RENIER DIAZ DE LA PORTILLA - YOU ARE OUT OF ORDER .......

THE CAPTAIN REPORTS:

HAS DIAZ DE LA PORTILLA COMMITTED POLITICAL SUICIDE ?????

As previously reported on this Blog last week, in our post entitled SHAME ON YOU RENIER DIAZ DE LA PORTILLA Candidate Renier Diaz de la Portilla crossed so far over the line with the disgusting campaign literature that a PAC connected to him sent out that he may have cost himself any chance of ever becoming a judge, or, if he is elected, he likely guaranteed his removal from office. 

That is because local attorney (and former State Legislator) Juan Carlos “JC” Planas has filed complaints against Diaz de la Portilla with both The Florida Bar and the Judicial Qualifications Commission (JQC). As first reported by the Florida Bulldog, the Complaints accuse Diaz de la Portilla of using a Political Action Committee (PAC), called Proven Leadership, as a “proxy to smear” his opponent, Judge Fred Seraphin. That PAC was originally set up to support Diaz de la Portilla’s older brother, Miami Commissioner Alex Diax de la Portilla.

In the Complaint, Planas alleges that Diaz de la Portilla violated both the Florida Bar’s Rules of Professional Conduct as well as the Canons governing judicial candidates that require candidates to refrain from engaging in inappropriate political activity.

If either the Bar or the JQC find probable cause with the Complaints, the Florida Supreme Court will ultimately determine Diaz de la Portilla’s fate.

In 2018, in a period of just seven days, the Florida Supreme Court removed two sitting judges for campaign violations. Many of our readers will recall when 15th Judicial Circuit Judge Dana Marie Santino was removed from the bench for her attacks on her opponent, when she said things like this: “Attorney Gregg Lerman has made a lot of money trying to free Palm Beach County's worst criminals. Now he's running for judge!"   The JQC report stated “Candidate Santino did not merely compare her background, qualifications, character and integrity with that of her opponent,” the report said. “She imputed guilt to those that were merely accused. She also expressly stated and implied that Lerman was not impartial, was predisposed to favor criminals, while she was predisposed to victims, and courted votes based on each candidate's supposed predisposition.” ARE YOU READING THIS MR. DE LA LIAR.  SOUND FAMILIAR!!!

One week earlier, the Florida Supreme Court removed 7th Judicial Circuit Court Judge Scott DuPont for, what they called “numerous violations of judicial canons, including an allegation that DuPont published false allegations online about his 2016 election challenger, Malcolm Anthony, and Anthony’s family members.”

THE JQC Report found that DuPont “imputed criminality to his opponent’s wife and daughter on his website.”  “He disseminated false and misleading information that Anthony employed aliases, posed as an imposter, and was ‘booked’ for arrest,”.  ARE YOU READING THIS MR. DE LA LIAR.  SOUND FAMILIAR!!!

Why don’t you make it easy on yourself right now by just withdrawing from the campaign so that the most qualified candidate, Judge Fred Seraphin, wins the race, unopposed.

THE LATEST ON THE SAGA OF ATTORNEY BRUCE JACOBS ....... JACOBS CALLS FOR DISBARMENT OF 3RD DCA JUDGES 

Well, like Britney’s song says: “Oops I did it again”.

Today, the 3rd DCA issued SANCTIONS as the result of not one but four Rules To Show Cause against attorney Bruce Jacobs (there were actually seven cases but who’s counting).  Jacobs is back at it accusing the 3rd DCA of, among other things: (The Opinion can be found here).

“It is self-evident that the right to a meaningful hearing is denied when the Court refuses to recuse itself, refuses to follow the law, knowingly deprives homeowners of their property without due process, and then attempts to disbar the lawyer for exercising his first amendment right to expose corruption in the courts. This is not North Korea, Cuba, Russia or some third world country. This is a major city in the United States of America.”

This Court has entered “orders that violate the constitution as Mr. Jacobs’ African American and Jewish clients believe the court below has repeatedly done.” 

 “It is self-evident that . . . [Mr. Jacobs’] clients are not before a fair and impartial tribunal [as] guaranteed by the constitution.”

This Court has created a “shadow body of law that allows banks to commit fraud.”

This court’s issuance of a citation per curiam affirmed opinion in this case constitutes “an abuse of judicial power, an act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice.”

“[There is a problem] when a court has actual knowledge [a party] committed felonies and fraud upon the court, [and] decides to attack the whistleblower attorney who defended against the fraud.” 

“The Judges of the Third DCA should be removed from Mr. Jacobs[’] cases and disbarred for violating the judicial canons, abusing their judicial powers, and knowingly depriving people of

their constitutional rights.”

The list goes on. And on. And on.

The Court issued Sanctions as follows:

1. We formally refer each of these matters to the Florida Bar for appropriate disciplinary proceedings against Bruce Jacobs, Esquire.

2. We award the opposing party, in each of the above proceedings, a reasonable attorney’s fee in an amount not to exceed $5000 (a total maximum amount of $35,0001) for services rendered by counsel for each opposing party in responding to Mr. Jacobs’ post-opinion motions seeking rehearing, rehearing en banc, certification and/or issuance of written opinion. We remand this cause to each of the respective trial courts to fix the amount. Bruce Jacobs, Esq. and Jacobs Legal, PLLC, shall be jointly and severally responsible for payment of the reasonable attorney’s fee.

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

REVENGE OF THE JACOBS (AND JEDI)

 We want to invite you into a world of rancorous hearings and sanction motions and bar complaints and motions to recuse and petty jealousies and rages by Judges sanctioning lawyers (Bruce Jacobs) for raising defenses that plaintiffs were using fraudulent documents. It is a world of sanctions and fees and personal anger at a level never seen in the hallowed (and currently empty) halls of the REGJB. 

It is the world of mortage foreclosure defense.  The brief filed by Bruce Jacobs very competent counsel- David Winker- is troubling to read. Well respected Judges including the Judge de jour- Hanzman- come off looking not so great, threatening lawyers for raising defenses and arguing issues that - it appears to us- they have every right to raise and argue. 

It is world where mortgage foreclosure apparently consumes the litigators and the judiciary; where both plaintiff and defense counsel come to view their roles as avengers, and in which both sides have been repeatedly sanctioned and disciplined. It is a world where different appellate districts have taken vastly different views of the law and the practice of foreclosure defense, in which some districts buy whole heartedly the defense theories of fraud and robo-signing of documents, and other districts- notably the 3rd DCA- go so far as to sanction lawyers for advancing those defenses. 

It is a world in which Bruce Jacobs was forced to dig deep into himself, exploring his spirituality to sustain him through increasingly dark times. And it is a world in which Bruce Jacobs repeatedly defended homeowners pro bono, and stared down banks worth billions, forcing them to abandon mortgage foreclosure actions rather than respond to discovery orders. It is a world where Bruce Jacobs won a federal law suit vindicating his theories of fraud on the courts, and it is a world in which Hawaii was considering hiring Bruce Jacobs because of his fearsome advocacy, until well funded lobbyists, fearful of his lawyering, poisoned the well. 

It is a world we want no part of. The rancor and hatred and personal animosity that has apparently split both the bar and judiciary down the middle shocks us.  Give us a good death penalty case rather than the mean-spirited acrimony of foreclosure actions. 

Read the brief and decide for yourself. 

Initial Brief on Merits (1) by Anonymous PbHV4H on Scribd

FLORIDA BAR MOVES TO SUSPEND BRUCE JACOBS ON EMERGENCY BASIS

 Some days/weeks are busier than others at the best legal blog in the United States. This is one of those busy weeks. 

As your favourite judges and ours flock to their favourite watering holes  and bend a black robe covered elbow trying to erase the thought of a person ambling up to the window at 11:59 am on Friday and filing to run against him, we have a crack team of reporters sniffing out who is filing, who is not, and who is changing their name to the Miami Dolphins First round draft pick tonight. 

Meanwhile, in another story we have been following, the ups and downs and foreclosures and forbearances of Bruce "The Bank Banger" Jacobs, the Florida Bar (Motto "We never met a lawyer we liked") moved in the Florida Supreme Court on Wednesday for an Emergency Suspension of Mr. Jacobs for having multiple ethics complaints pending. 

We do not envy Mr. Jacobs. The Bar is like Dracula*, they can pass you by and not bat an eye, but once they set their sights on you, they are as blood-thirsty as a night-dwelling Transylvanian and can be as angry as a swarm of Alex Michaelses attacking prosecutors. 

Multiple ethics violations. What to do? It reminds us of what the great Sy Gaer would often say when the state moved to revoke his client's bond for a second or third arrest: "If that is not the clearest indication of a pattern of police harassment judge, I don't know what is." We give that one as a freebie to Mr. Jacobs learned Bar Counsel defender. 

2022-559 Petition 80029 Petition2dsuspension2028emergency29 by Anonymous PbHV4H on Scribd

 

The Bar: " The Florida Bar also moves to suspend the license of one Horace Rumpole, notorious and cantankerous blogger of Miami for calling the Florida Bar Dracula."

Court: "Why do we have to hold this hearing at night after sunset?"

BRUCE JACOBS CATCHES 3 MONTH SUSPENSION

 Miami Lawyer Bruce Jacobs, known for his "Alex Michaels" way of litigating foreclosure defense cases, received a recommendation from County Court Judge Betsy Zane-Alvarez that he be suspended for three months and receive two years of probation.  The recommendation is a clear win for Jacobs and his lawyers Ben Kuehne and Roy Wasson as the Bar had sought a multi-year suspension for the controversial lawyer. 

Jacobs was facing three complaints- two from the Third DCA (Motto "Be NICE...to us") and one from Civil Judge Michael Hanzman who filed his complaint with the Bar while the two Third DCA complaints were already being litigated: “In sum, Mr. Jacobs is unrepentant, undeterred, and continues to engage in the exact same behavior he was sanctioned for and which is now presumably being investigated by the bar.”                                            (Rumpole practice tip: Don't F with Judge Hanzman). 

Jacobs made a multitude of disparaging comments about our beloved Third DCA, including allegations that the Third DCA ignored Florida Supreme Court precedent,  violated standards of review, and that its decisions were so antithetical to the Constitution as to be traitorous and could constitute treason (but he did say the coffee in the attorney lounge at the Third was decent). 

The Rumanian Mumble it is not, see Michaels v. Loftus, 139 So. 3d 324, 327–28 (Fla. 3d DCA 2014) (The Romanian Mumble:  Mr. Michaels' use of foul language, however, is another matter. On this charge, Mr. Michaels admitted that while extending his hand toward Mr. Von Zamft, he mumbled the words “futos gutos monte” at him. Tr. 97. The trial court immediately knew or gleaned from Mr. Michaels' scornfulness that the words meant “F* *k You.” Mr. Michaels confirmed the trial judge's interpretation of the words during colloquy at the contempt hearing held a few hours later.) 

But as you can see from Judge Alvarez-Zane's painstakingly detailed order, Jacobs said and wrote a lot of stuff lawyers who aren't alleging election fraud shouldn't say. 

So here is the big question: Will the Florida Supreme Court affirm the punishment or will they increase it?

The Florida Bar v. Bruce Jacobs — Report of the Referee — Supreme Court of Florida by HR on Scribd

 

 

This story was originally reported by the DBR which is where we got the order from. 

NOW THIS IS AN "ORDER TO SHOW CAUSE" WORTH READING .....

THE CAPTAIN REPORTS:

THIS GUY HAS COJONES .......

Attorney Bruce Jacobs has a lot of balls, and they may become Schweddy Balls, (SNL Season 24, Episode 9, December 12, 1998; starring Alec Baldwin long before he starred as Donald Trump), if the 3^rd DCA has anything to say about it.

Jacobs has been an attorney for 21 years, beginning his career as a Miami Dade prosecutor in 1997. He now heads a foreclosure defense firm here in Miami and as he boldly says on his web page, "he has dedicated his practice to helping David fight Goliath." If you tune into 880-AM on your radio dial on Wednesday evenings from 5-6 PM you can catch his radio show called "Debt Warriors".

Jacobs has a reputation for not backing down to anybody, and that includes the judges on the Third District Court of Appeal.

Last week, the 3^rd DCA issued an opinion in the case of Aquasol Condominium v HSBC Bank, 3D17-352. Jacobs represents the Appellant Aquasol. You can read the full opinion by going here:

The Opinion by the 3^rd was actually an ORDER TO SHOW CAUSE ordering attorney Jacobs to show cause why the court should not impose sanctions for filing a motion and briefs that violate the Florida Rules of Appellate Procedure and Rules Regulating the Florida Bar.

I won’t go into the background of the case as this is a criminal blog, but the language the opinion cited that is attributed to Mr. Jacobs is definitely worth the read.

In Jacobs Motion For Rehearing and Rehearing en Banc, Jacobs says:

"Most disturbing, the opinion sends the wolves after Aquasol’s counsel personally by commending the trial court’s ‘patience’ for not holding him in contempt of court. Truthfully, no court should dare make the front page of the paper for jailing an attorney for asking about a false document in evidence. This Court’s opinion intentionally emboldens judges to abuse their contempt powers."

"This Court’s insistence on ignoring established Florida Supreme Court law to benefit bad corporate citizens is certain to cause chaos."

"Fla. Stat. § 673.3011 controls enforcement of negotiable instruments, not mortgages. Ownership controls the right to enforce the mortgage. This Court is acting illegally by instructing the law is otherwise."

Jacobs eventually reaches the CONCLUSION portion of his Motion, which the 3^rd describes as "a desultory diatribe", where Jacobs says, among other things:

"I have faith that this David v. Goliath battle will end justly. I deeply reject that I should be held in contempt for standing up for homeowners against a corrupt foreclosure system. This is not Russia or North Korea."

"My ancestors on my mother’s side trace back to the tribe of Kohanim, the priests of the temple in Jerusalem. My father’s ancestors trace back to the tribe of Levi, who assisted the priests of the temple in Jerusalem. My ancestors were the first refugees. They have stood up to injustice and abuse throughout history."

Moving on from Jacobs "painful childhood, his wife and children, the nature of his law practice, and how he became a "student of the [foreclosure] crisis", Jacobs goes on to say in his Motion:

"I refuse to accept the idea that you cannot win when you are right. This is a biblical, spiritual journey for me. I have faith I will be protected because I am acting so clearly within the law and this Honorable Court is not."

"..... This foreclosure crisis was such an interesting phenomenon. Courts kept covering up for Banks that were intentionally doing it wrong."

"Banks have all the resources to do it right but made business decisions to do it fraudulently. It’s as if they knew the Courts would always let them get away with it. Some out of fear as elected officials. Some out of indifference. Some out of belief that banks and bad corporate citizens got them to their position and they are on that team. The banks should always win. I call those judges traitors to the constitution."

" ..... The judges decide the rule of law, and whether any rule of law exists. Maybe the rule of law only applies to the rest of us."

"This Court is sworn to protect and defend the constitution of the United States of America, not the foreclosure fraud of Bank of America or HSBC."

"Why would anyone sworn to protect and defend the constitution stay silent while domestic enemies destroy our democracy from within? Is this really the world Americans should live in where those in power do not do what is right?"

Jacobs closes with these two doozies:

"I’m fighting the modern-day monopoly. I am calling all the patriots who swore the oath to protect and defend the Constitution to join me. Any court that protects the monopoly over the rule of law is a traitor to the constitution and should be tried for treason."

"This Court should not ignore Florida Supreme Court precedent and the actual facts of the dispute to reach a pre-determined result of blow the dogwhistle for judges to attack Aquasol’s counsel with contempt and jail for doing his job."  (All emphasis is that of the Court’s).

Jacobs response to the Order to Show Cause is due by tomorrow.

Give Jacobs credit for standing up for the little guy and for fighting the good fight for something he believes in so strongly. Sounds like what many of our criminal defense attorneys in the Public Defender’s Office, Regional Counsel, and the private bar are doing on a daily basis. But maybe they are arguing their positions just a wee bit differently.

Have a great weekend.

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