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