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

JQC SPEAKS ..... JUDGE DAVID MILLER LISTENS .....

THE CAPTAIN REPORTS:

HERE COME THE JUDGE, HERE COME THE JUDGE ......

JUDGE DAVID MILLER AND THE JQC:

Judge David Miller, who has been on the Circuit Court bench for the past 20 years, found himself in the cross hairs of the JQC recently.  Today the JQC issued their Findings and reported them to the Florida Supreme Court for their review and determination as to whether they will accept the Recommendations.

From the FINDINGS AND RECOMMENDATION OF DISCIPLINE: (the entire nine page Report can be found here).

“On the afternoon of January 17, 2020, Judge Miller was presiding over a lengthy tobacco-related civil trial. After resumption from an extended lunch break, the trial proceedings were interrupted continuously by loud noise from the public lobby outside of Judge Miller's courtroom. The source of the sound was a result of many people congregating and not promptly disbursing from the public lobby at the conclusion of Judge William Altfield's investiture ceremony, which had occurred in the ceremonial courtroom on the same floor.”

“Judge Miller instructed his court Bailiff to go out and try to quiet the people in the lobby. When that was unsuccessful, Judge Miller sent the Court Clerk and his Bailiff back into the lobby. That too was unsuccessful.”  “Judge Miller stepped down from the bench wearing his robe and proceeded into the lobby accompanied by his Bailiff. Several witnesses, including judges and lawyers, observed Judge Miller to be "yelling," and waving his arms at the people in the lobby while trying to get them be quiet.”

“While trying to quiet the groups of people in the lobby, Judge Miller observed one person shaking her head while looking at him. Judge Miller believed she was telling him, "no," indicating that she would not cooperate with his attempt to quiet the crowd. Responding to what he believed was contemptuous behavior, Judge Miller approached the individual and shouted, "Do not shake your head at me." Judge Miller then twice threatened the person with contempt, demanding to know, "Do you want to be held in contempt?" When the person answered that "no" she did not want to be held in contempt, Judge Miller continued to question the individual asking her name and whether she was employed in the Courthouse, before going back into his courtroom.”

“In this Stipulation Judge Miller admits that his conduct as alleged in the Notice of Formal Charges and outlined above was inappropriate, and should not have occurred.”  “Because Judge Miller's conduct, including his inappropriate threat of contempt, plainly fell below the high standard of conduct required by the Canons and this Court, the Commission finds and recommends that the interests of justice will be well served by a public reprimand of Judge Miller.”

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

THE CAPTAIN REPORTS:

BROWARD = BROWEIRD ....
ANOTHER JUDGE BITES THE DUST .......

You just can’t make this stuff up folks. Broward Judge John Contini resigned on July 6, 2018. Contini became an attorney in 1983 and he joined the Broward State Attorney’s Office where he spent four years. For the next 27 years he ran a criminal defense practice in Broward. He was elected to a six year term and took the bench in January of 2015. Ten months after he took the bench, Contini was already facing his first JQC investigation.

In November of 2015, the JQC filed charges alleging that Contini provided one-sided assistance to defense lawyers by emailing an assistant public defender with tips on writing motions for reduced sentences. They additionally charged that he acted unprofessionally when prosecutors complained about it.

Contini admitted to the allegations and apologized for his actions toward several attorneys, defendants, investigators and victims. In November of 2016, the Florida Supreme Court decided that Contini should receive a public reprimand and they also required him to deliver in person a written apology to the assistant attorney general whose court filing Contini called a "lie from the pit of hell".

Fast forward to 2018, and without warning, Contini resigned two weeks ago. This week, the JQC filed their newest charges against the now former judge. In their 157 page filing, they charge Judge Contini with, among other things:

1. On numerous occasions, you have instructed your JA to create dockets of fictitious cases or hearings on particular days of the week on which you planned to be absent from the courthouse. Your fabrication of these dockets was designed to create the impression that you were present in the Courthouse, when in fact, you were not.

3. On some days when you were absent from the Courthouse during regular business hours, you instructed your JA to email court business to you ... you also instructed her to lie and say you were in trial or unavailable to conduct hearings.

6. You inappropriately require your JA to perform personal tasks for you before, during, and after regular business hours ... including to: pay your personal bills and manage your personal finances; make personal travel arrangements; proofread and edit a manuscript for you; ....

The list goes on for a total of 11 counts. You can read all 157 pages by clicking on the link here:

Take the time to read some of the fascinating emails between the judge and his JA contained in the exhibits.

Best of luck to our colleague David Rothman who is representing the former judge.

FURTHER NORTH OF THE BORDER .....

So, you’re pregnant, and you are scheduled to give birth during the next trial setting. Your previous pregnancy resulted in you delivering a preemie six weeks early. You file a Motion for Continuance of the Trial Date and opposing counsel objects. That hearing played out in the courtroom of civil court Judge Cymonie Rowe, 15^th Judicial Circuit, in Palm Beach County last month.

The contestants: Plaintiff’s attorney Paul Reid of the law firm Shook, Hardy, and Bacon. He apparently represents an injured worker. Defense attorney Christen Luikart of the law firm Murphy Anderson represents defendant Genie Industries.

It was recently in the news that the Florida Supreme Court was considering a proposed rule that, if passed, would require judges to grant motions for continuance for parental leave, barring exceptional circumstances. This hearing may accelerate those plans to decide whether a formal rule is actually needed.

The entire transcript is attached and can be read by going here:

The relevant portion of the arguments for and against the MTC are contained on pages 58-70 of the transcript.

NOTE: After Reid repeatedly objected and argued the same point over and over again, the judge had had enough, and she Granted the Motion.

Have any of our readers experienced a similar situation where opposing counsel was objecting on similar grounds?  Anyone have an experience where a judge they were before was maybe reluctant to grant a continuance on similar grounds?

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

BAD DAY FOR JUDGE MILLAN AND JUDGE ORITZ; GOOD DAY FOR JUDGE FAJARDO ORSHAN .....

THE CAPTAIN REPORTS:

BREAKING NEWS ..... AND IT'S NOT GOOD NEWS FOR EITHER JUDGE STEPHEN MILLAN NOR JUDGE MARIA ORTIZ

The Florida Supreme Court does not take Friday's off.  Today they issued two rulings, one each affecting the future of Judge Millan and Judge Ortiz.  For very different reasons each judge has faced an Investigative Panel of the JQC.  Both judges woes have been well documented on this Blog, on Ortiz here, and on Millan here and here.

JUDGE STEPHEN MILLAN:

The Florida Supreme Court issued an Order today rejecting the proposed Sanctions against Judge Stephen Millan.

On May 21, 2018, Judge Krista Marx, on behalf of the Investigative Panel of the JQC, issued the following recommendation:

"... the Investigative Panel of the Commission recommends to the Court that Judge Millan be suspended without pay for a period of 30-days, that he receive a public reprimand, and that he pay a $5,000 fine, to cover the administrative costs of providing judicial coverage during his suspension."

The Florida Supreme Court weighed in today stating:

"Upon consideration of the Judicial Qualifications Commission’s Findings and Recommendation of Discipline and the parties’ Stipulation, the Court rejects the Stipulation and disapproves the proposed sanctions.

We remand for further proceedings to include a full hearing before the Judicial Qualifications Commission in order to fully develop the facts regarding any misconduct that occurred, so that the Court, in determining the appropriate discipline, will be apprised of all the facts and circumstances bearing on the alleged violations."

JUDGE MARIA ORTIZ:

The Florida Supreme Court issued an Order today rejecting the proposed Sanctions against Judge Maria Ortiz.

On May 4, 2018, Judge Krista Marx, on behalf of the Investigative Panel of the JQC, issued the following recommendation:

"... the Investigative Panel of the Commission submits to the Court, that a public reprimand and a fine of $5,000 are sufficient to address Judge Ortiz’s conduct, and likewise serves as a reminder to all judges about the importance of monitoring their personal finances, and accurate reporting on their financial disclosures."

The Florida Supreme Court weighed in today stating:

"Upon consideration of the Judicial Qualifications Commission’s Findings and Recommendation of Discipline and the parties’ Stipulation, the Court rejects the Stipulation and disapproves the proposed sanctions.

We remand for further proceedings to include a full hearing before the Judicial Qualifications Commission in order to fully develop the facts regarding any misconduct that occurred, so that the Court, in determining the appropriate discipline, will be apprised of all the facts and circumstances bearing on the alleged violations."

IN OTHER NEWS .....

Congratulation to Judge Ariana Fajardo Orshan who got the phone call she had been waiting for.  Pres. Trump yesterday nominated her to become the next U.S. Attorney for the Southern District of Florida.  Judge Fajardo Orshan is a graduate of Nova Law. Directly out of law school in 1996, she became an ASA and worked for KFR for six years before joining a family law firm where she spent the next nine years. In 2012, Gov. Scott appointed her to the Circuit Court. She then won a six year term in 2014 unopposed.  The nomination is subject to Senate confirmation.

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

BREAKING NEWS ... JUDGE JACQUELINE SCHWARTZ RESIGNS ....

UPDATE: THE BEST FU EVER



Everything in life comes down to the Odd Couple. 
THE CAPTAIN REPORTS:

BREAKING NEWS ..... JUDGE JACQUELINE SCHWARTZ HAS RESIGNED* .....

In a surprising move, Miami-Dade County Court Judge Jacqueline Schwartz informed Governor Scott that she is resigning from the bench.  Rather than face continued scrutiny by the Florida Supreme Court, and an ongoing investigation by the JQC, which is in the midst of its inquiry into her most recent actions while on, and off, the bench, Schwartz chose to end the case, and her judicial career.

Judge Schwartz had a colorful history while serving on the bench in Miami-Dade County.

Schwartz became an attorney in 1992 and joined Yale Galanter's law firm as an associate.  After spending two years there, she broke out on her own for the next eight years.

In 2002 she announced for Group 19 of the County Court.  Her opponent, Eric Hendon.  In the September 2002 primary, she defeated Hendon 121,453 - 115,568.  She then ran, unopposed, for reelection in 2008.

In 2014, Schwartz drew two opponents: Frank Bocanegra and Rachel Dooley.  Schwartz garnered over 49% of the vote in the primary but Bocanegra forced her into a runoff.  In the runoff, Schwartz retained her seat by a 58% - 42% margin.

It was on election night 2014, November 4th, that the proverbial sh-t began to hit the fan.  On that night, her campaign manager  provided a statement to a Herald reporter, on behalf of Judge Schwartz, which stated:

 ..... that the voters seemed to have "gone past the days when any nondescript Hispanic could go on the ballot and defeat any Anglo sitting judge" .....

The statement was not well received.

Schwartz began her apology tour by issuing the following statement:

"I fully understand my comments could readily been seen as offensive to the community, something I never intended and that pains me greatly... I should have never issued the post-election statement that has, understandably, caused so much concern. I retract the statement completely"

Schwartz also appeared before the CABA Board of Directors to personally apologize for her comments.

Her problems didn't end there.  They actually began several months earlier in June of 2014.  You see, it was during that hotly contested 2014 campaign against Bocanegra and Dooley that Schwartz noticed a oversized campaign sign outside a Kwik Stop store in Miami.  Schwartz, not particularly caring for the fact that the Kwik Stop decided to support her opponent, went inside the store and confronted the store's owner.   Schwartz got into an argument with the owner, Firas Hussain, and eventually told him to "Go F--k yourself" and then threatened to sue him.

After the election, in February of 2015, the JQC filed formal charges against Schwartz for her conduct at the Kwik Stop store.  Schwartz and her attorney reached an agreement with the JQC whereby she would issue a written apology and be publicly reprimanded before the Florida Supreme Court.

But, the Florida Supreme Court rejected that resolution.  Finally, in April of 2015, Schwartz agreed to not only issuing the formal letter of apology, and the public reprimand, but also to a 30 day suspension and a fine of $10,000.  The public reprimand took place on December 9, 2015.  It didn't take long for Schwartz to step out of line yet again.

On March 18, 2016, at the Ergon Greek Restaurant, Schwartz was “acting in an irrational and disorderly manner,” slurring and spilling wine, according to a report. Miami paramedics and police were called to the scene and she told them they “couldn’t do anything” to her because she is a judge.  She continued her tirade:  “You are a f---ing idiot, you don’t know who I am,” she yelled at a waiter after she was refused more alcohol, according to a state investigative report.  The report also quoted the judge calling police officers “pigs” when they were summoned to the restaurant to investigate.

Ten days later, on March 28th, while sitting on the bench, according to a JQC Report on the matter:

“Court personnel, litigants and police officers waiting to testify observed that you were unsteady on your feet, slurring your words and unable to concentrate,”.  Chief Judge Bertila Soto ordered she go home. Schwartz insisted she could drive herself, but her bailiff ultimately took her. The investigation revealed that she could not remember her own address.

The JQC opened their newest investigation into Judge Schwartz' latest antics on April 18th, issuing new formal charges.  The following day, on April 19th, the Florida Supreme Court issued an emergency Order that stated, in part: 

"Judge Jacqueline Schwartz is hereby immediately suspended from office with pay pending disposition of this proceeding. The parties shall file simultaneous responses as to why Judge Schwartz should not be suspended without pay pending disposition of this proceeding"

On June 30, 2016, the Florida Supreme Court issued a new ruling, stating:

"Having considered the parties' responses and the applicable law, the suspension of Judge Schwartz shall remain with pay pending disposition of this proceeding".

Surprisingly, Schwartz chose to resign rather than continue her battle to retain her job.  She was represented throughout the JQC proceedings by attorney Jeffrey Feiler.

So, now, the JNC will begin the process of accepting applications, interviewing attorneys, and sending names up to Governor Scott who will eventually name her replacement.

*The resignation is effective as of July 31, 2016.

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

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

Read more here: http://www.miamiherald.com/news/local/community/miami-dade/article72521987.html#storylink=cpy

CAMPAIGN 2016 ..... NEW FILING IN CIRCUIT COURT

THE CAPTAIN REPORTS:

UPDATED:

Your next County Court Judge .....

The JNC has met and narrowed the list of applicants for our next County Court Judge.  We posted on November 25th the names of the 23 applicants which you can find here.

The JNC will be interviewing 16 of those applicants on December 14th:

2:00 p.m. Elijah A. Levitt
2:15 p.m. Griska Mena Rodriguez
2:30 p.m. Karl S.H. Brown
2:45 p.m. Luis Perez-Medina
3:15 p.m. Alexander Spicola Bokor
3:30 p.m. Paul Aiello
3:45 p.m. Gina Beovides
4:00 p.m. Joseph J. Mansfield
4:30 p.m. Ramiro C. Areces
4:45 p.m. Norman Powell
5:00 p.m. Julie H. Nelson
5:10 p.m. Peter S. Heller
5:35 p.m. Gordon C. Murray, Sr.
5:45 p.m. John W. Wylie
5:55 p.m. Jonathan Meltz
6:05 p.m. David Alschuler
 

ELECTION CENTRAL 2016 ....... UPDATE

The number of candidates running for Judge will be growing by one sometime this afternoon when attorney Antonio G. Jimenez's papers are filed with the Division of Elections in Tallahassee.  Jimenez will be running, at least for now, in Group 34, an open seat due to the retirement of Judge Gill Freeman.

Mr. Jimenez has been a member of The Florida Bar for nine years.  He served in the U.S. Navy for five years, went to law school at Stetson and then joined the Miami-Dade SAO.  He spent two years there gaining trial experience before going private.  He has been in private practice for the past seven years.  He has two web sites: duimiami.com and jimenezlegal.com.  He is a member of the Florida Traffic Court Rules Committee.

The races are beginning to get very crowded and we still have five months until the filing deadline of May 6, 2016.

There are currently four contested races in Circuit Court:

Group 9: 

Incumbent Jason Bloch v. Marcia Del Rey

Group 34:  (open seat)

Renee Gordon v. Denise Martinez-Scanziani v. Luis Perez-Medina v. Antonio G. Jimenez

Group 52: (open seat; Judge Michael Genden retiring)

Jodie Breece v. Elena Ortega-Tauler v. Raul A. Perez-Ceballos v. Oscar Rodriguez-Fonts

Group 66:

Incumbent Robert Luck v. Yolly Roberson

Also, Group 39 is an open seat due to the retirement of Judge Jorge Rodriguez-Chomat.  Currently David Young is the only candidate that has filed for that open seat.

There is currently one contested race in County Court:

Group 5:

Incumbent Judge Fred Seraphin has not filed yet, but presumably he will do so.  He already has opposition in Milena Abreu.

Group 7:

Incumbent Judge Ed Newman v. Lizzet Martinez

NORTH OF THE BORDER .......

Yet another Broward Judge is in hot water.  This time it is Judge John Patrick Contini, Circuit Court Judge in the Criminal Division.  What did the Honorable Judge do?  Well, it appears he sent a private email, on his personal email account, to an Assistant Public Defender that regularly appeared before him.  Judge Contini had obtained a well written Downward Departure Sentencing Order from a Judge in Palm Beach County.  Contini thought that it would be a great idea for the APD to read it and adopt it to his cases, where appropriate.  The email was circulated around the PD's office and one APD sent the email to an ASA, and well, you can write the rest of the story for yourself.

Suffice it to say that State Attorney Mike Satz moved for Judge Contini to remove himself from a whole bunch of criminal cases; the judge denied the motion; the issue went up to the 4th DCA, and Contini, to add fuel to the fire, decided to spit in the face of the pit ASAs on several occasions subsequent to the issue going to the 4th.  The JQC report called this conduct by Judge Contini, "discourteous, impatient, and undignified conduct."

Here is "one" of the worst parts of the JQC Report:

"During the course of the State's appeal, a stay was placed on hundreds of cases in your Division.  As a result, many of the cases before your division were effectively frozen, and defendants who were incarcerated had to remain behind bars because you were unable to make any rulings or determinations in their case."

Contini is charged with violating no less than 16 different Canons of the Code of Judicial Conduct.

You can read the entire 71 page JQC's Notice of Formal Charges Report here:
 

CAPTAIN OUT .......
Captain4Justice@gamil.com

THE FLORIDA LEGISLATURE IS NOW IN SESSION

THE CAPTAIN REPORTS:

OYEZ OYEZ OYEZ, THE FLORIDA LEGISLATURE IS NOW IN SESSION .....

Today begins the annual migration to Tallahassee for the 160 elected legislators, (120 in the House and 40 in the Senate) as the two chambers decide how many more laws they can pass in just 60 days.  The Spring Session of the 2015 Legislature begins with the banging of the gavel at 10:00 AM this morning.  The House and Senate go into a joint session for Governor Scott's State of the State at 11:00 AM.  The Spring Session is scheduled to end on Friday, May 1st.

During the next 60 days, your elected leaders will consider dozens of bills that could have a direct affect on the criminal justice system.  Here is just a sampling:

HB 0001 Relating to Texting While Driving

Revises penalties for violations of Florida Ban on Texting While Driving Law; provides enhanced penalties for such violations when committed in school zone or school crossing; removes requirement that specified provisions be enforced as secondary action.

HB 0009 Relating to Use Of Wireless Comm. Device While Operating a Motor Vehicle

Provides that vehicular manslaughter includes causing death of human being or unborn child while operating motor vehicle & using wireless communications device.

SB 0090 Relating to Jury Composition

Requiring a 12-member jury for life felony cases, etc.

HB 0121 Relating to Employment of Felons

Provides corporate income tax credit for employment of person previously convicted of felony;

HB 0131 Relating to Use of Intercepted Wire or Oral Communications as Evidence

Creates exception to prohibition on use of intercepted wire or oral communications as evidence for prosecutions for acts of sexual abuse involving certain minor victims.

SB 0134 Relating to Lifetime Electronic Monitoring of Sex Offenders

Establishing the lifetime electronic monitoring program within the Department of Law Enforcement; requiring the implementation of an electronic monitoring system to monitor sex offenders sentenced to lifetime electronic monitoring;

HB 0139 Relating to Sentencing in Capital Felonies

Requires that advisory sentence of death be made by unanimous recommendation of jury after defendant's conviction or adjudication of guilt;

HB 0195 Relating to Prosecution of Juveniles

Revises age-based criteria & offenses for which discretionary direct file of information against child may be made in adult court; prohibits filing of information on child otherwise eligible if it is child's first offense unless there are compelling reasons;

HB 0235 Relating to Restitution

Requires child's parent or guardian, in addition to child, to make restitution for damage or loss caused by child's offense;

HB 0267 Relating to Confidential Informants

Requires law enforcement agency that uses confidential informants to adopt policies & procedures providing reasonable protective measures & requires agencies to refer certain prospective & current informants to substance abuse prevention or treatment;

SB 0276 Relating to Arrest Booking Photographs

Prohibiting a person who publishes or disseminates an arrest booking photograph through a publicly accessible print or electronic medium from soliciting or accepting payment of a fee or other consideration to remove, correct, or modify such photograph;

HB 0289 Relating to Boating Under the Influence

Provides that conviction for BUI be recorded in person's driving record; provides that convictions for BUI are considered prior convictions for DUI; provides that conviction for BUI be reported to DHSMV; provides that convictions for DUI are considered prior convictions for BUI.

SB 0440 Relating to Contraband Forfeiture

Requiring that seizure or forfeiture of property be incidental to an arrest under the Florida Contraband Forfeiture Act, etc.

SB 0444 Relating to Prosecution Of Juveniles

Revising the age-based criteria and the offenses for which the discretionary direct file of an information against a child may be made in adult court; prohibiting the filing of an information on a child otherwise eligible if it is the child’s first offense unless there are compelling reasons,

SB 1176 Relating to Recreational Marijuana

Renaming the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation; creating provisions relating to recreational marijuana; exempting certain activities involving marijuana from use and possession offenses; authorizing persons age 21 and over to engage in certain activities involving personal use of marijuana in limited amounts;

SB 1192 Relating to Penalties For Driving Under The Influence

Providing that a court may order a transdermal monitor device or treatment program, or both, in lieu of an ignition interlock device

HB 4019 Relating to Use of Force

Deletes provisions specifying that person has no duty to retreat & has right to stand his or her ground & meet force with force in certain circumstances.

If you would like to track any of these bills, you can go here and view the history of the bill.

NORTH OF THE BORDER .....

You may recall that some of Broward County's robed ones have recently been reported to have had a drinking problem.  One of them, Circuit Court Judge Cynthia Imperato, was found guilty of DUI last December following her trial in Palm Beach County.  In that case, she was sentenced to One Year of Probation with twenty days of House Arrest.  This was Imperato's second DUI as she was previously convicted in 1988.

Now, the JQC is recommending a 20 day unpaid suspension, a public reprimand, a $5,000 fine, and alcohol treatment.  Judge Imperato has agreed to the recommended penalties.  Now it is up to the Florida Supreme Court to decide whether to accept the stipulation.

The DBR covers the entire saga here.

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

JQC - JUDGE ANA MARIA PANDO

THE CAPTAIN REPORTS:

JQC - JUDGE PANDO - NOTICE OF FORMAL CHARGES .......

County Court Judge Ana Maria Pando has been formally notified by the Florida Supreme Court today, through notice to her attorney Robert Josefsberg, that the Investigative Panel of the Florida Judicial Qualifications Commission has determined that probable cause exists for formal proceedings to be "instituted against you to inquire into charges based on allegations that you violated, Canons 1, 2A, 3B(1), 3B(5), 3E(1) and 5G of the Code of Judicial Conduct."

Notably, they are considering her prior conduct:

In paragraph seven of the Notice of Formal Charges, it states that: "The Florida Supreme Court previously reprimanded you. In re Pando, 903 So. 2d 902 (Fla. 2005). In that case, you stipulated that you knowingly or recklessly accepted improper campaign contributions. The fact and the timing of the campaign contributions by Mr. Cereceda through his corporate entities, coupled with your actions on behalf of Mr. Cereceda, give the appearance of impropriety."

The Notice concludes by stating:

"These acts, if they occurred as alleged, would impair the confidence of the citizens of this State in the integrity of the judicial system and in you as a judge; would constitute a violation of the Preamble and Canons of the Code of Judicial Conduct; would constitute conduct unbecoming a member of the judiciary; would demonstrate your unfitness to hold the office of judge; and would warrant discipline, including, but not limited to, your removal from office and/or any other appropriate discipline recommended by the Florida Judicial Qualifications Commission."




The Notice of Formal Charges can be found here:


http://www.floridasupremecourt.org/pub_info/summaries/briefs/12/12-521/Filed_03-19-2012_Notice_Formal_Charges.pdf




Judge Pando is running for re-election in Group 10 of the County Court. Soon after this matter became public she drew opposition from attorney Diana Elizabeth Gonzalez who has been a practicing attorney in Florida for less than eight years.


Now let the process take its course. Judge Pando has 20 days to respond.

In other news, the JNC announced today that they are accepting applications for those wishing to replace Judge Maxine Cohen Lando. Deadline is April 18th.



Captain Out .....