JAABlog

FRIDAY NOTES

JAABLOG — Fri, 03 Feb 2012 12:00:00 GMT

Movement! - Lisa Trachman's resignation has set off a game of musical chairs. It's early yet, and nothing has been decided, but here's what we're hearing: Gary Cowart replaces Trachman, to garner civil experience before retiring; Stacy Ross replaces Lenny Feiner in civil, unless another county judge with greater experience opts for the division; John Fry headed north, unless Veteran's Court keeps him at Central; Mardi Levey Cohen headed downtown, to fill one of the vacated criminal divisions; Jane Fishman possibly coming to Fort Lauderdale too, to further her work in dependency; election and appointment winners to fill remaining empty criminal slots, including the one out west being vacated by Fred Berman's retirement ...

Lost in the mail - our invitation to this Saturday's "39 + 11" birthday party for Gardiner still hasn't arrived, but we'll wish her a happy fiftieth anyway. We'll also be calling the Florida Bar, to see why the Gardiner and Scheinberg prosecutions are also rapidly approaching their fiftieth, with little to no activity as far as anyone can tell ...

Porth v. Nichols - no surprises here, but Ari Porth and Bob Nichols have officially filed for the retiring Richard Eade's seat. As far as the campaign rumor mill, Debbie Steinsaltz may be dropping out, while Mickey Rocque and Sam Lopez may be filing soon ...

Congrats Bo & Jerry! - click here for the invitation to this Thursday's Harry Gulkin Award Dinner, honoring Bo Hitchcock and Jerry Cunningham. You've been going to their Law Day parties for decades, so plan on attending to honor two of the nicest and most effective guys to ever grace the courthouse.

Coming Soon - Terry Moons, Hero; Courthouse Appreciation Day date; JAABLOG Judicial Poll.

MANCINI V. SATZ

JAABLOG — Fri, 27 Jan 2012 19:24:00 GMT

Click here for Chris Mancini's filing in the Democratic primary against SAO incumbent Satz.

GODSPEED MR. MANCINI!

JAABLOG WELCOME

JAABLAW — Fri, 27 Jan 2012 01:30:00 GMT

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Norm Kent and Howard Greitzer

SFGN Publisher Norm Kent Launches Citizens Against False Arrests

THURSDAY NOTES

JAABLOG — Fri, 27 Jan 2012 01:29:00 GMT

1.) Proud Papa - Howard Forman enjoying the massive turnout of lawyers and their assistants earlier today, during the training session in anticipation of Circuit Civil's eFiling debut this Monday; 2.) It's true! - Lisa Von Tefs is outta here, but she won't make any personal announcements until things are straight in Tallahassee (photographer unknown).

"Gush, gush" - that's the Fourth DCA going out of it's way to praise David Haimes in this recent opinion, citing his "well-reasoned analysis" in separate opinions concerning no bond holds on life felonies for juveniles in the wake of Graham v. Florida. Overtures like this, coupled with Haimes' strong connections to the Federal judiciary, add up to a very bright future indeed. The Fourth also released this interesting opinion Wednesday, directing the SAO to keep its mitts off Federal air space.

Katie makes it official - no surprises here, but it's always nice when someone follows through with ambitious plans. Click here to see Katie McHugh's official filing for County Court, joining the crowded field hoping to replace Fred Berman. Good luck!

To be continued - Eddie Sanchez's arbitration hearing with BSO began Tuesday, and continues March 1st. We'll be sure to get all the details soon ...

Rumor of the day - Are the Feds looking real close at someone in the nosebleed section of BSO? We've heard this one before, but it never seems to pan out ...

A Little Walt Disney, The Sequel - Rhea Grossman and SPU are set to square off again over the second Walt Disney Hollywood cop, Joel Francisco, on April 16th. Rumor has it Francisco rejected an offer matching Dewey Pressley's decertifying misdemeanor verdicts and judicially sponsored Adjudications with ninety days in jail, setting the scene for a second trial before Mike Robinson in April.

Courthouse Appreciation Day is coming! - it turns out there is such a thing as a free lunch after all. Inspired by the Broward Bar Association's (BBA) boorishness, Anonymous has greenlit funds for a menu of hot dogs, hamburgers, french fries, drinks, cookies, and brownies. It may not be the kind of fare kings and think they're kings prefer, but the everyday chow ensures an absolutely FREE meal for 150 people, in appreciation of their hard work and daily struggle. Also inspired by the brutes at the BBA, care has been taken to ensure the cafe will remain open for business as usual after the 150 freebies are gone, in case anybody else still needs lunch. Anonymous has also reconsidered the Judges Not Welcome policy, so long as jurists are willing to be judged on an individual basis by the assembled hungry masses. Judges wishing entry will be announced, and those garnering cheers will get in, and those getting booed won't. The date will post as soon as it's finalized and paid for ...

Can you pass the nice guy test?

Coming Soon - Gardiner & Scheinberg!

TUESDAY NOTES

JAABLOG — Wed, 25 Jan 2012 01:30:00 GMT

Has Lisa had enough?

Retiring? - It may be stop and smell the roses time for Lisa Von Tefs. We're told she informed Peter Weinstein Tuesday she'll be retiring, with a possible effective date in May. The rumor has already set off a scramble in the wannabe judge set anticipating a JNC announcement, and amongst judges coveting her cushy and prestigious civil division. Stay tuned for details ...

Recused! - Mary Robinson has taken herself off all DUI cases involving Carlos Canet, due to his representation of Robinson's daughter Rene. Canet is arguing the latest round of aggregated Intoxilyzer Source Code Motions Friday to an en banc panel of county judges, with hundreds of blows hanging in the balance. No word on how many cases Robinson has dumped due to the conflict at this point in time ...

JUDGES NOT WELCOME*

JAABLOG — Tue, 24 Jan 2012 01:29:00 GMT

BBA heavy Art Goldberg refuses service to
                                                                                 your humble (and hungry) author ...

The Broward Bar Association (BBA) hosted Raag Singhal's Robing Ceremony last Friday, in the Jury Room of the central courthouse. It was a well-attended affair, with loads of old friends turning out to support good guy Singhal. The Sun Sentinel's Paula McMahon has the story here, without highlighting the politically poisonous appointment process which requires a truly qualified candidate like Singhal to have to apply eighteen times before coming out a winner. Florida Bar President Eugene Pettis and Steve Hammer introduced Broward's newest Circuit judge, who gave a touching acceptance speech in front of his loving family.

Unfortunately, the BBA insisted on closing the courthouse cafeteria for a judges only chow down at 11:30 AM, as they usually do before a Robing. The only courthouse restaurant doesn't reopen after ceremonies start at 1:30 PM, and the Broward Bar (and the judges) failed once again to arrange for food alternatives for courthouse staff, litigants, and the general public. BSO personnel, court clerks and others were spotted feeding dollar bills and coins into the vending machines outside the locked doors, while judges gobbled up gourmet catered fare from Hugh's Catering's lazy susans. Of course there was no advance notice that the cafeteria would be closed Friday, compounding the bewilderment of some observers who believed the 17th Circuit Judiciary had learned a thing or two from mandated sensitivity training in recent years. Let them eat cake, indeed.

In any event, it got us thinking. Since it doesn't take an act of the County Commission to shut down the cafeteria for a private party, why not turn the tables on the judges? As the BBA's Art Goldberg pointed out (pictured above), Hugh's can be rented on a Friday by anyone who ponies up the cash, even if the funds aren't derived from your hard earned membership fees. It doesn't have to be fancy feast either, like the $16.50 a plate soiree thrown for last week's eighty-five jurists and honorees. A menu of hot dogs, hamburgers, french fries, sodas and desert should certainly accommodate many more happy faces anyway. We've already secured the funds (courtesy of "Anonymous"), and Hugh's is currently working up a pricing schedule which will determine just how many folks will get a free lunch on a Friday in February or March.

There is a hitch, however. While the offer is open to any human being desiring a simple bite to eat and a little good cheer, absolutely no judges or BBA President Jordana L. Goldstein will be permitted entry. Security will be in place, just as it was on Friday, with strict instructions to keep undesirables away. If additional funding is raised, the event will also be advertised in community newspapers and shelters throughout the County.

Check back for details over the next few days, and remember: JUDGES NOT WELCOME.

                    (*Jordana L. Goldstein not welcome either)

Quote of the day - "The Broward Bar Association has always been part of the problem. They have no moral or ethical compass that is important. All they want to do is stand next to anyone in power like a bunch of middle-school cheer leaders."
                                                    -Howard Finkelstein

Hey Eugene! - thanks for taking the time to talk with us at the Robing. As previously mentioned, the first African-American President of the Florida Bar, and a Broward resident to boot, is perfectly suited to address the issues of rampant racism in Satzland. We look forward to you calling soon to set up a meeting, as promised ...

SS Editorial - "Racial profiling is understandably a controversial police tactic. Unfortunately, that's what appears to have occurred in Fort Lauderdale's predominantly black, low-income neighborhoods, where young black men were detained and searched after being stopped for walking in streets lacking sidewalks."

SS: Bicycling and walking are not against the law - "The right to walk in one's neighborhood is the most basic freedom we have as Americans ... this case causes the court grave concerns as the most reasonable assumption for the stop is contrary to our concepts of fairness within the law," (Judge John) Fry wrote ... "

SFLT Says "Save Our People" - "The supposed warriors in this one-sided (Drug) war, who, as Professor Michelle Alexander notes, wear armor and carry heavy weapons, do not crash through the doors of 70-year-old white men while ostensibly searching for drugs. They do not lay seige to white neighborhoods. They do not shoot young white suspects on sight. They do not shadow white school children as potential drug-dealers. Governmental policy has virtually imprisoned black people within their neighborhoods, consigning them to preying on one another when they are not in the official prisons as convicted felons."

Coming Soon - Are you a racist for aiding and abetting racist police work?

Gary Zeidwig, The "Public Defender of the Year" ...

Psychedelic mushroom trips point to new depression drugs

        ARE YOU A RACIST?
        (or just a hypocrite?)

2011 TRIAL STATS

JAABLOG — Fri, 20 Jan 2012 16:02:00 GMT

The final tally for 2011 trials is in, courtesy of Jury Administration's Pat Lavigne. Click here for the complete list, featuring December's numbers first, then the 2011 year end report.

The top ten for Circuit Criminal judges:

45 : Jeff Levenson
35 : Mike Usan
31 : Mike Robinson & Geoff Cohen
28 : Matt Destry
27 : Paul Backman & David Haimes
24 : Lisa Porter & Ilona Holmes
21 : Marty Bidwill
18 : Bernie Bober
17 : Barbara McCarthy & Cindy Imperato
16 : Carlos Rebollo

The top ten for full time County Criminal judges:

54 : Ian Richards
39 : John Fry (includes one Circuit trial)
30 : Mindy Brown (includes one Circuit trial)
26 : Mindy Solomon
25 : Ed Merrigan
23 : Mary Robinson
19 : Stacy Ross
17 : Bobby Diaz & Gary Cowart
16 : Joe Murphy*
15 : Ken Gottlieb

(* out a portion of the year on medical leave)

Congratulations to Jeff Levenson and Ian Richards, winners of LHTL's* Golden Ulcer Award for the second year running!

(* League Of Harried Trial Lawyers)

STRAWMAN PART II

JAABLOG — Thu, 19 Jan 2012 21:20:00 GMT

The Strawman Movement is rapidly growing. Adherents are popping up all over the County and Circuit courts, with judges reacting in radically different ways. Sometimes cases are reset, sometimes people go to jail, and sometimes Sovereign Nation members get additional charges due to their beliefs.

Case in point: Noel Esdaille. He showed up for his arraignment last September before Mary Robinson, and ended up getting kicked out of court and arrested for Trespass. The PC Affidavit for the arrest is here.

Events leading up to Esdaille's trip to jail are captured on courtroom audio. Esdaille wouldn't rise when Robinson entered, leading the court deputy and judge to inquire as to why. The following excerpts are from the CD:

Court Deputy : You wanna stand?

Esdaille: My nationality not, uh, American.

Robinson: We ain't salutin' no flag. You just supposed to stand up. We're not standing for the Pledge of Allegiance.

(murmurs of "kick him out" and "respect the judge" are heard in the courtroom)

Esdaille: Then that puts me to bow to the court Maam, that's what I'm not trying to do.

Robinson: You don't have to bow to the court. You got a criminal charge up in here don't ya? Does he have a charge?

APD: Yes he does, your Honor.

Robinson: Well then he's bowing to the court anyway. You got a charge, if that's what you call it. If he don't have one he can just get up and leave.

(more murmurs of "kick him out" can be heard, and then the court deputy starts court, followed by a back and forth between the court deputy and Esdaille, culminating with the court deputy telling him to leave)

Robinson: If you're not doing what the court asks you then you can just leave.

Esdaille: ... The court that I know is not about money ... You took an oath to apply the law ... The law is to not just tryin' to get us to pay money ...

Robinson: Ok. He need to move (inaudible) or he leave.

(Robinson gives her Welcome To Arraignments speech, and begins court. Ten minutes later an armed deputy reports to Robinson that Esdaille had chosen jail over leaving, amidst some chuckling on the tape)

There you have it. Another strange day in Broward, and a prime example of why the powers that be went to such great lengths to outlaw the broadcasting of audio only recordings of court proceedings ...

There's a Strawman waiting in the sky ...

JAABCAM

JAABLOG — Wed, 18 Jan 2012 01:30:00 GMT

1.) Bob Zack and Bobby Diaz, after Diaz returned from 2.) teaching at New Judges' College. We're not sure what was on the curriculum, but let's hope it wasn't a crash course on nasty demeanor, or how to anonymously threaten fellow judges and weather Supreme Court sponsored suspensions and $15,000.00 fines; 3.) The Arthur B. Heurtley House (1902), one of the numerous Frank LLoyd Wright designed structures in Oak Park, Illinois, just outside Chicago; 4.) Jahra McLawrence and Raag Singhal. Are big things in store for one time judicial candidate McLawrence? Stay tuned. In the meantime, everyone is invited to 5.) Raag's Robing Ceremony on Friday, and to his fourth floor courtroom afterwards for an Indian food buffet; 6.) When Californians are forced to revisit the Jim Crow era South, i.e. 2012 Broward, they carry doctors' notes regarding their medical marijuana prescriptions in case of a local law enforcement emergency. Luckily, since most of the visiting potheads are wealthy Caucasians, the need to present documentation to authorities rarely arises during a stay in Satzland.

Coming Soon - Howard Finkelstein exposes Walking While Black; Palm Beach State Attorney Michael McAuliffe calls it quits.

TUESDAY NOTES

JAABLOG — Tue, 17 Jan 2012 16:02:00 GMT

We're back ... - thanks to everyone for the words of encouragement after we suffered a Grand Mal Ennui Seizure and various sleep related injuries shortly after the New Year. We're back to full speed, and the piss and vinegar tank is once again on full. And without further ado, here comes some old news ...

Olga's got company - Richard Sachs (pictured here) has filed in Lenny Feiner's open seat, against Olga Levine. Feiner has apparently confirmed his retirement, based on an email Sachs sent to his supporters January 12th stating "Judge Feiner gave me his permission to (file)". Asking permission to run for something that belongs to the taxpayers may be indicative of some outmoded thinking on Sachs' part, but we'll give him a pass until our spies finish due diligence on his background and candidacy ...

Campaign finance - the second quarter numbers are in. Dale Ross raised a measly $8,525.00, including contributions from Judy Stern and Wayne Spath. Ross may have raised more than other unopposed incumbents, but most of those folks are likely to remain unopposed, if you follow.

As Buddy Nevins reported, Satz has raised $112,758.00, a tidy sum until you consider past years when Satz ran unopposed. At the same point of the campaign in 2008, the unchallenged State Attorney raised $130,658.00, or $17,900.00 more than this year's contested election. In 2004, Satz raised $98,185.00 by the close of 2003, in the same ballpark as this year's tally. It all boils down to the fact that Satz, who pundits expected to raise at least $300,000.00 during his most vulnerable election season in thirty years, is not performing at anticipated levels. He's already tapped the deepest and most loyal pockets in the SAO, as well as his traditional support from the Civil Bar. As previously reported, full time defense attorneys without personal ties to Satz or the SAO are staying away in droves, with the exception of stalwart politicos like Eric Schwartzreich, Jose Izquierdo, and BACDL's Brad Cohen. Can Satz continue the pace, or has he already blown his wad? Of course, as Nevins points out, it's irrelevant if challengers Chris Mancini (who publicly announced his candidacy at the Palm Aire Democratic Club last week) and Jim Lewis fail to pony up hefty sums of their own, or if the anti-Satz fat cat political action committee, rumored to be a stone's throw away, fails to materialize ...

Check out all the campaign finance activity here, including Howard Finkelstein's recent filing.

Hey Pete! - will you please do something stupid? The Blog is boring, and it's partially your fault. Everyone could count on Dale Ross and Vic Tobin to make bad situations worse. Why are you bucking the trend?

Still v. Destry - homicide attorneys are up in arms over Matt Destry's recent refusal to pay Ira Still's bill for a lengthy trial. Destry reportedly found Still met all the criteria to be paid above JAC rates for his diligent work, but still wouldn't sign off on Ira's seventy-five dollar an hour tally, citing budgetary concerns. BACDL is doing all it can to avoid a revolt from attorneys refusing to take on court appointed murder cases in the wake of the ruling, including a possible appeal to the Fourth DCA if a scheduled rehearing before Destry doesn't go as planned. Transcripts of the original hearing are reportedly amusing, which should post shortly ...

JAABLOG Reading List - Anonymous - Inside the Broward County Sheriff's Office; Michelle Alexander - The New Jim Crow: Mass Incarceration in the Age of Colorblindness; Judge Bruce Wright- Black Robes, White Justice .

Coming Soon - Links; Are you a racist?; Raag's Robing Friday!; Ian Richards fining lawyers for talking in court?; "'preciate it, Mike": the aftermath of the Dewey Pressley debacle.

Broward's Eugene Pettis

Coming Soon - will The Florida Bar's first African-American President take a stand against racism in Broward's broken criminal justice system?

BACK FROM THE DEAD

JAABLOG — Wed, 28 Dec 2011 18:00:00 GMT

Robert Lockwood is rumored to be running for Clerk of Courts in 2012, against Howard Forman and Beverly Kennedy. If the name sounds familiar, it's probably because someone named Robert Lockwood served as Clerk of Courts for twenty-three years, passing away from cancer in 2000 while in office.

The new Robert Lockwood is an ASA, and a 2009 graduate of Thomas M. Cooley Law School. If it's true, he's obviously banking on the name game to carry him past Forman. Forman is wildly popular with the condo set, having been both a city and county commissioner, and a state senator before succeeding the original Robert Lockwood. He'll be tough to beat, despite being blamed in courthouse circles for the slow implementation of technological advances that are already in place in neighboring counties.

A text message to Lockwood has yet to be returned. For his part, Forman told us earlier today he doesn't care who runs, since "it will be up to the people of Broward County who will be the next Clerk of Courts."

2012 is getting interesting ...

*UPDATE* - Lockwood texted back. He won't confirm or deny, but did explain he will be free to discuss his future plans after his resignation from the SAO becomes effective on December 30th ...

ADIOS JACOB!

JAABLOG — Fri, 23 Dec 2011 16:35:00 GMT

Jacob and Gabriella Cohen

After thirteen years, more than one hundred and forty jury trials, and countless wise cracks, Winnipeg's contribution to the South Florida melting pot is leaving the Public Defender's Office. Starting mid-January, Jacob Cohen will be working with Boca based Guy Fronstin.

Howard Finkelstein takes it from here:

"Jacob's an outstanding defense lawyer. He did an extraordinary job for our clients and the Office. He has a personality that both juries and clients like. He will be sorely missed."

Well done!

Happy New Year!

NYT: Jurors Need to Know That They Can Say No (via Rumpole)

"IF you are ever on a jury in a marijuana case, I recommend that you vote “not guilty” — even if you think the defendant actually smoked pot, or sold it to another consenting adult. As a juror, you have this power under the Bill of Rights; if you exercise it, you become part of a proud tradition of American jurors who helped make our laws fairer ...

In October, the Supreme Court justice Antonin Scalia, asked at a Senate hearing about the role of juries in checking governmental power, seemed open to the notion that jurors “can ignore the law” if the law “is producing a terrible result.” He added: “I’m a big fan of the jury.”

SS: More Broward deputies, police officers being charged with crimes

" ... Jeff Marano, senior vice president of the Broward County Police Benevolent Association, criticized the decisions to prosecute Pressley and Jacobi. Marano said the officers' misconduct should have been regarded as mistakes rather than crimes.

"At the end of the day, they're not stealing anything and they're not taking bribes," Marano said. "They're putting drug dealers out of business and taking drunk drivers off the street." ... "

JAABCAM

JAABLOG — Fri, 23 Dec 2011 01:29:00 GMT

1.) Retired Miami-Dade Circuit Judge Fredericka Smith in the house Thursday; 2.) Christmas makes even the SAO warm and fuzzy; 3.) The Mayor of Fort Lauderdale and Natalie Knight-Tai; 4.) The Weinstein Brothers wishing everyone Season's Greetings!

Meet the new Traffic Bosses - the following individuals, should they choose to accept the assignment, shall be dispensing Traffic Magistrate justice in 2012: Suzette Hyde, Kenneth Kugler, Martha Perez, Jason Rosner, Thomas Sadler, and Russell Thompson. Well done!

IN THE SPIRIT OF THE HOLIDAYS ...

JAABLOG — Wed, 21 Dec 2011 20:08:00 GMT

It takes a lot to shock us, but imagine our surprise when Mike Dutko's office included us on the list of Broward's legal elite by sending over an announcement regarding this year's annual Bogenschutz, Dutko, and Kroll holiday party. Granted, it was sent for edification purposes only after our post "No golden tickets this year " made Mike's blood boil, but it was still nice to be included.

Check out the letter here. In addition to explaining why there wouldn't be a get together, Mike also made his annual plea to help the kids at HOPE Outreach Center have a nice Christmas, in memory of Howard Zeidwig. Thus far, HOPE has received around $2,500.00 in anticipation of Sunday's holiday.

What's the point? The Gardiner reference in Monday's post, of course. Mike explained on the phone yesterday (as patiently as he could) that our relentless pounding on his law partner's bunky has eclipsed the bounds of decency, by asking whether the cancelation had something to do with her recently announced Florida Bar problems. A lawyerly back and forth ensued, leaving us with the distinct impression he was genuinely hurt that his family commitments and efforts on behalf of HOPE could be questioned and dragged into the Gardiner quagmire due to, in his own words, "a complete loss of perspective".

Well, he's right. It's certainly no secret that Gardiner ruined a lot more Christmases than can be counted, but it's not our intention to ruin anybody's holiday who doesn't deserve it. Whatever personal decisions David Bogenschutz has made in dating and defending Gardiner don't involve his law partners, particularly since both Mike and Jeremy Kroll always comport themselves as gentlemen while remaining fiercely loyal to their firm and friends.

And without further ado ... a rare JAABLOG Apology!

HAPPY HOLIDAYS!

ASA BUSTED?

JAABLOG — Tue, 20 Dec 2011 19:40:00 GMT

An Anonymous Tip came in earlier today that an ASA may have been cited for supplying alcohol to a minor. The tipster also stated the case is being handled by a Miami-Dade prosecutor on Special Assignment.

We have a name, but no confirmation yet from the SAO. Ron Ishoy sent an email that he's investigating this matter and "two other cases", and suggested we try to secure the requested information from the Miami-Dade SAO. Ishoy also promised to get back to us when he's figured everything out.

Developing ...

(Thanks, as always, to the Anonymous Tipsters!)

*UPDATE* - SS: Yasser Kader charged with selling alcohol to minor

Bob Norman: Rothstein transcript #1

(Rothstein says former judges Pedro Dijols, Julio Gonzalez, Barry Stone, and Gary Farmer knew zip, and claims lawyers Ken Padowitz and Steve Rossi were involved ... )

SS: Rothstein: Law partners knew of my illegal acts, and did nothing

Grimm: Miramar cops won’t fess up in Caravella case

Herald: Deputy who stars in “Unleashed: K-9 Broward County’’ under investigation

Pulp: Broward Judge's Cellphone Stolen Back in the Day by a Canadian Politician

SS: BSO investigates star of 'Police Women of Broward County'

SS: Bieger pleads not guilty to attempted murder in shooting of fellow Lauderhill cop

SS: Former BSO Chaplain Braswell makes "America's Worst Bosses'' list

SS: Sentencing date rescheduled for former Hollywood cop

SS: French Canadians sue Hollywood, allege false arrest, battery

SS: Ex-Broward Sheriff's Office deputy guilty of fraud, theft

VIVA SATZLAND!

OCCCRC APPOINTMENT

JAABLOG — Tue, 20 Dec 2011 12:02:00 GMT

Antony Ryan has been tapped to replace Phil Massa as head of the Fourth DCA OCCCRC. The calls went out last night, and the press release has yet to hit Rick Scott's website.

The appointment is being hailed as a victory by long suffering OCCCRC staffers. Richard Kaplan was the local favorite, but everyone is relieved Shari Vrod didn't get the nod, due to perceived strong ties with the old regime. Ryan, a soft spoken, death penalty qualified attorney currently working for Carey Haughwout in the Palm Beach Public Defender's Office, is seen as a highly qualified breath of fresh air.

Another sensible pick by Scott and his team, who seem to listen to the locals before handing out political plums ...

Coming Soon - Barbara McCarthy grants a Motion To Suppress!

*UPDATE* - PRESS RELEASE.

Neal Dupree reappointed for Capital Collateral ...

Judge rules "sophomoric, irreverent and obnoxious posts" are protected speech

MONDAY NOTES

JAABLOG — Tue, 20 Dec 2011 01:29:00 GMT

Rosh Hashanah 1, Christmas 0 - due to a shortage of "discretionary holidays", the 17th Circuit will be open for incarceration this Friday. Here is Monday's memo from Charles Canady to Florida's Chief Judges, dashing hopes of Broward court staffers praying for a little extra time to prepare for Sunday's holiday. Oy vey!

No golden tickets this year - the annual Bogenschutz, Dutko & Kroll political soiree is not to be in 2011. Letters to A Listers went out explaining how family commitments and excessive travel demands made this year's party an impossibility, omitting any mention of David Bogenschutz's bunky's impending battle with the Florida Bar. Do the recent current events featuring Gardiner have anything to do with the cancelation? You make the call ...

Arbitration! - Eddie Sanchez wants his job back. His arbitration with BSO is set for January 24th and 25th ...

Guilty! - Dave Schulson got a big win today, convicting disgraced Miramar police officer Jean Paul Jacobi on felony charges. Has the usually hapless SAO Special Prosecutions Unit changed its ways, or are the recent guilty verdicts against Dewey Pressley and Jacobi a signal that the public has finally had enough of police and political corruption? One thing is for sure - Satz is damned no matter what's going on. Too few successful police prosecutions make it look like he's part of the corruption, and too many may result in the PBA and FOP turning against him in the upcoming election. In any event, Schulson deserves a pat on the back for some fine lawyering. Well done!

Not a very Mary Christmas - at least for Defendants trying to get hearings in Mary Robinson's division. Trust us when we tell you we're not alone in experiencing extreme frustration when dealing with the always affable Robinson's unusually miserable office. It may be the classic good cop/bad cop routine, but it's just no fun, let alone efficient. Even after Robinson's long time clerk was forever banished due to outrageous behavior, other members of her staff still seem to think there's more than one judge in Division MM. In the end, of course, the blame lies squarely with Robinson, who doesn't seem willing to lay down the law with staff the same as she does with litigants. It's one problem Howard Forman or BSO can't fix, but everyone knows we love a challenge ...

Rotate county judges now! - there's a whole lot of dead wood in Broward's county criminal courts, and it's costing you big money. Sure, the new judges are busy trying cases, and accommodating litigants who need judicial face time. It's called f-l-e-x-i-b-i-l-i-t-y, and the new breed serving "the people's court" have it in spades. Not so much the old guard, locked in the same divisions year after year, decade after decade. It's like watching paint dry, where penny ante cases are elevated to major drama in classic and pathetic form over substance style. By the time lunch rolls around, the courtrooms are locked, rarely opening up again for afternoon sessions. It's certainly no secret, but it is egregious, considering the Supreme Court recently certified the need for six additional county judges in Broward at close to $140,000 a pop (not including outrageous pension benefits). Taxpayers could be spared the cost of expanding the county judiciary if these judges were moved, or required to revamp set in stone procedures and inefficient scheduling methods towards working nine to five every day of the week. New Year's Resolution: stretch the JAABWALK muscles in 2012, to include both courtrooms and offices ...

Coming Soon - How much did the judges temporary parking lot cost?; Which county judge made her clerk cry?; Mr. Multzer goes to Ocala.

CLOSED FRIDAY?

JAABLOG — Mon, 19 Dec 2011 16:49:00 GMT

Rick Scott has given state employees a paid day off this Friday, putting pressure on the Florida Supreme Court to determine whether Friday will also be a court holiday.

Court Administrators are reportedly waiting to hear from the justices as to whether courts will be closed, or whether each circuit's Chief Judge will be responsible for making the call. Apparently some court divisions can't function anyway with state offices closed, so it's likely Friday will be a day off for many in the legal field ...

TUESDAY NOTES

JAABLOG — Wed, 14 Dec 2011 01:29:00 GMT

Now offering discounted rates for former judges ...

PARTY! - Jim Lewis is kicking off his campaign Thursday night. The festivities start at 5:30 p.m. over at World Famous Parrot Lounge, A1A and Sunrise. Drinks and appetizers will be served, with music provided by Toxic Gumbo. A campaign contribution is not required. Dance the night away for a good cause, in Satz's own backyard.

Sorry Jack - you know we love you, but we believe Jack Thompson and others who think the Bar has no jurisdiction to prosecute disgraced former judge Gardiner are dead wrong. Not only does Rule 3-7.16 apply ("(d) Constitutional Officers. Inquiries raised or complaints presented by or to The Florida Bar about the conduct of a constitutional officer who is required to be a member in good standing of The Florida Bar shall be commenced within 6 years after the constitutional officer vacates office"), but there's also pesky case law out there dealing with a former judge disciplined by the Bar for shenanigans during JQC proceedings (The Florida Bar v. Graham). It's not known whether David Bogenschutz plans on mounting any technical defenses for his bunky/client, but if half of what we're hearing about the Bar's intentions are true, he's got to give it everything he's got ...

Rumours, rumours - Richard Eade retiring, Ari Porth and Bob Nichols to square off for his circuit seat ...

Weinstein splits the baby - by now everyone knows Carlos Rodriguez and Nick Lopane are swapping spots. After considerable judicial pressure to bring Rodriguez back to Circuit Criminal, Peter Weinstein stopped short of completely thumbing his nose at Satz by bringing Rodriguez to Juvenile instead. The Judge Power movement may not be completely satisfied, but at least Rodriguez once again gets the chance to confront SAO excesses head on, whether or not Satz likes it. Well done!

The Dewey Pressley sentencing ... is set for December 21st. As to whether or not a withholding of adjudication will help save his certification and pension, we still can't say for sure. Our usual attempt at a shortcut was abruptly circumvented by Pressley's attorney Rhea Grossman earlier today, who answered the question by stating the following: "Why don't you go to the law library and find out?". Kind of sounds like a yes, doesn't it? ...

Well done, Dohn Williams! - here is Ilona Holmes' Order dismissing First Degree Murder charges against Nour Jarkas, as explained by the Sun Sentinel's Rafael Olmeda.

Coming Soon - Guess which county judge failed the Florida Bar?; Who really killed Marc Sultanoff; Navarro and Stack were "unbeatable" too; Bruce Prober files suit against PWBC.

SS: Profile of Denzil

Sunny Jacobs and Peter Pringle with, from left,
Brooke Shields, Marlo Thomas and Amy Irving

NYT: November 13th Wedding Vows for Sunny Jacobs and Peter Pringle

Why wasn't Satz invited to the wedding? - is it because he still hasn't apologized for destroying Sunny's life?* Disturbingly, Satz remains silent, even after an appeals court overturned Sunny's conviction, a jailhouse snitch recanted, and his star witness Walter Norman Rhodes confessed to the murders. It was the dream come true high profile case that young ASA Satz rode into office, resulting in not one, but two Hollywood tearjerkers. Time to contact Sunny and talent agents for Shields, Thomas, and Irving, to see if they'll lend a little star power to the 2012 effort to send Satz packing ...

(* Satz has yet to publicly apologize to any of the known SAO victims)

Strike Four for Satz and Robert Carney

PBS' Frontline: Requiem For Frank Lee Smith

GARDINER COMPLAINT

JAABLOG — Thu, 08 Dec 2011 16:02:00 GMT

The truth shall set you free ...

The Florida Bar filed their formal complaint against disgraced former judge Ana Gardiner yesterday with The Supreme Court, after finding probable cause to proceed many months ago.

CLICK HERE FOR COMPLAINT OF THE FLORIDA BAR

" ... 18. During the hearing before the JQC, Judge Wolf asked Respondent about the nature and extent of her relationship with Scheinberg. Respondent's answers, which omitted the significant nature of their relationship during the pendency of the trial, misled the panel into believing that there was only minimal contact between herself and Scheinberg:

Q: Again, just to clarify, my understanding is that you -- during the time that you were a judge and he was a prosecutor, you did not have any kind of social relationship with Howard Scheinberg?

A: If I saw him maybe at one retirement -- they give plaquings to the younger prosecutors when they leave after three years. He could have been at a plaquing where the attorneys and the judges go. But I don't ever remember even sitting with him and socializing.

19. ... and despite assuring the JQC Investigative Panel that she had reviewed her phone records in preparation for the hearing, she never once disclosed that she engaged in over 1400 phone and text communications with Scheinberg ...

21. Based upon the foregoing, Respondent is in violation of Rules ... 4-8.4(c) (A lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation), ...

(Readers will remember The Bar is not going after Scheinberg for fraud or dishonesty, since it appears he gave qualified answers regarding his contacts with Gardiner along the lines of "I don't remember", or "I can't recall" ... )