[check out the new update at the end of the post]
SUBMITTED FOR YOUR CONSIDERATION: ONE JUAN GONZALEZ, putative traffic magistrate, attorney, candidate to replace Administrative Judge Steve Leifman.In his effort to be elected Mr. Gonzalez has decided that certain things are more important than others. For instance, Mr. Gonzalez has decided that winning is more important than the truth.
Each person who runs for Judge must follow this Cannon:
Canon 7A(3)(d)(iii) of the Florida Code Of Judicial Conduct states that a candidate for judicial office “shall not knowingly misrepresent the identity, qualification, present position or other fact concerning the candidate or an opponent.”
The Dade County Bar found, in a blockbuster letter released last night, found that Gonzalez violated both parts of the Cannon of Judicial Conduct- he misrepresented his own qualifications and those of Judge Liefman as well.
2 for 2 Mr. Gonzalez. You' re batting 1000% in your ability not to follow the rules you may have to interpret as a judge.
The full letter is on the Herald web site and an article was written by our favorite Herald Scribe Oh Susannah Nesmith which appears in the Herald today.
The Bar found that Mr. Gonzalez misrepresented his qualifications to a political audience in Aventura (motto: “You’re in Aventura…If you don’t have a million bucks leave now”).
During the Aventura speech Mr. Gonzalez apparently made a BIG DEAL of the fact that he was an SAPD and got court appointments, insinuating that he was an integral part of the Dade County Public Defender’s Office.
OK-stop laughing. Most people who are not a lawyers in out little neck of the of the woods do not realize how pathetic it is for an attorney to brag about getting court appointments.
[Note to all ex-pds who are about to send us angry emails- we are not denigrating PD’s or the public spirit of giving back to the community for which court appointments are designed. We applaud those people who do that. However, we are talking about a candidate who has done so little to distinguish himself that rather than mention he donates some time on indigent cases, he was trying to convince voters that his “appointment” as a special assistant public defender was a rare and special legal accomplishment.]
HERE IS WHAT THE DADE BAR DECIDED:
The commission unanimously determined that Mr. Gonzalez violated Cannon 7 and his pledge to the Commission. Likewise, the Commission unanimously determined that Mr. Gonzalez committed similar violations through his comments about his own credential and about his experience as a special assistant public defender.
The other “ faux pas” (French for “foot in mouth”) committed by candidate Gonzalez was to attack Judge Leifman and try and convince voters that Judge Leifman was not a “full time” Judge because he didn’t have a daily calendar.
Memo to Juan Gonzalez: you blew it buddy. If that was the ticket to getting elected then you should have run against Judge Farina, because Farina is a circuit court judge and his position as Chief Judge does not allow him to have a full time calendar either.
If you have spent any significant time in REGJB then you know the easiest piece of cake job is being a county court judge with a daily calendar. 10-2 and you’re through. A few DUI trials now and then, but nothing that requires 14-16 hour days.
However, the position of Administrative Judge has many more responsibilities beyond what the average Judge has. Mr. Gonzalez should hang his head in shame for trying to convince voters (in a desperate attempt to get elected at any cost) that Judge Leifman is taking the easy road, rather than acknowledge the fact that being an Administrative Judge is an honor and recognition by other Judges of Leifman’s experience and ability.
JUAN GONZALEZ-WELCOME TO THE TWILIGHT ZONE, WHERE IT IS HARD TO RUN FOR OFFICE WITH LITTLE PROFESSIONAL ACCOMPLISHMENT OF YOUR OWN, AND AGAINST A JUDGE AND FORMER PUBLIC DEFENDER WHOSE CAREER AND PROFESSIONAL ACCOMPLISHMENTS CAST A SHADOW EVEN YOU CAN’T IGNORE.
We are so disgusted with this mess, we may just stay home today and mope, so we probably won’t see you in court today.
PS. After pondering todays events, we decided to go to work after all.
We also thought of this:
What happened to Mr. Gonzalez is what happens when someone runs for office based on a campaign of hate, vengeance and intimidation.
Mr. Gonzalez’s campaign against Judge Leifman was born of Gonzalez’s desire for retribution because Judge Leifman in his role as “Lord Of The Traffic Magistrates” beheaded Gonzalez for his poor performance as a magistrate.
Gonzalez, who had the disturbing propensity to refer to himself when he was on the bench as the “holy trinity” should know as a proponent of religion that the almighty has reserved vengeance as the sole providence of the lord (much the way Congress limits the jurisdiction of the federal courts).
Mr. Gonzalez then sought as his campaign guru, none other than everyone’s favorite former JA, Juan D’Arce, who had his own cross to bear (what's with the religious stuff today???) against Leifman because Leifman had the temerity (and good sense) not to give Mr. D’Arce any money as a political consultant.
Thus the campaign against Judge Leifman emerged as not one of competence or ideas, but one of vengeance, grudges, and pay-back. The problem Mr. Gonzalez has encountered is that the public doesn’t care about his petty problems, and he has nothing good to say about his own qualifications.
To finish out today's religious theme: "You reap what you sow."
See You In Your favorite place of worship.
93 comments:
The judge that works part-time regularly is Ivan Hernandez down in South Dade. He's off on Mondays save the one Monday a month he has domestic cases, works half days through the rest of the week and rarely at all Fridays. That schedule has been going on since he got there long before he got opposition. Perhaps if he knew the law it wouldn't be so bad. Wasn't he also a traffic mag like Gonzalez? They may be clones.
Cant wait to see all the "awwww, steve leifman is hurting poor juan gonzalez" comments.
The guy is a clod and doesn't even deserve to be a lawyer, much less a judge.
Drop out Juan, and you too Juan.
The actions of Mr. Gonzalez are truly PATEHTIC. Heaven forbid you become a Judge, do you think anyone will take you seriously.
In addition to violating Canon 7, one has to wonder whether there are any potential bar violations for lying like that.
Help keep some integrity on the bench and get rid of these bad apples. They make us all look bad.
Shame on you.
there are two sides to every story. i for one, would not brand a man guilty because the Dade County Bar says so. Most members of that bar support Judge Leifman. Rumpole, I can understand why you support Leifman. I support him also. However, let us not forget that he is far from perfect. For example, he found Alex Micheals GUILTY! on that bullshit case where Alex went bench. Alex swam across the Danube river while communist gunmen fired rocket launchers and 50 cal. machines guns into the water as he swam to freedom.(tcl) Would you trust judge Leifman to give you a fair bench trial after he found Alex guilty? Would you Rumpole?
On Sunday, June 25, 2006, Rumpole wrote:
"THIS IS MY BLOG
Now I am speaking in the first person because I am serious.
This is my blog.... I will not allow it to be used to attack people."
How fast Rumpole forgets his own rules! Or is it that he considers himself above them?
Rumpole's disrespectful post against judicial candidate Juan Gonzalez is unkind and unbecoming of what we are all aspiring to be.
Rumpole criticizes Mr. Gonzalez for allegedly violating Canon 7A(3)(d)(iii) of the Florida Code Of Judicial Conduct and yet Rumpole does worse.
What ever happened to preaching by example? Is this attack against Gonzalez the best Rumpole can do to make Judge Leifman seem deserving of reelection?
It's obvious, that Mr. Gonzalez needs to get better advisors. Judge Leifman has disparaged him up and down this town and Mr. Gonzalez has yet to file a single complaint against Leifman.
In a Daily Business Review article published on March 1, 2006, reporter Julie Kay writes: "Leifman said he fired Gonzalez after 11 years as a hearing officer because he displayed 'inappropriate demeanor and incompetence.'"
Is this not a gratuitous and self-serving misrepresentation by Leifman against his opponent?
Isn't this a clear violation of Canon 7A(3)(d)(iii)?
And this is only the tip of the proverbial iceberg.
Leifman then went on to tell Kay that "Gonzalez 'was getting up on the bench and yelling at people about the Holy Trinity. He would yell at lawyers.'"
Isn't this a clear violation of Canon 7A(3)(d)(iii)?
The quote clearly implies that Gonzalez did this in Leifman's presence. Yet, what did Leifman do when he heard Gonzalez doing this? Leifman does not say. According to the story Leifman says Gonzalez served "11 years as a hearing officer." How odd that Mr. Gonzalez suddenly became "incompetent" according to Leifman while under Leifman's watch. Could there be more to this story that Leifman is not telling us?
Mr. Gonzalez, before you can convince us that you can stand up for the rights of the public, you must demonstrate you can stand up for your own rights.
When will you or your campaign manager file the long overdue complaint more than justified by your opponent's disparaging and misrepresenting statements against you???
Get moving, Mr. Gonzalez. The Opera isn't over until the fat lady signs.
The Dade County Bar Association's laughable opinion on complaint is just dogs barking are their own shadows. The Bar's pathetic cronism and cover-ups are one of the many reasons our community thinks so low of lawyers. We need to clean house.
Take heart, Mr. Gonzalez: The voters are the ones that will decide this election!
To the legal scholar who posted above- do you not understand the difference between the blog being used to post "i want judge so and so to give me a blow job" and the blog commenting on a candidate who the Dade County Bar has found violated the judicial cannons of ethics? As we clearly said in our Sunday post, when a judge does something wrong or stupid, we will be there to comment on it and so can everyone else. Mr. Gonzalez got caught with his mitts in the liar's cookie jar. He bragged about being an SAPD when you and I know that is nothing to brag about, and he called Judge Leifman a part time Judge because Leifman does extra work on behalf of the mentally ill. (maybe you should apply for one of his programs?)
Sorry, but if you can't comprehend that this blog encourages commentary on the judiciary and judicial candidates and their professional competence or (sorry robed readers) lack thereof, then may I suggest you try blogging at wwww.imadofus.blogspot.com?
Thanks for reading.
what about the fact the Micheals swam the Danube River....
I have seen Alex Michaels in a bathing suit and it is nothing to write home about.
"Alex swam across the Danube river while communist gunmen fired rocket launchers and 50 cal. machines guns into the water as he swam to freedom..."
UHHH, objection, UHHH, irrelevant!
It seems as if Judge Leifman has friends at the Herald, Dade County Bar Association and on the blog. Just remember this is a democracy and Juan Gonzalez has every right to challenge Leifman. And by the way, I have yet to see the existance of a mental health court in Dade County! Perhaps we should all realize there was truth to Juan's statement. (isn't truth a defense?
No one (above) has said that Juan Gonzalez doesn't have the right to run against Leifman. I wish more people would run against incumbents. However, if you are going to run, you have to play by the rules. And if you don't play by the rules during the campaign how can people expect you to follow the law if you get elected?
the people shooting were on the side alex was swimming towards.
4:01 poster
the danube river stuff was a joke. your a moron!
juan gonzalez seems to be a turd of turds. he has a guy driving around in a truck with a huge sign which states gonzalez 60% leifman 40% which is a play on the spanish/ gringo ratio. has he ever tried a criminal jury trial? if so when
To the persistent and
perpetually horny person who keeps trying to get a posting up about a threesome with two blonde winsome Judges (one in Broward and one in Dade). Give it up. This blog is not about that. However, if you could pull it off and prove it, you would have our total respect. You would most certainly be THE MAN.
To the poster who said the people on our side were shooting at Alex- very very funny.
Rumpole, are you certain it was a man who wants the threesome?
i'm a funny guy. but sleepy ain't.
Juan Gonzalez? How many of them are there out there? Is the one running against Leifman the same one that speaks kind of funny? The one who has a lisp?
I suspecet the reason Juan Gonzalez a/k/a: Juan D'Arce's "BITCH". wont file a complaint against leifman because if you follow the dade county bars letter which sanctioned him, they provided Juan with numerous opportunies to refute the allegations against him. Each Time and I repeat each time he responded he admits that what he was accused of is true.
If a crminal defendant says "I did it" what do we do?
The biggest problem and I really mean biggest problem that Juan Gonzalez and Ivan Hernandez have is that they want to associate with a low like Juan D'Arce. Anyone associated with D'Arce instantly is losing the respect of right thinking people.
Ps. Rumpole cant find the wwww.imadofus.blogspot.com as I need to direct a few assocites and clients.
If one does not exist I suggest starting it for future bloggers that must be directed to the correct blog (i.e. Juan Gonzalez supporters).
You must mean the respect of the "Good Old Boys". The man has helped so many of the current sitting Judges, you sound like a fool when you say that. Let's be honest, you are mad because D' Arce gave hope to minorities like Adrien, Rubenstein, Areces, Fernandez, Martin, Francis, Krieger-Martin, Miller, Barzee, Schwartz, Ward, etc. who are now on the bench.
Once and for all, tell the truth and not just your uneducated opinion. Unlike Cuba, people in the US have the right to support whomever they want. Just look at all the married judicial couples on the bench right now. Face it, the guy is good and refused to work for decrepit legal law breakers like Brummer, Leifman and Levy.
You know this is political and there is no question about it. Why? Because if it was about anything with substance all the other Court employees currently involved in campaigns (or running for office like Ms. Cynamon) would be under the microscope as well as well as the Judges who utilized them or are married to another Judge.
Lastly, Karma is a mofo. She is actively looking for you and so is your daily subscription to www.imadofus.blogspot.com which most likely is making you member of the year.
Cynamon will have to resign when she is qualified as a candidate. I just checked and she has not yet qualified.
to the person who is complaining about liefman finding alex michaels guilty-maybe he was guilty. I know in the clubby cespool justice bazaar that is the MJB, it must have been heresy among defense attorneys that a judge actually took his job seriously and found one of your brethern guilty.
To call you a cretin for criticizing him for finding michaels guitly is an insult to cretins everywhere
Liefman is a great judge who has done something great by setting up the mental health court. all in the mjb, even you pathetic traffic hacks should be supporting liefman with your vote and money.
Leifman may be a great mental health social worker or administrator, and very commendably so. But he is not a good judge, because he is not neutral or impartial. Ask the traffic attorneys who regularly appear before him how he tries to find every possible way to deny motions to dismiss and find people guilty and fine them. Neither Gonzalez nor Leifman deserve to be on the bench. On the bench, Gonzalez is a right wing Republican and Leifman, even though he's a Democrat, acts like a ring wing Republican. Too bad we have to choose between them in September.
Whatever happened to the old Steve Leifman? The one who was an assistant public defender and a great judge before he lost the election? Where is he now?
Krieger Martin is a minority? Miller is a minority? Ward, Barzee, Schwartz are minorities? D'Arce gave them hope??? Krieger Martin, but for D'Arce had no hope of being a Judge?
Just relax, step down off the ledge, there are no elephants chasing you. Let the nice men in the white coats take you for a little ride in their pretty white car.
Who is Alex Micheals, did he save America?
"For example, he found Alex Micheals GUILTY! on that bullshit case where Alex went bench."
This, I assume, was a D & D where a lawyer was arrested.
"Alex swam across the Danube river while communist gunmen fired rocket launchers and 50 cal. machines guns into the water as he swam to freedom."
What part of Miami is this Danube river in?
Gonzalez is nuts! I saw him in court recently covering something simple like a sounding or motion for continuance and he was babbling and incomprehensible. I'm no Leifman fan but better the evil you know
juan
rumpole is correct when he suggests that you are crazy. ward is a judge because she married ed o'donnell. krieger is a judge because her father is mr. krieger. barzee is a judge because of her sexy lips. and miller is a judge because peckins looked like he was taking a dump in his campaign picture.
"Aha!!! And who is this Camilas!!??!"
Rumpole
What's the over under on when you will come forth and reveal your identity? My book makers predict that you will confess in under a year.
he's gotta answer for alexantino.
today is the day i take care of all family buisness- only don't lie to me rumpole, because it insults my intelligence.
"whatever happened to the summer time cook outs? now we gotta shoot outs- things done changed."
"your holding me in, a musical state pen! i can't do my rock cause the color of my skin. the black say i'm black the white say i'm white. yea. the globe is populated by clight."
THE PROBLEM WITH YOUR NEW "BLOGGER BY BIG BROTHER" SYSTEM IS THAT IT TAKES AWAY FROM THE FUNK IN THE TRUNK...
ESPECIALLY WHEN YOU BLOG ON THE SKUNK.
RUMPY GAVE THE OLD WAY TOO MANY CHANCES.
DIDN'T LIKE THE BLOGGER WHO DEALT THE DIRTY SANCHEZ.
SAID IT WAS RACIST. SAID IT WAS INSENITITVE. SAID IT WAS SEXIST.
ONLY IN AMERICA. NOBODY CAN MATCH MY SKILLS. I AM IMPECHOLIS, INGNGRUALIS, I WANT TO EAT YOUR CHILDREN. PRAISE BE TO ALA.
Rumpole, women were and are consider being a minority on the Bench. Aside from that, I clearly remember when they were chased out of events, he was the individual who stood by them and defend them as the rest of the people who behave like children wanted to lynch them.
Rumpole, you may know about writing a Blog, but you sure know little about campaigns. September 5th will let you revise your ideas and ideologies. For now, just know that the process has more to it than the short cited actions Gonzalez and Leifman have been able to entertain the community with. I agree with you on this for a fact. There needs to be more accountability for the both of them. You agree?
Regarding the Mental Health Court issue, it seems hypocritical to make police officers train to deal with the Mentally Ill, while the Judges or Judge Leifman sees it important enough to create a mental health division to deal with this problem. In the past, the World Renowned Miami Dade Drug Court was created. Judge Leifman does not even hear these cases or make an effort and he is the one with all the special training?
Let me add that Judge Rosinek is also an Associate Administrative Judge who does have a full calendar like all other Administrative Judges (not Judge Slom or Judge Leifman) and manages to advocate on issues that affect the court and the defendants he serves.
All Police Officers should complain as Candidate Juan Gonzalez has that they are forced to train to deal with mentally ill, while the Judges of the Eleventh Judicial Circuit are not trained nor have any clue on how to deal with these type of people. Furthermore, Judge Leifman has pushed for our hardworking police officers to obtain training and be exposed to dangerous situations while the Judges do not put the same effort forth. To wit, Judge Leifman has never created a Mental Health Division, judicial training or anything to deal with these people who as he likes to make people think, require more attention and patience. That to me as well as many police officers seems to be very hypocritical.
Judge Leifman needs to learn from Judge Rosinek who advocates, visits, trains as well as holds a full division and helps anyone and everyone who has a drug or mental related issue. As a matter of fact, Judge Rosinek used to pull misdemeanor cases from all over the County to his Division in an effort to provide help.
It is sad to see that Mr. Gonzalez failed to elaborate on his point and that Ms. Nessmith is a long standing friend of Leifman, thus making this issue moot. Don’t get me wrong, I do applaud Leifman’s efforts for the Mentally Ill when they are outside of the Court. On the other hand, I condemn Leifman for failing to give them the same care once they reach the Court System. Additionally, Leifman is a part-time worker when compared to Judge Rosinek, Dakis, Siegler, Gordon, Smith, Brown, Korvick, etc. who all hear full divisions and work or have worked as Administrators.
This Double Standard a la Judge Leifman Style is not fair for our Police Officers who he has managed to put at risk on a daily basis. Stop being a politician and be a Judge Mr. Leifman. By the way, the Judge’s legislative judge is Chief Judge Farina.
Do we have a mental health court? Leifman was much better a few years ago. But he's still way better than Gonzalez would be.
And why is everybody in such a tizzy about this D'Arce guy? What kind of power could he have? Is he like King Midas? I met him once and he seems like a whiny little kid. Does he really have that much influence over Hernandez, Gonzalez, et al.? and if so, why???
Speaking of religion -- PLEASE, someone, tell Millan to lose the lapel cross -- sends the wrong message.
On the feminization of the Judiciary.
- Approximately 40% of circuit court judges are women.
- Approximately 60% of county court judges are women.
- In 2004, 71.5% of state law clerks were women.
To put these numbers in context, in 2006 women made up only 32% of the bar. Therefore it is accurate to say that women, as a percentage of the eligible "workforce", are proportionately over-represented in each of the above positions. Why?
Certainly I seek no argument that there are too many women lawyers. Indeed the 32% number is unfortunately low - (although that number is growing by 1% a year). I also make no argument that our current women judges are less than able. I simply ask why women are proportionately over-represented in the judiciary. Further, since proportionate over-representation in one area axiomatically reveals under-representation in other areas, I ask what those areas are.
Are women electing government work over private practice? Are they being driven from private practice? Or is the shift in the judiciary driven by male lawyers who have lost interest in participating in the judiciary?
Sorry but, Alex Michaels is kinda crazy and keeps putting his foot in his mouth but,
He never should have gone bench with Steve Leifman...Steve finds EVERYONE guilty of something. That was a bad decision by Alex.
Steve is a nice guy but ask around... he always finds a way for the State to win and he makes lawyers look stupid in court.
Honestly, I like Steve and will vote for him but, I hope he learns from this election that we want him to be fair and polite... nothing more.
Gonzalez was a really weird traffic mag. Many heard him act crazy.
By the way.... special PD work is like pro bono work... The amount they pay only covers expenses. A real lawyer with a secretary, office, bills etc...needs to make more than what they pay just to cover overhead.
Just when my life was getting back to normal, I read this bullshit about D'Arce being the reason these judges got elected.
If not for my pain pills I would just scream.
D'Arce is a wannabe Bob Levy. He is a nobody and if not for the fact that his ego made him so arogant to beleive that he is somebody we probally would have never heard of this moron.
Unfortunately, for all of us we have to now deal with this bucket of shit, but no matter were you put the bucket it is still shit.
Juan D'Arce, get on with your life go apply for a job for airport screeners they seem to have gone to the same "I'm an arrogant ass" School as you.
This is what we need to clean up RGJB:
http://www.jail4judges.org/
and
http://www.floridajail4judges.org/
J.A.I.L. is a proposed amendment to the Florida Constitution that will be a check against judicial misconduct and abuse of power.
J.A.I.L. creates two statewide Special Grand Juries in Florida for the sole purpose of investigating complaints against judges.
The Special Grand Juries will have the power to sanction judges by levying fines and forfeitures against them, and for third-time offenses, removing them from the bench.
The Special Grand Juries will also have the power to indict judges and subject them to criminal proceedings before special trial juries who may sentence as well as convict the offending judge.
------------------------------------------------------------------------
When J.A.I.L. becomes law, corrupt judges will:
» Be subject to civil suit!
» Be subject to removal from the bench!
» Be subject to criminal prosecution!
» Be subject to serve time in prison!
------------------------------------------------------------------------
Rumpole sez:
"To the legal scholar who posted above- do you not understand the difference between the blog being used to post "i want judge so and so to give me a blow job" and the blog commenting on a candidate who the Dade County Bar has found violated the judicial cannons of ethics?"
How can the Dade County Bar find ANYBODY has violated the judicial cannons of ethics? Don't you first have to KNOW what something is before you can determine if it has been violated or not?
Get real, Rumpole, get real.
For real, someone should double check to see that Juan Gonzalez actually has a legitimate license to practice law. I wish his mommy had had a headache the night her probation officer paid her home detention visit.
Back to preapproving messages? Make up your mind already!
guy who wants the threesome with blonde judges also posted that the shots were coming at alex, not behind him.
just like the rest of americans, this blog ... violence is ok to joke about but sex isnt.
btw, i'm working very hard at documenting the winsome threesome.
OMFG!!!!! NORTH OF THE BORDER
i had the most predictable day in broward.
i went to see a potential new client at BCJ. before doing so i paid $265.00 to park my car, then went to clerk to see the file.
the computer program they make available in the file room is something from cobol or fortran, because it is not in any recognizble user-friendly interface. maybe it sensed my dade countyness and switched into it. either way, it was not helpful.
sorry sir, you cannot access this file, we cannot find it in the file room. so i try to go the jail, which you cant get to from the rear of the building. so you have to walk around the building, past the toothless trailertrash, in the rain.
ok, so i get to the jail and guess what??? they tell me the dude is in court. ok, so i leave the jail and go to the supposed courtroom. guess what?? no defendant, not even on calendar.
i asked to see the JA, but was told she was busy and couldnt see me. i couldnt even get another JA to run the case to see where the dude was.
went to the pds office, thank god, a helpful human!! not much help but she did make an effort.
back down to the clerk's office. they found the file.
the clerk felt so bad for me he didnt charge me for the copies.
i may just send the case to kayo morgan in 91 days.
rump, get another subject. most of us dont give a darn about what happens in county court. only the bottom feeders care.
the hell with all you whiny little traffic hacks who dont like liefman. you are nothing more than bottom feeders
i hear the PBA endorsements came out today.anybody know who got them?
What happened to my comments? Rump wake up!
THE FLORIDA SUPREME COURT HAS FINALLY SLAMMED THE 3rdDCA THE ORAL ARGUMENT HELD ON JUNE 29, 2006 IS EVENTFUL WATCH AT WWW.FLORIDASUPREMECOURT.ORG A MUST WATCH OPINION ISSUED TODAY- - -
-------------
F.G., a dependent child, seeks review of the decision of the Third District
Court of Appeal, which granted a writ of prohibition restraining the circuit court from
issuing a subpoena duces tecum to officers from the Agency For Persons With
Disabilities. Agency For Persons With Disabilities v. F.G., 917 So. 2d 887, 888 (Fla.
3d DCA 2005). For the reasons below, we quash the Third District’s decision. An
opinion will follow, but we issue this order now because this issue involves a child and
the proceedings should be expedited. See Fla. R. App. P. 9.146(g).
The subpoena, which was addressed to “Evelyn Alvarez, Orlando Garcia,
Joseph Perry . . . or other designated person(s),” requested “[a]ll records and reports
concerning [F.G.], in reference to his status with [the Medicaid waiver program] and
services rendered or why this child is not receiving services.” The Third District held
that “[t]he . . . court lacks constitutional or statutory authority” to issue this subpoena.
F.G., 917 So. 2d at 888 (citations omitted). However, a circuit court judge has the
authority to subpoena witnesses, including representatives of government agencies, for
documents and testimony. See § 39.502(11), Fla. Stat. (2005) (“[T]he court on its
own motion may issue[] subpoenas requiring attendance and testimony of witnesses
and production of records, documents, and other tangible objects at any hearing.”);
Fla. R. Juv. P. 8.225(2) (“Subpoenas for testimony before the court, for production of
tangible evidence . . . shall be issued
CASE NO. SC06-240
PAGE 2
by . . . the court on its own motion . . . .”). Thus, the judge in this case has the
authority to subpoena duces tecum these officers to testify and/or produce any and all
records and reports related to F.G.’s status with the Medicaid waiver program and
services rendered. Because the subpoena itself does not require the production of
documents or testimony that could even arguably be impermissible, we do not address
any hypothetical requests or orders that may violate separation of powers principles.
We therefore quash the Third District’s opinion and remand for further proceedings.
No motion for rehearing will be allowed.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO and
BELL, JJ., concur.
--------------
Why does everyone talk so much crapp about Marino-Pedraza's campaign signs when Joel Jacobi's signs look like a true to life UM Commercial?
Thank God this Blog is not realistic to the reality of what will happen on September 5th.
The Wilkie Ferguson Bar Association may by far be the dumbest Bar Association around. Get ready to once again look foolish on election day.
Next name change: The "They was Endorsed by them Association" and lost.
rump, how can I exercise my freedom of speech on this blog if you're moderating it? I need to say what I mean. I'll never say anything about anyone that's not true and, if pushed, I can prove it, but this moderation is driving me C-R-A-Z-Y. Although I can understand why you do it, it's still not in my liking. However, it's your blog and you have the right to do as you please lest you be sued for libel and defamation and God knows what else.
the blog sucks. rumpole you have abandoned and betrayed us. Let the comments flow. Better to allow one inappropriate post then have to wait hours for an update. where's the ACLU
to the judges...i heard from a great source that the MIAMI HERALD is writing a 4 part investigative report on the fact that county/circuit and even dca judges are leaving the courthouse very early for leisure and private activies is: golf, shopping, luncheons ... and then not coming back after lunch. they have snagged a bunch of them and it should be a total embarrassment in next weeks paper. ***don't leave early and count your vacation time judges as they are looking into exceesive time off on vacation days...
I represented Ozzie Canseco a few years ago in front of Glick. Among other things, Ozzie was charged with Driving as an HTO. We successfully filed a motion which LEIFMAN GRANTED to get rid of a conviction on a DWLS infraction which got rid of the Habitual. Once Leifman realized that it was a press case, he put the case (an infraction) back on calendar on his own motion, scolded us for not noticing the State (ON AN INFRACTION!) and then vacated his ruling. I don't practice that much in Dade, but Leifman's actions, in my view, were totally inappropriate and politically motivated. Big Surprise! He's learning real well from his former political opponent Alberto Gutman!
Can someone please tell Don Cohn and his wife to have their kid's hair cut? The poor kid looks pretty damn hairy in the campaign poster on the streets of Miami. Though, I do see the family resemblance.
rumpole
did you forget to pay your phone bill and your electric bill?
Can someone please clarify something to me on the Judge Pando process please? Here it goes, she is always tardy to Court, spanks all attorneys with new as well as creative rulings, gets found guilty of campaign violations, gets divorced, dates a guy in his late teens, shows the girls all over town and quite frankly is well known to be carrying Karen Mills Francis to help her get re-elected which is a known campaign violation.
Here is my question: Why is CABA endorsing her and why is no one making a big deal on any of these issues. Just a question.
rumpole a was raped and killed.
Lawyers Acting Badly
http://www.sunethics.com/news_item_7.htm
DEFENSE COUNSEL'S STRATEGY TO BE CANDID BY DISCLOSING DETAILS ABOUT CLIENT'S PRIORS IMPUGNED CLIENT'S CREDIBILITY, WAS "PATENTLY UNREASONABLE," AND CONSTITUTED INEFFECTIVE ASSISTANCE
Criminal Defendant was defended by Lawyer on charges of burglary and grand theft. Defendant had a criminal record. Lawyer's strategy was to have Defendant "admit [on direct examination] all the details of his criminal record in the hope that such candid testimony on these matters would influence the jury to accept his testimony regarding the burglary and grand theft." Unfortunately, during the direct examination all of the Defendant's priors were not revealed. After a bench conference at which the prosecutor advised Lawyer that he had omitted 2 additional convictions, direct examination was reopened and Defendant testified regarding those convictions. On cross-examination the prosecutor went into further detail regarding the convictions, characterizing one of the priors as similar to the charges for which Defendant was on trial. Defendant was convicted and sentenced to substantial prison time.
After Defendant's motion for postconviction relief was denied, he appealed. The Second DCA reversed the conviction, concluding that Lawyer's strategy was not reasonable and thus constituted ineffective assistance of counsel. "[T]he information that [Lawyer] elicited from [Defendant] far exceeded that which the jury was entitled to know. Had trial counsel not volunteered the information, the nature of the charges would not necessarily have been admissible." In the court's view Lawyer's actions "impugned his client's credibility in front of the jury" and "prejudiced [Defendant's] integrity with the jury by making it clear that [Defendant] had previously served time in prison."
Even if Lawyer's strategy had been considered reasonable, the court noted that its faulty execution "defeated the intent." Lawyer's failure to thoroughly prepare for the examination by learning all the details "created the opposite perception" of that intended. Bowers v. State, ___ So.2d ___ (Fla. 2d DCA, No. 2D04-2468, 6/9/2006).
Alan Robert Soven, 1571 NW 13th Ct., Miami, suspended from practicing law in Florida for 10 days, effective May 22, following a May 18 court order. (Admitted to practice: 1978) Among several Bar violations, Soven engaged in misconduct and minor misconduct; knowingly disobeyed an obligation under the rules of a tribunal; and engaged in conduct intended to disrupt a tribunal. (Case no. SC05-1433)
rip rumpole
Rump, aren't there computers in Colorado?
PBA endorsements came out and a former PBA Lawyer was NOT endorsed. Interesting.
The answer is:
Bijan Parawesh
inquired about who Camilla was, and why Defendant was at her house.
Can anyone please name the judicial election teams please? What am I talking about? Well, I hear that some judicial candidates work together, strategize together and even share cost as well as attend events. Oh, some even plug each other. (Don't worry Judge Blake, I am not talking about you plugging McWhorter at the South Miami Bar Association the other night and letting her to the installation since she is up for election.)
Here is what I know so far from gossip:
Team Lambada's Girls: Brownwyn Miller and Migna Sanchez-Llorenz.
Team Divas for Judge: Ana Maria Pando and Karen Mills Francis.
Team Jenny Craig meets Weight Watchers: Josie Veliz Perez and Victoria Del Pino.
Team I'm a Victim, but I am friends with the Media: Sam Slom and Steve Leifman.
Team I am a PD for Life and need no Team because I want everyone to think I am a woman: Robin Faber.
Team We Love Guys with Big Guns: Gloria Gonzalez-Meyer and Gina Mendez-Locke.
Team Our Last Names are Great for 2006: Lawrence Schwartz, Sheldon Shwartz, Ivan Hernandez and Patricia Marino-Pedraza.
Team I may be ugly, but FAWL will take me there: Shirloyn McWhorter and Abigail Cynamon
Team I have no clue about law, but I gotten here thus far: Don Cohn and Juan Gonzalez.
I never believe gossip, but the team names they gave me as just too funny not to share. Of course, allegedly as always.
I know that this post is way late, but the answer to the "who is this camilus" quote posted a few days ago is Bijan P.
And it was in a jury trial in front of Judge Crespo, and not in a pvh.
I met Leifman's "mother" at the Key Biscayne parade today. Funny how many moms all these candidates have!
get a leif man
Saunooke--------nice try. Those of us who know what happened there know Liefman did nothing wrong.
Why don't you tell the rest of that story? There is a LOT more to it, isn't there? Don't be shy.
Rules, what rules...we don't need no stinkin rules!!!!!!
Leifmans mother works at the courthouse,sounds like nepotism surely not coincidence.
As well, there are rumors she is actively campaigning for him?!?!
You guys are crazy! What makes you think all the candidates have all these high-powered people working for them? Not true. Don Cohn and Cathy Parks have much more experience than all the other candidates combined, and many more volunteers, to boot. That's what's counts. And that Cinnnomom person couldn't try a case if she had to!
Ask her!!
Canon? we don't need no stinkin' Canon.
Cohn is like a High School Football player that was always on the bench. Sure he was on the team and even took the yearly team picture, but he hardly palyed and was not an asset to the team. Just another body to take hits during practiced. Ten years later he wants to say how great he was and such. Not true. People remember tackling him and that is why they like him, not because he is any good. Look at the poor excuse for a man. Not a good trial attorney, not a good lawyer. As I hear, the only thing he was good at is hitting the bottle. A frequent customer at many bars. This may explain his long term pregnancy look. Bonnie may be mean, but at least she has played the game. Cohn will make the Court into a Circus and he will be the main attraction. Help the Court System, send Cohn Home to a 2nd Defeat.
Of course, allegedly.
The above comments about Don Cohn are obviously coming from a prosecuter who lost his case or from Judge RIPP herself. Very stupid and totally inaccurate. If you've ever seen Cohn in court, you don't know what you're talking about. And I can tell you that he doesn't drink, except for an occasional social beer. Your comments are rude and unfounded.
Cohn is a good lawyer.
THOSE COMMENTS ABOUT cOHN ARE RIDICULOUS.MY TYPING IS BADF
Cohn is a great trial attorney and would be an asset to the bench. His endless work in the community has enhanced the lives of many people. People like Don Cohn because he is a good, honest & sincere person.
Ditto for Cathy Parks. I think it'd be really good to have a nurse-atty on the bench. Someone with some sense and a caring attitude.
Are there any nurses on the bench?
Don Cohn is a loony like his wife. Talk to both and see who writes the checks. Furthermore, the man is an alcoholic. Ask his buddies if any are still alive. (Live issies I hear.) The man stinks and is a fool. Why would anyone vote on a candidate who placed last in a 4 person race? Don't waste your vote. Cohn should consider joining the circus or getting a new life. I want to see the community work he talks about. I want to know what he has done. Who is this morron? Did he have a stroke, or was he born sounding like a retard? Why is he associated with the one that cannot be mentioned? Rippiangaile is honest and maybe a bitch, but not a circus act waiting to happen. Parks, Veliz and Thomas showed us that symphaty is not a way to vote. Cohn is a "No Go" in 2006.
By the way, I hear he cannot even read case law. Lastly, tell his kid to cut his hair. He looks very shaggy on the campaign posters.
All opinions expressed in this post are for recretational purposes, unless otherwise stated.
Hey, 8:41, lighten up. Cohn is NOT a drinker. I don't know why you would make that up. And, Rump, if you said you were going to edit your stuff to take out malicious comments (e.g., drinking, Coke use, etc.) I would have thought you would have taken out the above negative stuff about candidate Don Cohn because none of it is true or correct. It frankly sounds to me like those comments are coming from his opponent or her agents who is writing that crazy negative stuff. What's going on?? Lastly, Cohn's kid doesn't have long hair and is not shaggy. And Cohn can read case law. What you're saying is just stupid. And he's tried more cases than most attorneys in the state of Florida.
Whoever wrote the character assassination on Don Cohn is completely misinformed. NOT ONLY is it untrue but it is malicious, cruel, and inhumane. Moreover, to attack his wife and family is totally ludicrous and absurd. Does anti-Semitism have anything to do with this? What say you?
Those of you angry that people are lying about Don Cohn here, should put their money where their mouth is, I know I am,
Disgraceful.
Like the game Donkey Cohn, he will not be a winner.
that last comment makes no sense. Cohn is good. Parks is good. Don't talk trash.
I would never vote for a person with a name like RIPP.
Nor manno
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