BREAKING- JUDGE RODNEY SMITH BANS A DEFENSE TEAM FROM PRACTISING IN THE SDFL FOR TWO YEARS
(as a reminder, see our last post on an amazing order by Judge Altman and his use of the Royal We)
A defense team representing Joe Carollo in a civil lawsuit before Judge Rodney Smith has narrowly avoided prison when one of the lawyers took a photograph with his phone in court and posted it on social media.
We can only categorize Judge Smith's reaction as "volcanic", 🌋with rightful references to a Federal Judge in New Jersey whose son and husband were killed in an assassination attempt.
Here a channel Ten news summary of the proceedings.
The judge, visibly furious, told the entire defense council that the actions crossed the line. “You have conducted yourself in a way that is beyond reprehensible,” said Smith.
Late in the day Wednesday, the judge ordered that six attorneys, including Stolow, along with Amber Dawson, Mason Pertnoy, Marc Sarnoff, Benedict P. Kuehne and Thomas Scott would be indefinitely barred from bringing any cellphones, cameras, or any other recording device into any courthouse in the Southern District of Florida.
....
He brought up a case of a U.S. District Judge in New Jersey whose 20-year-old son was killed and her husband critically injured when someone rang the doorbell of the family home and shot them.
Smith said the photo incident was a “matter of safety.”
The judge took a 15-minute recess and then came back with his recommendation to Carollo’s attorneys: ethics training and two years of not practicing in the Southern District for all of the defense attorneys. He is giving them 30 days to respond and if an agreement cannot be reached, he would set a contempt hearing in 90 days.
29 comments:
Not strictly accurate that they are banned from practicing in SDFL for two years. Its one year w good behavior, OR they can propose alternative sanctions or request a contempt hearing.
Still, not great. Part of me thinks J. Smith overreacted, but part of me thinks these Carollo lawyers lied down with a dog and got fleas. Certainly the experienced ones should have known better and to put a photo snapped in court in a pleading is pretty inexcusably dumb.
Pursuant to the Court’s in-court statements on May 17, 2023, it is
ORDERED that, by June 16, 2023 at noon, the following attorneys shall each file a sealed
notice indicating how they wish to proceed regarding the violations of Local Rule 77.1 and
Administrative Orders 2018-79 and 2019-87-A:
1. Jesse Stolow
2. Amber Dawson
3. Mason Pertnoy
4. Marc Sarnoff
5. Benedict P. Kuehne
6. Thomas Scott
The Notice may include (i) a proposal to the Court as to appropriate sanctions that the attorney is
willing to accept, (ii) a request for a contempt hearing, and/or (iii) acceptance of the Court’s
proposed sanctions announced in open Court, which include a two-year voluntary suspension from
the Southern District of Florida bar and completion of ten hours of ethics continuing legal
education. Under the Court’s proposal, an attorney may petition to be readmitted to the Southern
District of Florida bar after one year, if the attorney is in good standing and has completed the tenhours of ethics continuing legal education,
DONE AND ORDERED in Fort Lauderdale, Florida, this 18th day of May, 2023.
____________________________________
RODNEY SMITH
UNITED STATES DISTRICT JUDGE
Rodney Smith has always been a wonderful and fair judge with a very easy going judicial temperament, it would seem difficult to anger such a gentleman. I also have all the respect in the world for Ben Kuehne, he's a great guy and terrific lawyer. I hope there is equity for all sides
I'm calling SHUMIE TIME on these four lawyers...put a fork in them, they are done until 2025 - which btw the sanction seems very very severe considering these lawyers make their living from working in the sdfl
And also is Tom Scott THE Tom Scott??
Rump -- the title of your post is extremely misleading, no? Has Judge Smith actually banned them from practicing for two years (or has he only threatened to do so)? (Regardless, I hope defense counsel has good lawyers in place and I hope they appeal, if that indeed is or will be the ruling. ABSURD.)
You gotta be a total fucking idiot to do what they did.
Now watch all the finger pointing.
We fought hard to get the right to bring our phones into the courthouse. What they did is the equivalent of one of us carrying a concealed gun into the MJB after showing our courthouse ID.
Just plane stupid...
I can understand about the newbie 13 month attorney, Jessie Stolow, who clearly screwed up and took a photo using his phone in the courthouse. That is a direct violation of Local Rule 77.1 and Administrative Orders 2018-79 and 2019-87-A. You can't take pictures in a federal courtroom. He should know better and now he does know better.
It is shocking that Ben Kuehne, one of the most brilliant and respected lawyers ever to practice law, faces prison, banishment, or any consequences for filing a motion under seal that contained the picture Jessie Stolow took in violation of Local Rule 77.1 and Administrative Orders 2018-79 and 2019-87-A.
There is nothing in those rules that prohibit Ben Kuehne, or any attorney, from filing a motion under seal with a copy of a picture taken in violation of those rules. A motion filed under seal should pose no danger to any court personnel. Jessie Stolow is a good guy who made a very bad rookie mistake, apologized immediately, and will almost certainly never do that again.
The idea that lawyers of Ben Kuehne's caliber should fear being targeted because they represent undesirable clients like Joe Carrollo should strike fear in the hearts of all lawyers who swore the oath to protect and defend the constitution. Ben Kuehne is amazing exactly because he has represented dogs over a lifetime and never come up with their fleas.
Judge Rodney Smith is an Eagle Scout. So is Ben Kuehne. This all needs to be resolved so justice is served. Justice is discharging any contempt orders against any attorney that did not take the photo or order the photo to be taken in court. There is no rule against filing motions with that picture under seal. IMHO.
Lighten up Francis.
Surprised Ben would be involved in this kind of behavior.
THE CAPTAIN REPORTS:
GOVERNOR MAKES FOUR MORE JUDICIAL APPOINTMENTS .....
Following up on last week's news of two attorneys getting appointed to the bench locally, DeSantis kept his record of judicial diversity in tact:
Reid Scott, ASA, gets appointed as a Circuit Judge in the 15th (Palm Beach)
Danielle Sherriff, former ASA, gets appointed as a County Judge in Palm Beach County
Kristin Kanner, former ASA, gets appointed as a Circuit Judge in the 17th (Broward)
Elaine Carbuccia, who has been an attorney for all of six years, get appointed to the Circuit Court, also in Broward. She is currently a law clerk for Judge Raag Singhal and she formerly served as a judicial staff attorney for the 17th Circuit.
Captain Out .......
I was the one defending the County Court appointments as well qualified. Ms. Carbuccia, however, is not well qualified to sit on the Circuit bench - I don't care how smart or wonderful she may be. Six years of practice, anywhere, isn't enough to be appointed to the Circuit Court - not with all of the actually experienced lawyers out there.
Ben makes mistakes. Read us v Valez. Talk about a rookie mistake. Brain on tilt.
He didn’t make a mistake in Velez govt just wanted to take him out. He didn’t do anything wrong at all and if you read the opinion that is what it says. But in this case, whether or not it is a violation of the rules to put a photo some dumb new lawyer took in court in a pleading, it is certainly very stupid. At best the result is the dumb new lawyer takes the fall and his career is short circuited before it began, when Ben could have realized with a moments thought how it would play out, told the new lawyer hey you fucked up kid don’t do it again, not put it in the pleading, and the whole thing wouldn’t be an issue. Smart guy but his judgment was not good here.
Think about it. A 6 year lawyer judging a death penalty case. Absurd. The JNC should be ashamed. The governor's office is shameless. Our system is deplorable.
Ben aint no saint but, these lawyers all fucked up and Ben should know better.
Robeitis. The only security issue is the fact that the judge chose to publicize a filing under seal. By the way, Judge Smith is a nice guy, but he is no Ben Kuehne.
I’ve got videos of bank witnesses admitting bank lawyers are coaching them to commit perjury. The perjury is to cover up fraud on the court. The Florida Bar won’t touch them.
Outrageous that there is talk of prison even for the lawyers who didn’t take the picture. Filing a motion under seal disclosed that the picture was taken. Better to not file the motion?
I say leave Ben and his team alone. Make the lawyer who took the photo do his penance. But got to keep it in perspective.
We can’t ignore bank lawyers helping banks to commit felonies in court to devour homes of elderly widows.
We can’t also nod approvingly when a team of lawyers with the courage to disclose one messed up, files a sealed motion, and it’s threatened with prison and a two year suspension from the practice of law.
Marshall Waston ran a foreclosure mill that Robo signed millions of fraudulent pieces of evidence. He only got a 91 day suspension.
This is one of those cases that show the underlying rule is defective. So throw out the no-pictures in court rule, figure out what you are trying to prevent (assassinations?), and make a rule only prohibiting photography related to that. If I understand the story, this was a voluntary posed picture and no one was put in danger. Doesn't the First Amendment require that result? If that approach is not "federal" enough, let's use the Justice Thomas jurisprudence of letting the suspect decides whether it needs to be reported and whether it violated something.
Judge Smith is a great guy. I wish we had more like him. He has a right to be angry.
My gf and I had a big fight last night over the blog and the actual existence of Shumie. I ended up going home alone. Admittedly we both drank too much. She blocked my phone so hopefully she sees this and calls me. But who is right ? Is there a real Shumie ?
All kinds of old law school ideas come traipsing back. A technical versus a substantial violation. Mens rea at the time of the offense.
Judge Smith is overreacting by far. Circumstances matter. The other lawyers are alleged to have been violating a direct court order by speaking to media *in the courtroom*. A young lawyer wanted to document this offense, and likely believing physical evidence superior to his testimony, did what anyone born after 1995 would do -- pulled out his iphone.
His intent was to guarantee that both sides played fair and to preserve evidence of a violation. He technically broke a law designed to ensure fair play in his desire to petition the court for fair play.
Its a dumb law and federal court personnel are in no lesser danger than state court personnel because of the law.
Having said that, a wisened judge who was a true believer in the law would mentor this young lawyer into compliance. There was literally no harm, as the offending picture was sealed.
The reaction he instead had is hysterical, pompous, and only draws negative attention to the bench, which he purports to be acting to defend.
Our system of laws depends on reasonable, wise judges exercising discretion with calm objectivity. To read that one equates this young person's mistake with the NJ murders is the only deeply offensive thing that happened here.
I think that Ben Kuehne's error (other than representing Carollo, who is certainly the most difficult client ever) was in associating himself with lawyers from civil firms, who clearly have no idea how to behave in federal court. The kid is from Buchanan Ingersoll & Rooney, and Mason Pertnoy has a mere 15 years of experience (not clear what his firm is; seems to have moved and merged several times), in comparison to Ben's over 40 years, much of it in high-profile criminal cases in the SD of Fla. My bet is that Carollo insisted on this involvement of others (maybe the City, which has to pay for Carollo's defense, insisted on this, too).
But I would take Judge Smith's deal, because I would expect that doing so would fend off a Bar complaint. The only way to handle this type of situation is to grovel, not because you are sucking up, but because it shows that you can take a hit like a real professional.
It wasn’t fair. People are entitled to due process with an opportunity to be heard not told to stop speaking. Judges shouldn’t let their personal motivations influence their judicial temperament. You can’t hold people guilty by association. Documenting wrongdoing is what we need. What would he have done if there was a crime and not just his order he seems to give the weight of a rain drop in the forest. No one has died. All he’s done is publicly bash attorneys who couldn’t speak back and then tell them to reply under seal after telling them they’re guilty.
Like joe or not he is NOT getting a fair trial. Fuller is a slumlord laughs off needing permits has the money to pay to play. Ken Russell collected a paycheck from city of Miami for 7 plus years and did nothing but raise money and campaign to be a big shot. If anyone saw him on the witness stand you would know the young female attorney banged him up real good. Even showed a video of a commission meeting where commissioner Hardemon was not willing to put the city at risk for a law suit stemming from fullers illegal packed venues. The minutes from same meeting prove then City manager Gonzalez was out with Joe often and admitted page after page to witnessing all these code violations on fullers properties.
Why didn’t judge smith do anything about fullers partner trying to convince a juror to look at social media? Trying to scare a juror into thinking they were dealing w ax murderer. Intimidating someone doing their civic duty without any punishment muchless all this public bashing of good attorney’s. More laughable is Acevedo testimony he was here 6 months of which many days unaccounted for being out of town. Purchased a house $1.750 in south grove the entire time he was here they were stealing cars all over the grove cloning keys fobs. Even went into peoples garages which is considered an occupied burglary. He was a worthless ego manic narcissist.
This judge needs to be investigated. There should have been a mistrial when Zack Bush went after a Juror. He’s not allowing to call more witnesses. Now he’s punishing all atty’s for one rookies mistake. Ignoring what he took a picture of.
CLEARLY, he chose a side before the trial began. Another clown judge proving the justice system is a total joke.
This Judge had a totally ridiculous overreaction.
Judge is a black robe donning dick. Truly hope he’s preaching to his god or reverses himself on this one, given his self proclaimed personal bias and opinions, because it’s only the beginning.
3:51 understatement of the southern district. If I hadn’t heard about the ridiculousness of his rulings and allegations of permitting juror tampering… oh wait, he was appointed by trump. Never mind. Carry on.
With all the recent discovery of corruption and distortions of the truth made by government attorneys, THIS is what he chooses to get bent out of shape about???????
The issue was resolved. There were no forks harmed in the resolution of the allegations. I’m being told the issues were amicably resolved, and the involved parties are satisfied with the resolution. The case is over, for now, so we should expect them to keep making their income along with some of the rest of us in the SDFL.
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