Relax....not in Miami. Surprisingly, not in Broweird, but we could give you a list....
Nope. This ASA said this about the community he helps protect:
"a melting pot of third-world miscreants and ghetto thugs" and a "national embarrassment."
And was promptly suspended from his office.
Drum roll please...
It's ASA Kenneth Lewis of Orlando and the Orange County SAO.
A Nova Law grad. In the Bar since 1992. May we suggest a change of venue? And perhaps a year off somewhere clearing his head.
Nice.
Not.
The story is here. And all over twitter.
Query: Where are his First Amendment Rights to say what he feels about an issue?
See You In Court.
Like judges, prosecutors lose some of their First Amendment protections by taking their employment. The appearance of impropriety, just like actual impropriety, impugns the integrity of the Judicial branch. Similarly it is the appearance of bias, not just actual bias, that restricts the First Amendment rights of a person employed as a prosecutor. That's why every prosecutor's office has the right to concern itself with what their employees say and do.
ReplyDeleteThat being said, it appears that this man has actual bias in his heart. He was on "probation" for previous comments and repeated his rants against the citizens his office represents and prosecutes. That directly affects his office and any discretion he maintains as a prosecutor, and therefore he should be fired.
The dude doesn't give up his 1st amendment rights by becoming an ASA. Enough of the PC bs.
ReplyDeleteThe error in this prosecutor's Facebook post is the use of the word "void" when he should be using "devoid". Instead of sensitivity training, classes, he should take English and writing courses.
ReplyDeleteFirst Amendment prevents government from infringing upon your right to say what you feel; it does not shield you from consequences.
ReplyDeleteThis ASA may say whatever he feels without fear of imprisonment or civil fine. His employer, however, may fire him for it.
What is it about Nova Law School graduates? Broweird is the way it is, in part, due to the incestuous nature of the local bar and its connection to this fourth rate (according to U.S. News & World Reports annual rankings of law schools) law school.
ReplyDeleteTo 3:05:05 - Go ahead and try it. Kathy will shoot you down in a heartbeat. Hope your resume is well written but don't expect a rec.
ReplyDeleteWhat First Amendment rights?
ReplyDeleteYou are an employee. You happen to work at the pleasure of the elected State Attorney. Except for dumping you for illegal reasons [race, religion, gender] you have to make sure the doorknob does not get stuck in your ass on the way out.
No tenure, no contract, nothing!!
Connick v. Myers, 461 U.S. 138 (1983) limits First Amendment rights of prosecutor.
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ReplyDeleteJust now leaving a late dinner at one of best steakhouses in Northern California after attending an epic game seven. They were pricey seats but well worth the experience. Hey, you only live once and you can't take it with you.
So Rump, can't wait to hear you comment on what a loser Lebron is now. Eat your words buddy. Triple double in game seven; done only twice in history in a game seven. Back from 3-1 down. First time in history. Win on the road in game seven. Hadn't happened in over 40 years. Three time finals MVP; only MJ has more. Six straight finals appearances and three rings.
Keep up the hating? Give the man the respect he deserves. Who's the real MVP of the league? Was there really any doubt.
His biggest problem is he's an adult using Facebook. It's meant for teenagers. Any adult ranting on Facebook is a loser. Does he also have a MySpace account. Get a life
ReplyDeleteSteph Curry and the Warriors CHOKED! Who would have thought that when they were up 3-1, they would lose 4 in a row?
ReplyDeleteAs for the Orlando ASA, I've lived in Orlando and he's correct.
What is up with female ASAs asking male defense attorneys to lend their suit jackets? Three times now in the past 5 days different prosecutors asked to wear my jacket in court -- and I witnessed at least 2 others ask other guys for the same.
ReplyDeleteIt's strange to take the podium in shirtsleeves, but it would be un-gentlemanly to refuse, wouldn't it? Besides, some of these young ASAs are sexy and flirtatious.
In a stunning decision related directly to the viability of Terry v. Ohio, in Utah v. Strieff, SCOTUS overturns the Utah Supreme Court on the attenuation issue based upon Brown v. ILL 422 US 590 (1975) and Segura v. US, 468 US 796 (1984) . Although the majority agreed the stop was unconstitutional, they ruled that there was attenuation between the police misconduct (the stop) and the search, which resulted in the the discovery of the drugs, i.e. the discovery of the warrant.
ReplyDeleteBad stop results in discovery of warrant, that leads to drugs. The logic of the application of Segura escapes me. How the discovery directly related to the stop is the same as obtaining a warrant on an affidavit that did not include the information obtained from the illegal entry and search prior to the warrant. Of course Thomas wrote, so . . . .
Court finds that the officer's misconduct does not rise to the level of suppression. He stopped the guy in hopes of discovering a warrant, that he is why he ran a request for wants and warrants. Just another flanking movement against Terry. More disguised "good faith" or shall we say "lack of bad faith".
Breyer surprises me.
Big celebration at the Ren a venue. Alligator steaks with pomodore sauce and medallions of deer tenderloin with a smoky truffle pate seasoned with Thai herbs. For dessert, apple meringue pie or chocolate chili eclairs. And all the Tsing Tao beer you want for $2 a bottle. Go Lebron and Cavs at the Ren!
ReplyDeleteCongratulations Nova Law School. You sure know how to pick them.
ReplyDeleteThe man works for someone who depends on the votes of those same people to stay in his position. It is therefore a "political" position and "correctness" is required to maintain it. He has every right to say what he wants without criminal or civil consequences however what he says may jeopardize his boss's employment and consequently his. Not everybody is a Republican party primary voter. A lot of people judge others qualification for public jobs by the stupid moronic things they say.
ReplyDeleteYou were pretty lonely if you were at The Ren a Venue, since the joint is no longer jumping on Sunset any longer. Closed.
ReplyDeleteAnd now he's been fired.
ReplyDelete