FLORIDA SUPREME COURT DISCIPLINES FIVE MIAMI-DADE JUDGES .......

THE CAPTAIN REPORTS:

THE FLORIDA SUPREME COURT SPEAKS .......

INQUIRY CONCERNING A JUDGE NO. 18-572
RE: CINDY LEDERMAN, MARCIA CABALLERO,
ROSA FIGAROLA, TERESA POOLER, MAVEL RUIZ.

"In this case, we review the findings, conclusions, and recommendations of the Judicial Qualifications Commission (JQC) concerning Judge Cindy Lederman, Judge Marcia Caballero, Judge Rosa Figarola, Judge Teresa Pooler, and Judge Mavel Ruiz (the respondents). We further review the stipulation entered into between the respondents and the JQC. We have jurisdiction. See art. V, § 12, Fla. Const.

As we explain below (see attached ORDER), we approve the parties’ stipulation that during a competitive procurement process, the respondents improperly submitted a letter to the Florida Department of Children and Families (DCF), encouraging DCF to award a contract to a particular vendor. Moreover, we approve the JQC’s finding that this misconduct violated Canons 1, 2, and 4 of the Code of Judicial Conduct, and we also approve the stipulated discipline of a written reprimand via publication of this written opinion."

YOUR TWO NEWEST JUSTICES OF THE FLORIDA SUPREME COURT .....

Will have to wait. Governor DeSantis, according to the Florida Constitution, had 60 days to appoint two justices from the nine names as recommended by the FSC JNC as the result of the resignations of Justice Barbara Lagoa and Justice Robert Luck. One of the two named must reside in the 3^rd DCA (noted by the *). The deadline to name the two justices was on Monday, March 23, 2020. Governor DeSantis has announced that he is just a little bit busy with more important matters and the court is functioning just fine with its five current justices. Here are the finalists:

*John Couriel

Renatha Francis
Jonathan Gerber
Jamie Grosshans
*Norma Lindsey
Timothy Osterhaus
*Eliot Pedrosa
Lori Rowe
Meredith Sasso

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

Meanwhile, the JNC for our local 11^th Judicial Circuit did go ahead and interview by telephone conference last Thursday all 16 applicants for the two open Circuit Court seats resulting from the retirements of Judges Jacqueline Hogan Scola and John Schlesinger. The 12 names sent to Governor DeSantis include:

Jason Bloch

Raul Antonio Cuervo
Christopher Green
Kevin Hellmann
Chiaka Ihekwaba
Zachary James
Scott Janowitz
Lody Jean
Joseph Mansfield
Marie Elizabeth Mato
Melissa Damian Visconti
Craig Weissberg


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

FIVE MIAMI DADE JUDGES CHARGED BY JQC .......

THE CAPTAIN REPORTS:

THE JQC VS. FIVE MIAMI DADE JUDGES .....

Intrepid Miami Herald reporter David Ovalle, recently returned from climbing Mount Kilimanjaro, breaks the story.

The JQC filed formal charges against five Miami-Dade Circuit Court Judges, including: (the FSC Docket can be found here).

Judge Cindy Lederman (Retired), represented by James Blecke
Judge Rosa Figarola, represented by David Rothman
Judge Marcia Caballero, represented by Joseph DeMaria
Judge Teresa Pooler, represented by Andrew Berman
Judge Mavel Ruiz, represented by Brian Tannebaum

All five judges were, at the time of the allegations, assigned to the Unified Children’s Court. According to the factual findings of the JQC:

"The Florida Department of Children and Families ("DCF") routinely contracts with private companies to administer its programs throughout the state. In some instances, these contracts are worth millions of dollars." ... "In March of 2018, DCF initiated a competitive procurement process to award the contract to become the "Lead Agency for Community Based-Care for the Southern Region of Florida-Dade and Monroe Counties" ("Lead Agency")." ... "The competitive procurement process used to select a Lead Agency, known as an Invitation to Negotiate ("ITN"), requires companies to submit proposals to DCF who then selects which company should receive the contract." ...

"The contract was potentially worth upwards of $500 million dollars, over five years."

"In March 2018, when DCF began the ITN process, a non-profit business called Our Kids of Miami-Dade and Monroe, Inc ("Our Kids, Inc.") held the contract, and had served as Lead Agency for the last several years. Only two companies participated in the ITN: Our Kids, Inc, and Citrus Health Network, Inc (also a non-profit corporation)."

The JQC learned that, the five charged judges (along with Judge Maria Sampedro-Iglesia and GM Steven Lieberman), signed a letter authored by Judge Lederman, written to the Department of Children and Family Services (DCF), suggesting or implying that Our Kids, Inc. "is the favored provider of the 11th Judicial Circuit, and that the court will work only with Our Kids, Inc.".

Judge Sampedro-Iglesia resigned on April 28, 2019 and was not part of the JQC inquiry.  GM Steve Lieberman was not part of the inquiry as the JQC has no enforcement authority over General Magistrates.

The JQC and all five judges have filed a Stipulation with the Florida Supreme Court where all of the judges have admitted to the violations charged by the JQC. While there are several Canons charged, (the Investigative Panel determined that probable cause existed that the Respondents had violated Canons 1, 2A, 2B, 4A(1), 4A(2), 4A(5), and 4A(6) the Florida Code of Judicial Conduct.), the gist of the violations is that the judges were advocating for one vendor (Our Kids, Inc) over another and using the prestige of their positions to do so.

The FINDINGS AND RECOMMENDATIONS OF DISCIPLINE (which can be found here) stated the recommended penalty for all five judges as follows:

"The Commission therefore finds and recommends that the interests of justice will be well served by a written public reprimand of the Respondents by publication of an opinion."

Now it is up to the Florida Supreme Court to decide whether to accept the Findings and Recommendations filed by the JQC.

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

RUMPOLE ADDS THIS COMMENT RECEIVED WHICH IS RELEVANT:

Anonymous said...

Let's not go nuts here. This appears to have been a well meaning "whoops" moment. The judges are humans too.

"the Commission believes it is important to note [in] its findings that the Respondents[] were not motivated by any corrupt intent or design. The Commission believes that the intent was to protect the interest of the children and families served by DCF."

See page 8 of the Findings and Recommendations of Discipline. https://efactssc-public.flcourts.org/casedocuments/2019/1377/2019-1377_miscdoc_354669_findings202620recommendation.pdf

JUDGE FLEUR LOBREE, THIRD TIME'S A CHARM .......

THE CAPTAIN REPORTS:

IF AT FIRST YOU DON’T SUCCEED, TRY, TRY AGAIN .......

Can you say roller coaster ride. If you are Fleur Lobree, you must be on top of the world right about now.

Our loyal Blog readers know that she has been a member of The Florida Bar for 26 years. She spent most of her time in the Appellate Division of the State Attorney's Office where she became a highly respected appellate attorney. Then she decided to throw her hat into the JNC interview process.

By all accounts, it went really well. I say that because she made it to the Governor's desk on her first try, for an open County Court seat, in 2011. In fact, Lobree was Governor Scott’s first judicial appointment in Miami-Dade County. Of course, getting appointed to an open seat means you have to run in the next scheduled election. So, now County Court Judge Lobree needed to win with the voters. She was hoping, of course, to draw no opposition, and earn a full six year term on the County bench.

No such luck. With a name like Fleur Lobree, she was easy pickin’. Attorney Michele Alvarez Barakat filed against "Incumbent" Judge Lobree and proceeded to trounce her on election day. And we are not just talking trounce. We are talking Jaguars v Dolphins playoff game trounce; (62-7 if my memory serves me correctly). Lobree lost in the most lobsided judicial election (involving an Incumbent that lost) in Miami-Dade County history. The final score: Barakat 71% and Lobree 29%.

The story gets better. The Lobree v. Barakat contest was playing out during the summer election season of 2012. At the same time, there came an open seat on the Circuit Court bench. Lobree is no dummy, and realizing she was in the midst of a hotly contested election to retain her seat, and that she "could" lose, she applied for the open Circuit Court seat.

Another interview with the JNC came calling, and they still loved her. That’s because her name was again chosen and sent to Governor Scott. By the time Scott conducted the interviews of the six finalists, Lobree had already lost the August 2012 election to Barakat. She was scheduled to hand over her gavel on January 2, 2013 and return to the practice of law. Amazingly, Scott again chose Lobree and this time Lobree was named a Circuit Court Judge. So, in an amazing twist of events, the voters voted her out of a County Court seat whilst at the same time the Governor promoted her to a Circuit Court seat.

So, with her new Circuit Court gavel, she was back in business by March of 2013, after taking an unpaid 60 day vacation. This time, everyone warned Lobree. With that name, she needed to start campaigning early and she needed to start raising money early. Whatever she did, it didn’t work. Since getting her Circuit Court appointment in March of 2013, in a period of one year, she raised only $17,500 from 86 contributors. She did pluck down $100,000 of her own money in November/December of 2013.

Meanwhile, attorney Mavel Ruiz, who had made her intentions known about running for a Circuit Court seat, waited and watched as Qualifying Week played out. First, Ruiz filed for Circuit Court in Group 27, in September of 2013. In October of 2013, Ruiz jumped out of Group 27 and into Group 58. Ruiz jumped ship again, and on April 18, 2014, she switched to Group 70. Finally, at 10:52 AM on the final day of qualifying, she jumped into a new race. This time, she filed against now Circuit Court Judge Fleur Lobree.

In August of 2014, the voters spoke once again. This time Lobree ran a much closer race, but Mavel Ruiz beat Lobree by 54% to 46%.

Back to the State Attorney’s Office Appellate Division one more time for Ms. Lobree. She once again bided her time, and when 3^rd DCA judges began leaving in droves, (first it was the resignations of Judge Leslie Rothenberg and Judge Richard Suarez; then it was Judges Barbara Lagoa and Robert Luck moving on up to the Supreme Court), Lobree applied for all of those open seats.

The 3^rd DCA JNC sent Lobree’s name up (along with Judge Gordo) and eventual nominees Judges Hendon and Bronwyn Miller to Governor Scott. When Lobree did not get the nod from Governor Scott this time around, she didn’t give up still. She applied to the JNC again and once again her name went up this time for Lagoa and Luck’s seats.

Finally, last Thursday, April 25, 2019, Judge Fleur Lobree became a Judge for the third time. All three appointments, to County Court, Circuit Court, and now the 3^rd DCA, came without her ever winning before the voters of Miami-Dade County.

Judge Lobree is by all accounts very intelligent and highly respected in appellate circles. Judge Lobree has proven the old adage - if at first you don’t succeed, try, try again. We wish her the best this time around - as the proverb says: "third time's a charm". 

IN OTHER COURTHOUSE NEWS .....

The 11^th Circuit JNC has met and sent twelve names to Governor DeSantis to replace recently named Circuit Court Judges Michelle Alvarez Barakat (how ironic that Alvarez Barkat gets named to the Circuit Court four weeks before Lobree getting named to the 3^rd) and Tanya Brinkley. Your next two County Court Judges will come from the following list of names:

Karl S. Brown
Elsa Maria Fernandez
Peter Heller
Zachary James
Scott Janowitz
Arya Attari Li
Steven Lieberman
Jonathan Meltz
Griska Mena
Julie Harris Nelson
Christopher Pracitto
Stephanie Silver

The Governor will name the two replacements within the next 60 days.

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