JAABLOG RETURNS SHORTLY

Al Milian on Monday morning, taking the bench for the first time
Al Milian on Monday morning, taking the bench for the first time

TO: ALL JUDGES, JANUARY 12, 2015

Pursuant to Florida Rules of Judicial Administration 2.215(c) the election of Chief Judge for the term July 1, 2015 to June 30, 2017 will take place on Thursday, February 12, 2015 at 12:00 PM in Courtroom 840.  The Chief Judge shall be chosen by a majority of the active circuit and county court judges within the circuit.  All ballots shall be secret.

Nominations for Chief Judge along with two seconds in writing will be accepted by my office from Tuesday, January 13, 2015 through Friday, January 23, 2015 at 4 PM.  These must all be in original hard copy format on letterhead.

The Rules of Judicial Administration prohibit proxy voting.  Therefore, if you (are) unsure that you will be able to be present at this election meeting, absentee ballots will be available in Court Administration Room 880A.  Voting by absentee ballot will be permitted starting Monday, January 26, 2015 until Tuesday, February 10, 2015 at 4 PM.  If no candidate receives a majority of the Circuit and County Court Judges’ votes, then a runoff election between the two judges receiving the highest number of votes will be held Friday, February 20, 2015 in courtroom 840 at 8:30 AM.  At the runoff election the judge who receives the highest number of votes will be elected Chief Judge.  The term for Chief Judge commences July 1, 2015.

If you have any questions regarding the election, please contact this office at x7741.

Thank you.

KATHLEEN PUGH – TRIAL COURT ADMINISTRATOR

IMPERATO UPDATE

We’re told the jury started day two of deliberations a few minutes ago, at roughly 2:25 p.m.   Most of the day was taken up by readbacks.

This one is a real nail biter.  Take a stiff drink to steady your nerves, if you’re so inclined, as Cindy Imperato’s freedom and career must be flashing before her eyes while awaiting the jury’s decision …

SUNDAY NOTES

2014-50-Gen – click the link for Friday’s AO assigning judges.  It should post online Monday.  All changes were predicted, except the civil rotation.  Tuter takes over Streitfeld, Murphy goes to Tuter, and Imperato takes over Murphy.  Rosenthal gets Imperato’s foreclosures division, D. Bailey gets Feren’s family duties, Schulman takes Merrigan’s dependency, Merrigan gets Rosenthal’s old criminal division, which Levenson has been covering since Feig-Rosenthal got busted, Gold goes to Grossman probate, and Contini takes over Gold criminal.  C. Robinson has Richards’ position in south satellite.  Rumor has it there will be more changes after the February CJ election, if Weinstein wins …

Trial!Cindy Imperato stares down a Christmas jury this week, unless a last minute deal has been struck …

Miami Herald: Florida’s chief justice hunts for goof-off judges

Florida You Judge: Peter Weinstein’s act of humility

THURSDAY NOTES

Fred Haddad and Frank Adderley, Thursday
Fred Haddad and Frank Adderley, Thursday

Credit where credit is due - it took a lot of guts for Peter Weinstein to apologize to Nadine Girault Levy, the Chief Assistant Public Defender who has been battling Jay Hurley over the right to representation for defendants accused of municipal ordinances.  According to Nadine, it happened Tuesday, shortly after Weinstein sent his email to the judges blasting Finkelstein for the clown house comments.  The chief judge asked to speak to her, and offered an apology on behalf of himself and all the judges for the way she was treated when things got heated a few weeks ago in First Appearances court.  Weinstein also mentioned he hoped Hurley would offer a mea culpa as well, but Nadine’s not holding her breath.  In any event, check out Bob Norman’s report for all the updates on the municipal ordinances issue, where public exposure once again seems to have gotten the job done …

Coming SoonMore tough talk at Judges’ Night 2014 …

Wa Post: George Will on the overcriminalization of America

WEDNESDAY NOTES

Circuit Criminal Division Meeting - Peter Weinstein addressed the North Wing judges today, and from what we’re hearing, he’s rattled.  Having to deal with the most recent barrage of bad publicity, concurrent with a challenge for the chief judge’s docket-free throne, seems to have him a little out of sorts.

Apparently there was talk of possibly involving the local and State Bars to try to curb Howard Finkelstein’s three ringed criticisms of the 17th Circuit’s performance under Weinstein’s leadership, which is awfully confusing,* seeing as how neither body has any authority over the Public Defender.  In fact, the Broward Bar has no authority over anyone, let alone an elected official, who answers only to the Governor.

From the Florida Bar’s website:

The State Commission on Ethics deals with complaints about misconduct by some elected officials. The Florida Bar does not have jurisdiction to discipline lawyers who occupy constitutionally created positions including judges. The (JQC) investigates allegations of misconduct by judges. The conduct of State Attorneys and elected Public Defenders is overseen by the Governor of Florida. 

And from Florida Bar Assistant Director Public Information Zannah Lyle:

In reference to your question about whether The Florida Bar has the authority to investigate elected public officials, the answer is no.

Even if either body could go after Finkelstein for exercising his free speech rights, would it be wise to do so?  Of course not.  Long time readers will remember large ink spills when the local and State Bars went after JAABLOG, only to end up looking silly.  Imagine how much greater the coverage would be if a local celebrity like the Public Defender was the target?  Additionally, there’s no love lost between the general public and the perennially leader-less Broward judges, who have relentlessly disappointed and embarrassed the community as long as anyone can remember.  The bottom line is Weinstein would be foolish to let this go any further than the letters to the editor column of the DBR, and even then, the chief judge shouldn’t copy the entire judiciary when somebody says something nice about him.

We’re told there was also some discussion relating to the Get to Work! AO at today’s gathering, in advance of the statewide Chief Judges meeting which closes out the week.  Believe it or not, judges were told to make themselves something akin to visible, interpreted by more than one observer as a suggestion for judges to work in court instead of their offices after public duties have concluded for the day.  Granted, this audience was full of hard-working circuit criminal judges, but we’re told the impression was given that face time is now an overriding concern, while terms like work harder, and diligence were never used.  Let’s hope the message is much different for judges in other divisions, particularly those with a reputation for being bone idle.  In the meantime, we’ll have to step up our attendance-taking JAABWALKS, just to make sure the Get to Work! AO is being taken seriously …

(* The Bar talk was also confusing due to the fact Weinstein was observed being extra nice to Finkelstein yesterday, the same day he sent the email to judges complaining about the DBR clown comments)

Mike Lynch for Judge! - the younger Lynch makes it official, filing for the retiring Jack Luzzo’s circuit seat.  The paperwork should post Thursday.  Congrats!

Movement update - Marc Gold is indeed going to Probate, departing Criminal mid-January.  Cindy Imperato’s promotion to Civil may be on hold though, pending the outcome of her DUI trial in Palm Beach next week.  We’re told some judges are mighty upset that Imperato may end up with a coveted assignment basically due to being arrested, which could cost Weinstein some votes come February, making it a wait and see.  There’s also some talk of Jack Tuter taking over for Streitfeld, but that would still leave a nice Civil slot open.  Ongoing …

Coming SoonWhere are Grossman & Feren, and did they have anything to do with the issuance of the Get to Work! AO?; Somebody should tell Peter Weinstein that Ian Richards didn’t actually retire; A tale of a media savvy PD, a media savvy Blog, and a Luddite CJ; Your tax dollars at work – senior judge payouts!

Justice Advocacy Association of Broward