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Wednesday, April 29, 2015

SCOTUS AFFIRMS FLORIDA BAN ON DIRECT SOLICITATIONS FROM JUDICIAL CANDIDATES

UPDATE: Very nice work Professor, thank you. 
@Davidovalle305 tweeted this. We don't know his source and it is not up on the Florida Supreme Court Website yet:

BREAKING: Fla Supreme Court says Judge Jackie Schwartz should be suspended 30 days, fined $10K for telling store clerk "Go Fuck Yoursef."

Here is the order. The court did not suspend Schwartz. But essentially offered the 30 day suspension and 10K fine in addition to a reprimand and a letter of apology as a resolution the court would accept.




In an opinion written by Chief Justice Roberts, a sharply divided court, by plurality, affirmed a Florida Supreme Court ruling upholding Canon 7C(1) banning personal solicitation of campaign funds by judicial candidates.  Lanell Williams-Yulee solicited, by mail and online, financial contributions for her campaign for County Court in Hillsborough County.  She was unsuccessful in obtaining judicial office.

The Florida Bar filed a complaint against her for violation of the Code of Judicial Conduct, which is applicable to judicial candidates under Rule 4-8.2(b) of the Rules Governing the Florida Bar.  She admitted she sent the solicitations, but argued she had a First Amendment Right to do so.  The sanction recommended by the referee, upon conviction, was a public reprimand and costs.  When the Florida Supreme Court adopted the referee's recommendations, she sought cert and it was granted.

The entire premise of the Court's opinion is that "Judges are not politicians, even when they come to the bench by way of the ballot."  And even though they are elected, the State can make a decision not to treat judicial candidates like campaigners for political office.  In essence, judges do not have a constituency.  Their constituency is the law, not the people.

Justice Roberts makes it clear that the restriction on fund raising, although "free speech", meet the strict scrutiny test required for it to be upheld.  The ban on solicitation aims squarely at the conduct most likely to undermine public confidence in the integrity of the judiciary: personal requests for money by judges and judicial candidates, and serves a compelling public interest.

The CJ took the time to comment on judicial elections.  He stated that the desirability of judicial elections is a questions that has sparked disagreement for over 200 years.  Our founding fathers (with the exception of Thomas Jefferson) thought an appointed judiciary was the best method to obtain an impartial judiciary.  However CJ stated that it is not SCOTUS' place to resolve that "enduring debate."

However, there is good news for Richard Parillo and United Automobile Insurance Company.  The Court had no problem with "campaign committees" and one must surmise that includes PACs like the one Parillo created to give Rodney Smith $250,000.  So all you "robed warriors" and "would-be robed warriors" pay attention at the judicial campaign seminars the Florida Supreme Court Judicial Ethics Advisory Committee puts on each election cycle.

35 comments:

Anonymous said...

Did you know that Mark Eiglarsh got his client's sexual battery case dropped by the State? Just wondering because he surely cannot shut up about it. Good job Mark, but why don't you pat yourself on the back some more? You didn't do anything. You know when Barry Sanders scored a touchdown he just handed the ball to the ump.

After the information was filed, you filed your NOA days later. You then presented witnesses to the State on one day, they spoke to them the next day, and then your client was out.

Meanwhile, you spend every minute dropping the ASAs name.

As an ASA I saw at least one or two Rule 3's with M. Eiglarsh as the closing ASA. Let's just say you are way better at boasting to the media than you are of preparing a file.

Anonymous said...

Jackie "Wacky" Schwartz slammed by the Supremes. 30 day suspension and 10k fine.

That'll leave a mark.

CAPTAIN JUSTICE said...


The Captain Reports:

Florida Supreme Court to Judge Jacqueline Schwartz:

'F--- You'

The Miami Herald reports:

"Tasked with signing off on Judge Jacqueline Schwartz's recommended punishment for telling a store owner last year to “go f--- yourself,” the state’s high court told Schwartz — politely — to do the same".

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article19902234.html#storylink=cpy

Today, the FSCourt rejected an agreement that had been reached between Judge Schwartz and her attorney Richard Baron and the JQC. They had agreed to a punishment of a Public Reprimand and a letter of apology. That recommendation was sent to the Florida Supreme Court.

By a 4-3 vote, the Court upped the ante. Schwartz will instead be sentenced to a 30 day suspension without pay, and a $10,000 fine. That comes to a total of approximately a $21,000 hit to Judge Schwartz.

Cap Out .....
Captain4Justice@gmail.com





Anonymous said...

http://www.floridasupremecourt.org/pub_info/summaries/briefs/15/15-312/Filed_04-29-2015_Order.pdf

Rumpole said...

I know a judge was removed from the bench this week by two of her colleagues because she was not fit to serve that day. I am working on what I can and cannot post about it. Until then I won't post your comments. Please understand this is a sensitive issue.

Anonymous said...

"99% of the world's lovers are not with their 1st choice. That's what makes the jukebox play."
― Willie Nelson (born April 29, 1933)

Anonymous said...

Rumpole, a judge was removed from bench because not fit to serve, and you won't write about it?

John Webster said...

What! because we are poor
Shall we be vicious?

Pray, what means have you
To keep me from the galleys, or the gallows?

I visited the court, whence I return'd
More courteous, more lecherous by far,
But not a suit the richer. And shall I,
having a path so open, and so free
To my preferment, still retain your milk
In my pale forehead? No, this face of mine
I'll arm, and fortify with lusty wine,
'Gainst shame and blushing.

Anonymous said...

Not even on the bench for 6 months and she already is having issues. Ridiculous. Step down now.

Anonymous said...

"Chief assistant state attorney Kathleen Hoague said Macias was arrested based on the testimony of a witness and corroborating evidence.

If he was innocent based upon the DNA, what else could they possibly have corroborating the evidence? This is ridiculous. Please explain what else corroborated.

"Once we found out there was other evidence that indicated otherwise, especially DNA, as well as alibi witnesses, we moved as expeditiously as possible and the right result happened," Hoague said. "We are very sorry that the man was in custody for the period of time that he was, but as soon as we found out, we did what we had to do and we released him, this happens all the time, okay, this is not the first time this has happened and it won't be the last."

This won't be the last time because the quality of ASAs currently at the office, from the top all the way down, is at an all time low. Horrible supervisors lead to horrible line ASAs. So many of them just believe every word of a "victim."

This happens all the time?!?! Isn't this statement disturbing?

Anonymous said...

If you don't want to read Eiglarsh's boast about himself, I suggest you un-friend him on Facebook. I counted no less than 5 posts promoting his win for the "innocent rapist".

Say what you want about him, he's a great self-promoter, a very nice guy and a good lawyer. Plus, he's been on The View!

Rumpole said...

I'm pretty sure why she was removed. But what if I am wrong and she was sick ? What if it was a meds issue? And when I say removed I mean a colleague escorted her off the bench.

Anonymous said...

Slurred words, can't get through a simple plea colloquy... get rid of the little girl. She is in way over her head.

Anonymous said...

Who was the judge that had to be removed by her colleague? It has to be bad if Rump is cautious to write about the incident.

Anonymous said...

The worst Judge in Dade County

http://www.local10.com/blob/view/-/32647292/data/2/-/ynffdp/-/Jacqueline--Jackie--Schwartz-2.pdf

Anonymous said...

Not identifying her just means that the folks who are "in" stay in, to the advantage of their clients, while the rest of poor suckers will never know what hit them.

Yeah, that seems like a good way to run a justice system.

And if she, whoever the hell we're talking about, was removed for being drunk or such, there should be a JQC inquiry. Her "colleagues" have a Canon obligation to report her, not cover for her.

Anonymous said...

I thought only pilots and Don Draper go to work inebriated.

Anonymous said...

We're turning into Broward:

http://www.browardpalmbeach.com/news/broward-judge-reportedly-came-to-work-drunk-6442140

http://articles.sun-sentinel.com/2001-12-08/news/0112070864_1_judge-s-home-joyce-julian-circuit-judges

http://articles.sun-sentinel.com/2013-11-06/news/fl-broward-judge-imperato-dui-charge-20131106_1_dui-arrest-misdemeanor-case-breath-test

Anonymous said...

stop with the "little girl" shit.

Anonymous said...

The police are too quick, and often, too negligent in making arrests in sex-related cases resulting in innocent people sitting in jail with no evidence other than the uncorroborated word of a "victim". As 1:55 a.m. correctly pointed out, there couldn't have been any "corroborating" evidence to "corroborate" a crime that DNA says was not committed by a defendant whose alibi says was not even there at the scene.

It beg these question about the quality of detective and prosecutorial work: Why was defendant arrested before DNA came back? Why were charges filed before DNA came back? Why wasn't DNA run through the database for comparisons? Why would the police, SAO and first appearance judge accept as probable cause something so flimsy as a an ID on an online photo and "corroborating" that, as a matter of fact, could not possible "corroborate" something that did not happen?

Perhaps it is time to apply the same standards of proof to these cases that the police internal affair investigators apply to citizens' complaints against officers.

Anonymous said...

And make sure to get rid of the A**Hole 'Little Boy' at 9:10 who thinks that since he's got a pee-pee he's better than those who don't.

Anonymous said...

3:44

Look - I agree that Eiglarsh's ego is obnoxious, but he gets credit for the win.

Think about it - when a client hires you on a possession of aprazolam case and you provide proof of the prescription to the prefile ASA and the case gets no action, you don't call your client and say, "Look. You really didn't need to hire me. You could have just mailed a copy of your prescription to the state attorney's office."

Of course not. You're the attorney and you did your job.

So when you provide the case on point to the ASA that results in the dismissal of your client's case, does the case law get the credit or the attorney for doing their job.

Eiglarsh filed his NOA around 4/21, and the case was dismissed 4/29. In 8 days he managed to do what hadn't happened in the previous thirty.

Our job is not all trials and legal magic. Sometimes it's recognizing a client's innocence and then stopping at nothing to see that the right action was taken. Of course the alibi witnesses and the DNA were the basis for the dismissal, but Eiglarsh knew how to put everything together quickly and effectively. A lot of lawyers would drag their feet.

Maybe the case would have been dismissed in time, but Eiglarsh was able to pull this off in just a few days. That's good work.

CAPTAIN JUSTICE said...

THE CAPTAIN REPORTS:

SINE DIE .......

I know how intently all of our loyal readers have been in following the circus going on in Tallahassee this week.

In case you missed it, or don't understand our legislative process, the House and the Senate meet for 60 days every March and April to pass a budget. That is their only constitutional duty.

This year, they were mandated to get that done by tomorrow, May 1, 2015.

Of course, in addition to the budget, the two chambers may send upwards of 200 or more bills to the Governor for his signature.

On Tuesday, the State House, without discussion with the Senate, banged the gavel and ordered Sine Die, meaning that their Spring Session is done, over, kaput - with no budget passed.

The Senate is still in session. In fact, the House Speaker, Steve Crisafulli, R-Merritt Island, gave his full respect to his counterpart in the Senate, by informing Senate President, Andy Gardiner, R-Orlando, of the decision to adjourn, by leaving him a voice mail.

So, not only did the 120 House members leave Tallahassee without passing a budget, they also caused hundreds of possible bills to die without even getting to the Governor's desk.

Now, how did the Senate respond?

They sued the House, of course. And the case is before the Florida Supreme Court.

http://www.floridasupremecourt.org/pub_info/index.shtml

Arthenia Joyner v. Florida House of Representatives

What a mess!!!!!

Cap Out ....
Captain4Justice@gmail.com

Anonymous said...

The DNA was being tested before Eiglarsh was ever on the case, there were 3 witness identifications of his client and speedys were not waived-therefore forcing a filing decision by the State-the State Attorney absolutely did the right thing both by filing and nul processing once the DNA came back-it is the personal attacks on the State by Eiglarsh that are uncalled for. I would be thanking the State for doing the right thing.

Anonymous said...

The intrigue! Who's the drunk judge?

Anonymous said...

Good, Now Jackie will have less money to bankroll her next election where my dog is running against her and he'd be a far better candidate. (Nicer too)

Anonymous said...

The A**Hole Little Boy didn't utterly fuck up. What do you expect when you show up to court drunk? She has no respect for anyone.

WILLIAM SHAKESPEARE said...

When, in disgrace with fortune and men’s eyes,
I all alone beweep my outcast state,
And trouble deaf heaven with my bootless cries,
And look upon myself and curse my fate,
Wishing me like to one more rich in hope,
Featured like him, like him with friends possessed,
Desiring this man’s art and that man’s scope,
With what I most enjoy contented least;
Yet in these thoughts myself almost despising,
Haply I think on thee, and then my state,
(Like to the lark at break of day arising
From sullen earth) sings hymns at heaven’s gate;
For thy sweet love remembered such wealth brings
That then I scorn to change my state with kings.

Anonymous said...

As to 3:44:00 PM, such a shame that the ASAs name was mentioned publicly. After all, the sniveling innocent minority group member charged with the most hideous of cries that will now be picked-up all through the internet does not know pain until he stands in the shoes of the incompetent and uncaring ASA who just didn't give a crap.

Anonymous said...

Tonight at THE REN (a venue) there is a massive draft party and they are giving away free drinks to everyone who correctly selects the current draft pick. The Ren (a venue) rocks!

Anonymous said...

5:45 p.m., if it is true that there were "3 witness identifications", that'd be further proof of the unreliability of eyewitness testimony and how such unreliable eyewitness testimonies can, and have, put many innocent people in prison. With DNA saying someone else committed the rape and the defendant being vrifiably somewhere else, how can any "witness" "identify" him as the perpetrator?

Anonymous said...

Not having respect for anyone doesn't mean you're a "little girl."
The judge f-ed up. no doubt.
But why do you have to use sexist language? It has nothing to do with gender.

Anonymous said...

Interesting how a sauced judge makes the Justice Building crowd levitate with excitement.

Anonymous said...

Sauced up judges were the rule in the Justice Building 30 years ago and no one raised an eyebrow about it.

Tamah Jada Clark said...

Maybe "Wackie Jackie" can borrow my "Notice to F_ck this Court and Everything it Stands For!"