WILLIAMS v GROSSMAN

UPDATE: JURY CONVICTS DEFENDANT IN CASE BEFORE JUDGE GLICK.
This is the case that took several years to bring to trial because of allegations that the defendant engaged in tactics to delay the case by firing his lawyers. He was convicted after 2 hours of deliberation for murdering a 5 year old girl. The penalty phase is next.


We really didn't do justice yesterday to the dust up in Broward County. The memos that flew between Judge Grossman and Judge Williams are printed in their entirety on the Broward Blog.

BACKGROUND
Former Chief Judge Dale Ross (isn't it great to read that? It was fun to write it.) formed a diversity commission and asked Judge Elijah Williams to chair the commission. Judge Williams was the first african american male Judge appointed in Broward in over 20 years. Williams agreed, so long as he had complete discretion to run the commission as he saw fit. As he wrote in his memo to Judge Grossman, he told Judge Ross he was not "going to carry the white man's water" and was going to be looking at the diversity issue "from a different prospective."

As the Commission began it's duties, it utilized the services of Alexandra Rieman (General Counsel to the 17th Judicial Circuit- talk about having your hands full lately), Carol Ortman (Court Administrator of the 17th Judicial Circuit- ditto) and Florida Commission on Human Relations commissioner Shahrukh Dhanji.

So far so good.

Recently it appears Judge Williams and his staff, in conjunction with various "ethnic Broward Bar Associations" had been meeting and researching the idea of the Commission receiving and adjudicating complaints.

Enter Judge "Not on my watch" Grossman, who at the time was acting Chief Judge of the 17th Judicial Circuit as Judge Ross was in the hospital getting an experimental "Ethics transplant." (Latest word is that unfortunately it didn't take.)

Grossman - without informing Chairman Judge Williams met with and dismissed Rieman and Ortman because Judge Grossman concluded, unilaterally and by fiat that the Commission did not have the authority to hear and resolve complaints. Judge Grossman also struck down plans that the Commission had for more diversity training for Broward County Judges because- we are not making it up- the Judges were in compliance and didn't need any more training.

Judge Williams received the memo from Grossman after returning to his chambers from the recent vote on the new chief judge.

Judge Williams started his memo to Judge Grossman admitting he was "more than angry" at learining of Judge Grossman's actions. Williams made reference to the 1952 Ralph Ellison Novel "Invisible Man" which is a novel about the struggle of Black Americans in the US. "I am invisible, you understand, because people simply refuse to see me."

The memo is just brilliant and you really need to go to the Broward Blog to read it in its entirety. But here are our favourite parts:

"For you to have arbitrarily removed Ms. Rieman as the Board's legal advisor without first speaking to me, is disrespectful. [To worsen matters, you must have known that tomorrow evening the Board was scheduled to review the proposed plans of the various ethnic Bar Associations, and Ms. Rieman's presence was clearly indispensable.]


I find it incomprehensible that at a time when every other Judicial Circuit in the State of Florida is being mandated to provide additional diversity training in 2007-largely due to the inappropriate comments of Judges in our Seventeenth Judicial Circuit - you have concluded that our circuit has complied and needs no additional training this calendar year.


More astonishing is you inference that there are matters involving the Diversity Board that do not have a significant impact on this Circuit. I strongly disagree....I say this as the first black male judge to be appointed to Broward's Circuit Bench in over two decades.

Nevertheless since you obviously know more about diversity issues than I, I have no choice but to tender my resignation....


Rumpole says: This is great stuff. It uncovers and brings to light the crude and careless manner that Judges In Broward have run their courthouse and courtrooms. Bravo to Judge Williams for not being intimidated and for not letting Judge Grossman have his way with a Commission he has no business meddling in.

One wonders just what Judge Grossman was afraid of?

Why did he feel it necessary to emasculate the Diversity Board during his brief unelected tenure as a stand in chief judge? Judge Grossman had a mandate to do one thing- not screw anything up. And of course, being a Judge North of the Border, he could not successfully complete his mission.

The more you think about it, the more unseemly this whole episode is. Grossman really had no mandate or authority to do anything involving the Diversity Board. It was as if this was one last ditch effort by Ross from the hospital to cover-up and keep a lid on things North of the Border.

Grossman needs to be called to account for his actions. Just what emergency forced him to act by himself and start firing members of the Board?
Why didn't Grossman consult with the Chairman of the Board and fellow judge Elijah Williams?

These questions need to be answered. They should not be allowed to wither on the vine and die. We have caught a Judge covering something up for reasons that are not yet clear.

Time, pressure, and demanding answers to questions can start the process of changing things for good in Broward. New Chief Judge Victor Tobin has an opportunity to quickly show all of us that things will be different. Lets see if he is up to the task.

A good start would be re-instating the members of the Board that Grossman fired, along with a written apology to Williams, and a request that he resume his role as chairman of a much needed Board.

We will be watching along with our brother bloggers in Broward.

WHO WAS THAT MASKED MAN II?

We received an email from a Judge. Can you tell who wrote it? Play for valuable prizes. We'll post the answer with a surprise tomorrow.

I had something interesting happen last friday as I entered the hallway to 524 on the 5th floor. Two Metro cops were exiting as I was entering, so I didn't need to enter the security code. I was attired in my standard civilian judicial garb, very long hair, jeans, no tie and sandals. One of the cops who closely resembled Gorilla Monsoon, said to me in a rather unfriendly tone. "You don't belong here" I replied "Why not?" He goes, "This is a restricted area" I go "Then why is my name on this door"? ... Wow, talk about a guy with a harpoon stuck thru his chest. It reminded me when years back, Carney was driving into the bldg. and his car rode over some grass, some cop said "Hey asshole". Carney rolled down his window and replied, "That's Judge asshole to you".

Rumpole says: We love the anecdote about the late Judge Carney. That was just like him, wasn't it?

Good Monday morning, today is the first day of summer and the longest day of the year. It would have to fall on a Monday, huh? Good luck to all of you labouring in the REGJB for truth and justice. Today is a travel day for Rumpole, but we will monitor the comments and get them up as soon as possible.

SERIOUS BROWARD PROBLEMS:

This is on the JAAB Broward as a re-post attributed to the

South Florida Times:

Including the circuit and county courts, there are 90 judges in Broward County. Of that total, there are only five blacks (there are six Hispanics). Seventy-nine judges are white. Of that total, 47 are Jewish. In your wildest imagination, do you see any way for that disparity to afford equity for people of African descent?

Suddenly, a pack of Jewish lawyers and prosecutors has decided to bankroll some of their group to run against all the black judges on the Aug. 24 primary ballot. Jewish “friends” of the black community plead that they are aghast at what’s happening, and profess their continued support for the retention of black judges.

Hey, you’d better wake up, black people. You know darn well what someone says before they vote, and what they do when they actually vote, could be two different things. Keep on trusting what other people tell you they will do as opposed to what you need to do for yourself, and you will forever be victimized by other people’s self interests."

Rumpole: these are dangerous words. Yet they reveal feelings that run deep. And since the facts support the sentiments that the article expresses, this must be discussed. Why is every African-American judge who was up for re-election this year in Broward challenged? Why was Circuit Judge Elijah Williams, who is a good a judge as you will ever come across challenged? You may remember Judge Williams spectacular resignation from Chief Judge Dale Ross's Diversity Committee, which we reported here, and in which Judge Williams famously stated "he would no longer carry the white man's water." You will also recall that Judge Williams donates a portion of his judicial salary to charitable organizations in Fort Lauderdale.

All in all the situation in Broward stinks to high hell. One way to address this matter is for lawyers in Dade who care about the judiciary to financially support those Judges in Broward like Elijah Williams who should never have received opposition.

Yes, you read that right. Rumpole is advocating on behalf of some Broward Judges.

And you thought you had seen everything.

NEWS

Several sources confirm that John Thornton is now Judge John Thornton.

Congratulations!

Explosions in NYC this evening on 34th and Lexington appear to be a steam pipe explosion and "not terrorist related." What a shame that we live in a time where that has to be said.

BROWARD DIVERSITY COMMISSION NO LONGER DIVERSIFIEDJudge Elijah Williams resigns from the commission: "I will not be carrying the white man's water..."

The Herald REPORTS

Judge Elijah H. Williams -- the first black judge to be appointed to the Broward bench in 20 years -- resigned Tuesday as the chair of the court's recently created diversity board, accusing the county's chief judge of interfering with the board's mission.
The resignation comes one day after a new chief judge was elected in an effort to restore a sense of dignity to the bench, whose judges have come under scrutiny for a series of insensitive remarks.
In a hand-delivered letter to acting Chief Judge Mel Grossman, Williams angrily denounced Grossman for a meeting he had with diversity board lawyers without his knowledge.

...

Chief Judge Dale Ross created a diversity board, a four-member committee charged with raising cultural sensitivity on the bench. Ross is recovering from hip surgery, with Grossman serving in his stead during his recovery.

In a strongly-worded response, Williams said he should have been included in the meeting and that Ross had given the board ``carte blanche authority to field diversity complaints, etc.''
'. . . I made it clear to Chief Judge Ross that I would not be `carrying the white man's water,' '' Williams wrote in the letter to Grossman. ``More importantly, I told the chief judge that I would look at these issues from a different perspective and he agreed not to control, hinder or influence me in any manner.''

Rumpole says: not a very promising start for the administration of new chief Judge Tobin. Say what you want, but give Judge Williams credit for speaking his mind.

Do we have a diversity commission in Dade?

Do we need one?

Does anybody carry anyone else's water in Dade?

I thought I saw one Judge carrying a Cafe Con Leche to another Judge's chambers the other day, but does that count?

See you in Court. Plus a substantial reward to any attorney who gives Judge Williams a silver bucket to commemorate his brave remarks.

SNAFU

UPDATE- RUMPOLE BACKS DOWN. SEE BELOW.

Despite the Eyjafjallajokull Volcano in Iceland and a constant downpour as we write this Sunday night, court will be open for business Monday morning.

JUDGE THORNTON

Very quietly Judge John Thornton has been elevated to an Associate Administrative Judge for the criminal division under the Judge Soto Administration. While Judge Thornton lacks judicial seniority, he has been a lawyer labouring in the Justice Building probably from the time Carter was President. That is to say that his has the courthouse and courtroom experience of decades, and the gravitas to handle the job. We think Judge Soto has chosen wisely.

What exactly does an associate administrative judge do anyway? Is s/he the one responsible for putting up the shutters when a hurricane approaches? Is s/he the one responsible for the donuts and coffee at the weekly judges meeting (and do they even have those?).

JUDICIAL ELECTIONS

We're 11 days and counting from the close of the filing period for those of you who want to wear a black robe and all of the sudden become funnier, smarter, and more popular (at least in your own mind.)

UPDATE:- Rumpole backs down)

So far three judges in Dade have opposition; Judges Adrian (135 and counting) Newman (Dade PD Manny Alvarez) and Seff (some lawyer from South Dade with 5.000001 years of experience, or something like that.)

Rumpole says: I realized due to complaints in the comments section that the term I used to characterize Judge Seff's opponent was offensive to women, and that was not what I intended, so I have removed it and I apologize. I still think she should go to Judge Adrien's race, where I would support her.

Meanwhile North of the Border every judge has opposition, even those not up for re-election. Seriously, a record of at least 17 Judges have opposition, the latest being Circuit Judge Elijah Williams. We have been in front of Judge Williams in the past and we cannot think of a Judge more worthy not to have opposition. Besides being outspoken against the prior administration of Judge Ross - who can forget his memorable quote of not wanting to be seen "carrying the white man's water" ?- Judge Williams is just a good judge. Sensible, fair, wise; everything Judges in his community are not known for. And we haven't even gotten to the part where he donates a portion of his salary to certain organizations in the community.

It's total madness in Broward, which is to say SNAFU (which is a GI acronym from WWII which starts- Situation Normal. All F'd Up.)

And it's strangely quiet in Dade. The question is, will it last?

See You In Court, closing our Mac.

THE EMPIRE STRIKES BACK

(a Sith)



You didn’t think the high lord SITH


Acting Chief Judge “Darth” Grossman was going to just sit back and take that devastating memo from Judge Elijah “Luke” Williams, did you?

Neither did we.

Here is Judge Grossman’s reply memo, replete with reasonable sounding explanations for his actions.

MEMO

Apparently the Broward Diversity Board met last evening with Darth Grossman acting as “Charles in Charge.” (We’ve got to stop mixing our popular culture metaphors. Its just that so many apply here.)

First off, Darth Grossman decided that since maybe a little more diversity training for the Judges North of the Border wouldn’t be so bad after all, especially since the cost will be minimal. We have always said it doesn’t cost a plug nickel to act ethically.

Then Darth Grossman turned his attention to Judge Williams.

He wrote a memo explaining the innocent nature of his meddling in the Diversity Board.

But then, being a High Lord Dark Sith, he could just not resist taking one more shot at the man he embarrassed:

The memo concludes with this little dig:

“I hope that you would reconsider your resignation as you did at Judge Ross’ request the last time you resigned as Chair some months ago.

Sincerely,

Darth Grossman
Acting Chief Judge until they pry that title and gavel from my cold hands.”


Rumpole says: At times we often feel a need to resort to technical legal language to adequately display out feelings in a professional manner. This is one of those times:

What a jerk!

Does that really sound like the words of a wise, honest, and compassionate jurist?

Just what did Darth Grossman think he was accomplishing with that last line? First he usurps the authority of Judge Williams. Then he unilaterally decides not to allow the Diversity Board to implement the judicial training and complaint process that Judge Williams and the Board members were working so hard to create. And finally, after being blistered in public for his actions that offended everyone, he fires back at Judge Williams and tries to humiliate him.

The Broward Blog published the link to these memos first. Good for them. That is how you have to deal with bullies. You shine the cold harsh light of truth and publicity on them, and make them try and act in their bully and demeaning ways with everyone watching.

See You In Court.

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.