BREAKING: The Sun Sentinel has the story of a Broward Criminal Defense attorney being caught in flagrente delicto with her client, in the jail, "bent over a table" committing an act that is illegal in the State of Florida unless you are married.
The lawyer has been banned from all five Broward Jails, which is a shame because we have it on good authority that hundreds of male inmates have called requesting a consultation. Business is good.
Interestingly, the JAA Broward blog is silent on this matter.
Fred Haddad is representing the lawyer. The lawyer is a former Broward PD and was fired in January from RC4 for "misconduct".
There is a Bar rule prohibiting lawyers and clients from having sex.
We were wondering about this. An inmate cannot be deemed to give consent to have sex with a corrections officer, for obvious reasons. If the defendant was a female and the defense attorney male, would there be people wondering if this was a consensual act or if the attorney was coercing the client to engage in sex in exchange for representation? Because if that occurred, that is a crime. Is anyone considering whether this instance could also be a crime?
Also, we have a post coming up from The Professor. Judge Miranda is having even more trouble with the 3rd DCA and her contempt orders.
All too often (and always if you dial the 954 area code) Judicial Assistants are impediments to getting access to courts.
The phones aren't answered, and when they are you are reduced to begging to get a case on calendar.
Client dying and you need an emergency motion for bond? Sure, it will be set in two months and the judge requires a motion and memorandum of law, filed in triplicate, translated into Sanskrit, faxed and emailed and hand delivered between the hours of 4:45 and 4:51 P.M., Fridays only.
We've all experienced horror stories, none worse than the County Court JA who was rude to the Governor's staff who was calling to tell the Judge that he had been appointed to the circuit court. Based on the JA's attitude, the appointment was rescinded in light of the Governor's opinion that his staff needed more training and experience.
But in no particular order, we bring to you the pleasurable experiences we have had in the last few months with JAs. Starting with Judges De La O, Tinkler-Mendez and Ruiz, their JAs email you reminders of upcoming court appearances. Very professional and above and beyond the call of duty.
Judge Andrea Ricker Wolfson's staff was praised us in an email recently:
"Dear Rumpole: The other day I had a case in Judge Wolfson's courtroom. The start of court was delayed for some time and as I approached the door and read the sign and then started to walk away the bailiff came out to let me know that the prosecutors were in the courtroom and I could go inside and speak with them. It's a small thing, but as it unfolded it showed me that the Judge has picked a staff who cares."
The embattled Stand Your Ground law is facing changes in the current legislative session. The legislature is fixin to make it tougher for prosecutors, shifting the burden of proof during the hearings to the prosecution to disprove that the defendant acted in self -defense.
Coming soon: some legislators have been heard mumbling that maybe the entire burden of proof should be on prosecutors to prove a defendant guilty. They've even bandied about a law presuming the defendant innocent.
Meanwhile in death cases, the legislature, in response to criticism that Florida's statute is also unconstitutional because it allows for a non-unanimous recommendation of death, has dug their collective heels in, not allowing commie-liberal Supreme Court Judges in Washington like Alito, Thomas and Scalia to push them around. Although Florida prosecutors have recommended raising the recommendation for death to 9-3, the legislature has responded by considering lowering the recommendation for death to "anyone who tweets that the defendant deserves to be fried."
We'll keep you updated on the musings of these great legal minds.
See You In Court.
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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM