NORTH OF THE BORDER - NIKOLAS CRUZ TRIAL .......

THE CAPTAIN REPORTS:

NORTH OF THE BORDER ... JUDGE ELIZABETH SCHERER LOSES IT, DRESSES DOWN DEFENSE COUNSEL .....

So, my fellow criminal defense lawyers. Have you ever been dressed down the way Judge Liz Scherer jumped down the throat of APD Melisa McNeill, lead counsel for Nikolas Cruz? The incident happened yesterday in a Broward courtroom when the defense surprised everyone by announcing that they were resting their case. Over the course of the past couple of weeks, the defense had called a total of 26 witnesses to the stand. But they had been telling the State, and Judge Scherer all along, that they expected to call upwards of 80 witnesses to testify.

On the link below, from NBC6 Miami, watch the blow by blow action. It includes what can only be described as a second grade cat-fight between the Judge and the defense attorney:

MM: "Judge, you're insulting me on the record in front of my client ..."

Judge Scherer: "You've been insulting me the entire trial ..."

Then share with us your best stories of when you were scolded by a judge the way Scherer scolded McNeill.  

Bonus: Name the Judge and the attorney (without using Google) that squared off in the courtroom during a sexual battery trial, when the defense attorney, cross-examining the victim said this:

The attorney slammed two quarters on the witness stand and said, “You’ll dance nude for 50 cents. What would you do for a dollar?”.

CAPTAIN OUT .......
Captain4Justice@gmail.com

BROWARD ASA LIST

 There are things you should not do. 

You don't tug on Superman's cape. 

You don't spit into the wind. 

You don't pull the mask off the old Lone Ranger

And you don't take cases in Broward if you're smart and enjoy your mental health. 

In Dante Alighieri's Inferno, part of the Devine Comedy, the Eighth Rung of Hell is Malebolge, which translates to "evil ditches" which in our  case are what  those fortresses of Courthouses, new and old, are resting on  North of the Dade Border. 

But if you insist on self punishment, misery, walking into the place where everybody doesn't know your name and doesn't care to, then we have been sent this updated list of the ASA's who skulk the hallways looking for some Dade lawyer to offer ten years on a third degree felony where your client has no priors. 

"Enjoy" (cough cough):

State Divisions Jan 25 by HR on Scribd

JUDICIAL ELECTIONS 2018: NORTH OF THE BORDER ..... PART TWO

THE CAPTAIN REPORTS:

JUDICIAL ELECTIONS 2018:
NORTH OF THE BORDER ..... PART TWO

Attorney Jason Rosner is running for Judge. Rosner has been a member of The Florida Bar since 2004 and he can be located on the Bar's web site under the name Jason Allen Rosner.

But, a review of the same web site finds that there is no licensed attorney in the State of Florida with the name Jason Allen-Rosner. Despite that glaring fact, Allen-Rosner has qualified to run in Broward’s Circuit Court Group 38 race for an open seat. Allen-Rosner filed to run against candidates Melissa Donoho, Linda Leali, and Stephanie Moon. By filing under the name Allen-Rosner, (adding a hyphen between his Middle name and his Last name), instead of using his real last name Rosner, Jason goes from last to first on the ballot in Group 38.

Jason Rosner has a law practice in Hollywood, Florida handling mostly criminal defense and family law cases. He has a web site (that can be found here) and lists his law practice under the name Jason A. Rosner.

Jason Rosner was married in 2005 in Miami-Dade County and he filed a marriage license with the name Jason Allen (middle name) Rosner.

His LinkedIn page uses the name Jason Rosner. His AVVO pages, Superlawyers page, Findlaw page, and so on, all use the last name of Rosner. Not a one lists the name Allen-Rosner. It appears that the hyphenated name was invented for the first time on the qualifying documents filed with the Department of State in Tallahassee last Friday.

In fact, most of the documents Rosner filed with the Department of Elections actually do NOT even use the hyphenated name. On January 19, 2018, Rosner files his first set of papers with the Division of Elections. His Statement of Candidate lists Jason Allen Rosner as a "candidate for Circuit Court Judge". The filing includes a letter written on office stationery with a letterhead that reads Law Office of Jason A. Rosner, P.A. Rosner also filed the Statement of Candidate for Judicial Race and the Appointment of Campaign Treasurer, both indicating that the name of the candidate is Jason Allen Rosner. The State sent Rosner four letters over the next four months, all addressed to Jason Allen Rosner. On May 4, the day he qualified, he filed his Public Financial Disclosure and to prove who he was for the Notary, he used his Florida Driver’s License issued in the name of, you guessed it, Jason Allen Rosner (no hyphen). Not until he filed his Candidate Oath did he finally use the name Jason Allen-Rosner.

Even more amazing, Rosner first decided to run for Judge in the 2016 Election cycle. Rosner filed in Group 9 on February 9, 2015, using the name Jason Allen Rosner (no hyphen). He went on to file seven documents with the Division of Elections using the last name of Rosner. Not once did he use the name Allen-Rosner. He ultimately withdrew from the race without qualifying on April 18, 2016.

By all accounts, Rosner has an excellent reputation and he is a well respected attorney in both criminal court and family court. Nobody doubts that he is more than qualified to sit as a Judge. He was an Assistant Public Defender for two years and he is currently a Civil Traffic Hearing Officer in Broward County and has been for the past six years.

But running for Judge means that one has read and is familiar with the Code of Judicial Conduct. Canon One of the Code discusses INTEGRITY and states that "An ..... honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity ..... of the judiciary may be preserved."

INTEGRITY, for those of you keeping score at home, is defined as: "the quality of being honest and having strong moral principles".

WHAT IS THE LAW???

We spoke with Jesse Dyer, an attorney in the General Counsel's office with the Division of Elections, Florida Department of State, and here is what he told us about the issue of what name they permit to appear on a ballot:

First, there are no Florida Statutes or Florida Administrative Codes that directly address this issue.

Second, there is an Advisory Opinion issued by the Division of Elections, authored 32 years ago, AO Number 86-06 (that can be found here) that primarily addresses "nicknames" appearing on the ballot.

The AO reads, in pertinent part:

" ..... Under common law principles, not abrogated by Florida law, a name consists of one Christian or given name and one surname, patronymic or family name; therefore, the name printed on the ballot ordinarily should be the Christian or given name and surname"..... "However, it has been determined that any name by which a candidate is known is sufficient on a ballot, and a person is legally permitted to have printed on the ballot the name which the candidate has adopted and under which he or she transacts private and official business, 29 C.J.S. Elections §161."

The Advisory Opinion goes on to state that:

"Election officials, however, may be justified in refusing to print on the ballot a candidate's nickname when it is not shown that the nickname ever was used by the candidate as part of his legal name, and such officials may be equally justified in refusing to print on the ballot a candidate's choice of a name which has not been adopted by him or her and under which the candidate has not transacted private and official business. See C.J.S. Elections §161."

Dyer told us that, when a candidate wants to use a "nickname", the Department requires that the Candidate complete an Affidavit swearing that they have used that name and are generally known in personal and/or work circles by that nickname. But, he went on to say that the staff that accepts the paperwork are ministerial officers and they generally accept the paperwork at face value. The candidate must complete the Candidate Oath Form and on that Form it actually says: "print name above as you wish it to appear on the ballot".

We located one case that directly addressed the issue, Planas v. Planas , 937 So.2d 745 (Fla. 3d DCA, 2006), on the use of a nickname:

"We hold that, as a matter of law, by designating a name, “J.P.” Planas, which “ha[d] not been adopted by him . . . and under which [he] ha[d] not transacted private and official business,” Division of Elections Opinion 86-06 (May 1, 1986)(citing C.J.S. Elections § 161 (now 29 C.J.S. Elections § 273 (2005))), the appellant did not “act[] in [the] good faith and . . . honest purpose,” 26 Am. Jur. 2d Elections § 293, at 109 (2004), required of all candidates". 

For additional guidance, we read the SUPERVISOR’S HANDBOOK ON CANDIDATE QUALIFYING that can be found here. In lockstep with what Dyer told us, the Handbook advised that: "A qualifying officer’s duties are ministerial in nature. (Section 99.061(7)(c), F.S.)".  "... any question as to the truth or accuracy of matters stated in a candidate’s qualifying papers becomes a judicial question if and when an appropriate challenge is made in the courts. (State ex rel Shevin v. Stone, 279 So.2d 17 (Fla.1972))."

Digging deeper into the Handbook though, one come's to Chapter 5, page 13: Q: "May a candidate use a nickname on the ballot?"
A: "A nickname may be printed along with one’s legal name if the candidate is generally known by that name or the name is used as part of his or her legal name. (See Appendices G and H - DE Opinions 86-06 and 09-05.)" 

And Appendix H (DE 09-05), found on page 48, says, in response to a question from a City Clerk official, that asked: “What level of scrutiny must a filing officer apply to ascertain whether a prospective candidate legitimately has a nickname that is eligible for placing on the ballot?”, the Director of the Division of Elections answered the question in part as follows: .... “the short answer is that a filing officer may require a candidate to make a satisfactory showing that the candidate has been generally known by the nickname or the candidate has used the nickname as part of the candidate’s legal name”.

In closing, Dyer, the Division of Elections attorney, stated if another candidate, or a registered voter in that County, feels like a violation of the election qualifying law is being committed, they would have to file an Injunction, and litigate the case in Court.

So, there you have it. Maybe it’s time for a change in the law. Or maybe, just maybe, we should expect just a bit more integrity from some of our judicial candidates.

CAPTAIN OUT .......
Captain4Justice@gmail.com

JUDICIAL ELECTIONS 2018: NORTH OF THE BORDER ..... PART ONE

THE CAPTAIN REPORTS:

JUDICIAL ELECTIONS 2018:
NORTH OF THE BORDER ..... PART ONE

"That which we call a rose, By any other name would smell as sweet" (Shakespeare, Romeo & Juliet, 1597)

But, if you had to vote between Capulet and Montague, whom would you choose? Especially if Capulet appeared first on the ballot.

Known as "First Listing Bias, the issue has been widely discussed and broadly researched by political scientists for decades. Here are just three of the many articles easily found online that discuss the fact that, in a primary election, with no political party involved, the candidate listed first stands to gain anywhere from 5-10% more votes simply because their name is first on the ballot. You can read the articles here and here and here.

So, why, pray tell, is El Capitan waking us up on a Wednesday morning with a poli sci lesson you ask? You want the truth, loyal readers; ..... you want me on that wall, you need me on that wall (A Few Good Men, Columbia Pictures, 1992); sorry, I lost my train of thought there .....

The answer is BROWEIRD.

On Friday, May 4^th, the final day to qualify to run for judge, at precisely 9:01 AM, judicial candidate Shari Beth Africk-Olefson filed in Broward Circuit Group 8 against Incumbent Ernest Kollra and challenger Alan Schneider. ***

Shari Beth Olefson has been a member of The Florida Bar for 29 years. On the other hand, Shari Beth Africk-Olefson is not an attorney licensed to practice law in the State of Florida. Despite that fact, Shari Beth Africk-Olefson is running for Circuit Court Judge.

Shari Olefson is Board Certified in the field of Real Estate law under the name Shari Beth Olefson. She has an exemplary reputation in the legal community using the name Shari Olefson. She is a Florida Supreme Court Certified Mediator under her name Shari Olefson. She is the author of several books in the fields of real estate law and economics, all using the last name of Olefson. She appears regularly on TV as an expert, (using the name Olefson), including a Fox News segment hosted by Jamie Colby, (yes, that’s former Judge Jonathan Colby’s sister), called "Take Charge". She is a mover and shaker in politics having hosted a "Conversation With Hillary" Clinton at her home for a fundraising event on May 21, 2016. The invitation to the event was from Shari Olefson. By the way, she is not running for Judge for the salary; (she has a Net Worth of just under $11 million dollars).

The point being, Shari Olefson has made her name in the legal community using the last name of Olefson. Why oh why would she then want to sacrifice 29 years of building up the reputation of that Olefson name, by running for Judge using a different name? Isn’t she running for Judge because of that stellar reputation? And nobody doubts that she has a stellar reputation and that she is more than qualified to sit as a judge.

Why then is she using the name Africk-Olefson to run for Judge? Because, she is also married to Pamela Beth Africk. They tied the knot on March 1, 2018.

The Florida Bar lists no licensed attorney by the name of Shari Beth Africk-Olefson. Despite that fact, Shari Olefson has filed all of her campaign documents with the Department of State and she is running as a candidate for Circuit Court Judge under the name Shari Beth Africk-Olefson.

Who gets to decide which name comes first when two love-birds tie the knot? Well, traditionally, of course, it has always been the husband’s last name that replaces that of the wife’s last name. For some, (think Hillary Rodham Clinton, for example), it is the wife who adds her husband’s last name after her maiden name. In Ms. Olefson’s case, she has married another woman; ("Not that there’s anything wrong with that". Seinfeld, The Outing, Episode 57, Season Four, 1993). And she has chosen to hyphenate her name, using her spouse’s name first. So, we ask again, who gets to decide which name comes first?

More importantly, shouldn’t we be asking whether Ms. Olefson is using the Africk-Olefson name primarily for the purpose of being placed first on the ballot? We wouldn’t even be asking the question if not for the fact that Ms. Olefson lists her name with The Florida Bar as Olefson while she wants the voters to elect attorney Africk-Olefson to the position of a Circuit Court Judge.

*** At 11:15 AM, 45 minutes before the end of qualifying, candidate Africk-Olefson switched races and filed in Group 36 against challenger Kristen Padowitz.

*** At the time Africk-Olefson switched races and joined Group 36, there were two other candidates in that race: Karen Berger and Kristen Padowitz. By using the last name Africk-Olefson, the candidate jumped to the front of the alphabetical list, ahead of Ms. Berger. This moved Berger down to the second slot on the ballot.

***So, at 11:57 AM, three minutes before the close of qualifying, candidate Karen Berger, made a savvy move herself. She jumped from Group 36 to Group 43, filing against candidate Dan Casey. Casey had announced in Group 43 last July, and had been unopposed for nine months. He was three minutes away from getting elected without opposition when Berger filed against him. By doing so, Berger, who had been first on the ballot in Group 36, before Africk-Olefson jumped into that Group, became first on the ballot once again, this time ahead of Casey.

The Captain agrees that a candidate should make their filing decision with winning in mind. Nobody runs to lose, and if you can improve your chances of winning, by running in a race where there are two candidates instead of three, or by running in a race where your name appears on the ballot before your opponent, well then, go for it. But that doesn’t mean you get to use a name that you have never used before, and one that you don’t even use to maintain your license with The Florida Bar, just to run for Judge; (which carries with it the requirement that you be a lawyer in good standing before you can even run for judge).

ADDENDUM: We emailed Ms. Africk Olefson and asked her why she chose to add the hyphen between the two names?  She did respond with the following: "When I married, Africk-Olefson became my legal name.  Which is why it’s the name on my judicial filing papers.  It didn’t occur to not combine and hyphenate surnames when I married. But I suppose there are cultural reasons for doing that.  I do recall feeling proud to take on the Africk family name with my own, particularly because my father in law has been an important mentor and role model. "

So, readers, what say you? Have at it.

COMING TOMORROW: North of the Border, Part Two, and What is the law in Florida concerning what name a candidate is permitted to use on the ballot?

CAPTAIN OUT .......
Captain4Justice@gmail.com

LACTATION ROOM GRAND OPENING .......

THE CAPTAIN REPORTS:

WELL, APPARENTLY IT'S A SLOW NEWS WEEK, SO .......

This and That:

ENQUIRING MINDS WANT TO KNOW? WHERE IS OUR LACTATING ROOM?***

According to a Press Release issued by the 11th Judicial Circuit, there is a big shin dig happening at the Dade County Courthouse on Thursday, September 8th.  Ribbon cutting, dignitaries, food and drink to be served.  The occasion is the opening of a Lactation Room at the courthouse. (We wonder whether Judge Seraphin will be a guest speaker?).

So, paraphrasing Rodney Dangerfield:  "Hey, we get no respect, at the GJB". 

***We received an updated Press Release, which states in part:

 

This project, a joint effort by the County, Miami-Dade FAWL, and the Eleventh Circuit, will be the first lactation room in the Miami-Dade Courts, to be followed in the very near future by the opening of lactation rooms at our other court facilities.

 

“We are very proud to offer this safe, comfortable space for nursing mothers. This room will be especially useful for attorneys and other court participants who often spend many hours here and could really use a quiet space for lactation,” said the Honorable Bertila Soto, Chief Judge of the Eleventh Judicial Circuit.

SO, YOU WANT TO BE A CIRCUIT COURT JUDGE .....

The JNC announces that due to the retirement of Judge Stanford Blake there is an opening on the Circuit Court bench.  Applications to replace Judge Blake are due on September 26, 2016.  Submit your application along with ten copies to:

Daniel Fridman
White & Case LLP
Southeast Financial Center
200 South Biscayne Blvd., Suite 4900
Miami, Florida 33131

SOMEONE WHO IS GETTING RESPECT .......

North of the Border, 33 year old, career prosecutor (8 years to be exact) ASA Jennifer Hilal has been appointed by Governor Scott to an open seat on the Broward County Court bench.  The Sun Sentinel story can be read here.

That's all for your this and that for today.

CAPTAIN OUT .....
Captain4Justice@gmail.com

DEFENSE ATTORNEY SAYS "F --- YOU" TO ALLEGED RAPE VICTIM

THE CAPTAIN REPORTS:

IT JUST KEEPS GETTING WEIRDER AND WEIRDER IN BROWEIRD .....

Defense attorney says "F --- You" to alleged rape victim .....

So, this time, it wasn't a Judge who made the headlines.  Instead, it is longtime criminal defense attorney Herb Cohen, who is at the center of attention in the latest saga to hit North of the Border.  Also part of this fast becoming a soap opera case is ASA Katie Bogenschutz, (she the daughter of famed criminal defense attorney David B), and a cameo appearance by our own Jayne Weintraub.  Sitting on the bench for this one is Judge Michael Rothschild.

The defendant is 69 year old millionaire developer Louis Bianculli who is charged with three counts of Sexual Battery, Familial Victim, age 12-17.  He is represented by Herb Cohen and Jayne Weintraub. While the case was filed in 2015, it appears the allegations stem from 2009; (see case Number 15009445CF10A).  According to news reports, the victim is alleging that she suffered abuse and torture from her stepfather for years starting when she was just 12-years-old.

According to the transcript of a deposition taken of the victim of the alleged rape, here is what we know:

A deposition of the victim took place on June 12th, and during that depo, the following exchange occurred:

"Can you be in the room with me?" Cohen asked
"No," she (the victim) answered. "You're just like Lou, but worse."

How did Cohen respond?  "F--- you," he said. 

Wait, it gets much worse.

The victim was walking out of the room when Cohen mumbled the words under his breath, according to Cohen and Weintraub.

In a hearing before Judge Rothschild, Bogenschutz was having nothing of it.  She told the Judge:

"Let the record reflect that Mr. Cohen said to the witness, and I quote, 'F--- you,'"

Cohen responded:

"I said it under my breath," Cohen said. "Let me tell you something, that comment, this case has turned into such a piece of s---. ... F--- her and all of you people, OK? I'm not a criminal and I'm not a f---ing rapist. You understand? You think I'm going to stand here and take this s---? Well, you're wrong. It's over."

Cohen continued with his berating of the ASA:

"What I've forgotten in this business you will never learn," he said. "And the s--- you learn, you have no clue how to apply, and I'm done taking crap from you. Your witness tells me I look like this rapist, only worse? And that's all OK with you? … I'm not going to stand by and let you cause abuse to me. This is the last straw."

Judge Michael Rothschild sealed the transcript of Cohen's rant and struck it from the record of the case at a hearing two weeks ago.  On Friday, during a status conference on the case, Bogenschutz asked that it be unsealed so she could file a bar complaint against Cohen.

Rothschild also let everyone know his feelings on the matter:

"All the lawyers involved in the Bianculli matter are getting ridiculous, ridiculous -- the most unprofessional case I've had in my four years on the bench," Rothschild said. "The behavior of the lawyers in this case has almost become as terrible as the allegations in this case. And yes, I said that on the record."

You can read the entire story from Local 10 by going here.

CAPTAIN OUT .....
Captain4Justice@gmail.com

CHIEF JUDGE SOTO RE-ELECTED, AND MORE

THE CAPTAIN REPORTS:

LA JEFA JUEZ SOTO .........

Congratulations go out to Judge Bertila Soto as she was elected, unopposed, to a second term as Chief Judge by the Eleventh Judicial Circuit's 123 County and Circuit Court Judges. 

Judge Soto has come a long way from her days as a young ASA when she joined that office in 1989.  She was elected to the County Court bench in 1997 and later appointed to an open seat on the Circuit Court in 2002 by Governor Bush.  She was first elected to the position of Chief Judge in 2013.

YOUR NEXT TWO COUNTY COURT JUDGES .......

Have not yet been chosen.  You still have time to contact Governor Scott's office and weigh in on who should, or should not, be chosen to replace Judge Gladys Perez and Judge Rudy Ruiz for the two open County Court seats.

The Governor has the following names before him:

To replace Perez:

Laura Ann Stuzin
Diana Vizcaino
Gina Beovides
Jonathan Meltz
Karl St Hope Brown
Elijah A. Levitt

To replace Ruiz:

Laura Ann Stuzin
Diana Vizcaino
Gina Beovides
Joseph Mansfield
John William Wylie IV
Alexander Spicola Bokor

The Governor has until April 3rd to make his selections.  If you would like to weigh in on any of the finalists, you can contact Governor Scott's Office of General Counsel at 850-717-9310.

NORTH OF THE BORDER ...........

The JNC got busy with naming a replacement for Judge Giselle Pollack, who recently resigned from the County Court bench.  Today they sent six names to Governor Scott, including:

Nickolaus Hunter Davis
Donald Gelin
Michele McCaul Ricca
Nina Weatherly Di Pietro
Ernest Kollra
Richard A. Sachs

What some may describe as a controversial decision by the JNC, in Broward County (said it ain't so), is the inclusion of Nina Weatherly Di Pietro, on the short list.  It appears that Ms. Di Pietro has the distinction of having been fired from the Broward County Public Defender's Office by Howard Finklestein.  Anyone who has ever served as an APD knows how truly difficult it is to get fired from that job.  The Sun Sentinel covers all of the controversy here and here.

LOVING SOUTH FLORIDA ............

It's March and that means sunny and breezy days living in our tropical paradise with outings to watch international golf at Doral, international tennis on Key Biscayne, and international auto racing on the streets of Biscayne Blvd.  And, of course, every criminal defense lawyer's dream weekend, ULTRA.  Lots of new misdemeanor and third degree possession cases soon to fill your office stockings.

Enjoy the rest of your week.

CAPTAIN OUT .....
Captain4Justice@gmail.com

FREE SPEECH, NORTH OF THE BORDER

BREAKING: EX MIAMI BEACH POLICE OFFICER "FUNNY FACE" DERICK KUILAN, HAS BEEN SENTENCED TO 18 MONTHS FSP.  MIAMI HERALD STORY IS HERE

BREAKING: KEN KUKEC ARRESTED IN KEYS FOR POSSESSION OF COCAINE. KEY'S NET HAS THE STORY HERE. 

BREAKING MIRANDA RE-SENTENCES ALEX MICHAELS-
In a hearing that appeared to many observers to be more contentious than the outcome, Judge Miranda sentenced Alex Michaels to an adjudication, six months probation, 50 community service hours, and 2 hours of CLE in an ethics course. 

Query: The case was on remand from the 3rd DCA. One of two counts of contempt were vacated, as was the original sentence of two days. Did Miranda have authority to increase the sentence, and was this an increased sentence? Take our new poll. 

THE CAPTAIN REPORTS:

FREE SPEECH, NORTH OF THE BORDER  .................

My Mother's Day Facebook post:

"Happy Mothers day to all the crack hoes out there.  It's never too late to tie your tubes, clean up your life and make (a) difference to someone out there that deserves a better mother."

My Facebook post after reading about a 19 year old home invasion suspect who was met with brut force by the residents of the home:

"They should have shot him in the head, anyone that invades another home, in a violent manner should be executed on the spot."

My Facebook post made in the midst of the Donald Sterling controversy:

"Join me in supporting free speech and the right to have your own private opinions kept that way (regardless if you agree with them). Join me in changing your FaceBook profile photo to one of DONALD STERLING!!!."

And finally, my "fast food" Facebook post showing a photo of Associate Justice of the Supreme Court Sonya Sotomayor:

"Reason enough why no country should ever engage in the practice of Affirmative Action again.  This could be the result.  Where would she be if she didn't hit the quota lottery?  Here's a hint. "Would you like to supersize that sir?"

Those four posts are not mine.  They are the posts from Assistant State's Attorney Kenneth Lewis, one of the top prosecutor's in the Orange County (Orlando) State Attorney's Office.

Elected State Attorney Jeff Ashton, (Ashton was the lead prosecutor in the 2011 Casey Anthony trial), in response to the backlash that the posts created has stated: "I am not going to punish someone for what is clearly political speech." 

WFTV's coverage can be found here.

Contrast that to what has been going on in Broweird County recently.  No, it's not what you think - there were no citing's of a Broward County Judge getting arrested this week.

Instead, this time the focus is on the Public Defender's Office; specifically on two Assistant Public Defenders' and one elected PD named "Help Me Howard" Finklestein.

In case you missed it last week, three Israeli teenagers were murdered and in the coverage that followed it was reported that Palestinians were celebrating about the kidnapping and murder of the three teen-age boys.  Someone posted on their FB page about the celebrations. 

APD  Gary Sheres and APD Bruce Raticoff both commented on the article about the Palestinian's celebration.  The comments stated that Palestinians are "filthy swine'' and "cockroaches.''

Sheres wrote: "They are filthy swine they don't eat. Their ignorance to the world bewilders the dumbest people I have ever met."

Raticoff added: "That's why the Palestinian people are considered the cockroaches of the world. Reprehensible and despicable with utter disregard for civility and humanity. Burn them to the ground." 

The Sun Sentinel's coverage can be found here.

Today, after meeting with both attorneys, Finklestein's response was swift and strong.  In the words of Donald Trump, "YOU'RE FIRED".

New Times coverage of the firings can be found here.

So, who was right?

CAPTAIN OUT ........
Captain4Justice@gmail.com

GOT A TICKET?

UPDATES BELOW:

FHP Trooper Paul Lawrence has been arrested for official misconduct (a felony) for writing traffic tickets.

Oh yeah. He was issuing those tickets to people without actually stopping them and giving them the ticket. He was just making the offenses up while using real people with real driver's licenses.

And just last year Trooper Lawrence was voted the Miami Ticket Attorneys' "Trooper of the Year."

What a "Tigeresque" downfall for the fifteen year FHP Veteran. (We're gonna patent that phrase: "Tigeresque downfall". Has a nice ring to it, and something tells us it's going to be used more than once.)

The title of the post links to the Herald story.

UPDATE: A reader writes

Anonymous said...

I was helping a friend who received one of these bogus tickets. He started getting letters from ticket attorneys and couldn't figure out why. He researched it and learned he was "ticketed" without ever being stopped - speeding and no seat belt. When we pulled a copy from the clerk's office, the ticket was obviously unsigned by my friend. Upon further research we learned Trooper Lawrence had given him a legitimate ticket in 2006 at the same location of this new ticket. We had set it for court when it was suddenly dismissed by the SAO. Unbelievable that this guy thought he could get away with this.

Wednesday, February 03, 2010 9:15:00 AM

328 Million?

North of the Border is getting a new 328 million dollar courthouse tower according to the Daily Pulp.

328 million!

For those....$%^#@!s??

We say put em in tents and let them earn their way into a courthouse.

328 million for a group of blacked robed misery merchants to peddle their nastiness in the luxurious splendor of a new courthouse?

We can think of 328 million other deserving groups before they get that money. Spend it on rebuilding Haiti.

Spend it in Kamchatka.

Spend it anywhere but there.

Please.

UPDATE: A reader has a good idea:

Anonymous said...

Why don't they just build a muti billion dollar mega Court house for Miami Dade and Broward right on the boarder say US1 and Bicayne Blvd. Half of the buidling sits in broward and the other half sits in Miami dade.

The cafeteria can be positioned in the center so you can sit across from a broward Judge while he is in broward and you are in dade. County line food fights would be a plus.

Wednesday, February 03, 2010 12:35:00 AM

UPDATE: A "ticket attorney" weighs in:

Many of us 'ticket attorneys' disliked Lawrence even though he did write a lot of tickets and probably got us a lot of business. It was always interesting to me that everyone he pulled over was going at least 25 or more over the limit and never had a seatbelt on. Every speeding ticket had at least one companion; seat belt, registration, window tint, etc.
And he seemed to be the 'poster boy' for hard working troopers at least to some of the hearing officer. They took his word as gospel. It was hard to get a tpr. Lawrence ticket dismissed becuase he had such credibility. Ha!
I hope more hearing officers and judges will realize that just because a trooper is standing there in his snazzy shiny boots, he's not always what he seems.

NOT GUILTY IN BROWARD CAPITAL MURDER CASE

North of the Border, which leads the state in acquittals at trial, just took a torpedo beneath the waterline last Thursday as as defendant accused of the murder, sexual battery, and strangulation of a young woman was acquitted of all charges. 

Yes you read that correct. A capital death penalty murder case. And the defendant was acquitted. Of everything.  Not guilty.  

Only North of the Border. 

The title of the post links to the Sun Sentinel article. 

ASA Shari Tate was the trial prosecutor of this ship as it went down. 

Defense attorneys were Jim Lewis (guilt phase) and Kevin Kulik (penalty phase). 

Perhaps it's time for Mr. Satz to take a look into the budget and find money to hire 

someone who knows what the hell he's doing in investigating and prosecuting death cases. Can you think of anyone we know who might be available for such a job for the next few years? Hint: his name is often misspelled as "Laser".

See you in court. 

BROWARD CLOSED UNTIL MONDAY

A brief question and answer session between a Miami Criminal Defense attorney and Rumpole on the effects of the Broward Courthouse being close.

MCDA(Miami Criminal Defense Attorney): What does this mean for me?

Rumpole: Well for starters you won't get called for a hearing on Friday afternoon and then be forced to wait until the end of calendar before your case is called. 

MCDA: My client was supposed to have a case in court this week. Now what happens?

Rumpole: It depends. If you were scheduled for a bond hearing, then it will be reset in the "Usual Course for Miami Lawyers" which means the last Friday of the month six months from the day it was previously set. 

MCDA: No. My case was for sentencing. 

Rumpole: You will be first up Monday morning. 

MCDA:  I also had a motion to suppress set. 

Rumpole (laughing):  Seriously, are there any other questions I can answer for you?

MCDA: No I guess you've covered it all. 

Rumpole: See you in court. Macs and Galoshes for North Of the Border. 

It's 60 cold degrees at 7:00 PM and the temperature is falling. 

GM says it needs 18 billion to stay in business. They have 66 Billion in debt!!! 66 Billion!!! How does a company get 66 Billion in debt???   Top execs will take $1.00 in pay in 2009 and they will sell their corporate jet. 

Rumpole notes: 1) The execs will still be overpaid. 2) We might need 10-12 million to get by. Congress would surely go for that right? Our car is almost 5 years old. 

Saxby Chambliss appears headed for a win tonight in the Georgia senate race. Chambliss, a politician with such little regard for the truth that six years ago he ran ads against the incumbent Max Cleland, who was in a wheelchair as a triple amputee  as a result of injuries sustained in Vietnam, comparing him with Osama Bin Laden.  Karl Rove (who else) was behind one the most despicable senate races ever.  Chambliss is an embarrassment to American politics.  Any decent politician would shun him and turn their back on him when he enters the room.

BROWARD CLOSED TUESDAY

Good morning. It's 61 degrees at 6:00 AM.  The high today should be in the low 70's. 

FROM THE BROWARD BLOG:

The Courthouse is definitely closed to the public Tuesday.   However, it is open to employees.  Wednesday public closure is highly likely as well.  The North Wing is expected to reopen to the public Thursday, while the old sections of the Courthouse may be closed until at least next week.

The problem, as reported in the papers, is that the main water pipe into the Courthouse burst.  The pipe is located over by Howard Forman's office, which apparently has been destroyed.  Many criminal files from the misdemeanor section of the Clerk's Office were also damaged.

The main problem is due to the fact that the central phone banks were installed next to the water main.  They have been soaked, shorting out all phone service to the Courthouse and the jail.  Smoke alarms running off the phone lines are also a major concern.  By Thursday the phone company may be able to provide roughly 120 lines, 90 of which will be split up between the jail and the Clerk's Office.  The remaining lines are to be split between the State, PD, and possibly the judges.

First Appearances Court is open, and will be the main clearing house for any criminal emergencies that may come up during this second Great Flood. 

One last tidbit - Eileen O'Connor is apparently being assigned to restraining orders, replacing Jack Tuter, who is going to Family.

None of this is official, except the Courthouse being open to employees starting Tuesday.  It's just what we're hearing.

BROWEIRD

Longtime and careful readers of the blog know our deep and abiding affection if not outright love for the courthouse and its denizens north of the border. Not. 

Check out the post on the Broward Blog entitled "Broweird." (the title of the post links to the blog article) 

A statue of Florida Governor Napoleon Bonaparte Broward  stands in the hallway to the entrance to the new wing of the courthouse. Against this bronze behemoth  we have often banged our head in frustration having once again been "browarded" by a judge up there- be it having our client's bond revoked for getting a speeding ticket, or some other Broward nonsense. 

Now, posted on the Broward blog, comes word that ol' Napoleon Broward was....(steady now) an avowed racist.  

Broward judges want to send every client who comes before them to state prison. Napoleon Broward just wanted to send all African Americans to a colony purchased for them for the purposes of keeping the races pure and separate. Since most defendants  Broward Judges send to prison are African American, perhaps the statue is a good thing, as it appears Napoleon Bonaparte Broward is getting his wish, albeit a hundred or so years later than he wanted. 

Why are we not surprised that of all the possible persons significant in the history of Florida and this nation, that the powers that be  north of the border put a statute of a racist in their courthouse?

Of course they named the whole damn county after this racist, so why would anyone be surprised at anything that happens up there? 

See you in court, just not in certain courts, and now you know why. 

THE GREAT FLOOD

Latest Herald article on the "Kuehne sting."
HERE
The Government was using an informant to feed Kuehne phony information that drug money was legitimate. They ought to hang their heads in shame for prosecuting this man.

And God looked upon the earth (and North Of the Border), and, behold, it was corrupt; for all flesh had corrupted his way upon the earth. And God said unto Noah, The end of all flesh is come before me; for the earth is filled with violence through them; and, behold, I will destroy them with the earth.

And, behold, I, even I, do bring a flood of waters upon the earth, to destroy all flesh, wherein is the breath of life, from under heaven; and every thing that is in the earth shall die…

For yet seven days, and I will cause it to rain upon the earth forty days and forty nights; and every living substance that I have made will I destroy from off the face of the earth.And Noah did according unto all that the LORD commanded him.And Noah was six hundred years old when the flood of waters was upon the earth…

And it came to pass after seven days, that the waters of the flood were upon the earth.In the six hundredth year of Noah's life, in the second month, the seventeenth day of the month, the same day were all the fountains of the great deep broken up, and the windows of heaven were opened. And the rain was upon the earth forty days and forty nights…

And the flood was forty days upon the earth; and the waters increased, and bare up the ark, and it was lift up above the earth. And the waters prevailed, and were increased greatly upon the earth; and the ark went upon the face of the waters. And the waters prevailed exceedingly upon the earth; and all the high hills, that were under the whole heaven, were covered…

And all flesh died that moved upon the earth, both of fowl, and of cattle, and of beast, and of every creeping thing that creepeth upon the earth, and every man: All in whose nostrils was the breath of life, of all that was in the dry land, died. And every living substance was destroyed which was upon the face of the ground, both man, and cattle, and the creeping things, and the fowl of the heaven; and they were destroyed from the earth: and Noah only remained alive, and they that were with him in the ark. And the waters prevailed upon the earth an hundred and fifty days.

Book Of Genesis, Chapters 6-7.

Item:
The Broward County Main Courthouse is shut down for the forseeable future, due to an unepxected "great flood".
The Sun Sentinel story is HERE

FUN IN BROWARD WITH RULES TO SHOW CAUSE.

The following post was on the Broward Blog. We thought we'd reprint it here as proof that things are indeed getting better North of the Border........NOT.

My Midsummer Nightmare" by Maury Halperin

Maury Halperin wrote:Attention: criminal defense lawyers/F.Y.I.
Re:scheduling conflicts/contempt/judge Gold.

MY MIDSUMMER NIGHTMARE. NOW PLAYING IN ROOM 6900.

ACT ONE. a couple of months ago, I announced ready on a Gold case and was sent to the pool/trial unit. a few days later, I was called at 11:45 a.m. and told to be in front of Backman at 1:30 p.m. for trial. I told the caller that I had just left the dentist office (having recently broken a tooth), that my mouth was numb, and that I had to go home, change, etc, and may not make it on time. She could not excuse me, so I called Backman's J.A., she could not excuse me, so I did my best and arrived at 2:00 p.m., only to find Backman picking a jury on another case. I went home. few days later Gold issued a rule to show cause why I should not be held in contempt for failure to appear. (rule later dismissed based on above explanation)

ACT TWO.more recently, i announced ready on another Gold case and filed a speedy demand. The case was sent to the pool. On Monday 8/27, I started trial in front of Fogan on an unrelated S.Kaplan case that went into tuesday. The jury retired to deliberate around 5:00 p.m. I then checked my voicemail to find that my Gold speedy case was set for Wednesday, 8/29 in front of Weinstein. I was previously ordered by a federal judge to be in Miami on 8/29 at 8:45 a.m. to start a federal trial. I called Diane from the pool and explained to her my prior commitment. On wednesday, 8/29, I went to Miami. A few days later, I was served with a second rule to show cause why I should not be held in contempt signed by Gold. (rule pending, hearing set for 9/27 at 9:45 a.m.)

ACT THREE.because I did not show on 8/29, the prosecutor scheduled a staus on the case/speedy, for 9/5/ at 9:00 a.m. he gave me notice on 9/4 at 1:00 p.m.I showed up on 9/5/ at 9:15 a.m., after a hearing in O'Connor's courtroom, and the judge was not on the bench yet. (surprise). I had a previous commitment in a federal case in Miami for 11:00 a.m., so I told my client to stay, and when called, to tell the judge I had a previous commitment in Miami, and to please reset the status. Gold illegally removed me from the case over my client's begging to keep me on, (I was an s.p.d), appointed a new s.p.d., and, you guessed it, told me that he will be issuing yet another rule to show cause why I should not be held in contempt. (rule promised and coming to the theatre soon).

can anyone believe this? wouldn't a status to first get the explanation for the non-appearance be the better course? and if not satisfactory, then do a rule?

Thought I should share this with you. obviously, nobody bothered to look at the rules governing conflict. maybe judge Gold's cases get priority over all others, but I cannot find the rule that says that.

Rumpole says: Now you know what its like for us attorneys in Miami to practice North of the Border. Actually when we emerge from a Broward case with a mere Rule to Show Cause, we consider it a victory.

THEY JUST CAN'T HELP THEMSELVES

Is there anything more satisfying these days than being a journalist or blogger and covering the Court North of the Border?

We couldn’t make this up if we tried.

PROBLEM: The Broward Judges are concerned about recent criticism that they are a judiciary out of control and out of touch with the public. The criticism has included that the Broward Court is comprised of an “old boy network" of Judges and lawyers protecting their interlocking interests, the public be damned.

To combat the perception that Judges are “arrogant” and that the Judiciary operates as a secret and exclusive club that does what it wishes- aided and abetted by a small group of lawyers who put them there and financially benefit from the arrangement, the Broward Judiciary formed a Diversity Panel.

What’s the first thing the panel did?

SOLUTION: Book a private room in a swanky restaurant and meet over dinner and drinks with some Bar leaders….IN SECRET.

We kid you not.

When intrepid Daily Business Review Reporter Jordana Mishory found out about the meeting she was barred from entering, and like an abandoned and homeless mongrel, she was left outside with her nose pressed against the window.

DBR Executive Editor Eddie Dominguez wrote a commentary piece that is a must read.

DBR

Dominguez critiques the faulty logic of the Judiciary that in order for Bar leaders to freely speak their mind to Judges, they have to be able to do it in private.

Here is part of what he wrote, and he hit a home run in our humble opinion:

But how does one counter the public’s perception of an insensitive court with closed door discussions?

More important is that Williams’ [ Judge Elijah Williams, who chairs the commission] justification of the secret meeting would endorse the notion that a climate of intimidation and retribution does exist in Broward’s courts and that people are afraid to speak their minds unless they do so in private.

Most startling: if bar leaders can’t express their honest opinions openly, then no one can. That the judges want to operate in a closed environment is no surprise.

A number of Broward judges have demonstrated a penchant for closed proceedings. It is the insular and parochial nature of the courthouse that has helped bolster the belief by many that judges are out of touch, arrogant and not accountable. The reasoning also begs the question of why bar leaders need anonymity and secrecy to do what they were elected to do?

So, to summarize. Our Robed Readers to the North, to combat the notion that their courthouse is a private and clubby enclave of secret meetings in which no public dissent is tolerated, they…..meet……in……a……private…….room…….of……a…..restaurant…….IN SECRET.

Invitation only and Rumpole need not apply.

Well, we can think of many other individuals we would rather break bread with. And knowing the Judiciary’s penchant for drinking on someone else’s tab, we can think of better things we can do with our money. Still, if Jordana Mishory wanted to share an Apple Martini and scintillating conversation with soon to be former Chief Judge Dale Ross, why shouldn’t she be able to do so?

We repeat our oft heard lament: It’s just not fair that our friends to the North have such easy targets to write about. We publicly call upon our own dear robed readers for one of them to protect the honor of Dade and step up to the plate and do something stupid. Quickly.


See You In Court, where it’s boring these days and none of our Judges has managed to put their foot in their mouth recently. But we have hopes.