Hungover young lawyers and older ones needing a caffeine boost no longer have to scramble across SE 6th St for a cup of decent coffee. The rotunda where Napoleon Broward made his final stand is now home to the above-pictured kiosk. Whether it was the County Commission or Jack Tuter who finally ended the coffee drought … Thank You!
“God has truly blessed me with an amazing support system. Last night at Riverside Hotel, Harold Pryor and Michael Satz held a fundraising event in my honor. To everyone who continues to show their support, please know I offer my deepest gratitude. Thank you.”— Bobby DuBose
“The Broward State Attorney’s Office is quite familiar with death penalty convictions being reversed by the courts, because Broward County, under the leadership of lead prosecutor Michael Satz, leads the State of Florida in death penalty case reversals. Many times, these reversals are due to prosecutorial misconduct and overreaching,” wrote Melisa McNeill, chief assistant public defender, and Tamara Curtis, assistant public defender in court papers filed last week.
“The defense is hopeful that the newly elected State Attorney, Harold Pryor, will not continue Michael Satz[‘s] legacy of having the most death penalty cases reversed in the State of Florida,” they said.
Assistant State Attorneys Nicole Chiappone and Jeff Marcus labeled those remarks “unprofessional insults.” (emphasis added)
Still, in addition to death penalty reversals the state attorney’s office under Satz was a party to grievous miscarriages of justice in which long-imprisoned defendants were freed after being exonerated by DNA tests or other evidence. In cases where evidence of police misconduct existed, it was not prosecuted. …
The County Commission looked poised to vote downMark Bogen’s proposal to name the Ceremonial Courtroom after Jack Tuter, when Tim Ryan kept the item alive by asking for a postponement for Tuter to seek a JEAC opinion as to whether the proposed honor for a sitting judge would run afoul of judicial canons.
Steve Geller took the initiative to remove the item off the Consent Agenda. If it had stayed on Consent, it was a done deal. Geller, however, wanted discussion, and was soon joined by Dale Holness, Mike Udine, and Nan Rich in voicingstrong concerns against the precedent of naming something for a relatively young and healthy person.
Geller, referencing Alcee Hastings and others who have received honors while living, stated:
We have made exceptions when people appear to be close to dying … perhaps if he were retiring …
And from Dale Holness:
The entire community knew (Hastings’) health condition …
In response to Mark Bogen’s spurious argument that precedent had also been set via the County Commission dedication plaques that adorn most large public building projects, Nan Rich stated:
The plaque that goes up on a building is not the same … I just have a problem naming parts of buildings for people who are living …
In any event, the whole thing is now set off until the next County Commission meeting in August, pending the aforementioned JEAC opinion. Ryan and the county attorney discussed the possibilities of motions to disqualify Tuter and other legal issues if the naming goes through, echoing concerns we’ve heard regarding Tuter presiding over cases involving Broward County.
Will Tuter seek the opinion, or, recognizing today’s political winds, potential ethical quagmires, and the thoughts raised in Sounds About White and elsewhere, does he withdraw his name from consideration? Does he seek the opinion, and the JEAC puts the issue to bed? Does it still pass, despite today’s on-the-record strong concerns of four commissioners? Does it go down in flames on a vote in August, or does it quietly die on the vine in face-saving fashion before the next meeting, without coming up for a vote?
Date: June 15, 2021 at 9:47:05 AM EDT Subject: (BACDL) Reopening Q&A w/ Judge Coleman today and tomorrow.
Eric Schwartzreich and Josh Danz, co-chairs of the criminal law section of the BCBA, are having a “Q and A” today and tomorrow at 1:30pm with Judge Coleman regarding courthouse re-opening. It will be on Judge Coleman’s zoom.
Infighting and controversy have ironically stricken the Broward County Commission on the eve of an exception being made to the County Administrative Code allowing commissioners to permanently name the new Ceremonial Courtroom in honor of the very much alive Jack Tuter.
Both Mark Bogen,seen here in the comments section posing gleefully with Tuter and Mike Satz, and his colleague, Steve Geller, have come out strongly against the actions of a third commissioner, Dale Holness, to honor Kodak Black via proclamation for his extensive and well-documented charitable efforts.
The proclamation lists several of Black’s contributions, including college costs for the three children of two FBI agents killed in a raid in Sunrise; funeral costs of a South Carolina police officer; and $100,000 to Nova Southeastern University’s law school in memory of Meadow Pollack, who was killed in the Parkland high school shooting in 2018.
“Our commission needs to honor people who have done things that are special and worthy of being honored,” said County Commissioner Mark Bogen. “I do not believe Mr. Black is worthy of that honor. Based on his past criminal conduct, this is not a man we should be honoring.” …
Holness signed the proclamation as the mayor of Broward, a title he had until November, when the one-year term ended. …
By signing the document “claiming to be mayor when he’s not, it’s very troubling any person would sign a document purporting to have a title when the person doesn’t have that title,” Bogen said. …
“What I have read about Kodak Black, I wouldn’t have signed my name to a proclamation,” Geller said.
Brad Cohen, Kodak’s lawyer, who spoke to us this morning, was not happy to hear about Bogen and Geller’s comments. Brad pointed out Kodak’s charitable good works started when he was fifteen years of age, and go much deeper than the ones mentioned in the Sun Sentinel, many having been made anonymously.
“The kid has done so much charity work that it puts other people to shame,” Cohen said.
Later in the day, after the news had sunk in, Cohen authored the following strongly worded post to Twitter:
So there you have it. Racially charged squabbling over honoring an undeniable homegrown minority hero to countless local, national, and international young people, a day before the Commission marches in lockstep to name a prestigious courtroom for a sitting caucasian judge. The timing is instructive, and indicative of much larger problems.
There are, of course, legions of deceased Broward leaders of all backgrounds and professions who took courageous and dangerous stands in the civil rights movement and in other areas, including combat in defense of our nation. Certainly no exception would need to be made for any of these exceptional people, and in a county known for systemic racism in the criminal justice system, where exceptions are only bestowed upon the wealthy or politically powerful, one shouldn’t be given now.
Jack Tuter should take heed and refuse the honor. Despite his achievements, he should pave the way for a more symbolic crusader for change. While Bogen and Geller, in the midst of the Black Lives Matter era, may still be ill-advised and ignorant of the miles Broward needs to travel to shed the shackles of mass incarceration, as evidenced by their objections to a mere proclamation, Tuter is not. The chief judge and those below him understand the ongoing challenges, as would anyone who bothers to take a moment and observe the make-up of the individuals populating circuit court criminal dockets. If the most stubborn problems cannot by their very nature be fixed quickly, powerful symbolic opportunities can and should be capitalized on immediately when rare occasions, such as the naming of the Ceremonial Courtroom, present themselves.
As each of
you know we are about to reopen per the most recent Supreme Court’s AO. We have been in touch with BSO,
Court Interpreter’s, Clerk’s Office, Court projects, Court Administration, etc.
The plan has been developed for all criminal divisions, both county and
circuit, as follows,
1.
Effective June 15, 2021, all Judges can use their individually assigned
courtroom to hold in person hearings. If you previously scheduled an in person
hearing in one of the in person courtrooms ( i.e. 6900, 6750 or 7870) it will
be heard in your individually assigned courtroom. The clerk’s office, court
interpreter’s and other necessary court personnel will be present in person.
Any out of custody change of plea scheduled for Room 3144 will be directed to
the division judge’s assigned courtroom to enter the plea. Attorneys,
witnesses, and parties shall appear in person unless he/she has been
specifically excused by the judge as to
that case. Masks are required to be worn
in the Courtroom. Please have your JA notify all attorneys, court deputies,
Interpreters, and other staff as to matters you have previously scheduled to
appear in your individually assigned courtroom.
2. Effective
June 21, 2021, all Judges shall use their assigned courtroom to conduct in
person hearings. Any currently scheduled circuit criminal FQ, FM and or FS in
custody docket will no longer be conducted over zoom. Defendant’s on any FQ,
FM, and FS in custody docket will be brought to the division judges to appear
in person. County court criminal judges will have in custody defendants brought
to their courtroom as before the pandemic. Defendants currently scheduled for
individual zoom cart hearings on your own division zoom platform will be
brought to your courtroom to appear in person. Masks will no longer be required
in the courtroom. If witnesses need to be called by either party, that party
must make arrangements to notify them of the in court appearance. Attorneys
shall appear in person unless he/she has been specifically excused by the judge
as to that case. BSO will not be
providing zoom for in custody defendants on regular hearing dockets.
3.
Effective June 21, 2021, Defendant’s arrested on a 1st Violation of Supervision
will be brought to the courtroom as pre-pandemic. Violation of Supervision
warrants will continue to be delivered by DOC to Judge Lynch for review. Violation of pretrial warrants will continue
to be delivered by BSO to Judge Kollra for review.
4.
Effective July 6, 2021, proceedings are back to the courtroom for both in
custody and out of custody defendants.
Any pandemic created docket will be conducted in your courtroom in
person as before. Jury trials shall begin. Jurors are available to conduct
trials. The Clerk’s office will be increasing each day the number of jurors
summoned until the pre pandemic levels of jurors are available. Remember large
special panels need to be pre ordered in advance or will be provided as
available. Please review the Supreme Court AO for the case priority. If an in
custody trial is not available then you shall try an out of custody case. As
before, if you have extra cases ready to go other judges are available to try
the case. Please have your JA call other judges all of the cases you set
resolve to help.
5.
Effective July 6, 2021, 1st appearance and extraditions shall fully resume in
the first appearance court room. Attorneys shall appear in person as
pre-pandemic.
6.
Effective August 2, 2021, all court proceedings shall resume as pre-pandemic
court appearance.
Presently
the Clerk’s office sets our arraignments, status hearings and calendar calls by
notice requiring appearance via zoom. The Clerk’s Office will be adjusting
future notice to reflect the in the courtrooms for all hearings. This will take
a few weeks. During this time you may still need to conduct some hearings on
Zoom because parties/lawyers will have been notified of the date and time of
the hearing. However, you should no longer set Zoom hearings. By the end of July, arraignments, status
hearings and calendar calls should have
been noticed for in person hearing and they will not include the Zoom meeting
ID.
You are
responsible for reviewing each of your cases and noticing these cases for the
courtroom. This transition will take
some time. There may be some resistance and it will have its share of issues.
Telephone and email inquiries will increase substantially. Your office must
respond to address the inquiries.
Remember it has been a long 18 months plus these changes are the “new normal” and patience is important. Please recognize the enormous task BSO and the Clerk’s office must take in making this change. Additionally, how confusing it may be for individuals who have received multiple dates and changes over the last 18 plus months.
We will
look into a way to use the zoom platform for county and circuit criminal after
the Courthouse has reopened successfully.
Mark Bogen, the County Commissioner sponsoring the Jack Tuter courtroom naming proposal, took the time to speak with us a few minutes ago.
He believes the Chief Judge deserves the honor because he has had an outstanding legal career, has done a great job as Chief Judge, and as the main engine in getting the Ceremonial Courtroom built, deserves to have it named after him.
Bogen stated he has never appeared before Tuter as an attorney, and that his law firm, Bogen Law Group, has no pending cases with Tuter presiding. Additionally, when asked why an exception would be made to the Broward County Administrative Code to name it after a living person, Bogen pointed out that the Commission has recently made other exceptions to the traditional naming policy to allow honors for living persons, indicating this is hardly a novel idea.
When asked whether the buck stops with Tuter as the Chief Judge of a circuit with so many highly publicized problems over the years, and, more specifically, as to whether the boss of the 17th Circuit bears any blame or responsibility for the egregious lockdown conditions inmates are still enduring due to the extended closures of the criminal courts and the lack of more than three in-custody dedicated Zoom links roughly fifteen months into the pandemic, Bogen stated he doesn’t have enough facts on these issues, but doesn’t believe Tuter deserves the criticism, and that blame shouldn’t be put on him for these types of problems.
So there you have it.
Stay tuned for public comment at the upcoming County Commission meetings …
The Board of County Commissioners of Broward County may name any property, building, structure, or facility owned by Broward County, or which Broward County otherwise has the right to name, subject to the following process and parameters:
a. In its sole discretion, the Board of County Commissioners may involve outside organizations in the process.
b. Ideas for names may originate from any organization or individual and should ultimately be in writing for consideration.
c. Property, buildings, structures, and facilities should not be named after living persons.
The always combative and entertaining APD Gus Martinez, who played a role in toppling Dennis Bailey, had a run in today with Ernie Kollra.
The video isn’t the highest quality, but since it’s already all over the criminal justice community, we thought we’d post it. Click the link above to download and watch.
Chalk it up to Zoom fatigue or otherwise, but in the end Kollra did the right thing, and gave Gus a standing recusal …
