WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, February 07, 2007

IT'S ABOUT TIME - NORTH OF THE BORDER

UPDATED WITH THE DEFENSE OF THE JUDGE

THE CAPTAIN REPORTS:

Whether you are a veteran prosecutor or an experienced defense attorney, a barrister who is in the "pits" on a daily basis, we all have that ability to recognize when some new judge appears before us, who is destined to be a truly great judge. There is a second group of judges who, well, let's just say that they ascended to the bench just a little too early in their legal career. Then finally, there is that final group of judges - these are the ones that belong nowhere near a bench, let alone the courtroom itself. They can be very dangerous with a gavel in their hands. They step up those 40" risers to their seat in the courtroom and truly believe that "they are" holier than thou.

Judge Cheryl Aleman is one of those judges.

Aleman is a former prosecutor, appointed to the bench in December of 2001 by Governor Jeb. She was a Senior Assistant Statewide Prosecutor from 1996-2001. Aleman first made news, and drew significant criticism, during her robing ceremony, when she discussed her religious views. She went on to earn the lowest marks among the candidates in a Broward County Bar Association poll. That was in 2004, when she ran against Robert Malove and beat him by 9,000 votes (with 158,000 cast). Almost half of the attorneys responding to the poll deemed her "not qualified."

In 2002, Aleman was criticized twice by the Fourth District Court of Appeal for decisions in dependency cases in which the appellate court found she was too strict with her rulings. In one of those cases, the court said she abused her discretion when she ruled against parents relying on public transportation who were 25 minutes late for a trial to take their daughter away. "The purpose of the statute is not to inject `gotcha' practices into the dependency process," the court wrote.

In 2003, she made national news when she denied a request from a drug offender dying of AIDS to be released early from jail to spend his last months with his family. Jean Felix, 41, was in jail for violating his probation in a drug possession case. Felix was in such bad shape that a Broward County Jail official called his lawyer to suggest releasing him to a cousin's care so he could die with dignity. The defendant's lawyer made the request and the prosecutor didn't oppose it. Doctors testified he would die in anywhere from a few days to two months. To understand how absolutely insane her ruling was, one only has to look at who overruled Aleman and released the defendant from jail. It was none other than Chief Judge Dale Ross; (widely considered one of the toughest judges in the courthouse).

Fast-forward to 2006, where the judge continued to make headlines. First, she threatened to hold two assistant public defenders in contempt because they were unable to file a recusal motion within a 15-minute deadline she set. The case was a first degree murder case. Several weeks later, Aleman made more news when she sentenced criminal defense attorney Adam Katz to 60 days in jail for missing two hearings.

Finally today, the JQC filed formal charges against Broward Circuit Judge Cheryl Aleman, alleging she “engaged in a pattern of arrogant, discourteous and impatient conduct” on the bench. Judge Aleman was charged with violating several judicial canons. The seven-page notice cites several instances of the judge holding or threatening to hold attorneys in contempt. The JQC also cited her refusal to recuse herself from cases where she had a perceived conflict of interest.

The complaint cites to canons that require that judges uphold the integrity and independence of the judiciary, respect and comply with the law and act in a manner that promotes public confidence in the judiciary. She was also charged with violating a judicial canon that calls for a judge to be “patient, dignified and courteous to litigants, jurors, witnesses, lawyers” and others that the judge deals with professionally.

In the Katz matter, the JQC said Aleman ordered Katz to appear before her knowing he was out of town. The JQC complaint even addresses the 2003 Jean Felix AIDS case and accuses her of releasing a “misleading” order defending her decision that “conspicuously omits” the stipulation agreed to by both prosecutors and defense attorneys that the inmate was dying of AIDS-related causes.

In describing the conduct of Judge Aleman, it was probably best said by Assistant Public Defender Bruce Raticoff, when he spoke of the JQC charges against Aleman. “In my 26 years of practicing law, I have never once been in front of a judge that not only treated me with such contempt but, more importantly, my client with such contempt.”

Here's hoping that Judge Cheryl Aleman gets her just desserts. It's about time JQC.

CAPTAIN OUT ............................................


THE DEFENSE WILL NOW GIVE AN OPENING STATEMENT
I remind the jury that what attorneys say is not evidence. But an opening statement is intended to guide you as to what the attorney believes the evidence will show:


Anonymous said...
Not that anyone here wants to deal in the truth but here it is....

1) I was at that Robing she thanked God, she said that her Faith meant a lot to her. She never said anything bad to anyone or that due to her faith she was better then anyone.
2) That poor guy dying with AIDS was alive at least a year after the decision. He may still be alive today.

3) Adam Katz, lets see.....Katz takes over a DWLS case that had been kicking around for almost a year. Judge tells Kats it has to be ready for trial next time up no more continuances. Katz sends a coverage guy to the next trial appearance requesting a continuance. Judge is pissed but allows the continuance but says again under no circumstances would there be another continuance. Katz a week before the trial date sends a written motion for continuance which the judge denies. The day of the trial Katz sends a coverage guy who tells the judge he went to Vegas for "business" and needed a continuance. She ordered him back for a contempt hearing, showing no remorse or respect for the Court she held him in contempt for a weekend. Say what you want, Dade Broward, good judge or bad judge, no one can disrespect the court the way Katz did and get away with it. Can anyone here say that they would treat a judge this way, no.

As for the stuff with the 15 mins to do a recusal that is bad. I am not saying Aleman is perfect or should walk on this but at least we should know the facts.

Rumpole has the last word: This judge has priors. She is the same judge reprimanded for removing children from their parents, twice, in one instance after the mother was late to a court hearing because she took public transportation. I am sure her prior record of intolerance was factored into this decision.

71 comments:

CAPTAIN said...

THE CAPTAIN REPORTS:

My apologies to Rumpole for posting over his "Now What" from Tuesday evening. He has every right to be very angry!

CAPTAIN OUT .........

Anonymous said...

Captain this has got to be the best post I have ever read.

Great JOB!!

JQC Charges said...

here is the link to the formal charged and the JQC complaint

http://www.floridasupremecourt.org/pub_info/summaries/briefs/07/07-198/Filed_02-06-2007_NoticeFormalCharges.pdf

Rumpole said...

Sometimes the blog, even under moderation moves fast. Captain need not apologize. His post was great.

Mr. Laeser was responding to the topic of the day, but because of the speed things are moving, it's buried two posts ago. I re-post here, because it's worthy of discussion.

abe laeser said...
I have thought a good deal about the perplexing situation into which some writers have placed our unknown associate, Horace Rumpole, over the awful messages that some have chosen to post.

In truth, all of those words are a matter of context, and an evaluation of the speaker - hearer - and audience.

I can yell out to a buddy "Hey, Jew - vust machts du?" If the surrounding audience (if any) would understand the context, then it is nothing more that a cogenial greeting.

Having spent years living in the South, in the military, and Bedford-Stuyvesant, I can assure you that not every "Hey, Jew" was taken kindly -- nor was it so intended. Often the speaker spoke those words as an intententional insult and/or to provoke a response.

All of us develop a layer of screening, and can distinguish between collegiality and racism.

We should all hate the bigot for what that person represents - a threat to each of us.

But we should hardly be so sensitive that we must chastise every politician who calls another man 'articulate'.

What was the context? Was there a sneer on his lips and an obvious derision in his voice, or was he being less than articulate himself in describing a quality that he admired in another man - without any thought of malice?

Of course, every obviously intended slur or insult should be removed from this blog. But not every word that is written is so intended. I can understand what Rumpole must do to prevent real harm to others.

However, this puts him in the terrible position of drawing the line - yes, the First Amendment line - in a very shifting layer of sand. It is not a responsibility to carry lightly. This blog has become a 'lifeline' for many who labor in the 'Halls of Justice'; and like a big-city newspaper (unlike the Herald) Rumpole has a duty to allow free expression that is not truly intended to harm. The civilized among us will respond to the cretin, but censorship should be a remedy in only the worst of situations.

I do not envy our Rumpole in how he must decide which are to be considered the worst of situations

Rumpole said...

I urge everyone to copy and paste the link and read the complaint. This is not some half baked complaint. This is the JQC ordering a hearing on the issues in the complaint. The pattern of conduct of this Judge , which has been whispered about for years now, may soon see the light of truth and day.

Anonymous said...

Down with crazy, arrogant, freaky judges!!!

Anonymous said...

Abe makes great points, but I think before we go hating the bigot, we need to identify which one. Haiku Harry probably did not have hate in his heart when he wrote the illconcieved "diddy." But, the posts that followed were bad. A slip of the toung that is horrid but unintentional should be forgiven.

the trialmaster said...

eileen o'connor is just as bad and probably worse.

Anonymous said...

eileen o'connor is just as bad. and may in fact be worse...the trialmaster.....

Anonymous said...

can she be de-robed or will she just get a warning to stop acting like a jerk?

Anonymous said...

Rumpy, post a poll about which Dade County judges are most similar to Cheryl Aleman.

Anonymous said...

the jqc gets on my last nerve. why did they take so long to file formal charges against this judge. why did the guy dying of aids in 2003 not set off bells. ok i get that they accumulate complaints over time before filing formal charges but lets get real.

how many defendants are sitting in jail with outrageous sentences because she is a B.... ?

Anonymous said...

Why does Judge Aleman get 20 days to answer the charges levied against her? I would give her 15 minutes and a pen and paper.

Anonymous said...

Hints You're Not Getting Hired As Criminal Defense Counsel

After practicing in this world of criminal defense for over a decade, I know the typical clues that indicate you are not getting the case. You know them - potential client calls and the first question begins with "how much do you charge," or the client comes to your office and says "money's not a problem (translation: broke).

Here's some new hints and tips I've developed recently:

[1] Never quote a fee on a Friday. By Monday, they'll have a cheaper lawyer.

[2] If you get a call from a relative (cousin, boyfriend, etc), don't spend more than 3 minutes on the phone. Trust me, 4 other people are looking for lawyers for this client.

[3] Always call to confirm the appointment. If you get a voice mail within 2 hours of your appointment, they're not showing up. You can leave your office and go do something else.

[4] Any non-juvenile who claims they need to make the appointment at a time their parent can come, and then shows up without them, is wasting your time. They can't afford you, regardless of what you charge.

[5] Unless it's your family member or best, best, best friend, NEVER show up to court to represent anyone on the promise of future payment, unless you're ok not getting paid.

[6] Potential clients who are having trouble finding your office, do not have the funds to hire you. I don't know the correlation, I just know this to be true.

Any others out there?
Brian Tannebaum

old post

Anonymous said...

Ok....Rumrpole is Tom Kobitz.

North Of The Border said...

Dear Captain and Rumpole,
Thanks. Captain hit the nail right on the head. Grass is always browner on our side of the fence.

We hope the JQC actually does something this time. They punted with Judge O'Connor. There is a brewing complaint against Judge Holmes.

You guys and gals along with the bloggers in Broward, inspired blogging up here in the Land Of The Lost. Thank you.

Cyberspace is the not the way of the future when it comes to law, politics, and justice. The future is in the here and now. Blogs are incredibly important and I'd like to think our blog and yours helped.

Unfortunately, Judges do not interact on the blog. Even in anonymity. Someone posted feedback from a South Of The Border Judge for us to read. What an eloquent remark. What insight. Why the heck did the judge get moved to family?

I fear that deterred judges from writing us. I was asked by a judge to try to write from a judicial perspective today. Perhaps a judge who enjoys writing on your blog will visit ours and write accordingly. I'm no judge. And, if I write, ensuing remarks such as, "what qualifies you to be a judge" will follow.

What was accomplished was a great feat. It ain't over yet y'all. If you ever get Lost up here, almost all of us will be happy to lend a helping hand. I know, that when travelling down there for a case, you folks do the same for me and my friends.

It would be really great if some of the posters here would hit up our blog and bump up the numbers. We all live in South Florida. A more powerful trumpet can be sounded with some cross-blogging. Is that even a phrase?

The drafters of the complaint really put their necks on the line.

Light up our pinball machine! Your input is most needed. Explain how residue cases are treated in Dade as opposed to Broward. Show how cool the interaction is between lawyers and judges by comparison.

We all share a common goal. Equal justice for all. Except Jet Fans.

Thank you so much. Here's the link.

http://jaablog.jaablaw.com

Rumpole said...

OK. I've consumed enough chateau miami river to relax enough to remove moderation. Try and play nice.

Anonymous said...

Free Scotter Libby Now!

Anonymous said...

Judges may not read the shitty broward blog. They read this one and it is great that they do. Right Judges?

Anonymous said...

Is the "shitty Broward Blog" comment nice?

Anonymous said...

"I would give her 15 minutes and a pen and paper.

Wednesday, February 07, 2007 12:03:00 PM"

I cried laughing that was just funny! For the rest who do not get the joke read the JQC complaint.

Anonymous said...

Thanks Captain - you wrote what all of us are feeling and talking about in the hallways up here North Of The Border and we are really happy someone finally said it.

Keep up the good work

Anonymous said...

I commend the Broward blog for their nice post. We can all benefit from these blogs - we all practice in sunny SF and ocassionally head 30 miles in the opposite direction to a courthouse some are not too familiar with.

I know I head north of the border at least a couple of times a month. Thanks for the new broward blog.

Anonymous said...

Wholly -hit Captain, this Aleman character is a nutjob. I have never been in front of her - the few times i have been in that courthouse - and thank goodness for that.

pistol pete the broward guy said...

From the Sun Sentinel:

JQC charges also were filed on several issues regarding Alemán's treatment of two public defenders, Sandra Perlman and Bruce Raticoff, in a January 2006 murder trial. Perlman was campaign treasurer for Alemán's political opponent in the 2004 primary and asked the judge to step down from the case. Alemán rejected her requests, threatened to hold the public defenders in contempt and gave them 15-minute deadlines to file court documents, which the JQC said was unreasonable. Alemán also refused to let Perlman delay proceedings for 15 minutes in a routine request so she could handle a previously scheduled plea agreement in another courtroom. Alemán permitted a prosecutor to do the same thing during the case.

Anonymous said...

Not that anyone here wants to deal in the truth but here it is....

1) I was at that Robing she thanked God, she said that her Faith meant a lot to her. She never said anything bad to anyone or that due to her faith she was better then anyone.
2) That poor guy dying with AIDS was alive at least a year after the decision. He may still be alive today.
3) Adam Katz, lets see.....
Katz takes over a DWLS case that had been kicking around for almost a year. Judge tells Kats it has to be ready for trial next time up no more continuances. Katz sends a coverage guy to the next trial appearance requesting a continuance. Judge is pissed but allows the continuance but says again under no circumstances would there be another continuance. Katz a week before the trial date sends a written motion for continuance which the judge denies. The day of the trial Katz sends a coverage guy who tells the judge he went to Vegas for "business" and needed a continuance. She ordered him back for a contempt hearing, showing no remorse or respect for the Court she held him in contempt for a weekend.
Say what you want, Dade Broward, good judge or bad judge, no one can disrespect the court the way Katz did and get away with it. Can anyone here say that they would treat a judge this way, no.
As for the stuff with the 15 mins to do a recusal that is bad. I am not saying Aleman is perfect or should walk on this but at least we should know the facts.

Anonymous said...

It is nice to see the JQC going after this kind of stuff.

It is about time.

North Of The Border said...

Probably the "shitty" comment was made in jest. I laughed. It is Brownard after all.

Have you checked it out? The blog is only one aspect of the site. There are also some pretty good legal links and research tools. Sadly.

This is one of the funniest blogs as well as informative I visit. Part of what's missing on JAABLOG are those with stones to use a word such as, "shitty." I take a deep whifff of such a wonderful odor and grin each time.

Your judge taught me, all of us I'd hope, to basically be cool. What a concept. It'd be really cool if you folks would just comment in the blog on the Aleman piece. With whatever you want to say.

What? Say what again.

I don't run the site. APD's were treated like "SHIT." A man with children spent days in jail because of this.

There are two kinds of bees in this world. Bees that make honey, and used to be's. Like you you piece of... to easy.

I have family in Dade. Love it. We don't have Joe's Stone Crab's, The Orange Bowl, or Rumpole and The Captain to steer the ship (sp?).

I call on a mass invasion of the blog. Click on the link and do post some... of your thoughts. Whatever they are. Or have a ghetto like mentality. This isn't West Side Story. This judge hurt ASA's (one of whom she ratted out to her boss for no reason), APD's, and I'm sure, folks from South of The Border.

Give a shit! Invade.

Thanks from The Land of The Lost!

Maybe tonight they will reach (wow) more than 10 "comments" on this. That my friends from the South (except Jet Fans) is shit. Cool.

Rumpole said...

The other side to the Aleman charges is important to post on the front page, which I did. Well said.

Anonymous said...

Okay North of the Border, this is what I wrote on your site:

Okay, this blog is way too difficult to follow in print, that is why Rumpole's gets so much more traffic. Why not make this easier to use for those of us who need a passport to enter your county? Otherwiese, this blog will forever remain a shitty second-rate rag.

Really, it is very tough to follow, there is so much stuff on it, but I do really love that you are doing this up there too.

Fake Rob Malove said...

I told you so,I told you so.

north of the border said...

Thank you. You're right. The fonts are weird. I don't run the show. Comment on it. Others have actually raised the same issue.

Alternatively, who gives a font. At least Rumpole has begun the consumption of chateau miami river and took off the moderation feature. Ahhhhhh... vintage year of course. Oddly, right after my post. Drinking... good. Try the Broward Bourbon. Circa, today. It promotes puking. Cheers (and Robuck).

Look, I always peek into this site. Rumpole digs on some of the same philosphers and authors I do. Ancient Art Of War, Buddhism, critical legal realism; the world according to Jimmy "The Greek." Made some extra bread because of Rumpole. En fuego.

Phenomenal. Thanks for taking a gander.

For what it's worth, I just like reading here. I've written before and have gotten a few laughs.

Que sera, sera. When a judge hurts one of y'all, regardless, I'll try to help. If a defense attorney is rude to an ASA, well... I'll try to follow your judges advice. And if an ASA does the same, I hope I can just be cool.

Peace.

Anonymous said...

Say enough bad things about someone, and they'll be someone out there defending the person. Look on the internet, there's someone saying that Duke prosecutor Mike Nifong should be "prosecutor of the year"

Anonymous said...

So is Aleman's lawyer going to defend her by saying she's judge of the year?

Anonymous said...

look i cant be fuciking around with two blogs. i can barely keep up with this darn blog.

solution lets turn this into a joint venture the REGJB/BCCH a place for south florida legal gossip with a bit of out right lies.

Anonymous said...

What Broward needs is some hotly contested judicial races involving their crappy judges?

Anonymous said...

I thought of this one tent idea. About ten years ago actually when the web was just getting cooking and that weird cult committed suicide if you remember using their site as the noose.

I fear an all encompassing site might end up like that; hence the frustration.

Unlike myself, Rumpole actually did something and created an unreal blog that really is, as good as it gets. Also, Rump squeezed the creative juices. For us. I have respect for creativity and feel like a penalty flag would fly for offsides. And, suicide.

Bookmark what you like and blog away.

That does not, in all fairness, detract from the Aleman issue which is important to all of us. That's why Cap wrote this piece I guess. Hell, I visit both. Along with some really funny ones in other states. Blogs are popping up everywhere. Night.

Anonymous said...

Is Al "bang bang" Milian replacing Aleman?

Anonymous said...

http://www.youtube.com/watch?v=hr23tpWX8lM


A must watch!

Anonymous said...

The defense is missing the point about Katz and his failing to appear. Does his conduct deserve jail? Sure. The question is, should the trial on the issue of should he go to jail be set on a day the judge knew he could not attend?

Does a woman who sets a trial on a day she knows a defendant can not attend have the ability to be a Circuit Judge? I think, no.

Anonymous said...

7:39

I think you are missing the point.

Defense attorney has been forewarned "no more continuances", matter is going to trial, at the last Cal Call. Defense attorney subsequently asks for one in writing thereafter because he supposedly had to be in vegas on "business", Judge denies request.
Katz decided to leave for Vegas knowing full well his case was going to trial. In light of this, how can you fault the Judge for setting a trial when he was given timely notice it was going to happen.
I am not the great defender of Judge Aleman, she appears to have made some serious mistakes. I take issue with everyone jumping on her about Mr. Katz. I do not do so because of a friendship or liking the Judge but because I believe in the sanctity of the bench and respect for the Court even if I may not agree with the Judge. A lawyer can blatently disrespect a Judge like this and get away with it.
I will ask all defense attorneys on here, take the worst Judge in the last 20 yrs in Dade, you may have cringed to walk in their courtroom, would any of you just blow off the judge, fly off to vegas, after being told no more continuances and you are going to trial. No matter how much many of us would like to do this, or how bad the judge is, I doubt any of the fine attorneys on here would do that.

Anonymous said...

9:00,

The point missing, the one you are.

Loathsome may the condut be, but at trial it should be decided. The trial to find Katz guilty was at a date attend, he could not.

Anonymous said...

What is the deal with the punk prosecutor who, unbeliebvably, is in charge of misdemenor domestics?

Dumb as a stump and making some of the most significant decisions in our system.

grammer police said...

Rumpole:

Please delete the 12:23 post for violation of grammer laws of all known languages on the planet Earth. Where did you go to school? Youth Hall Detention classes?

Anti-Tannenbaum said...

State:

The tip of the day to Mr/Ms. C prosecutor:

When a case is up for bond review or to reduce bond or some other monkey motion to let mutley out on bond or a monitor or house arrest, run mutley's prior cases in CJIS and look within the case docket to see if mutley AC'd or bench warranted during the course of those prior cases. With the 47 prior arrests, there is a good chance mutley did!

More tips to come.

A.T.

Anonymous said...

Manny Segarra is the head of DV misdemeanors and is a MORON. But so is the entire DV division. The felony DV unit is run by more incompetent individuals and more serious crimes are at issue. It is funny how the DV unit files cases, over charging the defendants, and sending the files to the division prosecutors. The DV felony unit only holds onto those rock solid cases, so the prosecutors can get home early for dinner.

This is coming from a defense attorney who was an ASA and made these complaints when she/he was an ASA.

Anonymous said...

Thank God you didn't disclose your sex or we would have figured out who you are.

Anonymous said...

Maybe I do not know what sex I am. The SAO does that to people.

Anonymous said...

"A jury consists of twelve persons chosen to decide who has the better lawyer."


-Robert Frost

Anonymous said...

Hey grammar police! That was a Yoda impersonation genius.

Anonymous said...

And oh by the way, it's grammar, not grammer.

north of the border said...

Dear Bad Yoda Imposter,

First: I'm positive "Grammer Police" is a play on the properly spelled word, "grrrrrramerrrrrrrr."

Second: In passive voice is Yoda speaking more often than not humph? Found on this blog is sage wisdom. Great fear I sense in you. Fear leads to anger. Anger leads to hate. Hate leads the dark side.

Third: Alternatively, N.W.A. might have a different contention with regard to any Police.

Just wanted to fit Yoda and N.W.A. into an argument. This was only done once, by Justice Scalia.

The point I believe after deciphering the Yoda talk, was Katz belonged in Jail. Rumph!

I wish we could have odds on whether the "12:23" poster is the same person whose argument was ruled on and crushed by Rumpole.

I've never seen an attorney spend days in jail let alone any time in Broward's finest of hotels. I asked some silver-haired foxes if they've seen as much and none have. Maybe handcuffs for a bit. Or, in situations where a criminal offense is committed by an attorney.

Contempt penalties can be a fine, a bar complaint, community service, etc. Rarely does that even happen.

To conclude, Aleman's rulings were, to quote Tommy Chong, "Far Out," Yoda lover. To say the least.

Aside from Rumpole's ruling, Aleman's ranging issues do not even meet weak scrutiny. They are irrational. But, that would be an insult to the word, "irrrrrrashinel."

p.s. I ain't the grammar police. Thanks for crushing the alternative argument. Now you Dade folks can properly rip me b/c I am not fortunate enough to practice down there with y'all. Use the Force. Like your Judge said. The true Yoda.

Anonymous said...

I was too an ASA and had the same experiance with Felony DV prosecutors. The cases they sent to division werk outrageous and many should never have been filed as felonies. But, if defendant slapped his girlfriend in her home, after they started to argue and she told him to leave, guess what the charging decision was going to be: Burglary with a Battery!

Anonymous said...

Batman says:

Our investigation of Mr. Katz shows that his irreverance for trial settings and his professional obligations is well known to the bench in Broward County. This irreverance is shared by many of his colleagues. Mr. Katz chose to defy the Court. If we are to uphold the dignity of the institution, not the person, then her actions against him were justified. They may have been harsh (20 days) but legal. The truth is she should have just found him contempt, adjudicated him in contempt and forwarded the conviction to the Bar. That is an automatic suspension. It becomes clear that he was baiting Judge Aleman. He was inviting what happened.

There is no trial for Direct Contempt and he would not have received one. See Rule 3.830 Florida Rules of Criminal Procedure. You are only permitted to "present evidence of excusing and mitigating circumstances" relating to the punishment


It will be interesting if Mr. Katz had "enough" notice to get back from Las Vegas. If he did, then he again chose to defy the Court and absent himself. The discovery should be very interesting.

As to the Disqualification issue. If the charges are accurate then she was wrong for not giving counsel enough time to do a proper motion. That truly was a gross abuse of her discretion. However the charge that she did not grant the ore tenus Motion to Disqualify is bogus. There is no such thing as an ore tenus Motion to Disqualify. See Rule 2.160(c)(1) Florida Rules of Judicial Administration requring the motion "be in writing" and the case law interpreting the rule.

It was again (not dealing in the moral imperative here) within her discretion to say no to the release of the man with Aids. However if she stated (knowing that it was not true) that she did not have a report, regrding his condition that would allow her to make a ruling in his favor, then that is a removeable offense. Again, the discovery will be interesting.


In the end she most probably will be suspended for a month or two and fined. She will not be removed, unless she lied to the JQC and that allegation is the most serious.

On a broader note, however, this is another example of what happens when a judicial officer goes to war with the defense bar and the PD's office. I don't know that it is something to necessarily revel in or take pride in. It diminishes us all. It diminishes the system. It polarizes and subverts what we all should be seeking.

Anonymous said...

I dont think this is merely "another example of what happens when a judicial officer goes to war with the defense bar and the PD's office."

I think its more what happens when a person who is a total disgrace is given a robe just because they serve the governors desire to appoint right wing zealots with no sense.

Anonymous said...

Batman WTF?

"It was again (not dealing in the moral imperative here) within her discretion to say no to the release of the man with Aids. However if she stated (knowing that it was not true) that she did not have a report, regrding his condition that would allow her to make a ruling in his favor, then that is a removeable offense. Again, the discovery will be interesting."

Discovery on this issue could be none. The JQC would have uncovered this already. My guess is the JQC added all it had knowning the the aids inmate would get her removed from office.

Even if the JQC stipulates to a suspension or fine the Florida Supreme Court has been cleaning house over the past year and not doing what the JQC is asking by removing Judges left and right.

I am sure Chief Judge Lewis can't wait to put in his vote for removal of this arrogant Judge.

Almost all the Judges in the county know how to treat defense attorneys and defendants with respect up to and including the day sentence is given for a serious crime. At the time a Judge sentences a violent criminal is the time to be rude and arrogant by informing the convicted jerk why he will spend 5, 10, 15 years in prison. In this country until that conviction is had our robed ones should treat all in the Court room with respect and comply with the law.

Or at least pretend you care!

Rumpole said...

Wasn't L'affair du Katz a DWLS case? And how many of those go to trial, even north of the border?

Anonymous said...

Manny Segara: an idiot. But worse than that, he thinks he's smart. And a bigger idiot has given him some power. Therein lies the problem. He nolle prossed a case of mine once, but to make himself better he had to give me a "I'm nolle prossing this one, but don't let it happen again or I'll hammer him" lecture to pass on to my client. Give me a fucken break. Now the "How stupid is he question?!" Does he think I actually passed the lecture on to my client? In case you're reading this Manny, the conversation back with my client went something like this, "That prosecutor's a fucken moron." To which my client replied, "Yeah."

Rumpole said...

to 2:27: The rules of the Blog, which apply to moi don't give me the jurisdiction to remove a post for bad grammar or bad graham crackers, or bad people in the graham building.

I'm just spouting french for no reason.

Anonymous said...

Manny Segarra is an idiot. And it's appalling that the SAO Powers the Be have allowed an idiot to train young, malleable prosecutors.

The felony domestic division, on the other hand, is staffed with excellent attorneys--Leah Klein, Melba Pearson, etc.

--an ASA

Anonymous said...

Batman says:

8:46 there will be discovery. A judge charged in a formal complaint before the JQC has the right to take depositions and request documents. The standard to be charged by the JQC Investigative Panel is the same as a Grand Jury - Probable Cause. The standard for conviction before the trial panel is Beyond a Reasonable Doubt. There is a trial. Do not forget that a judge has a "property interest" in his/her office.

Also the justices have a habit of talking tough, but they have to deal with each case proportionally with their prior actions. You may look forward to Judge Lewis' opinion (assuming he writes one), but he is one of 7.

Before profanely criticizing know what you are speaking about. Why don't you reserve your judgment until all the evidence is in. Many a judge is acquitted before the trial panel.

Anonymous said...

Is Batman Like a recurring name here? Probably a judge. Uh-oh. If so, he is right. Aleman is presumed innocent until guilt is proven beyond and to the exclusion of a low-grade moron. Especially with the JQC panel, a neutral and detatched arbiter of justice, presiding. BTW Rumpole, somoene went to trial on a DWLS (Felony). That's because they push them down our throats.

Anonymous said...

Batman I wrote the original post you replied to and I retract my earlier comments and issue a formal "sorry Judge".

What I meant is that I do not think that the JQC has any discovery on that one issue.

I have been educated by you Batman on the fact that the Judge gets a trial. I thought that it all goes to the Supreme Court on opinion of discipline from the JQC. If she takes it to trial it will be sometime before we get results.

As to Chief Judge Lewis he has 4 close allies in that Court and it is not Bell or Cantero. Thats 5 - 2 for those bottomfeeders.

Anonymous said...

educated here?

Anonymous said...

Batman says:

To 8:46 - 1:16 I apologize if I came across to harsh in my post. You need not apologize. Most don't know, so as 1:18 put it: "educated here?" It will be some time before there is a resolution. I wish to revise my prediction, though. I believe that before trial there will be a "plea bargin" and a public reprimand and possible short suspension will be imposed.

To 12:08 - yes I am a recurring poster. I am however "a low grade moron" when it comes to technology. I originally signed on with the Batman name. Now, I cannot sign on with it because, dare I say it, I forgot the password. So I post this way. NO I AM NOT A JUDGE. I just have an interest in these matters and take the time to "investigate" before I speak. Thank you for affirming what I stated. It is always nice to have the validation.

joker said...

what has 4 legs abd chases cats?

Mrs. Katz and her lawyer.

Anonymous said...

Batman says:

I have reread the posts of Rumpole and the Captain.

Captain: as to the "Felix" matter, the reason the "jail official" called the defense attorney had very little to do with sympathy for Mr. Felix. Jail officials in many counties and in the state penal system are trying to get Aids inmates out of their facilities. They do no want to care for them. It is expensive and housing them is difficult. Dale Ross let him go because the Broward County Sherriff and other county bureaucrats wanted off the problem. Judge Alemon, like it or not, did not have to accept the stipulation of the state and defense. She had the discretion to reject it. On a moral issue we may be offended and wish she had done otherwise, but violate a Canon, I think not.

Rumpole: Judge Alemon has no history of action by the JQC. The "reprimands" you speak of are opinions by the 4th DCA criticizing her decisions.

I have no love lost for this judge. She is difficult and makes Leslie Rothenberg look defense oriented. But the people of Broward, for better or worse, chose to marry themselves to her for 6 years. Just as the people of Miami-Dade wanted Peter Adrian, Will Thomas, Barbara Areses, Anna Pando, Leslie Rothenberg, Arthur Taylor, Al Sepe and many others.

I stand by my statement in an earlier post that this is just open warfare between the defense bar and a judicial officer. It diminishes us all.

Anonymous said...

Aleman will never plea. The christian coalition will mobilize for her, and claim its all a "liberal" attack on a "good conservative."

She will fight to the end, with God on her side, like many of our clients who go down in flames.

Anonymous said...

If g-d is on aleman's side, is Bogenshutz splitting his fee?

Anonymous said...

Maybe the JQC out to be re-worked. What do you want to bet Aleman gets just a little slap on the wrist? Her behavior itself may not outrage and shock the community but it should serve as a lesson that she is merely elected by her community and does not then have the g-d given right to be a nasty witch wearing a robe and treat people with dis-respect.

i only hope the JQC doesn't pass the buck because she is now sitting in civil

Anonymous said...

For the record, I was the first Manny is a moron poster. Ask anyone who has worked with Manny, he is so damn dumb it is incredible. The guy was sent to DV misd because he could not be trusted with a felony case. But, how do we trust those idiots in Felony DV. Come on, look who is in that group. I think we should do an ASA by ASA critic of them.

I was having a conversation about Manny and how he handles cases. The conversation was hilarious about Manny and a defense attorney who was a former ASA. Manny was the laughing stock to not only the defendant, but the victim too. Ask those who started with him, he is dumb and always has been dumb.