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JAABLAW — Sat, 04 Jul 2009 01:30:00 GMT

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JAABCAM

JAABLOG — Fri, 03 Jul 2009 01:29:00 GMT

1.) Leyritz meets Judge Hurley today for at least the second time. The hearing was rather anti-climatic since Judge Gold had already revoked Leyritz's pretrial release based on the new arrest. The new allegations are supposed to be pretty shaky and full of contradictions, so Leyritz may be back out next week looking for his third strike (photo of the video feed from First Appearances); 2.) Bogenschutz meets the press after the hearing; 3.) DUI Manslaughter prosecutor Stefanie Newman, Domestic Violence prosecutor Sarahnell Murphy and ASA Eric Linder keep Leyritz in jail; 4.) Judge Backman with BACDL President Russell Williams (notice Paul's trademark half-gallon of Diet Coke); 5.) ASA Jeannette Camacho enters Phase Five of Mickey Rocque Overload during a depo Monday (Phase Six is a conditional Nolle Prosse "if you'll just stop talking!"); 6.) A BSO Court Deputy models his new department issued Z-Coils. Due to the cutbacks in man power, Deputies have to be even faster on their feet due to the increased risk of escapes and defendant freak-outs.

DBR: Florida Supreme Court adopts statewide standards for implementing electronic court filing system

Spate Of Suicides Hits Understaffed Broward County Jail

SDFL Blog: 41 page reprimand of Fed Judge Kozinski over porn

BIDWILL RULES

JAABLOG — Thu, 02 Jul 2009 16:03:00 GMT

Fly me to the moon ...

Judge Bidwill recused himself in the State v. Loureiro fiasco. It's up to Chief Judge Tobin to decide whether or not the entire 17th Circuit Judiciary should be disqualified, since he's the only one with the authority to make that decision.

Judge Bidwill's ruling is typically thoughtful, intelligent and well-reasoned. He states that he knows he can be fair, but because of the nature of the allegations, and the legal standard involved in a Motion to Disqualify, he has no choice. Click here for Bidwill's Order.

From the Order:

"In fact, in its relinquishment order of March 31, 2009, the Florida Supreme Court itself had ordered the appointment of a judge from another Circuit to hear those issues underlying the request for relinquishment, which are essentially the same issues the defendant will raise in his pre-trial motions."

Now it's up to Vic Tobin. This should be a no-brainer for him, particularly in light of the forthcoming Motion to Dismiss Based On Prosecutorial Misconduct and Motion To Recuse The 17th SAO (referenced in the original Motion and Bidwill's Order), together with the above language from the Supreme Court.

What will he do? Will politics play a role? Stay tuned ...

That old Bogie magic will be put to the test - all eyes will be on Judge Hurley this afternoon at 1:30. Broward's most famous accused killer of the moment, Jim Leyritz, has screwed up his pretrial release again. Here's the Sentinel article detailing the latest arrest. It's up to Hurley whether or not he gets out (again), with Bogenschutz bringing all his mystical forces to bear ...

Next step for Broward Courthouse task force: Community advocates

A NEW COURTHOUSE IS COMING EVEN THOUGH THEY JUST CANNED 394 TEACHERS!

*OPEN TO THE PUBLIC: LEE INTERVIEW - JULY 15TH; HOLMES INTERVIEW - JULY 16TH*
(Courtesy of the Southern District of Florida Blog)

4TH DCA 17TH CIRCUIT OPINIONS 7-1-09

Gold - Affirmed        Holmes - Sent back to rescore victim injury points

S. Kaplan - Affirmed        Gold - Reversed and Remanded (921 DD sent back - not "isolated incident")

Garcia-Wood - Reversed and remanded        Lynch - Affirmed

Rosenberg - Affirmed        Greene - Petition Granted        Carney - Reversed and Remanded

Frusciante - Appeal abated; jurisdiction relinquished to trial court for further proceedings

Murphy - Reversed and remanded for further proceedings

Beller - petition for writ of habeas corpus granted (weekend magistrates)

TUESDAY NOTES

JAABLOG — Wed, 01 Jul 2009 01:29:00 GMT

Grady Ordered Into R.E.A.C.H. - Judge Robinson signed the following order today:

The Court having heard the testimony of Dr. Michael Brannon as to his evaluation of the defendant, Charles Grady, orders the defendant Charles Grady to commence outpatient treatment at R.E.A.C.H. in Davie, Florida until further order of the Court.

The case was set for hearing today by the SAO on the following Motion:

State's Motion To Compel Production of Psychological Evaluation, Or Alternatively, Motion For In Camera Review of Psychological Evaluation ...

Apparently, Grady's lawyer Al Milian didn't want to turn over Brannon's evaluation to the SAO, Probation, or BSO. From the Motion:

4. To date, Alberto Milian has refused to produce a copy of Dr. Brannon's psychological evaluation to probation or BSO ...

Schwartzreich & Glassman Strike Again - Today Judge Lazarus and a jury cleared a single mother of two of seven, count them, seven charges of DUI/DUI Property Damage. Defendant Lauren Dunn was cleared by JOA on four counts, acquitted by jury of three more, found guilty on an expired tag, and pled to DWLS. Pretty amazing work, considering the Clerk's Office shows one of the jury acquittals as DUI Above .20.

CORRECTION: THE CASE WAS A REFUSAL - THE CLERK'S OFFICE REFERENCE WAS DUE TO AN ENHANCEMENT FOR CHILDREN IN THE VEHICLE, NOT A .20 BLOW

Lee & Holmes Make The Cut - Click here for the list of interviewees for Federal Judge & U.S. Attorney.

Marek Oral Arguments Wednesday at 9:00 AM - Click here to watch live from Tallahassee.

DBR: Ruden McClosky cuts pay by 9 percent

DBR's Inside Track: Spechler loses in spat against chief judge

Pizza Puncher/Whistle Blower Prosecutor Resigns

St. Pete Times Editorial: Open Chief Judge Election To The Public

Sarasota Judges’ orders may toss Intoxilyzer tests

NYT: 41 Years Later in Chicago, Police and Demonstrators Still Clash, but With Words

(Condolences to Judge Beach on the loss of her Mom)

CRUEL AND UNUSUAL: HOUSE ARREST WITHOUT A HOUSE

JAABLOG — Tue, 30 Jun 2009 16:00:00 GMT

Raphael Marquez would rather live in the Broward County Jail than under a bridge

Today's travesty comes in the form of one Raphael Marquez, courtesy of the Florida Legislature.

Mr. Marquez was released from Florida State Prison on June 23rd, after serving roughly seven years on a sex offense. His sentence also includes two years of house arrest with a GPS monitor, and a decade or two of probation. Click here for his Department of Corrections profile.

If you follow the news you know the problems sex offenders face finding places to live. There are so many restrictions, and so few shelters that take sex offenders, that they often end up living on the streets. That's what happened to Mr. Marquez, whose family lives in New York.

More often than not, sex offenders without family don't make it in the community, and not because they commit new crimes. The reality is they end up quitting, because they can't take it anymore. They have nowhere to live, they can't find work, and the inevitable downward spiral follows. They ultimately cut the band and disappear, and then get shipped back to prison when they're caught.

The difference with Mr. Marquez is that he's trying. He wants to become a productive member of society, but he realized he couldn't do it without a place to live while on house arrest.

Since he's been out, he also couldn't find a job. That meant he couldn't find anyplace to charge the GPS monitor, which, when it runs down, creates an instant violation. He was almost to the point where he couldn't afford the bus fare to see his probation officer, which, of course, would mean more violations. His probation officer, for his part, reportedly told him to "go live under a bridge."

Mr. Marquez said no.

Instead, he called his lawyer, and set a hearing before Judge Gold today. He wanted to convert his two years of house arrest to jail time. The Judge, the State, and the in-court Probation Officer were flabbergasted, but no one could come up with a community based solution. His lawyer, Cheryl Koewing, had already searched all the half-way houses and shelters, but couldn't find anywhere that would take him. Reluctantly, all the parties agreed to modify his probation by deleting the house arrest component, and replacing it with six months in the Broward County Jail, after which he would be on sex offender probation. Mr. Marquez went to jail earlier today.

Probation is checking to see if Mr. Marquez can transfer his supervision to New York, so he can stay with his family instead of doing jail time. It's a long shot, since New York is famous for refusing these kinds of cases. Tracy Gold, of BSO's Department of Community Control, is also trying to find a shelter somewhere in the county that will take him, but it's another long shot.

While it's true that nobody wants to live next door to a sex offender, it's also true that the pendulum has swung so far to the right that the laws don't make any sense anymore. It's a classic, insurmountable Catch-22, as Judge Gold remarked. In the meantime, the papers will continue to run stories about the failure of Florida's sex offender laws, and people like Mr. Marquez will continue to be cut down at the taxpayers' expense until something changes in Tallahassee.

MONDAY NOTES (GARDINER, GRADY, FEREN & DEPOTEK IS HERE)

JAABLOG — Tue, 30 Jun 2009 01:29:00 GMT

Buddy Nevins over at BrowardBeat.com hangs a major curve ball - click here to read his report on Judge Ana Gardiner's request to be removed as a 2009 Hispanic Woman Of Distinction. According to the article, Ana is paying extra special attention to the Judicial Canons of Ethics these days, since "a sanctimonious, largely anonymous crowd of Internet bloggers continue to attack her."

Buddy continues:

"These bloggers close their eyes to the history of lawyers and judges socializing together. I see judges eating lunch with lawyers who practice in their court almost every week, but there is no howling from the legal blogging community.

Could it be that Gardiner is a target because she is female and Hispanic? Could it be that the same anti-Hispanic mind-set that drove the defeat of three Hispanic judges last year is part of what’s behind these attacks on Gardiner?

Batter up!

Socializing at lunch? Are you serious, Buddy? Is that really what the Judge was accused of doing, or is it time for you to re-read your good friend Bob Norman's Judging Ana expose? Did you actually type that line with a straight face? And are your political pals so persuasive that you'll even go along with the playing of the race card to rehabilitate her reputation?

Also - why wasn't the New Times ever sued, Buddy? Why wasn't a single retraction printed? Are you saying the accusations are false? And why did the Supreme Court award a very expensive new death penalty trial, with Mike Satz having to concede one of his precious high profile convictions? Oh, and would you want to be tried, or want to have one of your children tried, before a judge who was partying with the prosecutor?

I guess we shouldn't be too hard on Buddy. We love his work, and it's a blog, not a newspaper, where bias is expected. Heck, he even admits at the end of the article that he's friends with Ana. Still, we have to wonder. If he's such a good friend, does he really want to open up that particularly slimy can of worms?

Jay Hurley's Fund Raiser also gets special notice over on BrowardBeat.com - Buddy also reported earlier today on the Judge's extraordinary bi-partisan support in his upcoming election bid. Check it out - forces all over Broward County are uniting to support a judge who may have already contributed as much to the health and well-being of our community as any other individual judge. Of course, he's got volume on his side, so don't take it personally if you happen to be another do-gooder judge reading this ...

Eleanor Adderley was back in court today before Judge Levenson. We weren't there, but we're told David Bogenschutz announced that the Judge gave a July 13th hearing date to determine whether the case will plea or go to trial.

We think it's a pretty safe bet that this one won't be going to trial (unless they can't find the Chief of Police come the day of the trial), so we'll just have to wait and see if Judge Levenson is going to go along with the anticipated free pass from Satz and company. See the Sun-Sentinel for more.

Grady Goes To Court - Tuesday at 8:45 before Judge Robinson. What's it all about? Is it early termination of probation time already? Stay tuned ...

Judge Feren Has Feelings Too - check out the transcript from a hearing last Friday, before he left for his vacation. Apparently, Feren is mighty upset about our "Fun With Feren" posts (#1 and #2), so much so that he felt it necessary to launch into a rambling, twelve page refutation of the statements he made on the record about going to trial on misdemeanors.

Make sure you read it. There are some more gems in there, particularly in regard to his tireless efforts that sometimes keep him in court until 4:30 PM (gasp!), and his willingness to accept no contest pleas, when other Broward judges insist on pleas of guilty (yup, he says that on pages 6-7, even though we can't think of a single one). Still, he does apologize for his prior comments, and seems to truly believe that the reason he's only had two trials is more the lawyers fault than his own. The Public Defender's Office will be filing an Amended Motion To Disqualify based on the latest monologue, and, for our part, we'll be taking a good look at the colloquy he gives the children at trial call (with parents in tow), which may be part of the reason why the kids opt for pleas or continuances instead of trial.

What is DEPOTEK? - we don't know for sure, but it's arrived. From now on the Public Defender and the State Attorney will be taking digital electronic depositions, pursuant to stipulation (like in Palm Beach). Click here to see the memo that went out to the Assistant Public Defenders, explaining how the new system will work.

Will the Courthouse also be able to accomodate private lawyers soon? Wait and see.

It's progress, for sure, but it's too bad so many good stenographers will be hurting for work after the transition is complete.

And on that sad note, we say goodnight ...

SURPRISE, SURPRISE

JAABLOG — Mon, 29 Jun 2009 01:29:00 GMT

Critic eats hat - news at eleven

A lot can happen in a few days ... which is why we should have tracked down Public Defender Howard Finkelstein before Friday of last week.

It turns out our favorite whipping boy has been making concessions after all. That's right, Mike Satz, the man everyone said will never change because he's simply incapable of changing, has been, well, changing.

Howard told us discussions are under way to divert first time drug offenders to an SAO run pretrial drug diversion program. The program will be shorter than Drug Court, maybe six months, and supposedly capped at 1/2 gram (cocaine and pills?).

Drug Court Judges Beach and Pollack, for their part, are rumored to be mighty unhappy, not only because they believe Drug Court provides greater long term results, but because Drug Court has traditionally been limited to the very same first time offenders. Will Drug Court be expanded under the local rules, in addition to the new statutory provisions allowing some theft related charges in? Does Mr. Satz hope to take the pressure off his line prosecutors by agreeing to expand Drug Court, after freeing Drug Court resources through his new SAO diversion program?

Again, our information is sketchy. We're not sure how it's supposed to work, or how the new 52 Points statutory limitation will come into play. But it's a start, and anything new is great news here in Broward.

And that's not it. Get this - Mr. Satz is also willing to try fast tracking third degree felonies a la Palm Beach.

Again, we don't know much, but the basic idea would be to have ASAs capable of making case filing decisions at magistrates. If the defendant is charged with a non-violent third and scores discretionary, he could be charged and allowed to plea to probation (or set off for a few days to allow meaningful contact with an attorney).

The Public Defender is not very happy with the fast track idea at this point. He's not willing to quickly criminalize a defendant simply because the system is overburdened, and we all know how he feels about meet, greet, and plea. Howard says he's going to fight the plan unless the SAO or the judiciary provides an incentive for defendants to move quickly, such as offering Withholds and Time Served (phrased correctly, of course, to make the sentence legal), or other pleas that don't set people up for failure a few months down the road.

As for the issues surrounding Drug Court and the new SAO program, Howard hopes to introduce small time street level dealers/addicts into Drug Court. And why not? Even the legislature recognizes that many addicts are forced to sell to support their habit, and they allow judges to sentence defendants charged with dealing crimes to programs. It just makes sense.

We also asked the Public Defender if he had ever questioned Mr. Satz on his policy of filing felony drug residue cases, which, of course, don't see the light of day in our neighboring counties.

"Yes," he said. "I have. He told me he didn't feel he should reward people for finishing their cocaine."

And why does Howard think all these changes are occurring now? Is it simply the budget crisis, or is it a combination of factors including a hard charging Chief Judge and Public Defender, and a new Sheriff, in addition to the national movement toward a sensible drug policy?

He smiled and paused.

"Because of a confluence of factors, Broward County may be finally willing to enter the twentieth century," he said. "And I know this is the twenty-first century, before you correct me."

Briefs in Marek Death Case (oral argument is July 1st)

*THURSDAY NOTES*

Field Trip! - Click here for the email and documents Chief Judge Tobin sent around detailing his trip to Palm Beach yesterday with Ilona Holmes, Howard Forman and other members of the PSCC. Tobin wants to ramp up the efficiency of First Appearances to Palm Beach levels, where they dump many more garbage cases than we do. He also wants to consider Palm Beach programs designed to dispose of third degree felonies and VOPs at lightning speed. He estimates that Palm Beach has already saved roughly three million dollars on some of these programs, which have only been around for a very short time.

Great thinking, but let's face it. As long as Mike Satz is around, there will never be proactive or quick action designed to get non-violent people out of the system. He's going to keep covering his ass, even though his actions imperil public safety by overburdening ASAs with nonsense prosecutions, waste tax dollars that could be used to ensure convictions of violent felons, while proliferating poverty and hopelessness in our poorest communities via mass incarceration rates that dwarf our neighbors (not so coincidentally, Broward's violent crime rates are climbing despite a decreasing population, while theirs are shrinking).

We're thinking the only way for things to change may be for Tobin himself to take the bull by the horns. Couldn't he personally preside over Felony VOP and third degree felony blitzes and do what all the other judges are too chicken to do? Is he also afraid to neutralize Satz by uttering the sacred words "Adjudicate and Time Served" on residue drug cases, or "Reinstated" or, gasp, "Probation Terminated" on stupid technical VOPs? Is it really that big of a deal?

Speaking of Tobin emails, we also heard that the Chief Judge sent an email over the weekend soliciting judges who may want to voluntarily change divisions in the near future. The word "rotation" was not used, but we still expect some changes soon. Is the Feren disqualification issue part of the impetus for the expected division swapping? Stay tuned ...

And speaking of Feren - we received the data concerning how much vacation time he's taken thus far this year. Discounting the time off for training or seminars, he's reported nothing out of the ordinary, maybe a full week of vacation not including his upcoming break in July.

So, why do we hear so many complaints about the time he actually spends in court? If he's really taking time off, and it's not vacation, are they sick days? Let's hope he's not battling any physical issues, but it sure would be nice to know what's been going on and for how long ...

Tobin v. Spechler was put to bed once and for all today by the Federal Court of Appeals. Click here to read the short opinion.

Our favorite part: " ... no violation of a clearly established constitutional right occurred, plaintiff does not have standing to pursue his claims, sovereign immunity protects defendant from the state law claims, and, in any event, they have no merit..." Ouch!

DBR: Broward inmates face lengthy jail times before trial

JAABCAM

JAABLOG — Fri, 26 Jun 2009 01:29:00 GMT

1.) Hail to the Chief! Marge McClain, of the Hurley/McClains, is the new President of the Broward County Judicial Assistants' Association. Trish Mcgee hands over the reigns after many years of steering the ship on July 15th, when Judge Hurley swears Marge in at the Installation Luncheon; 2.) State Representative Ari Porth escorts the kids from the 2009 Broward County Law Enforcement Explorer Academy through the Halls of Justice; 3.) It's true - General Master Debbie McClosky really is from Midland, Texas. Does her family know the George Bushs? Yup. Will she tell you what she thinks about them? Yup, which probably explains why she's still a GM after eight years of Jeb (and lucky for us she is - she truly does amazing and inspiring things in her capacity over the Mental Health and Drug Court clientele); 4.) Juror #7 - Richard Rosenbaum, the appellate go-to-guy for the private sector, expresses his joy at having to sit through voir dire in Judge Backman's courtroom before getting the inevitable boot; 5.) Broward County Bar Association President Chris Neilson always has a smile (even for a critic of his organization); 6.) "Hey buddy, how did you find your lawyer?" "I found his card in the courthouse bathroom." The latest in lawyer marketing - leave your cards on the third floor Men's Room wall (where the condom machine used to be).

JAMES JONES, PROCESS SERVER

JAABLOG — Thu, 25 Jun 2009 19:30:00 GMT

James Jones of Out On Bail, Inc.

James Jones is a licensed private investigator and process server. You probably recognize James from seeing him around the Broward Central Courthouse.

If you have a subpoena you need served, give him a call at 954-644-0274. He can also be reached through the Out On Bail Agency at 954-885-2245.

A Broward subpoena will run you fifteen dollars, unless it's way out west, in which case the fee jumps to twenty bucks. Dade subs are thirty dollars, and Palm Beach will run you forty. If you need him to get the subpoena issued by the Clerk of Courts, that's another ten bucks, unless he's already heading over there anyway.

The bottom line is that James is flexible and fair, so give him him a call and see if you can strike a deal.

JAMES JONES SUBPOENA SERVICE: FAST AND FAIR

THE GIFT THAT KEEPS ON GIVING

JAABLOG — Thu, 25 Jun 2009 01:29:00 GMT

Loureiro is flaring up again - will there be an evidentiary hearing after all?

Motion to Dismiss Based on Prosecutorial and Judicial Misconduct? - here is the Motion to Disqualify the 17th Circuit Judiciary filed by attorney Michael Tenzer in State v. Loureiro. The State's Response filed by ASA Scott Raft follows. The Motion was originally filed Pro Se by Defendant Loureiro on June 4th, and then beefed up and refiled by Tenzer.

Apparently, all the sordid details of the Loureiro affair may come out anyway, despite the best efforts of Messrs. Satz and Rogow. Will Gardiner and Scheinberg have to take the stand after all, or will the SAO go even further in its perceived protection of the dynamic duo by making Loureiro a real sweetheart of a deal? (like a nolle prosse and a job doing data entry)

Judge Lucy Chernow Brown certainly seemed taken aback by all the shenanigans. Click here for the transcript of the May 15th hearing, when she was informed that the Supreme Court would likely be accepting Satz's concession, obviating the need for the scheduled evidentiary hearing. Judge Brown questioned why Rogow/Satz were even involved, since the matter involved accusations of misconduct by the 17th SAO, and she seemed displeased that the new trial would be awarded based only on an "appearance of impropriety." She was also upset that a witness list had not been timely filed as ordered, even though the depositions had already been taken. Welcome to Broward County Lucy!

The witness list was eventually filed a couple of days later. The witnesses: Sheila Alu, Michael Tenzer, Gawane Grant, Stuart Michelson, Lucianna Calegari, Patricia Ybars, Ana Gardiner, and Howard Scheinberg. Calegari & Ybars are the civilians who were present during the drinks and discussions, and their addresses are in the court file. (in case the JQC is interested)

Interestingly, the transcripts of the depositions did not appear to be with the court file, although we might have missed them. In any event, they are filed now, as attachments to Tenzer's Motion. The trial is set off for some time for Tenzer and penalty phase attorney Raag Singhal to prepare. In the meantime, Judge Bidwill will rule on the Motion to Disqualify.

Pigs have flown - that's right, the rumors are true. Mike Satz has indeed relaxed an ancient policy. An email supposedly went out a couple of weeks ago allowing his line prosecutors to offer something besides eighteen months Florida State Prison on Delivery or Possession With Intent cases. Of course, certain requirements must be met, such as no priors. At least it's a start.

Why the change? Are some of Mike's famous yes men starting to stand up and talk sense to him? Has Mike himself read a book or a newspaper lately detailing the complete failure of his type of prehistoric drug policy? Or is it simply because nobody followed the dumb rule anyway? No one's talking, but let's hope he gets around to dumping the residue cases too.

Veterans' Court Coming? - We're hearing that combat decorated Judges Joe Murphy and Michael Gates, together with newbie Judge Merrigan (who also has an extensive record of service in the armed forces), are working up a Veterans' Court based on the model in place in other states. Veterans who come into the system on minor crimes will be put back on track by reconnecting them with their benefits quicker than the Clerk's Office can get a court order carried over to the Main Jail. A great idea.

A Rule to Show Cause was indeed issued by Judge Stanton Kaplan yesterday against FLPD's Maldonado for going on vacation during a trial he had been served on. The Judge is interested in seeing whether this is a pattern of behavior, or just a one time screw up on Maldonado's part. Strangely enough, a defense witness was also a no-show, until discovered by BSO and locked up to dry out. The case was set off until mid-July due to the witness problems, so stay tuned.

The Kevin Bradley case has also been pushed back. This is the one where Bradley was tasered while shackled in circuit court. Judge Siegel is a witness, and now Bradley's being prosecuted for allegedly forcing BSO to zap him. (CYA anyone?) The case has a status on August 10, and a trial date on August 17. Let's hope prosecutor Cathy Berkowitz dumps this turkey before doing even further damage to the reputation of the SAO.

See ya ...

Marek Case Set For Oral Arguments Before Supreme Court on July 1st

DOJ Announces Commitment to Public Defenders, Legal Aid

Judge grapples with her discovery of 15,000 unserved foreclosure cases

Sex Scandal at White & Case

WA POST: Panel Sets Guidelines For Fighting Prison Rape

Sheriff Lamberti Under State Investigation Too

Murder case in peril after a controversial decision by a Miami prosecutor

Picture of Juan Arias and Justice Labarga

Governor signs clerk oversight legislation

Who’s responsible for housing the state’s conflict counsels?

The pros and cons of shackling juveniles

JNC picks 6 finalists for Miami-Dade county seat

Dog handler led to bad evidence

All Bradenton police cars outfitted with video cameras and microphones for cops

Editorial: Vindication for Judge Barnes victory for justice, taxpayers

Evidence mounts to make changes in mental health and Florida jails

NY: Felony Conviction Reversed due to Lawyer Who Slept During Trial

9th Circuit OKs Suing Prosecutor Over DNA Sample

NYT: Daughter Against Use of Father’s Name to Subvert Neo-Nazis

Philly lawyer throws fit in court upon hearing ruling, tosses chair

4TH DCA 17TH CIRCUIT OPINIONS RELEASED 6-24-09

Levenson - Affirmed Tuter - Reversed in part and remanded for further proceedings

Siegel - Reverse and remand for a new trial (Does not include PCAs)

THEY SAY THE DARKEST HOUR/ IS RIGHT BEFORE THE DAWN*

JAABLOG — Wed, 24 Jun 2009 13:43:00 GMT

MIAMI HERALD
Change sought in Florida prison system

"A call by Florida's most powerful business lobby to halt prison construction and reform the criminal justice system is gaining surprising traction among policymakers in the wake of a deepening budget crisis and growing evidence that building new prison beds will not reduce crime...

Staying the course, coalition members wrote, will lead to ``too many non-violent individuals being incarcerated, too many prisons needing to be built at astounding public cost [and] too many young people moving from the juvenile justice system into the adult justice system.''

Florida still will need prisons for violent felons, (Bob) Butterworth said. But spending $1 billion over the next decade to build new prisons for drug addicts and people with mental illness, he added, is ``nuts. There's just got to be a better way.'' ...

And most Americans appear to agree ... A just-released poll by the National Council on Crime and Delinquency showed that nearly eight in 10 Americans favor probation, restitution and community service over prison for ''nonserious, nonviolent, nonsexual'' offenders."

Read the open letter to Crist and all Floridians

Broward considers taking over jails

                                                                    (Thanks to RD)

                                                                  (*Who sang that?)

MONDAY NOTES

JAABLOG — Tue, 23 Jun 2009 01:30:00 GMT

Election Day - Tuesday is election day for the Broward County Judicial Assistants' Association. After many years of service, Trish McGee is hoping to pass the reigns to another dedicated individual with a high threshold for pain (hello, one judge is bad enough - how would you like to handle a hundred of them?). We'll let you know the results sometime after the lunch-time meeting ...

Lazy, lazy, lazy - We never got around to writing up the notes from the last PSCC Meeting. Luckily, BACDL's Ira Still did. Here are Ira's notes. The only thing missing are the direct hits Howard Finkelstein scored on the County Commission regarding the Bookends they placed around the Pretrial Release program. If we get around to it, we'll type them up and send them out.

Tobin to the rescue - We heard Chief Judge Tobin may be picking up some of the slack in Feren's division. He's supposedly set to hear a trial with the speedy clock ticking during Feren's upcoming vacation. As for our question regarding just how much time Feren has taken off this year, General Counsel Alexandra Rieman was kind enough to call today to let us know we should have it tomorrow.

Stanton Kaplan not too happy - We heard a Fort Lauderdale Raider may have put in for vacation while under subpoena for trial. Uh oh, wrong division to try that one in buddy. Rule to show cause time? We'll let you know what happens ...

Resign to run? - Not for State Reps, at least that's what our very own Perry Thurston tells us. It was a quick answer to our quick, off the cuff question in the halls of "justice", so don't go thinking Perry has confirmed any plans. Still, we remember when he put his name in for judge not so long ago, before he was a highly electable commodity. Does he still want it, or does he harbor real ambition? Will it be six of ninety someday, or will Mr. Thurston go to Washington? ...

Speaking of ambition - Is the "Robert W. Lee" listed as a contender for U.S. District Judge the same Robert W. Lee of the Broward County Court? Check out page six of the list of applicants to see for yourself. We wish him luck in his quest to make us eat his dust. (list courtesy of The Southern District Blog)

Exodus - What's going on at the SAO? Five more highly experienced ASAs out the door? When senior associates flee law firms at the rates they're jumping ship at the SAO (in a sour economy, no less), you know there's something wrong on high. To be fair, at least one got an offer she couldn't refuse - Fara Gold's hit the prosecutorial big time, joining the US Attorney's Office in D.C. Whatever the reasons, we wish them all luck, even though none of them need it. Heck, we even have a suggestion to help Mr. Satz improve morale - instead of a glue job badge and backboard plaque, why not entice your people to stay put by supporting them to become judges? Hello? Anyone?

Great Lines - Lawyers have been giving us some great one-liners lately to use as we please.

On Feren:

"How's he going to rule on a Motion to Disqualify when he can't even figure out the presumption of innocence?"

On the SAO:

"There's always been a competition in Broward between the judges and the State to see who can be the biggest bastard."

On the SAO again:

"It's not fair to blame the judges for the problems in Broward. They're just like the lawyers, dancing around a huge pile of sh*t. Everyone does their best, but ends up smelling bad."

And, to close, we got the best client mass text message ever on Sunday:

"2 all tha motherfukers.!!..HAPPY FATHER'S DAY.!!

How can anyone top that?

SATZ, INC.

JAABLOG — Mon, 22 Jun 2009 23:00:34 GMT

SUN SENTINEL
Broward sheriff's deputy Charles Grady kept badge, job despite repeated complaints from women

"A review of Grady's service record by the Sun Sentinel turned up complaints from women over the years who claimed the deputy had berated, belittled, molested, fondled, hog-tied or pepper-sprayed them.

In 2000, his supervisor questioned his mental well-being. In 2006, the Sheriff's Office paid $7,500 to settle the complaint of a female drunk-driving suspect who claimed negligence and nerve damage after Grady reportedly hog-tied her in a holding cell...

In November 1999, a stripper said Grady slammed her against his cruiser, promised to give her "something to cry about," and later hog-tied her and pepper-sprayed her in the face.

Six days later, another woman accused of causing a road accident complained that while she was hospitalized with a resulting concussion, lacerated liver, broken pelvis, hip and clavicle, Grady came to her hospital room, threatened to take her drivers license away for life if she didn't provide a blood sample and called her "a f---ing drunk, a f---ing whore, and a f---ing liar." ...

At the plea hearing held for Grady last month, it emerged that as part of the negotiated deal that got him to relinquish his law-enforcement certification, prosecutors agreed not to pursue an alleged case of felony armed sexual battery against him.

According to court records, a stripper said that last Oct. 2, Grady stopped her on her way home from her job at a Fort Lauderdale club, forced her to perform oral sex at gunpoint and threatened to kill her if she told...

Prosecutor David Schulson insisted Grady received no special treatment because he was a sheriff's deputy, and said the stripper's complaint would not have held up in court because "there was no independent evidence supporting [the victim's] allegations, forensic or otherwise."

WHAT ABOUT THE WILLIAMS RULE?

Topix: Sentinel Grady Comments

State commission probing whether Broward Mayor Stacy Ritter violated campaign laws

Judge Levenson denies Death Row inmate's request to toss conviction in Broward murder

DANCE, DANCE, DANCE

JAABLOG — Fri, 19 Jun 2009 20:32:00 GMT

A "good little tool"?

BOB NORMAN'S DAILY PULP
The Florida Bar Strikes a Blow for Unjustice Everywhere

" ... the Florida Bar Association is going after lawyer Lawrence "Chris" Roberts...

Roberts, you see, had the audacity to tell the truth. He told of Judge Larry Seidlin's improprieties as a judge, about his soliciting of a purse for his wife and a shirt. And about his exploitation of an elderly widow in his building, whom he and his family stand accused of fleecing hundreds of thousands of dollars from.

Roberts' courage to come forward have earned him bitter enemies at the courthouse -- and should earn him a medal from the Florida Bar. Instead, it earned him the bar's wrath. I learned that the bar filed its own complaint against him for failing to promptly report wrongdoing by a judge...

It looks like a way to punish a whistle blower, and it makes the bar look not like a vehicle for justice (I couldn't even type that with a straight face) but a tool of the corrupt establishment, putting a whip-cracking on those bold enough to tell truth to power...

... at a June 10 Bar hearing for Roberts, Bar counsel Juan Carlos Arias became irate with Roberts, practically yelling at him for not coming forward years before when Seidlin first asked him to buy his wife a purse for her birthday. Yeah, that's right, Arias got all red and puffy about it.

And I'm thinking, Juan Carlos Arias, eh? You mean the guy who is lifelong friends with Ana Gardiner, the disgraced Broward judge who blatantly lied under oath about her improper contact with former prosecutor Howard Scheinberg? The judge whose death-penalty case was tossed by the Florida Supreme Court because of her misconduct? Read here for more, including allegations of an improper relationship with former prosecutor Peter Patanzo, another Arias chum..."

JAABCAM

JAABLOG — Fri, 19 Jun 2009 20:31:00 GMT

1.) Happy Anniversary! Gentleman John Kastrenakes celebrates his first full week on the Palm Beach circuit bench Friday (too bad he didn't pay Broward a visit in his former capacity as a DOJ public corruption prosecutor before the Governor made him a judge); 2.) Judge Terri-Ann Miller testifies Monday in Levey-Cohen v. Snipes; 3.) Frog's in the house - Frog brightens everybody's Thursday; 4.) Who is behind the mysterious NO PARKING signs popping up around all the Scherer owned properties across from the parking garage? Is it the city? Is it SMD Realty?; 5.) Everyone knows it's Wendy - behind every good judge is a great JA. Stanton Kaplan's loss is Marc Gold's gain; 6.) The court interpreters raise medical awareness by selling delicious, cholesterol filled bake goods.

FUN WITH FEREN

JAABLOG — Fri, 19 Jun 2009 01:29:00 GMT

Feren's courtroom around 3:00 PM Thursday

This Motion For Disqualification Of Judge was filed today by the Public Defender's Office.

We weren't there, but Judge Feren apparently commented on the length of the Motion, and said he needed time to read it. He reportedly stated that he has detentions duty next week, and was then embarking on a two week vacation. He set the case for July 17th, which was supposedly the earliest date he could give for a possible ruling.

A full month to rule on a Motion for Disqualification?

We spoke to Howard Finkelstein. He says his lawyers will be filing motions in most every relevant case, and because of the potential backlog in the division, he's exploring whether to approach the 4th DCA for a Writ of Mandamus.

Naturally, our curiosity was piqued. We've heard lots of stuff about Feren. Like he's out a lot, doesn't work nearly as many afternoons as the other juvenile judges, and has tried only two cases to verdict all year. So we made some calls.

The first call went to his JA. She couldn't tell us how many vacations Feren has taken this year. She told us we have to check with the Chief Judge, because she couldn't remember "off the top of her head."

Next we called Chief Judge Tobin's office. We were told the Chief Judge keeps copies of the memos sent by judges relating to vacation time, but it's Court Administration's job to keep the originals and to maintain accurate records, since some judges don't copy the Chief Judge.

Next we called Court Administration, who, predictably, told us they don't keep the records. They referred us back to Tobin, and promised to call back if they could locate Carole Lee Ortman or anyone else who could determine who kept the judicial vacation logs.

Tick Tock. No one calls, so off we go to visit Tobin's JA in person. No, Court Administration definitely keeps the records.

Now it's on down the hall to Court Administration, where we're again told to see Tobin. Frustration sets in.

As previously reported, we're mighty sick of getting the run around from Court Administration (that's the nice way of putting it). Why do they guard public information like it's some sort of state secret? Would the hunt for Bin Laden be compromised if they come clean about things like case counts and vacation days? What's the big deal?

However, before we get too heated up, the phone rings. It's Tobin to the rescue, again. We're sent packing back to his office, where his JA mediates a discussion between the waiting room and the Chief Judge's closed door. After a couple of back and forths, we're told to put in writing what we're after, and we'll get it in a reasonable time. We hand over the Chapter 119 public records request that was hastily scribbled on the back of 17th Circuit General Counsel Alexandra Rieman's business card back in Court Administration (nice touch, right?), and we're gone.

Another blog mountain made out of a mole hill, by people who should know better by now. Unless, of course, there's something they really don't want us to know (2010 anyone?). Is Administrative Order I-06-A-3 being adhered to or enforced? Should we be asking for all of the judge's vacation days next? Stay tuned.

(By the way, how about that Anthony Narula? Did you read the Feren transcript? The Florida Bar website shows he won't even have a year in until September, yet he's playing with Feren like a cat with a twitching mouse. We love it.)

Rob Jakovich has company. Rumored candidate Rhoda Sokoloff made it official, filing in the race for Vitale's seat. Check out the DBR's Inside Track for a profile of Ms. Sokoloff.

Seriously, how awful would it be if we end up with a 100% Jewish judiciary? We love our lox and bagels and Old Testament as much as anyone else, but would that be good for Broward? We say NO NO NO.

But, will anyone run against the Jewish judges that need to GO GO GO? More importantly, can they win? Will the community rally behind minority judges and minority candidates in order to assure a judiciary that reflects the makeup of the County? Are we doomed to five of ninety, plus a couple of Latin kids, because the voters and the Governor say NO WAY to diversity in Broward? Let's hope not. (Nothing personal to Rob or Rhoda, but we do see a pattern developing)

Cheaters - The Martinez trial will resume October 19th, in the middle of a cop's testimony. The original jurors, minus a few, will reconvene months after this Satz stink bomb first blew up, just like nothing happened. Only in Broward.

Here is the list of BSO programs that will survive and be cut, as of June 17th (courtesy BACDL).

DJJ dedicated a classroom to Judge Howard Zeidwig and Judge Charlie Kaplan earlier this week. Sad, but cool.

Judge Ginger Lerner-Wren will be handing out the annual Mental Health Awards Friday, in the usual place. Stop on by.

That's it!

NYT: Justices Reject Inmate Right to DNA Tests

Shari Tate seals murderer's fate

Attorney George Reres sits with Eric Patrick
during Tuesday's penalty phase

WHO IS STEVEN FEREN & WHY DID HE WANT TO BE A JUDGE?

JAABLOG — Thu, 18 Jun 2009 01:29:00 GMT

                                    Judge Feren doesn't want you wasting his precious time.
                                           If you do, he's going to burn your client...

                         Excerpts from a May 28, 2009 transcript (it starts to get good around page ten):

... not all of the felonies ultimately matter down the road. There's really no difference between a grand theft and a petit theft withheld (p.15)...

... I don't understand why on earth I have to spend the time going to trial when it really doesn't matter in the long run to the child (p.17) ...

You can always come up to me side-bar and explain to me why I shouldn't be upset that you're going to trial and that it really makes sense to go to trial in this particular case, and then I won' t be upset (p.18) ...

I don't believe that the misdemeanors matter, ultimately (p.19) ...

I'm not going to do it concurrent, because the child took his chances, went to trial, I found him guilty, and he has to do a separate punishment on that in my mind as opposed to the other cases where the Court is giving him what's agreed to between the parties as an expediency because the child's pleading no contest ... So, that' s also part of your obligation - to tell him that if he loses, you know, he'll face a stiffer penalty. -- so he's taking his chances to go to trial (p.21-22) ...

No, I'm not punishing them for exercising their right to trial. I believe that if you go to trial and I hear all the evidence and I find you guilty, that because I've found you guilty, you should get a punishment and that punishment is different than if you come in front of me and you plead no contest and I don't know whether you're really guilty or not, and I'm just giving you whatever it is that's agreed upon between the parties. It's not punishment for going to trial. lt's punishment for being adjudicated and being found guilty (p.22 23).

The Tao Of Sunrise Mayor/Judge Steven Feren (December 19, 2008)

"Outgoing Sunrise Mayor Steven Feren, who is leaving office next month to take a judgeship, is proving once and for all that's he's unfit for public office.

The mayor's recent actions have been disgraceful. He is, right now, scrambling to try to get his fellow Sunrise commissioners to vote to ensure him an extra $150-a-month subsidy for the rest of his life as part of his city retirement plan. Sunrise taxpayers should be outraged since they are already paying him a pension and a $200-a-month subsidy on top of that. The public will also be paying his $145,000 judicial salary. This guy isn't a public official -- he's a hog at a trough..."

                                JAABLOG'S FREE TIP FOR JUDGE FEREN -
              IF THE LITTLE BLUE MAN IS LIT UP, YOU ARE BEING RECORDED

      (PS: Feren has only tried two cases to verdict since starting in January)

4th DCA 17TH CIRCUIT OPINIONS

JAABLOG — Wed, 17 Jun 2009 14:45:00 GMT

OPINIONS RELEASED 6-17-09

Imperato - Reversed and remanded        Gold - Reversed and Remanded

Bidwill - reverse and remand for a new trial      Englander Henning - Affirm

Gates - reverse and remand for the trial court to vacate Cote’s judgment and sentence
                (Dispositive Motion to Suppress should have been granted)

                  Michael Kaplan - Reversed and Remanded
(Felony DUI should not have been dismissed due to loss of DUI Video by the State)

Carney - Affirmed in part; reversed in part        Bowman - Reversed and remanded for further proceedings

Rosenberg - Affirmed        Gardiner - reverse and remand

Krathen - Petition Denied        Bidwill - Reversed and remanded

Gold - Reversed and Remanded for Further Proceedings

                (Does not include PCAs)

Carmel on the Case Video: Seidlin Sued!

"In fact, according to the complaint, Seidlin told someone in his chambers "I met a little old lady in my building. She's out of her mind but she's loaded with dough" ...

Carmel transcript

COMPLAINT (courtesy of the Sentinel)

Feder: Broward elections chief not at fault over Mardi Levey Cohen's loss

Prosecutor loses free speech suit against Miami-Dade state attorney

Here kitty, kitty, kitty ...

Broward commissioners reject tax rate hike

You can weep, but not read, in Courtroom 4810

DBR: Supreme Court ruling on judicial recusal unlikely to be felt in Florida

"Attorney William Scherer, a Fort Lauderdale powerbroker who represented George W. Bush in the 2000 Broward County presidential recount and held a number of judicial fundraisers, contends $500 contributions don’t create a potential for bias.

He does not expect the decision to apply to bundlers, fundraisers who gather a large number of contributions for a candidate. Scherer, who falls into this category, said bundlers have to persuade individuals to contribute a check.

“A bundle is composed of individual checks,” Scherer said."

TUESDAY NOTES

JAABLOG — Wed, 17 Jun 2009 01:29:00 GMT

Coming soon - Juvenile Judge Feren's first star turn on JAABLOG. There's a transcript floating around out there, and it's a doozy. Will this be the end of his short stay in the criminal division? Did he really mean all those silly things he said, or is he just looking to get over to civil and out of the crappy mock courtroom he's stuck in now? Stay tuned ...

Wanted - the identity of the prankster who stole our good name and set up the wholly unauthorized JAABlog Twitter site. We're not angry, so don't worry. It's just that we desperately want someone to explain to us how the whole Twitter thing works (we're old) ...

Cherry Pop - your faithful reporter in the hot seat. After many years of life, and eight years in the Bar, it's our first time ever on the witness stand. Guess what? It's much more fun accusing, berating, confusing, eliciting and finger pointing in court than it is testifying (from the witness stand that is - testifying during closing arguments is quite fun). It's also a little nerve wracking, as our friends over at the DBR's Inside Track Blog report (sharpen your daggers all you haters out there - this one's for you). Other witnesses included Judge Seidman, Judge Miller, GM Lopane, and a couple of prosecutors and defense lawyers who don't want to be named (the issue is simple - were there enough signs at polling places notifying voters of the "Bubble Dijols" fiasco?). The hearing was supposed to wrap up today, but we're not sure what happened or whether Judge Feder has made a ruling. We'll let you know when we find out ...

Rotation - our thanks to "Rotation Plan" at 7:45 AM today. We can't say for sure, but Mr. Plan might have hit the nail on the head with "3 takes 5". Task Force member Robert Lee sent out the following email last Friday (notice the magical number "3" in the text):

If there is any county judge who would like to request or foresees requesting a rotation to another division within the next 3 years, please let me know by Tuesday, June 16. I am taking an informal poll of the County Judges to see how many of us are interested in changing divisions.

Only respond if you are interested in changing divisions. I will keep your response to this inquiry private.

IF I DO NOT HEAR FROM YOU, I WILL CONCLUDE THAT YOU DO NOT WANT TO CHANGE DIVISIONS.

R.

JAABLOG OUT!

(Thanks to the Phantom Fauxtoshopper for the wonderful work. Who is that masked man/ma'am?)

DALE ROSS REDUCED TO BEGGING?

JAABLOG — Tue, 16 Jun 2009 01:29:00 GMT

                                             That Girl Belongs To Yesterday

"You did not respond to my last email. Could you respond? Call me. Can I see you?"
                              -Dale Ross to Rob Carney (cc: "ALL JUDGES, ALL JAS")

Former Chief Judge Dale Ross is publicly reasserting himself into Broward County judicial politics.

It seems he's mighty upset about current Chief Judge Vic Tobin's plans to implement a system of judicial rotation. He goes so far as to question Tobin's motivations (our ears are burning!), despite the fact everyone knows that no less an authority than the Florida Supreme Court "highly recommends" regular rotation. Most telling, Ross still clings to his belief that nothing is "broke" in his beloved 17th Circuit.

Hello? Is there any question that this guy needed to be sent packing from the top job?

In any event, click here to see the memo that Circuit Civil Administrative Judge Rob Carney sent on June 8th, announcing the task force to study rotation of judges. After the memo, check out the two emails that Ross sent to Carney.

Is there a storm brewing? Will the old guard rally behind Dale Ross to stay on their roosts? Will the Supreme Court recommendations be implemented, or will self-interest once again prevail in Broward?

                                        STAY TUNED, A STORM IS BREWING ...

Candidate left off ballot wants campaign costs repaid

Broward prosecutor, public defender wants to try on judge’s robe for size