal, old courthouse courtrooms were checked. There's a slight possibility that some courtrooms found either locked or dark & empty might have late afternoon start times, but that's very unlikely based on the surrounding conditions we found.

And without further ado ...

15 of 22 inspected courtrooms EMPTY ...

Interestingly, of the seven courtrooms in use, TWO of them were staffed by SENIOR JUDGES, meaning only FIVE active non-criminal judges were on the bench. Just something to think about the next time the County Commission tries to jam some unnecessary and massively expensive construction project down your throat ...

(To The Florida Bar - list of specific courtrooms checked
available for viewing for a reasonable time upon request)

DBR RE JAABLOG

JAABLOG — Thu, 23 May 2013 15:01:00 GMT

Florida Bar Investigates JAABlog Entries Of Broward Attorney
by Adolfo Pesquera 05/23/2013

(Copyright 2013. ALM Media Properties, LLC. All rights reserved)
Investigations by The Florida Bar into the blogging activities of a Broward County lawyer have raised First Amendment concerns among other South Florida courthouse bloggers.

William Gelin, best known as the main author of JAABlog, is under investigation based on complaints that apparently stem from his comments about judges in Broward and Palm Beach counties.

On advice of his attorney, Norman Kent of Fort Lauderdale, Gelin said he would not respond to The Bar's questions "in the event this is a political agenda."

Gelin maintains The Bar is not following its own rules by citing which rules of conduct are the basis of the investigation.

By Bar policy, the source of the complaints against the Oakland Park attorney is confidential.

"They are just coming at this from a very strange perspective," Gelin said. "They refuse to identify any type of misconduct. They won't specify anything from among the thousands of words and the hundreds of pictures which they find offensive."

Bar counsel Navin Ramnath of the Sunrise office sent Gelin the first notice of an investigation with a list of questions relating to identifying the authorship of two dozen JAABlog posts from 2012 and 2013. After Kent replied for Gelin, objecting to the vagueness of the inquiry, Ramnath sent two letters dated May 10 relating to different complaints.

Each began with the statement: "I agree that the requested information was vague. Please provide The Bar with a response to the following questions."

If Gelin did not respond by Monday, Ramnath continued, "this matter may be referred to a grievance committee."

The investigation prompted the directors of three other South Florida legal blogs to issue a joint statement Monday condemning The Bar's actions. The Justice Building Blog, the South Florida Lawyers blog and the Southern District of Florida Blog said The Bar letters "will have a chilling effect on the free speech of lawyers."

'Fishing Expedition'

The bloggers called Gelin courageous for openly criticizing judges through JAABlog as opposed to the more common practice of attorneys commenting anonymously.

"Apparently after a series of posts about two judges in West Palm Beach and Broward County, ironically, anonymous bar complaints have prompted The Bar to send Mr. Gelin letters seeking him to admit or deny his involvement in the JAABlog," the joint statement said.

"Judges are invested with responsibilities and powers, and all too often those powers cloud their judgment," the statement continues. "The ability of lawyers to freely comment on a judge represents an important check on those powers."

The bloggers interpreted The Bar's actions as a "fishing expedition and a veiled threat for (Gelin) to stop criticizing judges from the pages of his blog."

Karen Kirksey, a spokeswoman for The Bar, said Gelin is a member in good standing with no disciplinary history.

"A complaint was filed, so The Bar is looking into it as normal," Kirksey stated by email. "It may have no merit at all. Any further information about the complaints at this point is confidential."

The Bar questions concerning Gelin's blog activity covered a wide range of topics posted over the past year. But the questions seem weighted toward his criticism of Broward County Court Judge Robert Diaz and Palm Beach County Court Judge Marni Bryson, and his editorial control over the blog.

Gelin opposed Diaz's re-election last year and has often criticized the judge's work ethic, claiming he is often absent and shifts cases to other judges. Gelin has made a habit of scouting courtrooms to count how many judges are working in public sessions.

In Bryson's case, Gelin claimed attorneys familiar with her do not think she treats all attorneys equally. He also recalled past media coverage citing financial disclosure discrepancies in her election campaign and a 1994 accusation of misdemeanor battery when she was a college student that never led to a formal charge.

Discussion Needed

In 2010, a Broward County Bar Association committee debated whether Gelin's blog activities met professional standards. The association's rules of professional standards state lawyers are not allowed to criticize judges, opposing counsel, parties or witnesses because it could cast the justice system in a bad light. The association has no authority to regulate or punish lawyers, and nothing came of the inquiry.

Gelin told the Daily Business Review that judges already are an insulated class of elected officials. The Bar would prefer lawyers to bring their grievances against judges to the state Judicial Qualifications Commission, but for lawyers who rely on the impartiality of judges for their livelihood, going to the JQC can be a high-stakes gamble, he said.

"If the judiciary and The Bar do not like lawyers using media they can't control, then they need to change the rules. But if they want to change the rules as they go along, forget about it," Gelin said. "There needs to be an open discussion."

There were no posts on JAABlog from April 10 to Monday, but Gelin insisted the inactivity had nothing to do with the investigation. In fact, JAABlog postings had become increasingly sporadic over the past year because Gelin said he was more involved with his legal practice and his family.

In addition, Gelin said many of the changes lawyers sought had occurred in the Broward court system. JAABlog began as a team effort by several lawyers in 2006 to take on institutional racism, he explained. Broward lawyers used it to shed light on abuses from the bench and to pursue reforms.

"For whatever reason, a lot of that has been achieved," Gelin said. "Lawyers will tell you it's a much better place to practice than it was 10 years ago."

Sun Sentinel - Courthouse blogger faces Bar scrutiny after criticizing judges (5/18)

Sun Sentinel - Sheriff's Office rehires court deputy fired for hitting on jailed woman (5/14)

Consultant’s lawsuit against judge Marni Bryson raises allegations of shakedown, political payback (4/20)

30 NAMES

JAABLOG — Thu, 23 May 2013 12:51:00 GMT

The following thirty lawyers have made application for Susan Aramony's former circuit court position. Interviews will be June 3rd, at the Broward Bar. We'll post the lucky interviewees when they're selected.

Arlene Backman, Dennis Bailey, Mark Bockstein, Randi Boven, Kelly Charles-Collins, Haccord Curry, Jr., Paul Eichner, Kal Evans, Phoebee Francois, John Fry, Pamela Gordon, Renee Harrod, Susan Hugencugler, Jorge Hurtado, Jonathan Kasen, Tony Loe, Sam Lopez, Scott Mager, Giusepina Miranda, Charles Moorehead, Robert Nichols, Michelle Ricca, Mark Rickard, Abbe Rifkin, Derrick Roberts, Stacy Ross, James Rubin, Richard Sachs, Maxine Streeter, Jerry Williams.

May the most politically connected win!

TUESDAY NOTES

JAABLOG — Wed, 22 May 2013 01:30:00 GMT

We're back ... and not because we particularly enjoy spending late evenings pounding away at the keyboard. No, we're blogging because you really need us. The Florida Bar's actions have shaken the cobwebs of complacency clean off, and once again light will shine down the dark, dank corridors of power. Make no mistake about it - nothing except almighty boredom can chill our right to speak the truth, and those seeking to prove otherwise better dig in for a very public fight.

Really, what is the Bar afraid of? Cannot the Rule Of Law withstand valid criticism of judges by those who know them best? And is there not room for improvement, after the massive combined failures of the Bar and JQC to instill confidence regarding the general public's perception of Florida's legal profession? Or is this simply a heavy dose of sour grapes, gleefully force fed by long suffering government regulators itching to beat down upstarts armed with daunting new technologies?

If we've done anything wrong, we'll take the rap. No big deal. But the Bar shouldn't be allowed to change the rules in the middle of the game. Sending letters which fail to specify any misconduct, a single violated rule, or even a specific offensive phrase or photograph is just plain old chicken shit. And the act of refusing to say who made the complaints, given the huge number of people we've exposed and enraged over the years, speaks volumes. Right or wrong, they've made up their mind, despite the words Protecting Rights, Pursuing Justice, Promoting Professionalism, as found in their very own logo . It may be business as usual for the perennial protectors of the status quo, but when constitutional rights are at stake, they ought to take the high road.

We've said our piece for now. Expect more horse beating later. But still ...

Has the Bar been misled? - it's hard to tell. As previously stated, they won't say who started the ball rolling, or why. In any event, some of the Bar's questions sure have a familiar ring to them, like straight out of the blog's Comments Section familiar. For instance, why did they inquire whether we posted Marni Bryson's address? Did the liar who made that same incredibly false claim swear out a false complaint?

Long time readers may also remember the oft repeated lie in the Comments Section that we "stalked" Bobby Diaz, or the picture of the Police's Every Breath You Take single that we once posted to play along. Did the liar(s?) who published the stalking accusations also file complaints? Is that the reason for the long string of questions concerning articles and photographs starring Diaz?

Time will certainly tell whether the Bar has been misled or is operating under false assumptions, or whether they somehow have a valid claim. In the meantime, ponder the fact that Bryson herself referred to your humble author as a "stalker" in her courtroom not too long ago, and think twice before publishing a lie. You never know who may be reading ...

He likes it! - speaking of Diaz, he's been seen swearing in jury pools on numerous occasions since the election ended. Pat LaVigne*, in charge of the Jury Room under Clerk of Courts Howard Forman, told us on more than one occasion that Diaz did qualifying chores only a couple times a year before last year's contested election. After making near daily trips to face the jurors/voters during the campaign, he's apparently taken more of a liking to it. LaVigne says it's not an uncommon occurrence for judges to return often after a successful campaign, joking "once they come in for an election, they're mine". Another unexpected benefit derived from the free exercise of democracy, especially considering the huge gap in the jury room rotation following mainstay Ron Rothschild's retirement. Well done!

* Many will also remember Pat from the ten years she spent as Billy D.'s in-court clerk. This September marks her retirement, after something like thirty-four years of service. Be sure to stop by and wish her well, before she disappears with her gold watch ...

Who wants to be the Clerk of Courts? - speaking of Howard Forman, this will be his final term. Howard was kind enough to confirm earlier today that he will not be seeking another four years. Most interestingly, he doesn't have a particular successor in mind, although he points out he still has three years to decide whether or not to support a candidate to fill his shoes. Ultimately, of course, it's up to the voters, but anyone familiar with Broward politics knows a Forman embrace could make all the difference in the world. Pucker up ...

May 22nd @ 5:00 PM - that's the deadline for applications for appointment to Susan Aramony's former circuit court spot. Expect some surprises, and more candidates trying than for the last few go rounds. Stacy Ross has been lobbying hard, and Arlene Backman is expected to put in as well. The potential for infighting between all judges named Ross and Backman and their friends is tantalizing, especially after Arlene got a recent temporary leg up to the circuit court courtesy of Peter Weinstein, who chose her to fill in for Merilee Ehrlich after Ehrlich's mouth got her bumped from juvenile. We'll be sure to post the names of all the applicants as soon as they're available, together with an update on John Murphy and Peter Blanc's quest for a Fourth DCA knighthood ...

Coming Soon - Finkelstein rips Satz on Brady obligations; YES WE CAN: Eugene Pettis, The Florida Bar, and Saying No To Institutional Racism In The Criminal Justice System; UPDATE: GARDINER & SCHEINBERG;

SS: Destry Tweets!

JAABLOG WELCOME

JAABLAW — Mon, 20 May 2013 21:57:00 GMT

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

SING ALONG WITH JAABLOG!

Coming Soon - Has the Florida Bar been misled?

THANKS TO ALL

JAABLOG — Mon, 20 May 2013 21:15:33 GMT

To everyone who has been calling, texting, and emailing, THANK YOU for your support. This blog could never have helped usher in some of the reforms that have made Broward a half-way decent place to live free and practice law without your help, and we'll weather the Bar's most recent onslaught together. In the meantime, there's really no way to properly thank the other South Florida bloggers covering courts for what they did today, except to reprint their joint editorial in defense of rights all Americans hold dear ...

JOINT POST BY JUSTICE BUILDING, SOUTH FLORIDA LAWYERS, AND SOUTHERN DISTRICT OF FLORIDA BLOGGERS

You lose your rights, not with a bang, but with a whimper. One small encroachment after another. A bureaucrat pushes the edges here, a prosecutor challenges the boundaries in a few cases there. No one says or does anything and then you look up and suddenly a cherished right is gone.

Nothing is more insidious and dangerous to our constitutional rights than a bureaucrat who, under the cover of a government agency, seeks to intimidate someone. That is why the letters we have posted from the Florida Bar to attorney and blogger William Gelin have so alarmed us: the bloggers who run the Justice Building Blog, the South Florida Lawyers Blog, and the Southern District of Florida Blog.

WIlliam Gelin runs the JAA Blog which covers the Broward County Courthouse. To Mr. Gelin's credit he has never sought to hide his identity as the lawyer behind the blog. As a blogger who has openly challenged the way things are done in Broward, Mr. Gelin has courageously taken on numerous people in Broward County, including judges. Now, apparently after a series of posts about two Judges in West Palm Beach and Broward County, (ironically) anonymous bar complaints have prompted the Bar to send Mr. Gelin letters seeking him to admit or deny his involvement in the JAA Blog.

We as the legal blogging community in Miami view these letters as an unprecedented attack on the First Amendment and freedom of speech. The letters are chilling, and will have a chilling affect on the free speech of lawyers. Judges are invested with responsibilities and powers and all too often those powers cloud their judgment. The ability of lawyers to freely comment on a Judge represents an important check on those powers. The ability of citizens to write about the issues of the day has a long and storied history in our country. James Madison anonymously published many of the federalist papers under the pseudonym Publius in the local newspapers of the time. Blogging, anonymous and otherwise, serves a similar purpose.

The Florida Bar's letters to Mr. Gelin amount to both a fishing expedition and a veiled threat for him to stop criticizing Judges from the pages of his blog. We jointly condemn the letters the Bar has written, and stand behind our colleague in this matter. That is why all three blogs have taken the unprecedented step of running this post simulataneously. We urge our readers to voice their support of Mr. Gelin by writing to the Bar to condemn the actions of the Bar Counsel in this case.

Thank you.

Justice Building Blog

South Florida Lawyers

Southern District of Florida Blog

TWEET!

JAABLOG — Mon, 20 May 2013 20:04:05 GMT

Howard Finkelstein has written Matt Destry a letter asking him to kindly refrain from allegedly posting to his Twitter account during court proceedings. Although we've heard of judges banning jurors from tweeting during trials, it's unknown if a U.S. judge has ever done so.

If true, this could be another nationwide first. Along with Andy Siegel's fondness for Facebook, and the Florida Bar's interest in blogging, the 17th Circuit is certainly cutting edge, even if the Clerk of Courts is still riding to work in a horse and buggy ...

Coming Soon - JAABLOG RETURNS, all thanks to the Florida Bar!

COURTHOUSE LOSS

JAABLOG — Wed, 10 Apr 2013 17:02:29 GMT

Susan Aramony passed away after a long illness Monday.

Thoughts and prayers to the family of a judge characterized by many as "the nicest person in the courthouse".

Funeral Information:

Friday, April 12, 2013

5:00 – 8:00 PM

Service at 7:00 PM

___________________________________

Baird-Case Jordan Fannin Funeral Home

4343 North Federal Highway

Fort Lauderdale, FL 33308

954-492-4000

Saturday, April 13, 2013

10:00 AM – Funeral Service

___________________________________

Saint John The Baptist Catholic Church

4595 Bayview Drive

Fort Lauderdale, Florida 33308

954-771-8950

In lieu of flowers, donations may be made to your favorite charity.

SS: Obituary Susan Aramony

LAWSUIT!

JAABLOG — Tue, 09 Apr 2013 16:08:00 GMT

Here is the complaint the Palm Beach judicial set is talking about, filed by prominent campaign consultant Rebecca Shelton against Marni Bryson for allegedly unpaid expenses and consulting fees from Bryson's successful 2010 county court campaign totalling $30,292.45. Shelton was identified by Palm Beach Post articles as Bryson's "campaign manager", a role Shelton has performed for many judges and politicos in the Fifteenth Circuit. The suit was filed April 1st by attorney Mark Shumaker, assigned to circuit judge Meenu Sasser. Bryson was reportedly served in the courthouse last week.

The complaint is soon to be the newest headline in Bryson's short but newsworthy judicial career. The Post has already published articles over Bryson's alleged personal relationships with a fireman witness, a DUI Defendant's ex-husband, a controversy over not disclosing a misdemeanor battery charge, and Bryson's official sanction by The Florida Commission On Ethics, together with related stories over questions concerning Bryson's campaign money sources. And now a public beef over another monetary issue connected to the 2010 campaign, this time with a former ally and confidante.

The Shelton complaint may be newsworthy besides a rare and juicy peek behind the judicial elections' curtain, since there are still unanswered questions regarding the manner in which the Shelton managed Bryson campaign was funded.

Here's what Bryson's opponent Laurie Stilwell Cohen told The Post at the time of the Ethics Commission's recommendation:

Cohen said the ethics commission never investigated where some $163,000 of Bryson's campaign money had come from.

"I don't think we'll ever know the answer to that question," Cohen said. "But at this point, it's moot. It's over."

And now it may not be over after all, since Bryson's staunchest defender is now an adversary. If anyone can verify whether Cohen's concerns were valid, it would be Bryson's former campaign manager. Definitely a wait and see. In the meantime, we'll be following all the Shelton v. Bryson developments, so stay tuned ...

He likes it! - Bobby Diaz still doing jury pool
swear-ins months after the election ...
(Note to Florida Bar - Photo by JAABLOG)

Coming Soon - Palm Beach judge challenged?

Remember when you were young ...

PB PICK A WINNER (OR LOSER)

JAABLOG — Fri, 22 Feb 2013 01:29:00 GMT

Here's the preliminary list of Palm Beach County judges up for reelection. It's preliminary because some of the more recent appointments may have two year grace periods. The list was compiled by referencing 2008 candidates, which means some of the judges recently appointed to replace 2008 judges who retired or got promoted may not be up this year. In any event, all of the following individuals hold seats which were up for grabs six years ago. We'll confirm any changes at a later date, and will post judicial financial disclosures as they become available.

Palm Beach lawyers are urged to run against sitting judges. As Broward veterans will tell you, running against incumbents is the number one check against circuit-wide judicial bad behavior. You may win or lose, but everyone will respect you.

In Broward plenty of low hanging fruit got clipped in the past, while incumbents have triumphed in recent elections against underfunded and less experienced challengers. Whatever happens, it's pretty much guaranteed the entire 15th Circuit will benefit by a much needed intrusion of democracy. Time consuming hard work and sustained travel, financial expenditures and fundraising, not to mention elevated blood pressures caused by campaigns are something all judges hope to avoid, even if it means adopting a new found civility. And if you need further enticing, don't forget the pension jackpot at the end of the judicial rainbow ...

Circuit Court:

Rosemarie Scher, Diana Lewis, Meenu Sasser, Jeffrey Gillen, Thomas Barkdull, Jeffrey Colbath, John Kastrenakes, Glenn Kelley, John Phillips, Lucy Chernow Brown, Joe Marx,
Sandra McSorley, Karen Miller, Charles Burton.

County Court:

Reginald Corlew, Laura Johnson, Robert Panse, Daliah Weiss, Debra Stephens.

                    MAKE THEM EARN IT!


       Maybe Skip Campbell was right ...

(one of three signs posted in Utility Room 510-M,
    right next door to Ginger Lerner-Wren's
        old courtroom on the fifth floor)

(Note to Florida Bar - Photo by JAABLOG)

CHOOSE YOUR POISON

JAABLOG — Wed, 20 Feb 2013 16:18:00 GMT

♪♪♪ Old friends ♪♪♪

JAABLOG's new found obsession with all things Palm Beach has taken us down a familiar path. It turns out old friend Howard Finkelstein and 15th Circuit Chief Judge Peter Blanc, currently in consideration for a spot on the Fourth DCA, are one time running buddies from their days at UM Law School. Who knew?

Anyway, everyone knows Howard has always stood for truth, justice, and having a really good time, so it was only natural to ask him earlier today if Blanc also used to party like a rock star back in the day. In response Howard flashed his trademark TV smile, simply stating "I don't kiss and tell".

Not exactly a ringing endorsement for clean living, but it does reinvigorate an old JAABLOG debate. Should people who may have once used illegal drugs be allowed to sit in judgement or prosecute others for the same things they used to do?

It's a tricky issue. On one hand nobody likes a hypocrite, but on the other judges and prosecutors infused with real life experience (pun intended) and a working knowledge of reality might be better suited to understand and remedy drug offender cases. Of course, there's always the chance the former offender/authority figure may overcompensate to prove a point, but by and large aren't former users better at working out drug cases than the formerly sheltered or unpopular kids who just don't get it?

Post a comment if you have any insights or feelings on the topic. The easy answer is obviously to reform the selectively enforced and racist drug laws (think what would happen if police are let loose inside America's college dorms with the same ferocity they patrol the inner cities), but since that ain't happening anytime soon, it's a topic that sorely needs attention ...

AL MILIAN FOR JUDGE

JAABLOG — Wed, 20 Feb 2013 01:29:00 GMT

Al with a picture of his Dad, the legendary Emilio Milian ...

Alberto "Al" Milian is running for circuit court judge in Miami. He recently filed here, to replace Ronald Dresnick.

Al is a formidable candidate. A darling of the police union set, a prominent member of the Cuban-American community, a Bronze Star winning U.S. Army officer, and a former candidate for 11th Circuit State Attorney with loads of leftover name recognition.

Will anyone dare take him on?

Wait and see ...

Coming Soon - JAABLOG's knows a secret (lots of them, in fact); Norm Kent/Russell Cormican/JAABLOG v. The Florida Bar (yet again); Palm Beach County has how many African-American judges?; The 2014 List: Palm Beach and Broward judges up for reelection; Public Records Fun - the 4th DCA applicants' applications ...

"That guy gets dumber every day."
- Dale Ross, talking about the camera man ...

(Note to Florida Bar - Photo by JAABLOG)

Here's to you, 15th Circuit!

JUST BREATHE 2013 (THURSDAY)

JAABLOG — Wed, 30 Jan 2013 21:28:00 GMT

To Joe, Love Shari ...

Coming Soon - Pictures of Marni!

WHO IS MARNI BRYSON, AND WHY?

JAABLOG — Thu, 24 Jan 2013 01:30:00 GMT

Knows case law so well, she doesn't have to read it ...

It happened last week. The worst experience your humble author has ever experienced in a court of law. After countless brouhahas with Broward badasses like Sheldon Schapiro, Lenny Feiner, Eileen O'Connor, Gardiner, Cheryl Aleman, and the mighty Dale Ross, it took Palm Beach county judge Marni Bryson to leave the worst aftertaste ever over an eleven year career of nearly daily visits to court.

Yes, it was that bad. A trial matter before gentleman Frank Castor was snapped up by Bryson, who we'd never encountered before. The snippets of giggles from some of the knowing lawyers assembled in Castor's courtroom as the case was being reassigned were the first clue it was going to be a bumpy ride. It was anything but a laughing matter eight hours later.

We won't bore you with the specifics. The whole mess is now in the extremely capable hands of the PD's appeals team, and the circuit court in its appellate capacity. We're certain it will all be straightened out. That being said, anyone familiar with the blog knows we've got a whole new, all-consuming purpose in life, and it's name is MARNI.

The digging started that same evening. Every Palm Beach lawyer we know found their cell phones ringing. Reactions ran the gamut from surprise to knowing consolation. Apparently all lawyers are not created equal in the treatment doled out from the dias. Newbies and out-of-towners mostly seem to feel the pain, while most defendants seem to benefit from an easygoing sentencing policy, which most likely diffuses pissed off lawyers and stymies many well-founded appeals (but that ain't happening in this case). One call led to another, and soon we had a list of recommended contacts.

Later in the evening, a trusty Google search was executed. Instant paydirt! Gardiner-esque boyfriend rumors in the newspaper here and here, a controversy over not disclosing a misdemeanor battery "charge", an official sanction for filing 'inaccurate or incomplete' financial disclosure reports, and a related complaint by an election opponent that Bryson may have improperly funded her campaign (this issue apparently went nowhere at the time, although we're hearing there may be more on the topic coming soon, so stay tuned ... ). A virtual bonanza at the click of a mouse!

A trip over to the Palm Beach Supervisor of Elections site was also illuminating. Bryson spent a whopping $214,522 to win the precious robe, including $162,750 in personal loans. That's a lot of green for a $134,280 a year job, spent while making $65,000 a year as an Assistant Attorney General, after only nine years as a lawyer. We haven't found her current financials online, but rest assured we'll get them and post soon. It'll be interesting to see if she's got another bank roll in reserve to withstand our challenge (or yours) in 2016, if she runs for reelection.

In any event, we hope you'll enjoy our latest obsession, and hope you'll lend a hand. A lot of people have complained in private, but tell us they're afraid to come forward. That's nothing to be ashamed of, considering real world professional concerns. Still, there's nothing stopping you from dropping an anonymous comment, or calling our cell, or utilizing the specially created, 100% confidential email account whoismarnibryson@yahoo.com. Tell us where to look, and who to call, just in case there's anything out there the public should know about one of their most trusted public officials.

Confidentiality is guaranteed!

Coming Soon - Fourth DCA Justice Peter Blanc?

DENIED!

JAABLOG — Tue, 15 Jan 2013 20:36:00 GMT

David Crow issued this sharply worded Order yesterday, denying Gardiner's request for something called a "Retroactive Application Of Suspension".

From the Order:

"The Motion is denied. There is no legal authority or factual predicate in the
evidence for this request. There is no legal precedent nor does the Respondent cite
any legal precedent for the proposition that a voluntary sabbatical or leave of
absence while still a member in good standing of the Bar is a suspension or should
retroactively apply to a suspension recommendation. Furthermore, as a matter of
fact, the Respondent's voluntary sabbatical/leave of absence was not a "self
imposed" discipline for the conduct for which I recommended a finding of guilt.
To the contrary, the Respondent maintained throughout the proceedings that THE
FLORIDA BAR lacked jurisdiction to discipline her, that she is not guilty of the
charges, or alternatively should not be disciplined in addition to her relinquishment
of her judicial position as a result of the Judicial Qualifications Commission
inquiry. The Respondent's voluntary sabbatical/leave of absence was for personal
and emotional reasons which, at least in part, were to defend the allegations of
misconduct." (emphasis added)

OUCH!

"RETROACTIVE SUSPENSION" REQUEST

JAABLOG — Mon, 14 Jan 2013 22:15:00 GMT

David Crow's Report Of Referee

Gardiner's Closing Argument - Some nice Rogow and Satz bashing, but not so much for the blog this time ...

Florida Bar's Amended Closing Argument - Bar counsel joins Alu in saying Gardiner lied during the trial, specifically concerning her relationship with Tenzer. Will the Bar take further action, based upon their own conclusions regarding Gardiner's testimony? ...

Gardiner's Memo As To Aggravating And Mitigating Factors

Gardiner's Motion For Retroactive Application Of Suspension

Gardiner's Supplemental Motion For Retroactive Suspension

Florida Bar's Response To Motion For Retroactive Suspension

Gardiner's Response To Florida Bar's Opposition To Retroactive Suspension

SS: Ex-Broward judge's conduct warrants one-year suspension

THERE GO DA JUDGE & JUDGING ANA - let's talk reputation for real ...

Coming Soon - Broward judges inundated with requests for "Retroactive Sentencing"; BSO Drones!

They don't feel sorry for her either ...

Meet Wilson Jean ...

        Happy 2013 - "The Year Of Sporadic Blogging"

Oh honey, you're so vicious ...

"A review of the record as a whole, including exhibits, reveals one inescapable
conclusion: an emotionally troubled Judge, beset by family issues, depression, the
constant battering of a vicious, and largely false series of allegations from a
courthouse blog made by anonymous "posters", misunderstood - at worst - even
assuming that phone calls and texts were in Judge Wolfe's mind - a question relating to "a social relationship" in the throes of that emotional upset, and while hysterically sobbing by the observations of Judge Backman, and impaired in her thinking by Dr. Michael Brannon; subsequently, as soon as she was asked the question, with specificity, several months later, by the public defender during a Relinquishment deposition, concerning telephone calls and contacts, she candidly, forthrightly and honestly answered the questions about them."
                    -J. David Bogenschutz
        (p. 22-23, Respondent's Closing Argument)

Coming Soon - Remember all the anonymous lies/posts about Sheila Alu?; JAABLOG Revisited: The Many Faces Of Paul Backman; Is it manifest injustice to be imprisoned by "an emotionally troubled Judge"?; Seth Penalver jurors reunion - with guest of honor Penalver?

ALL COUNTS NG AT 2:39 PM

JAABLOG — Fri, 21 Dec 2012 18:39:00 GMT

Hilly Moldof's big gamble paid off. Turning down a mistrial and asking for two jurors to be replaced by alternates equals a big win for the defense. The 10-2 split was in Penalver's favor just as Moldof had predicted, with Moldof also correctly assuming that the two jurors running against the tide for acquittal happened to be a Black female and a Black male, in a case with two Black female victims. Once they were replaced, it took the new panel just a few more days to spring Penalver from Death Row. Tom Lynch asked if Penalver could walk out the courtroom a free man, but was told there was still a DOC hold. Peter Weinstein and Kathy Pugh were amongst the observers when the verdict was read, watching as Moldof and Penalver broke down in tears and hugged.

Just another day at the office ...

PENALVER VERDICT: NOT GUILTY!

JAABLOG — Fri, 21 Dec 2012 04:33:00 GMT

PRETRIAL BLOODBATH

JAABLOG — Wed, 19 Dec 2012 12:32:00 GMT

Scott Israel's November election immediately set off alarm bells in courthouse circles regarding the highly successful Pretrial Release program. Powerful bondsmen were early supporters of Israel, and their distaste for the program has been aired everywhere from the courthouse cafe to the County Commission. Early feedback after the election was positive, namely "not to worry" about Pretrial, but today we're hearing something entirely different.

Notices have reportedly been sent out notifying Pretrial's top brass that their services will no longer be required after January 8th. Whether it's a house cleaning to reward Israel supporters with the vacated top level positions, or a clear indication Pretrial as we know it is doomed, remains to be seen. In any event, if true, it's a shame. The program has been a tremendous success, largely due to the efforts of the current management team. To cut them loose after years of dedicated service in the name of politics, or as a prelude to gutting the program in the name of capitalism, results in a major disservice to the citizens of Broward County.

Developing ...

*UPDATE* - a source in the Israel camp reports this is merely a change in personnel, on par with other changes being made in the upper echelons over at BSO. Sad news for Pretrial's current management, but heartening to hear major changes may not be forthcoming in Pretrial's current practices ...

GOOD NEWS FOR A COURTHOUSE REGULAR:

COLONEL AL POLLOCK

BSO'S NEW COMMAND STAFF LEADERSHIP

SS: Israel fires 26, unveils command staff

DEADLOCK!

JAABLOG — Mon, 17 Dec 2012 16:31:00 GMT

The Seth Penalver jury is in its sixth day of sequestration. This may be a record for a criminal case in Broward County. Lawyers and judge and court staff spent the entire weekend on call, roaming the halls of the courthouse and their offices while deliberations were ongoing.

This morning has been eventful. The parties were informed that two of the jurors are refusing to deliberate any longer, and that the panel is split "10/2". The defense team, believing the ratio to be in their favor, asked to dismiss the two complaining jurors and have them replaced with alternates. The State is not opposing this idea, although they're not agreeing to allow the verdict to be decided by the ten participating jurors alone.

Tom Lynch has recessed the proceedings for lunch. At 2:00 pm he will decide whether to substitute jurors, read an Allen charge, or send them out for a breath of fresh air. Scheduling will not allow us to be present, so hopefully someone from the mainstream media can attend ...

*UPDATE* - SS: Ten original jurors and two alternates will start afresh on Tuesday

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